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Signed ContractsCopyrighted October 20, 2025 City of Dubuque City Council ITEM TITLE: Signed Contracts SUMMARY: Continental Fire Sprinkler Company for Fire Protection System Repair, Replace, and Test Fire Sprinkler Heads - Acceptance of Quote and Contract; Dubuque Community School District for School Resources Officers for School Year SUGGUESTED DISPOSITION: ATTACHMENTS: 2025-2026; Dubuque Fire Equipment for Various maintenance on fire extinguishers and other fire equipment; Dubuque Initiatives for professional services; Duke's for Root Roaming Sewer Pipe; Eide Bailly LLP Master Services Agreement; Green Iowa AmeriCorps for the AmeriCorps Host Site; LBC Framing and Electrical for Various electrical & framing work at 6 fire stations; Resilient Mind Psychology, LLC for Psychological Services provided to City of Dubuque Police Department; Shane Steffen for mowing, bailing, and removal of hay services at Dubuque Technology Park; Strand Associates for the Water and Resource Recovery Center Phase 1 2024 Motor Control Center Communication and Programmable Logic Controller Upgrades — Bidding -and - Construction -Related Services; Terracon for Geotechnical Engineering Services for Old Mill Road Lift Station Phase 3; Terracon for Geotechnical Engineering Services for Old Mill Road Lift Station Phase 4; Top Grade Excavating for Storm Sewer Pipe Replacement at Fire Station 2 (2180 JFK Road). Receive and File 1. Dubuque Fire Equipment 2. Root Control Contract 3. Engineering Services for Phase I of WRRC 4. Eide Bailly Master Services Agreement 5. Technology Park Hay Mowing Baling and Removal Contract 6. OMLS Phase 3 Sanitary Interceptor Project Geotechnical 7. OMLS Phase 4 Sanitary Interceptor Project Geotechnical 8. LBC Framing and Electrical 9. Resilient Mind Psychology Contract Page 217 of 817 10. Fire Protection System Contract 11. Fire Protection System Acceptance of Quote 12. Top Grade Excavating 13. Staffing Contract with Dubuque Initiatives 14. Green Iowa AmeriCorps Agreement 15. School Resource Officer Contract Page 218 of 817 Dubuque THE CU--*-FU DB 2007.2012.2U13 2017*2019 Masterpiece on the Mississippi City of Dubuque Fire Department 11 W. 9th Street, Dubuque (address) Dubuque, IA 52001 Phone # 563-589-4160 CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT THIS VENDOR SERVICE AGREEMENT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and (Vendor) at Dubuque Fire Equipment (Vendor Name) 1170 Roosevelt St. Ext. Dubuque, IA 52001 (Vendor Address - City and State) PROJECT TITLE: Various maintenance on fire extinguishers and other fire equipment (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: Various maintenance on fire extinguishers and other fire equipment The work described above shall be completed at the following location(s): Fire Headquarters (11 W. 9th St), Station 2 (2180 JFK Rd), Station 3 (3155 Central Ave.), Station 4 (1697 University Ave), Station 5 (689 S. Grandview), Station 6 (1500 Rhomberg) The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa Page 1 of 20 Page 219 of 817 and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE — Please include one applicable Insurance Schedule: o Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) o Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box 0 Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors ❑ Insurance Schedule G — Vendors ❑ Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor 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 Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement 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. 6. The Vendor shall fully complete the Project under this Contract on or before June 30, 2026 (date) Page 2 of 20 Page 220 of 817 7. Indemnification; Liability for City Damage A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the 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 (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. B. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 8. Prior to the commencement of any work on this Project and at all times during the performance of this Contract, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule as indicated above and attached hereto. 9. The Vendor agrees that no work under this Contract shall commence until the City has authorized said work in writing. Any work started by the Vendor prior the City authorization shall be considered unauthorized and done at the sole risk to the Vendor. 10. Vendor will comply with all federal, state, and local laws and regulations in the performance of this Contract. 11. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice delivered to the Vendor. 12. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be the Iowa District Court for Dubuque County. Page 3 of 20 Page 221 of 817 THE CITY AGREES: The City agrees to pay the Vendor for the work actually performed under this Contract, up to the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT $ Up to $5,000.00 CITY OF DUBUQUE, IOWA By: k�w Aa--4� ichael C. Van Mi ligen City Manager 10/03/2025 Date VENDOR: Dubuque Fire Equipment Company Name ByAllison Suckow Digitally signed by Allison Suckow . Date 2025.09.29 16 58 18-05'00' Signature Allison Suckow Printed Name Vice President Title 9/29/2025 Date Page 4 of 20 Page 222 of 817 EXHIBIT A TERMS AND CONDITIONS The following Terms and Conditions apply to City of Dubuque Transactions: 1. The City of Dubuque is exempt from federal excise tax and Iowa sales tax. 2. The City of Dubuque will not be responsible for payment for any goods delivered without a purchase order. 3. The vendor will send a separate invoice for each purchase order number. All invoices, packages, shipping notices, or the like affecting the order shall contain the applicable purchase order number. The vendor is to submit original invoice to the address shown in the SHIP TO section on the front of this order. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized. 5. It is understood by the vendor that the cash discount period to the City of Dubuque will date from the receipt of the invoice or from the date of the receipt of the goods, whichever is later. 6. The risk of loss of and damage to the goods which are the subject of this order, regardless of the F.O.B. point, is and will remain with the vendor until the goods are delivered to the destination set out in the order and accepted by the City of Dubuque or the authorized City of Dubuque representative. 7. In the event of the vendor's failure to deliver as and when specified, or to perform as and when specified, the City of Dubuque reserves the right to cancel this order, or any part thereof, without prejudice to its other rights, and the vendor agrees that the City of Dubuque may return part or all of any shipment so made and may charge the vendor with any loss expense sustained as a result of such failure to deliver or to perform. 8. In the event any article, service, or process sold, delivered and/or performed hereunder is covered by any patent, copyright, or application for either, the vendor will indemnify and save harmless the City of Dubuque from any and all loss, cost, or expenses on account of any and all claims, suits, or judgments on account of the use or sale of such article or the use of such service or process in violation of such patent, copyright or application for either. 9. In the event any article, service, or process sold and delivered or sold and performed hereunder is defective in any respect whatsoever, the vendor will indemnify and save harmless the City of Dubuque from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to person or property that may happen or occur in connection with the use or sale of such article, or process and are contributed to by said defective condition. Page 5 of 20 Page 223 of 817 10. The vendor agrees not to release any advertising copy mentioning the City of Dubuque or quoting the opinion of any City of Dubuque employee without the prior written authorization from the City of Dubuque. 11. The vendor represents and warrants that no federal or state statute or regulation, or local municipal ordinance has been or will be violated in the manufacturing, sale and delivery hereunder. If such violation has or does occur, the vendor will indemnify and save harmless the City of Dubuque from all loss, penalties, or payment of all sums of money on account of such violation. 12. The City of Dubuque may at any time insist upon strict compliance with these terms and conditions notwithstanding any previous custom, practice, or course of dealing to the contrary. 13. The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of the vendor's proposal, and are not subject to change by reason of any written or verbal statements by the vendor or by any terms stated in the vendor's acknowledgement unless same be accepted in writing by the City of Dubuque. 14. Current Safety Data Sheets (SDS), when applicable to the order, must be provided by the vendor in accordance with all regulations. Page 6 of 20 Page 224 of 817 EXHIBIT B Class A: Class B: Class C: INSURANCE SCHEDULE F Asbestos Removal Fiber Optics Sanitary Sewers Asphalt Paving Fire Protection Sheet Metal Concrete Fireproofing Site Utilities Construction Managers General Contractors Shoring Cranes HVAC Special construction Culverts Mechanical Steel Decking Paving & Surfacing Storm sewers Demolition Piles & Caissons Structural Steel Deconstruction Plumbing Trails Earthwork Retaining Walls Tunneling Electrical Reinforcement Water main Elevators Roofing Chemical Spraying Landscaping Rough Carpentry Doors, Window & Masonry Stump Grinding Glazing Vehicular Snow Removal Tank Coating Drywall Systems Painting & Wall Covering Tree Removal Fertilizer Application Pest Control Tree Trimming Geotech Boring Scaffolding Tuckpointing Insulation Sidewalks Waterproofing Finish Carpentry Plastering Well Drilling Carpet Cleaning Carpet & Resilient Flooring Caulking & Sealants Acoustical Ceiling Filter Cleaning General Cleaning Grass Cutting Janitorial Non Vehicular Snow & Ice Removal Office Furnishings Power Washing Tile & Terrazzo Flooring Window Washing Page 7 of 20 Page 225 of 817 INSURANCE SCHEDULE F (continued) Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project # Project name: Various maintenance on fire equipmentor Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate required shall be furnished to the Fire 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 shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 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 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 written mutual agreement attached hereto. Page 8 of 20 Page 226 of 817 INSURANCE SCHEDULE F (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01 or business owners form BP 00 02 shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project(s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees, agents, 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. 8) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. 9) Contractor and subcontractor shall not use any drone without the prior written approval of the City of Dubuque. Any drone usage must comply with above liability limits and the additional insured endorsement must name the City of Dubuque with respect to aircraft 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 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 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 Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 9 of 20 Page 227 of 817 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 Employer's Liability 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 but not limited to 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 X No Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos, or PCBs. 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, agents, 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. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. 7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability -Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the Owner's property. F) RAILROAD PROTECTIVE LIABILITY Coverage required: Yes X No Page 10 of 20 Page 228 of 817 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) AND 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 11 of 20 Page 229 of 817 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 12 of 20 Page 230 of 817 Dubuque THE CF DUUB�_E w A■aw uh 20U7.2012.2013 2017*2019 Masterpiece on the Mississippi City of Dubuque Public Works Department 925 Kerper Ct (address) Dubuque, IA 52001 Phone # 563-589-4250 CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT THIS VENDOR SERVICE AGREEMENT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and (Vendor) at Duke'S (Vendor Name) 400 Airport Rd., Suite E Elgin, IL 60123 (Vendor Address - City and State) PROJECT TITLE: Rnnt C:nntrnl Root Foaming Sewer Pipe (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: Root foaming of sewer pipe and manhole's The work described above shall be completed at the following location(s): Various locations in City of Dubuque described on quote number 5753 The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa Page 1 of 20 Page 231 of 817 and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE — Please include one applicable Insurance Schedule: o Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) o Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box 0 Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors ❑ Insurance Schedule G —Vendors ❑ Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor 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 Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement 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. 6. The Vendor shall fully complete the Project under this Contract on or before December 31, 2025 (date) Page 2 of 20 Page 232 of 817 7. Indemnification; Liability for City Damage A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the 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 (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. B. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 8. Prior to the commencement of any work on this Project and at all times during the performance of this Contract, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule as indicated above and attached hereto. 9. The Vendor agrees that no work under this Contract shall commence until the City has authorized said work in writing. Any work started by the Vendor prior the City authorization shall be considered unauthorized and done at the sole risk to the Vendor. 10. Vendor will comply with all federal, state, and local laws and regulations in the performance of this Contract. 11. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice delivered to the Vendor. 12. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be the Iowa District Court for Dubuque County. Page 3 of 20 Page 233 of 817 THE CITY AGREES: The City agrees to pay the Vendor for the work actually performed under this Contract, up to the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT $ 15,781.18 CITY OF DUBUQUE, IOWA By: k%. A&, ichael C. Van illigen City Manager 10/03/2025 Date VENDOR: Duke's Company By: - 10/2/2025 Signature Date Matt Grandinetti Printed Name Vice President of Sales Title Page 4 of 20 Page 234 of 817 EXHIBIT A TERMS AND CONDITIONS The following Terms and Conditions apply to City of Dubuque Transactions: 1. The City of Dubuque is exempt from federal excise tax and Iowa sales tax. 2. The City of Dubuque will not be responsible for payment for any goods delivered without a purchase order. 3. The vendor will send a separate invoice for each purchase order number. All invoices, packages, shipping notices, or the like affecting the order shall contain the applicable purchase order number. The vendor is to submit original invoice to the address shown in the SHIP TO section on the front of this order. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized. 5. It is understood by the vendor that the cash discount period to the City of Dubuque will date from the receipt of the invoice or from the date of the receipt of the goods, whichever is later. 6. The risk of loss of and damage to the goods which are the subject of this order, regardless of the F.O.B. point, is and will remain with the vendor until the goods are delivered to the destination set out in the order and accepted by the City of Dubuque or the authorized City of Dubuque representative. 7. In the event of the vendor's failure to deliver as and when specified, or to perform as and when specified, the City of Dubuque reserves the right to cancel this order, or any part thereof, without prejudice to its other rights, and the vendor agrees that the City of Dubuque may return part or all of any shipment so made and may charge the vendor with any loss expense sustained as a result of such failure to deliver or to perform. 8. In the event any article, service, or process sold, delivered and/or performed hereunder is covered by any patent, copyright, or application for either, the vendor will indemnify and save harmless the City of Dubuque from any and all loss, cost, or expenses on account of any and all claims, suits, or judgments on account of the use or sale of such article or the use of such service or process in violation of such patent, copyright or application for either. 9. In the event any article, service, or process sold and delivered or sold and performed hereunder is defective in any respect whatsoever, the vendor will indemnify and save harmless the City of Dubuque from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to person or property that may happen or occur in connection with the use or sale of such article, or process and are contributed to by said defective condition. Page 5 of 20 Page 235 of 817 10. The vendor agrees not to release any advertising copy mentioning the City of Dubuque or quoting the opinion of any City of Dubuque employee without the prior written authorization from the City of Dubuque. 11. The vendor represents and warrants that no federal or state statute or regulation, or local municipal ordinance has been or will be violated in the manufacturing, sale and delivery hereunder. If such violation has or does occur, the vendor will indemnify and save harmless the City of Dubuque from all loss, penalties, or payment of all sums of money on account of such violation. 12. The City of Dubuque may at any time insist upon strict compliance with these terms and conditions notwithstanding any previous custom, practice, or course of dealing to the contrary. 13.The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of the vendor's proposal, and are not subject to change by reason of any written or verbal statements by the vendor or by any terms stated in the vendor's acknowledgement unless same be accepted in writing by the City of Dubuque. 14. Current Safety Data Sheets (SDS), when applicable to the order, must be provided by the vendor in accordance with all regulations. Page 6 of 20 Page 236 of 817 EXHIBIT B Class A: Class B: Class C: INSURANCE SCHEDULE F Asbestos Removal Fiber Optics Sanitary Sewers Asphalt Paving Fire Protection Sheet Metal Concrete Fireproofing Site Utilities Construction Managers General Contractors Shoring Cranes HVAC Special construction Culverts Mechanical Steel Decking Paving & Surfacing Storm sewers Demolition Piles & Caissons Structural Steel Deconstruction Plumbing Trails Earthwork Retaining Walls Tunneling Electrical Reinforcement Water main Elevators Roofing Chemical Spraying Landscaping Rough Carpentry Doors, Window & Masonry Stump Grinding Glazing Vehicular Snow Removal Tank Coating Drywall Systems Painting & Wall Covering Tree Removal Fertilizer Application Pest Control Tree Trimming Geotech Boring Scaffolding Tuckpointing Insulation Sidewalks Waterproofing Finish Carpentry Plastering Well Drilling Carpet Cleaning Carpet & Resilient Flooring Caulking & Sealants Acoustical Ceiling Filter Cleaning General Cleaning Grass Cutting Janitorial Non Vehicular Snow & Ice Removal Office Furnishings Power Washing Tile & Terrazzo Flooring Window Washing Page 7 of 20 Page 237 of 817 INSURANCE SCHEDULE F (continued) Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project # Project name: Root Control or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate required shall be furnished to the Public Works 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 shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever an ISO form is referenced the current edition must be provided. 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. 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 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 written mutual agreement attached hereto. Page 8 of 20 Page 238 of 817 INSURANCE SCHEDULE F (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01 or business owners form BP 00 02 shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project(s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees, agents, 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. 8) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. 9) Contractor and subcontractor shall not use any drone without the prior written approval of the City of Dubuque. Any drone usage must comply with above liability limits and the additional insured endorsement must name the City of Dubuque with respect to aircraft 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 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 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 Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 9 of 20 Page 239 of 817 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 Employer's Liability 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 but not limited to 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: X 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, agents, 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. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. 7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability -Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the Owner's property. F) RAILROAD PROTECTIVE LIABILITY Coverage required: —Yes X No Page 10 of 20 Page 240 of 817 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) AND 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 11 of 20 Page 241 of 817 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 12 of 20 Page 242 of 817 �. Strand Associates, Inc. 500 Neil Avenue, Suite 110 Columbus, OH 43215 - (P) 614.835.0460 STRAND www.strand.com ASSOCIATES® Excellence in Engineeringsm Task Order No. 25-11 City of Dubuque, Iowa (OWNER) and Strand Associates, Inc.® (ENGINEER) Pursuant to Agreement for Technical Services dated June 9, 2016 Project Information Project Name: Water and Resource Recovery Center (W&RRC) Phase 1 2024 Motor Control Center (MCC) Communication and Programmable Logic Controller (PLC) Upgrades —Bidding- and Construction -Related Services Scope of Services ENGINEER will provide the following services to OWNER. Bidding -Related Services l . Prepare addenda, as necessary, and answer questions during bidding. 2. Assist OWNER in awarding the Construction Contract, including a bid evaluation letter. Construction -Related Services 1. Provide contract administration services, including participation in a preconstruction videoconference, review of the contractor's shop drawing submittals, review of the contractor's periodic pay requests, and responding to questions from the contractor and OWNER. 2. Review requests for information from the contractor and respond as necessary. Develop contractor requests for quotation for OWNER as necessary. 3. Participate in up to ten construction progress videoconferences via MS Teams or Zoom and participate in one on -site construction progress meeting. 4. Update existing SCADA system human -machine interface (HMI) software to accommodate new PLC addresses and modifications to existing inputs, outputs, and PLC -generated alarms. Make one site visit following the contractor's request for substantial completion to review construction progress and develop a list of items to be completed or corrected by the contractor, up to two five-day site visits to participate in site -acceptance testing led by the contractor to test all inputs and outputs wired to the new PLCs, and one final site visit to review that the substantial completion list of items to be completed or corrected has been addressed. ENGINEER's observation efforts will be directed toward determining for OWNER whether the project will, in general, conform to the Contract Documents, but ENGINEER will not supervise, direct, or have control over the contractor's work and will not be responsible for the contractor's construction means, methods, techniques, sequences, procedures, or health and safety precautions or programs, or for the contractor's failure to perform the construction work in accordance with the Contract Documents. DDG:sem\R:\MAD\Documents\Agreements\D\Dubuque, City of (IA)\TSA.2016\TO\2025\I 154.053.25-1 Ldocx Arizona I Illinois I Indiana I Iowa I Kentucky I Ohio I Tennessee I Texas I Wisconsin Page 243 of 817 Strand Associates, Inc° City of Dubuque Task Order No. 25-11 Page 2 September 12, 2025 Provide record drawings in electronic format based on information compiled from the contractor's records. ENGINEER will provide drafting services only for record drawings based on any construction contract changes and the records presented to ENGINEER by the contractor and OWNER. ENGINEER will not be liable for the accuracy of the record drawing information provided by the contractor and OWNER. Compensation OWNER shall compensate ENGINEER for Services under this Task Order a lump sum of $110,000. Schedule. Services will begin upon execution of this Task Order, which is anticipated the week of September 15, 2025. Services are scheduled for completion on August 31, 2027. TASK ORDER AUTHORIZATION AND ACCEPTANCE: ENGINEER: OWNER: STRAND ASSOCIATES, INC.® 4 f2 2j� J o s e-,A M. Bunker Date Co orate Secretary CITY OF DUBUQUE 1%'t� �� 6a��. 10/05/2025 Mi hael C. Van Milligen Date City Manager DDG:sem\R:\MAD\Documents\Agreements\D\Dubuque, City of ((A)\TSA.2016\T0\2025\I 154.053.25-1 Ld= www.strand.com Page 244 of 817 EIDE BAILLY LLP MASTER SERVICES AGREEMENT GENERAL 1) This Master Services Agreement ("Agreement") describes Eide Bailly LLP's standard terms and conditions applicable to the provision of Eide Bailly's services to the Client. For the purposes of this Master Services Agreement, any reference to "Eide Bailly" is a reference to Eide Bailly LLP. Any reference to "Client" is a reference to the party or parties that have engaged Eide Bailly to provide services and the party or parties ultimately responsible for payment of Eide Bailly's fees and costs. Client acknowledges and agrees that Eide Bailly is not in a fiduciary relationship with it and Eide Bailly has no fiduciary responsibilities to Client in the performance of its services described herein or in any applicable Statement of Work. As between this Agreement and any applicable Statement of Work, the language in this Agreement will control. BILLING, PAYMENT, & TERMINATION 2) Billing and Payment Terms. Eide Bailly will bill Client for its professional fees and costs as provided in a Statement of Work. All bills are payable upon receipt and will include actual out-of-pocket expenses, administrative charges, and a technology fee. If collection action is necessary, expenses and reasonable attorney's fees will be added to the amount due. Should our relationship terminate before the services provided for in a separate Statement of Work are completed, Client will be billed for services to the date of termination. 3) Termination. Either party may terminate this Agreement by written notice to the other party at any time for any reason, except Eide Bailly shall not terminate in a manner that causes undue harm to Client. Nothing in this Agreement shall prohibit Eide Bailly from terminating this Agreement or any Statement of Work where termination is required by applicable professional standards. INFORMATION AND DATA 4) Sharing of Information. During the course of the engagement, Eide Bailly will only provide confidential engagement documentation to Client via Eide Bailly's secure portal or other secure methods, and request that Client uses the same or similar tools in providing information to Eide Bailly. Should Client r Eide Badly choose not to utilize secure communication applications, Client acknowledges that such communication contains a risk of the information being made available to unintended third parties. Similarly, Eide Bailly may communicate with Client or its personnel via e-mail or other electronic methods. Client acknowledges that communication in those mediums contains a risk of misdirected or intercepted communications. 5) Remote Access. Should Client provide Eide Bailly with remote access to its information technology environment, including but not limited to its financial reporting system, Client agrees to (1) assign unique usernames and passwords for use by Eide Bailly's personnel in accessing the system and to provide this information in a secure manner; (2)limit access to "read only" to prevent any unintentional deletion or alteration of Client's data; (3) limit access to the areas of Client's technology environment necessary to perform the procedures agreed upon; and (4) disable all usernames and passwords provided to Eide Bailly upon the completion of procedures for which access was provided. Eide Bailly agrees to only access Client's technology environment to the extent necessary to perform the identified procedures. 6) Electronic Sites. Regarding the electronic dissemination of audited financial statements, including financial statements published electronically on Client's website or elsewhere, Client understands that electronic sites are a means to distribute information and, therefore, Eide Bailly is not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. 7) Data and Records. Eide Bailly cannot agree to be the sole host and/or the sole storage for Client's financial and nonfinancial data. It is Client's responsibility to maintain Client's original data and records and Eide Bailly cannot be responsible to maintain such original information. By signing this Agreement, Client affirms that it has all the data and records required to make its books and records complete. 8) Mandatory Disclosures. Eide Bailly may be requested to make certain engagement August 2025 Page 245 of 817 documentation available to outside parties, including regulators, pursuant to authority provided by law or regulation or applicable professional standards. If requested, access to such engagement documentation will be provided under the supervision of Eide Bailly's personnel. Furthermore, upon request, Eide Bailly may provide copies of selected engagement documentation to the outside party, who may intend, or decide, to distribute the copies of information contained therein to others, including other governmental agencies. Eide Bailly will be compensated for any time and expenses, including time and expenses of legal counsel, it may incur in making such documentation available or in conducting or responding to discovery requests or participating as a witness or otherwise in any legal, regulatory, or other proceedings as a result of Eide Bailly's performance of these services. Client and its attorney will receive, if lawful, a copy of every subpoena Eide Bailly is asked to respond to on its behalf. Wherever possible and as permitted under applicable court rules, Eide Bailly will work with Client to limit costs Client may incur." 9) Service Providers. Eide Bailly may use third - party service providers and/or affiliated entities (including Eide Bailly Shared Services Private Limited) (collectively, "service providers") in order to facilitate delivering its services to Client. Eide Bailly's use of service providers may require access to Client information by the service provider. Eide Bailly will take reasonable precautions to determine that such service providers have the appropriate procedures in place to prevent the unauthorized release of confidential information to others. Eide Bailly will remain responsible for the confidentiality of Client information accessed by such service provider and any work performed by such service provider. Client acknowledges that its information may be disclosed to such service providers, including those outside the United States. 10) Use of Artificial Intelligence. While providing the services set forth in this Agreement, in order to enhance the quality and efficiency of services provided, Eide Bailly may use tools incorporating artificial intelligence, including, but not limited to, algorithms, machine learning, and automated processes ("Al"). The use of such technologies will comply with applicable laws and regulations. Eide Bailly will use appropriate due diligence and best practices to ensure that any Al tools and methods are secure. 11) Confidential Information. Neither of us may use or disclose the other's confidential information for any purpose except as permitted under this Agreement or as otherwise necessary for Eide Bailly to provide the services. Client's confidential information is defined as any information it provides to Eide Bailly that is not available to the public. Eide Bailly's confidential information includes its engagement documentation for engagements performed under this Agreement. Eide Bailly's engagement documentation, including all workpapers, shall at all times remain the property of Eide Bailly. The confidentiality obligations described in this paragraph shall supersede and replace any and all prior confidentiality and/or nondisclosure agreements (NDAs) between us. 12) Retention Period. Eide Bailly agrees to retain its documentation or work papers for a period of at least eight years from the date of a report, other engagement deliverables, and/or completion of the engagement. DISPUTES & LIMITATIONS 13) Mediation. Any disagreement, controversy, or claim arising out of or related to any aspect of Eide Bailly's services or relationship with Client (hereafter a "Dispute") shall, as a precondition to litigation in court, first be submitted to mediation. In mediation, the parties attempt to reach an amicable resolution of the Dispute with the aid of an impartial mediator. Mediation shall begin by service of a written demand. The mediator will be selected by mutual agreement. If we cannot agree on a mediator, one shall be designated by the American Arbitration Association ("AAA"). Mediation shall be conducted with the parties in person in Minneapolis, Minnesota. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. Neither party may commence a lawsuit until the mediator declares an impasse. 14) Limitation of Liability. Unless disallowed by law or regulation, the exclusive remedy available to Client for any alleged loss arising from or related to Eide Bailly's services shall be the right to pursue claims for actual damages that are directly caused by Eide Bailly's breach of this Agreement or Eide Bailly's violation of applicable professional standards. In no event shall Eide Bailly's aggregate liability to Client exceed two times fees paid under the applicable Statement of Work, nor shall Eide Bailly ever be liable to Client for indirect, special, incidental, August 2025 Page 246 of 817 consequential, punitive, or exemplary damages, or attorneys' fees. 15) Time Limitation. Unless disallowed by law or regulation, Client may not bring any legal proceeding against Eide Bailly unless it is commenced within twenty-four (24) months ("limitation period") after the date when Eide Bailly delivered the report, return, or other deliverable as identified in a relevant Statement of Work or upon termination of the Statement of Work, whichever is earlier, regardless of whether Eide Bailly performs other services for Client. The limitation period applies and begins to run even if Client has not suffered any damage or loss or has not become aware of a possible dispute. 16) Limited Indemnity. Eide Bailly shall not be responsible for any misstatements in its deliverables to Client that it may fail to detect as a result of misrepresentations or concealment of information by any of Client's owners, directors, officers, or employees. Unless disallowed by law, regulation, or applicable professional standards, Client shall indemnify and hold Eide Bailly harmless from any claims, losses, settlements, judgments, awards, damages, and attorneys' fees arising from any such misstatement or concealment of information. If, through no fault of Eide Bailly, it is named as a party to a dispute between Client and a third party, Client shall indemnify and hold Eide Bailly harmless against any losses, damages, settlements, judgments, awards, and the costs of litigation (including attorneys' fees) it incurs in connection with the dispute. Eide Bailly shall not be entitled to indemnification under this Agreement unless the services were performed in accordance with professional standards in all material respects. 17) Governing Law and Venue. Any Dispute between us, including any Dispute related to the engagement contemplated by this Agreement, shall be governed by Minnesota law. Any unresolved Dispute shall be submitted to a federal or state court located in Minneapolis, Minnesota. 18) Assignment. Client shall not assign, sell, barter, or transfer any legal rights, causes of actions, claims, or Disputes it may have against Eide Bailly to any person. OTHER 19) U.S. Securities and Exchange Commission ("SEC") and other Regulatory Bodies. Where Eide Bailly is providing services either for (a) an entity that is registered with the SEC, (b) an affiliate of such registrant, or (c) an entity or affiliate that is subject to rules, regulations, or standards beyond those of the American Institute of Certified Public Accountants ("AICPA"), any term of this contract that would be prohibited by or impair our independence under applicable law or regulation shall not apply to the extent necessary only to avoid such prohibition or impairment. 20) HLB International. Eide Bailly is a member of HLB International, a worldwide organization of accounting firms and business advisors ("HLB"). Each member firm of HLB, including Eide Bailly, is a separate and independent legal entity and is not owned or controlled by any other member of HLB. Each member firm of HLB is solely responsible for its own acts and omissions, and no other member assumes any liability for such acts or omissions. Neither Eide Bailly nor any of its affiliates are responsible or liable for any acts or omission of HLB or any other member firm of HLB and hereby specifically disclaim any and all responsibility, even if Eide Bailly or any of its affiliates are aware of such acts or omissions of another member of HLB. Engagements referred among HLB member firms may result in the payment and receipt of a referral fee. 21) Eide Bailly Alliance. Eide Bailly formed the Eide Bailly Alliance, a network for small to mid -sized CPA firms across the nation. Each member firm of The Eide Bailly Alliance, including Eide Bailly, is a separate and independent legal entity and is not owned or controlled by any other member of The Eide Bailly Alliance. Each member firm of The Eide Bailly Alliance is solely responsible for its own acts and omissions, and no other member assumes any liability for such acts or omissions. Neither Eide Bailly, nor any of its affiliates, are responsible or liable for any acts or omission of The Eide Bailly Alliance or any other member firm of The Eide Bailly Alliance and hereby specifically disclaim any and all responsibility, even if Eide Bailly, or any of its affiliates are aware of such acts or omissions of another member of The Eide Bailly Alliance. 22) Severability. In the event that any term or provision of this Agreement shall be held to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. August 2025 Page 247 of 817 23) Use of Deliverables and Drafts. Client agrees it will not modify any deliverables or drafts prepared by Eide Bailly for internal use or for distribution to third parties. Client also understands that Eide Bailly may, on occasion, send Client documents marked as draft and understand that those are for Client's review purpose only, should not be distributed in any way, and should be destroyed as soon as possible. When the engagement provides for the issuance of a report on financial or non -financial information, and/or other deliverables, Client may make copies of the report and/or other deliverables, but only if the entirety of the relevant underlying information, exactly as accompanying our report and/or deliverable, as appropriate, are reproduced and distributed with the report and/or other deliverables. Client agrees not to reproduce or associate our report and/or other deliverables with any other financial or non -financial information, or portions thereof, that are not the subject of our engagement. Acknowledged and agreed: A/L>° EIDE BAILLY LLP CLIENT _AAZ�w Sign ture 10 Michael C. Van Milligen Name City Manager Title 10/06/2025 Date Eide Bailly Use: Client ID: 60588 Account Name: City of Dubuque - General Address: City Hall 50 W 13 St, Dubuque, IA 52001 SR ID: SR-0099721 August 2025 Page 248 of 817 EIDE BAILLY LLP TECHNOLOGY CONSULTING ADDENDUM to MASTER SERVICES AGREEMENT GENERAL 1) This Addendum only applies in conjunction with an associated Statement of Work for technology consulting services. All terms of the Master Services Agreement shall remain in full force and effect. SERVICES AND DELIVERABLES 2) Incorporation of Design Documentation. The Deliverables identified in a Statement of Work may include Design Documentation. Any Design Documentation shall be submitted to Client for written approval. Upon Client's written approval, any Design Documentation shall be incorporated into the Deliverables described in a Statement of Work. If the Design Documentation conflicts with any such Deliverables, the Design Documentation shall control. 3. Work Outside of Scope. Eide Bailly shall have no obligation to provide any Deliverables or perform any Services not specifically set forth in a Statement of Work or Design Documentation. Client may request additional Deliverables and Services only pursuant to the Change Control procedures described immediately below. 4. Change Control. If either Party identifies a need to supplement or revise the Services or Deliverables described in a Statement of Work, the Party may create a change request ("Change Request"). The Change Request shall include relevant details such as changes to scope, assumptions, cost estimates, timelines, risks, and the like. Both Parties shall accept the terms of a Change Request before work outside the scope of a Statement of Work may continue. Eide Bailly shall charge Client, and Client shall pay Eide Bailly, on an hourly basis at Eide Bailly's normal hourly rates for any services or deliverables requested by Client that are not specified in a Statement of Work or an accompanying Change Request. Any signed Change Request shall thereafter be incorporated into the Statement of Work to which it refers. S. HIPAA. Unless agreed by Eide Bailly in a separate signed writing: a) Client has not relied on Eide Bailly to opine upon Eide Bailly's actual or potential status as a Business Associate (as that term is defined in the Health Insurance Portability and Accountability Act of 1996, as amended and supplemented ("HIPAA")); b) In providing the Services, Eide Bailly is not acting as a Business Associate on Client's behalf; c) The Services and Deliverables may not be used to store, maintain, process, or transmit protected health information ("PHI") (as that term is defined in HIPAA); and d) The Services and Deliverables will not be used in any manner that would require the Services or Deliverables to be HIPAA compliant. OWNERSHIP RIGHTS 6. Eide Bailly's Ownership Rights. Eide Bailly retains all rights, titles, and interests, including Intellectual Property Rights, in any Preexisting Materials, including the right to use, reuse, or otherwise exploit any Preexisting Materials for its other clients. In addition, Eide Bailly retains all rights, titles, and interests, including all Intellectual Property Rights, in the Services, Software, Design Documentation, and Deliverables, including the right to provide similar services and deliverables to other clients. 7. Client Ownership Rights. Client retains all rights, titles, and interests, including all Intellectual Property Rights, in the Client Materials. Client grants Eide Bailly the right to use the Client Materials to provide the Services and Deliverables to Client. Eide Bailly shall not market, distribute, reproduce, or seek to commercially exploit the Client Materials. 8. Contingent License. Provided Client has fulfilled its obligations under this Agreement, Eide Bailly grants Client a perpetual, non-exclusive, transferable, worldwide, and royalty free license to use, reproduce, copy, perform, display, modify or have modified by third parties, create or have created by third parties derivative works of, the Services, Software, Design Documentation, and/or Deliverables. August 2025 Page 249 of 817 CLIENT ENGAGEMENT RESPONSIBILITIES 9. Appointment of Coordinator. Client shall designate one individual and one alternate to serve as Eide Bailly's primary point of contact for the relationship contemplated by this Agreement (the "Coordinator"). The Coordinator shall have the authority to act for Client as to all aspects of this Agreement. Eide Bailly shall be entitled to rely on all statements and agreements made by the Coordinator during the term of this Agreement. 10. Third -Party Products and License Terms. In connection with the receipt of any services or the use of any third -party products, software, tools, or components incorporated into or referenced in any applicable Statement of Work, Client expressly acknowledges and agrees to be bound by the terms and conditions of any applicable third -party license agreements, whether such terms are provided directly by the third party or referenced by Eide Bailly. Client further agrees that: a) No Objection. Client shall not contest, object to, or otherwise challenge, the enforceability or applicability of any such third -party license terms. b) Deemed Receipt. Client acknowledges that it has received, reviewed, and understood all applicable third -party license agreements, or, where such agreements are publicly available or referenced in the Statement of Work, that it has had a reasonable opportunity to do so. Client shall not assert any claim or defense based on non -receipt or lack of awareness of such terms. c) Indemnification. Client shall indemnify, defend, and hold harmless Eide Bailly from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to Client's breach of any third -party license terms. d) Survival. The provisions of this section shall survive the termination or expiration of the applicable Statement of Work or this Agreement. WARRANTIES 11) Express Warranty. Eide Bailly shall perform all Services, and the Deliverables shall have been prepared in a workmanlike manner. 12) Warranty Against Non -Infringement. Any Services, Software, or Deliverables, when properly used as contemplated by this Agreement, shall not infringe or misappropriate any United States copyright, trademark, patent, or other trade secrets of any third parties. Eide Bailly has any necessary rights and permissions to use any Third -Party Software in the manner contemplated by this Agreement. 13) Warranty Disclaimers. Except as specifically described in this Warranties section, all Services, Software, Third -Party Software, Deliverables, and any other product or service provided by Eide Bailly to Client are furnished "as is" and without any other express or implied warranties of any kind. Eide Bailly expressly disclaims any and all such warranties, such as, but without limitation, any implied warranties of merchantability, or fitness for a particular purpose. Eide Bailly does not warrant that any Services, Software, Third -Party Software, or Deliverables will be uninterrupted or error free. 14) Remedies for Breach of Warranty. The exclusive remedy to Client for a breach of any warranty arising under this Agreement shall be the repair or replacement of the Services, Software, Deliverables, or any other product or service provided to Client by Eide Bailly. If a court of competent jurisdiction determines that this remedy fails of its essential purpose, Client's damages for breach of warranty shall be limited as described in the Master Services Agreement. DEFINITIONS 15) As used in this Addendum: a) "Client Materials" means all of Client's proprietary business information, methodologies, procedures, utilities, algorithms, models, documents, and concepts, and any Intellectual Property Rights therein, which are provided by Client to Eide Bailly in furtherance of this Agreement. b) "Deliverables" means only those tangible items Eide Bailly agrees in writing to provide to Client in a Statement of Work. August 2025 Page 250 of 817 c) "Design Documentation" means a written description of requirements or functionality created through a collaborative process between Eide Bailly and Client for the purpose of analysis, planning, and implementation of the Services and/or Deliverables. d) "Intellectual Property Rights" means patents, patent applications, patent rights, trademarks, trademark registrations, trademark applications, service marks, business marks, trade names, brand names, all other names and slogans embodying business or product goodwill (or both), copyright registrations, copyrights (including those in computer programs, software such as source code and object code, development documentation, programming tools, drawings, specifications and data), trade secrets, proprietary information, know-how, mask works, industrial designs, processes and technical information and all related rights now existing or hereafter created. e) "Preexisting Materials" means Eide Bailly's proprietary business information, methodologies, programming, tools, know- how, procedures, utilities, algorithms, models, software libraries, source code, design, products, platform, and documents, and all Intellectual Property Rights therein. f) "Services" means only those technology consulting services Eide Bailly agrees in writing to provide to Client in a Statement of Work. g) "Software" means all computer code and related uses of information technology including but not limited to, all documentation, manuals, and instructions, that is used, designed, developed, and/or implemented by Eide Bailly for Client under this Agreement. h) "Third -Party Software" means all software that is owned by an entity other than Eide Bailly or Client and is being used by Eide Bailly to provide the Services and/or Deliverables to Client. 16. Usage. All terms defined herein shall include the plural as well as the singular. Any undefined term shall be defined according to its plain English definition. August 2025 Page 251 of 817 Mowing, Haling and Removal Agreement Between the City of Dubuque, Iowa and Shane Steffen 7htt hgMeMLt of foe r11d4N V. b*WV, W4 fors& bl CPI hft sdv"s bewme n tllc City of ❑ubugtm ihWpa%M fwPlt MO W 04 'CW I " ShWW 5iWWjtW ealt*1 164W ed ;a 86 'C.�antraclor I 0 mbde NV enkomd Vito on tAV2WdAy&58pWftWM The pr+apary staled in time sw"merA 4 tc," at to toknwi q address. 2&9& T��r�,�$lgru�i M�I�tira Ceyr wvd Conirettw hemby *W" to ft kAk3 nV terrrin t Cary WA9ararM the CcXraCvr acw%s to the lymWty dunng rWuW busrna%a how's til yW - fnday �0'00&m - rS 00pmj CST axMAKW%al nuatuaRf aWe ed upoel tir"". 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IOWA CONTRACTOR, Stione $#eftm 10/03/2025 BY'�" DM*: If - -a'� 2-t5 Page 252 of 817 r eerracon September 11, 2025 City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 Attn: Mr. Max O'Brien RE: Proposal for Geotechnical Engineering Services Old Mill Road Lift Station Phase 3 Old Mill Road Dubuque, Iowa Terracon Proposal No. P33255017.R1 Dear Mr. O'Brien: 4492 Westside Drive Dubuque, Iowa 52003 P (563) 355-0702 Terracon.com We appreciate the opportunity to submit this proposal to the City of Dubuque (City) to provide geotechnical engineering services for the above referenced project. The following are exhibits to the attached Agreement for Services. Exhibit A Project Understanding Exhibit B Scope of Services Exhibit C Compensation and Project Schedule Exhibit D Site Location Exhibit E Anticipated Exploration Plan Exhibit C includes details regarding our fees and consideration of additional services, as well as a general breakdown of our anticipated schedule. Your authorization for Terracon to proceed in accordance with this proposal can be issued by signing and returning a copy of the attached Agreement for Services to our office. Sincerely, Terracon Fred E. Schuster, P.E. Project Engineer 1�99� Sara J. Somsky, P.E. Principal Facilities I Environmental I Geotechnical i Materials Page 253 of 817 i'lerracon- Reference Number. P33255017 AGREEMENT FOR SERVICES This AGREEMENT is between City of Dubuque IA ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for Client on the Old Mill Lift Station Phase 3 Middle Fork project ("Project"), as described in Consultant's Proposal dated 09/11/2025 ("Proposal"), including but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant's services is described in the Proposal, including but not limited to the Scope of Services section ("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. 5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. 8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii) commercial general liability insurance ($2,000,000 occ / $4,000,000 agg); (iii) automobile liability insurance ($2,000,000 B.I. and P.D. combined single limit); (iv) umbrella liability ($5,000,000 occ / agg); and (v) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. Page 1 of 2 Rev. 11-22 Page 254 of 817 terra Reference Number. P33255017 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Kansas law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client's contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time Consultant believes it is in the best interests of Consultant's employees or subcontractors to do so in order to reduce the risk of exposure to unsafe site conditions. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant's pre -task planning and risk assessment processes. Consultant: Terracon Consultants, Inc. Client: City of Dubuque IA By: S-c34 Date: 9/11/2025 By: f / p Date: 09/25/2025 Name/Title: Sara J Somsky / Geotechnical Department Name/Title: Michael Van Milligen /City Manager Manager Address: 4492 Westside Dr Address: Engineering Department 50 W 13th St Dubuque, IA 52003-8106 Dubuque, IA 52001 Phone: (563) 355-0702 Fax: Phone: (598) 427-0 Fax: Email: Sara.Somsky@terracon.com Email: ctymgr@cityofdubuque.org Page 2 of 2 Rev. 11-22 Page 255 of 817 Proposal for Geotechnical Engineering Services Terracon Old Mill Road Lift Station Phase 3 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255017.R1 Exhibit A - Project Understanding Our Scope of Services is based on our understanding of the project as described by the City and the expected subsurface conditions as described below. We have not visited the project site to confirm the information provided. We request the City and/or the design team verify all information provided in the following tables prior to our initiation of field exploration activities. Planned Construction Item Description A phone call with Mr. Todd Irwin and Mr. Max O'Brien with the Information City occurred on June 3, 2025, an onsite meeting occurred on Provided June 11, 2025, and meeting at City Hall on August8, 2025. Information provided included a Parcel Map and conceptual plan drawings of the layout of the planned alignment. The existing gravity sanitary sewer main line will be Project reconstructed, extending from east of the intersection of Hughes Description Court and Cedar Cross Road to the current construction at Old Mill Road Lift Station, which is located north of Old Mill Road and Rockdale Road. Approximately 2.5 miles of replacement 48-inch diameter sanitary sewer is planned. The reconstruction will include three railroad track crossings, up to two rock boring areas, and numerous creek crossings. A majority of the replacement sewer Proposed alignment will follow the existing gravity sewer and City right - Structure of -way (ROW). Terracon understands the majority of the alignment will be constructed with open -cut methodology, although the project also incorporates three subsurface track crossings and possibly two rock boring areas. A grading plan was not provided. We understand minimal cut/fill Grading/Slopes will be required to develop final grades. Evaluation of existing/proposed slopes was not requested and is not included in our scope of services. Facilities I Environmental I Geotechnical I Materials Page 256 of 817 Proposal for Geotechnical Engineering Services r Terracon Old Mill Road Lift Station Phase 3 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255017.R1 Site Location and Anticipated Conditions Item Description The project extends northwest from the Old Mill Road Lift Station approximately 2.5 miles along the middle fork of Catfish Parcel Creek in Dubuque, Iowa. Information ■ West Extent: 42.48350 N 90.70380 W ■ East Extent: 42.46940 N 90.67800 W ■ Approximate; see Exhibit D Proposed alignment is generally located in undeveloped areas Existing along an existing utility ROW corridor and a railroad ROW. The Improvements existing sewer is understood to be 12 to 18 inches in diameter. Other possible above and below -grade utilities are also expected. Current Ground Cover Grass, weeds, pavements, and the Middle Fork Catfish Creek. Existing The topography in the area of the proposed alignment is Topography generally gently rolling, with the ground surface elevations at the boring/probe locations ranging from about 620 to 810 feet. Our fee includes a site visit prior to mobilization to locate the borings/probes, verify access to the boring/probe locations, and Site Access determine access routes to the borings/probes. Our proposal considers the alignment and all exploration locations will be accessible with our ATV -mounted drilling equipment and support truck. Terracon provided geotechnical engineering services for the Old Mill Road Lift Station and trenchless crossings at the railroad tracks. The subsurface conditions encountered were presented in Terracon Report Nos. 07215132 and 13225081.02, dated Expected Subsurface November 23, 2021 and August 24, 2023, respectively. Shallow Conditions groundwater, relative to construction proposed, was present at the site at depths of 4 to 10 feet. The alignment is expected to consist primarily of alluvial sands, silts, and clays with underlying relatively shallow limestone or dolomite bedrock in some areas Facilities I Environmental I Geotechnical I Materials Page 257 of 817 Proposal for Geotechnical Engineering Services rerracon Old Mill Road Lift Station Phase 3 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255017.R1 Exhibit B - Scope of Services Our proposed Scope of Services consists of a field exploration, laboratory testing, and engineering/project delivery. These services are described in the following sections. Field Exploration Based on input provided by City, and our experience with similar projects in the vicinity of the project site, we propose the following field exploration program that includes subsurface borings, bedrock elevation mapping, and dewatering testing: Number of Exploration Locations 7 Type of Exploration Borings Depth or Description' .e 11 Borings 30 1 Pump Tests 35 feet, Dewatering Testing 12 Geoprobe 30 4 Sampling 35 A seismic system consisting of a Pwave seismograph and linear series of 13 Refraction and 24 geophones in Bedrock Elevation MASW Survey Mapping- Pwave Refraction and MASW Surveys Planned Location 2 Track Crossings Proposed Alignment 1. Based on the geology in the vicinity of the project site, shallow bedrock may be encountered at the boring locations. If refusal is encountered above the planned depth, up to 8 borings will be advanced to planned depth using rock coring procedures. The remaining borings will be terminated upon auger refusal. Up to 80 feet of rock coring is included in our fee. 2. The planned boring and geoprobe sampling locations are shown on the attached Anticipated Exploration Plan. Boring Layout and Elevations: We understand that the City will stake proposed exploration locations and provide surface elevations. Subsurface Exploration Procedures: We will advance the borings with an ATV - mounted drill rig using continuous flight augers (solid stem and/or hollow stem, as necessary) and/or rotary wash boring techniques. Samples will be obtained at an interval of approximately 21/2 feet in the upper 15 feet or 20 feet, depending on the Facilities I Environmental I Geotechnical I Materials Page 258 of 817 Proposal for Geotechnical Engineering Services Terracon Old Mill Road Lift Station Phase 3 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255017.R1 planned invert elevation of the pipe, of each boring and at intervals of 5 feet thereafter. Soil sampling will be performed using thin -wall tube and/or split -barrel sampling procedures. The split -barrel samplers will be driven in accordance with the standard penetration test (SPT). The samples will be placed in appropriate containers, taken to our laboratory for testing, and classified by an engineer or geologist. In addition, we will observe and record groundwater levels during drilling and sampling. If rotary wash drilling methods are used to advance the boreholes, the drilling fluid will obscure the actual groundwater levels, so water levels will not be recorded in boreholes after the initiation of rotary wash drilling methods. Upon encountering bedrock or refusal -to -drilling conditions, rock coring (using NQ rock core barrel) will be performed at up to eight borings. Water will be used as a drilling fluid for rock coring and the spent water will be discharged on site. Our proposed budget considers water is available within several miles of the boring location. Our exploration team will prepare field logs to record sampling depths, penetration distances, other relevant sampling information, visual classifications of materials observed during drilling, and our interpretation of subsurface conditions between samples. Soil samples obtained during our field exploration will be retained for approximately 60 days after submission of our geotechnical engineering report in the event that additional testing is requested. The Geoprobe samplings will also be performed using a track/all-terrain vehicle (ATV) mounted rig to hydraulic push and sampling tube through the soil. Samples would be collected utilizing a dual tube soil sampling system that contains a sealed casing. The core (e.g., macro -core) sampling is performed continuously, as much as 5 feet in length, in formations ranging from plastic clays to saturated sands. For the basis of his report, the Geomorphologist, Mr. Michael Kolb, will view the samples collected at Terracon's Dubuque office. Pumping Well and Monitoring Well Installation: Due to the planned use of open cut installation of the sewer line and assumed shallow groundwater, temporary dewatering systems will likely be required along the alignment. In order to provide estimates for groundwater inflow to assist in the design of the temporary dewatering systems and to aid in estimating settlement impacts to the surrounding area, Terracon proposes to conduct a series of aquifer performance tests to determine a reasonable estimate of the distance from the excavation that the groundwater table will be lowered (radius of influence), and an estimate of the quantity of groundwater (flow rate) required to be handled by the temporary dewatering systems. ■ Test Well Installation: To complete the aquifer performance testing phase of this project, Terracon will install one 4-inch diameter "pumping" well, and Facilities I Environmental I Geotechnical I Materials Page 259 of 817 Proposal for Geotechnical Engineering Services Terracon Old Mill Road Lift Station Phase 3 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255017.R1 three 2-inch diameter observation wells at the site. The "pumping" well will be installed near the central portion of the subject site to a depth of approximately 25 feet. The monitoring wells will also be installed to 25 feet and have the same screen length as the "pumping" well. One observation well will be installed 10 feet from the "pumping" well, a second observation well will be installed within 25 of the pumping well, and a third observation well will be installed 40 feet from the pumping well. The 4-inch "pumping" well will be constructed to a total depth of approximately 35 feet below existing ground surface (BGS). The "pumping" well will be screened from at least 5 feet to its total depth. ■ Well Development: Each well will be developed to restore the natural hydraulic conductivity of the area surrounding the borehole and to achieve maximum production capacity for the pumping well. Each well will be initially developed using a surge block throughout the screened section. Upon completion of the initial surge block development, a test pump will be installed to complete the development of the well. The pump and surge development will consist of over pumping at various rates. Turbidity will be measured and recorded every ten minutes during development. Turbidity will be measured using a Hach 2100P turbidity meter. Well development will continue until the maximum specific capacity is obtained from the completed well and turbidity is within acceptable limits for discharge purposes, generally less than 10 NTUs. Aquifer Performance Testing: A series of aquifer performance tests will be completed at the site once the pumping well and observation wells have been fully developed. Terracon proposes to complete a step-drawdown test in order to determine the pumping rate necessary to influence water levels across the site during the 48-hour constant rate test. Terracon proposes to complete one 48-hour constant rate pumping test. The pumping rate for the constant rate test will be determined based on analysis of the step- drawdown test data. Terracon will provide on -site aquifer test data collection services for the completion of the required constant rate pumping tests at the project site. Terracon will provide all water level meters and data logging pressure transducers necessary to collect water level data during the tests. Also, a pressure transducer dedicated to monitor barometric pressure fluctuations during the entire aquifer performance testing period will be deployed at the project site. Terracon will also provide all pumping equipment, flow meters, and discharge piping necessary complete the pumping tests. ■ Constant Rate Test: A constant pumping rate will be estimated for the 48-hour constant rate test. The constant rate test will involve pumping the 4-inch test well at the selected discharge rate for 48-hours and monitoring recovery of water levels once the pumping period has ended. Facilities I Environmental I Geotechnical I Materials Page 260 of 817 Proposal for Geotechnical Engineering Services Old Mill Road Lift Station Phase 3 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255017.R1 rerracon Static water levels in the pumping well will be monitored for a minimum of 24 hours prior to starting the pumping test, using an In -situ LevelTroll 700 data logging pressure transducer (or equivalent) set to collect data every minute for 24 hours prior to the start of the pumping test. Also, a pressure transducer dedicated to monitor barometric pressure changes during the entire aquifer performance testing period will be deployed at the project site. Depth to water measurements will be collected manually and with a pressure transducer within the pumping well at the intervals listed in the table below. Time Since Beginning of Pumping 0 minutes to 2 minutes 2 minutes to 5 minutes 0 minutes to 15 minutes 15 minutes to 50 minutes 60 minutes to 120 minutes 120 minutes to 24 hours 24 hours to 48 hours Measurement Interval 10 seconds 30 seconds 1 minute 5 minutes 10 minutes 30 minutes 60 minutes In addition to the time and drawdown (depth to water level) measurements, the instantaneous discharge rate and the flow meter totalizer reading will be recorded every 10 minutes for the first hour of pumping, then discharge measurements will follow the depth to water measurement time intervals. Any additional factors affecting the quality of the well testing data will be recorded, including but not limited to, precipitation events, changes in barometric pressure, mechanical breakdown, etc. Depth to water measurements will be collected manually and with a pressure transducer within each observation well using the intervals listed in the table above. When the pumping portion of the test is stopped, the rate of water level recovery in the pumping well will be measured at the shortest possible interval. The manual measurements will be collected as fast as possible for the first 15 minutes of the recovery and then will follow the measurement intervals for the drawdown interval as previously discussed. Recovery measurements will continue until the rate of water level rise is less than 1/10 foot per hour. Water generated during well testing will be routed a discharge point away from the test area and managed in accordance with an approved disposal Facilities I Environmental I Geotechnical I Materials Page 261 of 817 Proposal for Geotechnical Engineering Services Terracon Old Mill Road Lift Station Phase 3 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255017.R1 plan. For the purposes of this proposal, it is assumed that the water produced during the test can be disposed of into surface run-off. Bedrock Elevation Mapping— General Seismic: Terracon will use a seismic system consisting of a seismograph and linear series of 24 geophones to derive subsurface seismic velocity information. ■ P-wave Refraction Survey: The refraction method is used to generate subsurface compressive wave velocities along the seismic array. An energy source, consisting of a hand -operated sledgehammer and metal plate, produces seismic waves along the seismic array. For each line, a single 2D profile is generated with compressive (p) wave velocities and corresponding depth. Rippability information can also be provided if requested and rock type is known. The refraction method is limited to results demonstrating increasing velocity with depth and is unable to resolve slower velocities below a higher velocity zone. ■ Multi -channel analysis of surface waves (MASW): The MASW is a seismic method that is used to generate subsurface shear wave velocities along a seismic array. An energy source, consisting of a hand -operated sledgehammer and metal plate, produces seismic waves along the seismic array. The MASW method can be used to produce both a 1-D shear wave velocity profile to aid in Site Class determination and a 2-D subsurface profile to aid in subsurface characterization. The MASW method is not limited by increasing velocity with depth and is capable of modeling relative changes in velocity. Shear wave velocities correlate with material stiffness and shear modulus. Report outputs would consist of 2D interpretations of the models based on the seismic velocity and the ground truth data available. A seismic velocity will be determined for the top of bedrock based on available boring data, and bedrock will be approximated from each model with the inclusion of boring data to produce a bedrock elevation profile. We anticipate extending five to six lines using a combination of the above -described methods. A seismic site classification could also be provided from the collected data Property Disturbance: Terracon will take reasonable efforts to reduce damage to the property. However, it should be understood that in the normal course of our work some disturbance could occur including rutting of the ground surface and damage to vegetation, landscaping and/or crops. We will backfill borings with auger cuttings and/or bentonite chips upon completion and a downhole plug will be installed near the ground surface of the borings performed in grass. Borings performed in pavements will be capped with cold -mix asphalt and/or ready -mixed concrete, as appropriate. Our services do not include repair of the site beyond backfilling our boreholes and patching existing pavements. Excess auger cuttings Facilities I Environmental I Geotechnical I Materials Page 262 of 817 Proposal for Geotechnical Engineering Services Terracon Old Mill Road Lift Station Phase 3 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255017.R1 will be dispersed in the general vicinity of each borehole. Because backfill material often settles below the surface after a period, we recommend boreholes be periodically checked and backfilled, if necessary. We can provide this service or grout the boreholes for additional fees at your request. Site Access: Terracon must be granted access to each exploration site by the property owner. Terracon will correspond with the City, as required, to allow for the notification of property owners and to proceed with access routes and timeframes that have been agreed upon. Our proposed fees includes time to correspond with the City, but do not include time to negotiate and coordinate access with landowners or tenants. Terracon will conduct field services during normal business hours (Monday through Friday between 7:00am and 5:00pm). If our exploration must take place over a weekend or at night, please contact us so we can adjust our schedule and fee. Safety Terracon is not aware of environmental concerns at this project site that would create health or safety hazards associated with our exploration program; thus, our Scope considers standard OSHA Level D Personal Protection Equipment (PPE) appropriate. Our Scope of Services does not include environmental site assessment services, but identification of unusual or unnatural materials observed while drilling will be noted on our logs. Terracon will contact Iowa "One Call" to locate utilities in public easements. This service requires 3 days to clear utilities from the time the request is made. We will consult with the landowner/client regarding potential utilities or other unmarked underground hazards. Based upon the results of this consultation, we will consider the need for alternative subsurface exploration methods as the safety of our field crew is a priority. Private utilities should be marked by the owner/client prior to commencement of field exploration. Terracon will not be responsible for damage to private utilities not disclosed to us. Terracon's Scope of Services does not include private utility locating services. If the landowner/client is unable to accurately locate private utilities, including drainage tiles, and it becomes apparent that the risk of private utilities on/near the site exists, then Terracon will initiate these services by forwarding the additional scope and corresponding fee to our client for approval. The detection of underground utilities is dependent upon the composition and construction of the utility line; some utilities are comprised of non -electrically conductive materials and may not be readily detected. The use of a private utility locate service Facilities I Environmental I Geotechnical I Materials Page 263 of 817 Proposal for Geotechnical Engineering Services rerracon Old Mill Road Lift Station Phase 3 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255017.R1 would not relieve the landowner/client of their responsibilities in identifying private underground utilities. Laboratory Testing The project engineer will review field data and assign laboratory tests to understand the engineering properties of various soil and rock strata. Exact types and number of tests cannot be defined until completion of fieldwork, but we anticipate the following laboratory testing may be performed: ■ Water content ■ Unit dry weight (on thin -wall cohesive soils only) ■ Unconfined compressive strength (on thin -wall cohesive soils only) ■ Atterberg limits (up to 20 samples) ■ Grain size analysis (up to 20 samples) ■ Rock quality designation (RQD) ■ Unconfined compressive strength of rock core samples Our laboratory testing program will include examination of soil samples by an engineer or geologist. Based on the results of our field and laboratory programs, we will describe and classify soil samples in general accordance with the Unified Soil Classification System (USCS). Rock classification will be conducted using locally accepted practices for engineering purposes; petrographic analysis (if performed) may reveal other rock types. Rock core samples typically provide better specimens for classification. Engineering and Project Delivery Geotechnical Engineering Reports: The results of our field and laboratory programs will be evaluated, and a geotechnical engineering report will be prepared for the sewer and a geotechnical engineering report will be prepared for the trenchless crossings of the trackage. The geotechnical engineering reports will be prepared under the supervision of a licensed professional engineer. The geotechnical engineering report for construction of the sewer will provide the following: ■ Boring logs with field and laboratory data ■ Stratification based on visual and tactile soil and rock classification ■ Groundwater levels observed during and after the completion of drilling ■ Site Location and Exploration Plans ■ Subsurface exploration procedures Facilities I Environmental I Geotechnical I Materials Page 264 of 817 Proposal for Geotechnical Engineering Services rerracon Old Mill Road Lift Station Phase 3 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255017.R1 ■ General geology of the project site ■ Summary of the subsurface conditions encountered ■ Earthwork recommendations including site/subgrade preparation ■ Lateral earth pressure recommendations ■ Analysis of aquifer performance testing data ■ Summary of groundwater flow model results with estimates of distance from the excavation the groundwater table will be lowered and estimated quantities of groundwater (flow rate) that will have to be handled by a temporary dewatering system ■ Geomorphological interpretation of samples (provided by Mr. Michael Kolb, an independent consultant) The geotechnical engineering report for the railroad crossings will include and/or address the following: ■ Stratified boring logs with field and laboratory data ■ Summaries of subsurface soil, rock, and groundwater conditions encountered ■ General geology of the site ■ Site Location and Exploration Diagrams ■ Subsurface exploration procedures ■ Discussion regarding the feasibility of the trenchless installations ■ Geotechnical parameters for the applicable layers, including: • Unit weight • Angle of internal friction or cohesion • Rankine at -rest earth pressure coefficient ■ General design and construction considerations for the trenchless installations ■ Estimated ground surface settlement consideration an overcut dimension ■ Estimated ground surface settlement resulting from dewatering ■ Discussion of mitigative methods to address potential excessive settlement ■ Recommended settlement monitoring program during construction ■ Recommended settlement monitoring point layout ■ Estimated seismic site class, per AREMA, based on the data obtained ■ General dewatering considerations ■ Geotechnical discussion regarding pre -construction surveys and construction monitoring ■ General earthwork recommendations for pit construction and backfilling, including: • Anticipated subgrade conditions and construction considerations • Suitable on -site and imported fill material types • Fill placement and compaction requirements Facilities I Environmental I Geotechnical I Materials Page 265 of 817 Proposal for Geotechnical Engineering Services rerracon Old Mill Road Lift Station Phase 3 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255017.R1 • General grading and drainage recommendations • General earthwork considerations Please note we considered that it will be the responsibility of the contractor to prepare an overall work/construction plan, a contingency plan and notification procedure that can be implemented during construction, as well as a dewatering plan/program and settlement monitoring program. Terracon's scope of services can require revisions once additional project details become available. Review of Project Specifications: Our geotechnical report and associated verbal and written communications will be used by others on the design team to develop plans and specifications for bidding and construction. Our review will include a written statement conveying our opinions relating to the plans and specifications' consistency with our geotechnical engineering recommendations. We have included an allowance of fourteen (14) hours of Terracon's engineering personnel to assist the City of Dubuque and their civil engineering consultant in the preparation of geotechnical aspects of the project specific, performance specification that outlines the work and the construction/work plan that will need to be provided to Canadian National Railway (CN). Once a contractor has been awarded the work, the contractor will need to prepare their comprehensive construction/work plan for inclusion in the application to CN, in order to receive final approval to initiate construction within the CN right-of-way. Our scope of services may require revisions once additional project details become available. Delivery: Your project will also be delivered using Compass. Upon initiation, we provide you and your design team the necessary link to access the website. Each project includes a calendar to track the schedule, an interactive site map, a listing of team members, access to the project documents as they are uploaded to the site, and a collaboration portal. We welcome the opportunity to have project kickoff conversations with the team to discuss key elements of the project and demonstrate features of Compass. The typical delivery process includes the following: ■ Project Planning - Proposal information, schedule and anticipated exploration plan ■ Site Characterization - Findings of the site exploration and laboratory results ■ Subcontracted Geomorphology Report ■ Geotechnical Engineering Report When services are complete, we upload a printable version of our completed geotechnical engineering report. Previous submittals, collaboration, and the report are maintained in our system. This allows future reference and integration into subsequent aspects of our services as the project goes through final design and construction. Facilities I Environmental I Geotechnical I Materials Page 266 of 817 Proposal for Geotechnical Engineering Services Terracon Old Mill Road Lift Station Phase 3 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255017.R1 Additional Services In addition to the services noted above, the following are often associated with geotechnical engineering services. Fees for services noted above do not include the following: Construction/Work Plan Review and Preparation: In order to receive a letter of "no objection" and approval to perform the construction, CN may request that Terracon provide a statement that the contractor's construction/work plan meets Terracon's recommendations and can be performed within the required settlement tolerances. Upon request, Terracon personnel will review the contractor's detailed construction/work plan and the project plans for consistency with the requirements of CN. Correspondence will be provided to the City of Dubuque regarding items we recommend be given consideration for revision or inclusion in the construction/work plan. Construction Observation and Monitoring: CN may request that the geotechnical engineer be present during the trenchless installations as part of the 'License' or Agreement' between CN Railway and the City of Dubuque. Terracon's scope of services would then include construction monitoring of the jack and bore installation to document that the measures implemented meet the requirements of the approved Construction, Settlement Monitoring, and Contingency/Recovery Plans for the project. The purpose of these plans being to limit the potential for track settlement and disruption of railroad operations, and to have means in -place that will provide a high level of care related to the safety of the railroad's operations. Daily reports would be prepared by Terracon for submittal to CN, the City of Dubuque, and the Contractor(s). Perform Environmental Assessments: Our Scope for this project does not include, either specifically or by implication, an environmental assessment of the site intended to identify or quantify potential site contaminants. If the client/owner is concerned about the potential for such conditions, an environmental site assessment should be conducted. We can provide a proposal for an environmental assessment, if desired. Facilities I Environmental I Geotechnical I Materials Page 267 of 817 Proposal for Geotechnical Engineering Services Old Mill Road Lift Station Phase 3 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255017.R1 i rerracon Exhibit C - Compensation and Project Schedule Compensation Based upon our understanding of the site, the project as summarized in Exhibit A, and our planned Scope of Services outlined in Exhibit B, our estimated fee ranges from $162,950 to $171,600. If conditions are encountered that require revisions to our scope of services and/or result in higher fees, the City will be contacted and presented with a supplemental proposal/change order stating the modified scope of services and fees. Our scope of services does not include services associated with site clearing, wet ground conditions or tree or shrub clearing. If such services are desired by the City, we should be notified so we can adjust our scope of services. Unless instructed otherwise, we will submit our invoice(s) to the address shown at the beginning of this proposal. If conditions are encountered that require Scope of Services revisions and/or result in higher fees, we will contact you for approval, prior to initiating services. A supplemental proposal stating the modified Scope of Services as well as its effect on our fee will be prepared. We will not proceed without your authorization. Project Schedule We developed a schedule to complete the Scope of Services based upon our existing availability and understanding of your project schedule. However, our schedule does not account for delays in field exploration beyond our control, such as weather conditions, permitting, delays resulting from utility clearance or lack of permission to access the boring locations. In the event the schedule provided is inconsistent with your needs, please contact us so we may consider alternatives. Delivery on Compass Schedule', z Kickoff Call with Client At least 2 days prior to commencing field program Field Program Drill date will be coordinated with the City 6 days of fieldwork anticipated Site Characterization 15 days after completion of field program Geotechnical Engineering 25 days after completion of field program 1. Upon receipt of your notice to proceed, we will activate the schedule component on Compass with anticipated dates for the delivery points noted above, as well as other pertinent events. Facilities I Environmental I Geotechnical I Materials Page 268 of 817 Geotechnical Engineering Services Old Mill Road Phase 31 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255017 Sii Terracon BUDGET ESTIMATE SUBSURFACE EXPLORATION & GEOTECHNICAL ENGINEERING REPORT Proposed Old Mill Road Phase 3 Dubuque, Iowa Terracon Proposal No. P33255017 DESCRIPTION FIELD SERVICES Mobilization of equipment and personnel - All -Terrain Drill Rig and Crew Mobilization of equipment and personnel - Geoprobe Rig and Crew Track -mounted Drill Rig - Daily Usage Geoprobe Rig - Daily Usage Support Vehicle Per Diem (two -person crew) Geo Probe Sampling Auger Drilling and Soil Sampling (0-20 ft.) Auger Drilling and Soil Sampling (20-40 ft.) Rock Coring Setup Rock Coring (0-40 ft) Field Geophysical Testing (MASW ) Pump Dewatering Testing (per test) Field Supervisor (Site Visit, Iowa One Call and Work Plan) ESTIMATED FIELD SERVICES SUBTOTAL QUANTITY UNIT UNIT PRICE 12 Geo probes to 30' or refusal, 4 Geo probes to 35' or refusal,l1 Borings to 30' or AR, 7 Borings to 40' or AR,and Geophysical Testing 1 each $2,500.00 $2,500.00 1 each $3,900.00 $3,900.00 8 day $1,000.00 $8,000.00 3 day $1,000.00 $3,000.00 11 day $150.00 $1,650.00 11 day $400.00 $4,400.00 500 foot $19.00 $9,500.00 360 foot $19.00 $6,840.00 250 foot $20.75 $5,187.50 8 each $150.00 $1,200.00 80 foot $54.75 $4,380.00 1 L.S. $33,250.00 $33,250.00 1 test $16,000.00 $16,000.00 24 hour $145.00 $3,480.00 Subtotal $103,287.50 $ 103,300.00 LABORATORY SERVICES Boring Logs Stratification 24 hour $145.00 $3,480.00 Visual Engineering Classification 345 each $6.50 $2,242.50 Moisture Content Determination 345 each $10.00 $3,450.00 Dry Density Determination 36 each $25.00 $900.00 Unconfined Compression Test - Soil 36 each $20.00 $720.00 Hand Penetrometer Test 125 each $5.00 $625.00 Atterberg Limits (3-point method) 20 each $156.00 $3,120.00 Percent Finer than #200 sieve 0 each $75.00 $0.00 Sieve Analysis washed over #200 sieve 0 each $95.00 $0.00 Combined Sieve Analysis & Hydrometer 20 each $185.00 $3,700.00 Chemical Analyses (suite of analytical tests)" 0 each $350.00 $0.00 Rock Core Density and Unconfined Compressive Strength 12 each $225.00 $2,700.00 '*pH, Red-Ox, soluble sulfates, sulfides, chlorides, total salts, & Miller box resistivity Subtotal $20,937.50 ESTIMATED LABORATORY SERVICES SUBTOTAL $ 20,950.00 Page 1 of 2 Page 269 of 817 Geotechnical Engineering Services Old Mill Road Phase 31 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255017 Terracon BUDGET ESTIMATE SUBSURFACE EXPLORATION & GEOTECHNICAL ENGINEERING REPORT Proposed Old Mill Road Phase 3 Dubuque, Iowa Terracon Proposal No. P33255017 DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL GEOTECHNICAL ENGINEERING SERVICES Senior Consultant Senior Principal (Pump Testing Analysis, Modeling, and Reporting) Principal Senior Project Manager / Engineer, P.E. Gecarchaeological Assessment Environmental Geomorphological Reviewer (Review of Subcontractor Report) Staff Engineer Project Geologist Draftsperson/CAD Operator Clerical/Administrative Staff ESTIMATED GOETECHNICAL ENGINEERING SERVICES SUBTOTAL ESTIMATED TOTAL FOR SCOPE OF SERVICES Project Direction, Coordination, Geotechnical Engineering Evaluations, and Report Preparation and Submittal 20 hour $235.00 $4,700.00 40 hour $230.00 $9,200.00 30 hour $225.00 $6,750.00 85 hour $175.00 $14,875.00 1 L.S. $7,400.00 $7,400.00 4 hour $145.00 $580.00 18 hour $135.00 $2,430.00 4 hour $115.00 $460.00 0 hour $70.00 $0.00 10 hour $95.00 $950.00 Subtotal $47 345.00 $ 47,350.00 $ 171,600.00 Page 2 of 2 Page 270 of 817 Proposal for Geotechnical Engineering Services rerracon Old Mill Road Lift Station Phase 3 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255017.R1 2. Standard workdays. We will maintain an activities calendar within on Compass. The schedule will be updated to maintain a current awareness of our plans for delivery. Facilities I Environmental I Geotechnical I Materials Page 271 of 817 O u M O LO Ln a N N Nl O 01 O- z c = @ M j N y � a c — O m V O J 41 C w C G1 Q I s W ly E m o .. o ` ¢ u cr lip Li 0 F f 3 � m w '+ V > f+ a i n �+ a 4 LU .j 6wa)l 4, VA Pi. `'j • e° • tl db Page 272 of 817 IE+i •��� - � �' '��' tP •f r Iry cL 3rw � � �' is ,' - � __ �� �,•, ,s, ,�.f jL+' �:. tit q .�.ia�5f..��. T� �! ■ r r 1� ..�e`PnillipWy�u •• c n .3�i � .. i• I a cmn [� JIB , ;*µ 'i�t �� • U m Q In s• - h S e ■ � �� 4 ■.+.tn�e•Sm�M� d - ram,•- � .s cS a cmn 1► 4 : as i c o Q ocL ul 4 r y m ■ m cn m d IF r— o N �, 5 cL u7 0- ■ r �_ N. a4 ti r�T i 4. �i'� ...� • JA �y r eerracon September 11, 2025 City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 Attn: Mr. Todd Irwin RE: Proposal for Geotechnical Engineering Services Old Mill Road Lift Station Phase 4 Dubuque, Iowa Terracon Proposal No. P33255018 Dear Mr. Irwin: 4492 Westside Drive Dubuque, Iowa 52003 P (563) 355-0702 Terracon.com We appreciate the opportunity to submit this proposal to the City of Dubuque (City) to provide geotechnical engineering services for the above referenced project. The following are exhibits to the attached Agreement for Services. Exhibit A Project Understanding Exhibit B Scope of Services Exhibit C Compensation and Project Schedule Exhibit D Site Location Exhibit E Anticipated Exploration Plan Exhibit C includes details regarding our fees and consideration of additional services, as well as a general breakdown of our anticipated schedule. Your authorization for Terracon to proceed in accordance with this proposal can be issued by signing and returning a copy of the attached Agreement for Services to our office. Sincerely, Terracon Fred E. Schuster, P.E. Project Engineer sw� Sara J. Somsky, P.E. Principal Facilities I Environmental I Geotechnical i Materials Page 274 of 817 i'lerracon- Reference Number. P33255018 AGREEMENT FOR SERVICES This AGREEMENT is between City of Dubuque IA ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for Client on the Old Mill Lift Station Phase 4 South Fork project ("Project"), as described in Consultant's Proposal dated 09/11/2025 ("Proposal"), including but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant's services is described in the Proposal, including but not limited to the Scope of Services section ("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. 5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither parry shall have a duty to defend the other parry, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. 8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii) commercial general liability insurance ($2,000,000 occ / $4,000,000 agg); (iii) automobile liability insurance ($2,000,000 B.I. and P.D. combined single limit); (iv) umbrella liability ($5,000,000 occ / agg); and (v) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. Page 1 of 2 Rev. 11-22 Page 275 of 817 terra Reference Number. P33255018 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Kansas law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client's contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time Consultant believes it is in the best interests of Consultant's employees or subcontractors to do so in order to reduce the risk of exposure to unsafe site conditions. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant's pre -task planning and risk assessment processes. Consultant: Terracon Consultants, Inc. Client: City of Dubuque IA By: S-c34 Date: 9/11/2025 By: Date: 09/25/2025 Name/Title: Sara J Somsky / Geotechnical Department Name/Title: Michael Van Milligen / City Manager Manager Address: 4492 Westside Dr Address: Engineering Department 50 W 13th St Dubuque, IA 52003-8106 Dubuque, IA 52001-4805 Phone: (563) 355-0702 Fax: Phone: (563) 5894270 Fax: Email: Sara.Somsky@terracon.com Email: ctymgr@cityofdubuque.org Page 2 of 2 Rev. 11-22 Page 276 of 817 Proposal for Geotechnical Engineering Services Terracon Old Mill Road Lift Station Phase 4 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255018 Exhibit A - Project Understanding Our Scope of Services is based on our understanding of the project as described by the City and the expected subsurface conditions as described below. We request the City and/or the design team verify all information provided in the following tables prior to our initiation of field exploration activities. Planned Construction Item Description A phone call with Mr. Todd Irwin and Mr. Max O'Brien with the Information City occurred on June 3, 2025, an onsite meeting occurred on Provided June 11, 2025, and a meeting at City Hall occurred on August 8, 2025. Information provided included a Parcel Map and conceptual plan drawings of the layout of the planned alignment. The existing gravity sanitary sewer main line will be Project reconstructed, extending from approximately 1/4 mile north of the Description intersection of North Cascade Road and Miners Lane to the current construction at Old Mill Road Lift Station, which is located north of Old Mill Road and Rockdale Road. Approximately 2.2 miles of replacement 48-inch diameter sanitary Proposed sewer is planned. The reconstruction will include numerous creek Structure crossings and three possible trenchless installations. Terracon understands the majority of the alignment will be constructed with open -cut methodology. A grading plan was not provided. We understand minimal cut/fill Grading/Slopes will be required to develop final grades. Evaluation of existing/proposed slopes was not requested and is not included in our scope of services. Site Location and Anticipated Conditions Item Description The project extends west from the Old Mill Road Lift Station, which is currently under construction, located approximately Parcel 2.2 miles along the south fork of Catfish Creek in Dubuque, Iowa. Information ■ West Extent: 42.47530 N 90.71220 W ■ East Extent: 42.46780 N 90.67921 W ■ Approximate; see Exhibit D Facilities I Environmental I Geotechnical I Materials Page 277 of 817 Proposal for Geotechnical Engineering Services r Terracon Old Mill Road Lift Station Phase 4 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255018 Item Description Existing Proposed alignment is generally located in undeveloped areas Improvements along an existing utility ROW. Above and below -grade utilities are also expected. Current Various vegetation, pavements, and creek Ground Cover Existing The topography in the area of the proposed alignment is generally Topography gently rolling, with the ground surface elevations at the boring/probe locations ranging from about 620 to 680 feet. Our fee includes a site visit prior to mobilization to locate the borings/probes, verify access to the boring/probe locations, and Site Access determine access routes to the borings/probes. Our proposal considers the alignment, and all exploration locations will be accessible with our ATV -mounted drilling equipment and support truck. Terracon provided geotechnical engineering services for the Old Mill Road Lift Station and trenchless crossings at the railroad tracks. The subsurface conditions encountered were presented in Expected Terracon Report Nos. 07215132 and 13225081.02, dated Subsurface November 23, 2021 and August 24, 2023, respectively. Shallow Conditions groundwater, relative to construction proposed, was present at the site at depths of 4 to 10 feet. The alignment is expected to consist primarily of alluvial sands, silts, and clays with underlying relatively shallow limestone or dolomite bedrock in some areas. Facilities I Environmental I Geotechnical I Materials Page 278 of 817 Proposal for Geotechnical Engineering Services rerracon Old Mill Road Lift Station Phase 4 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255018 Exhibit B - Scope of Services Our proposed Scope of Services consists of a field exploration, laboratory testing, and engineering/project delivery. These services are described in the following sections. Field Exploration Based on input provided by City, and our experience with similar projects in the vicinity of the project site, we propose the following field exploration program that includes subsurface borings, bedrock elevation mapping, and dewatering testing: Number of Type of Planned Exploration Depth or Description � 2 Locations Exploration Location 9 Borings 30 6 Borings 40 1 Pump Test 35 feet, Dewatering Testing 9 Geoprobe Sampling 30 Proposed 6 Geoprobe Sampling 35 Alignment A seismic system consisting of 5 Pwave Refraction a seismograph and linear series and MASW Survey of 24 geophones in Bedrock Elevation Mapping 1. Based on the geology in the vicinity of the project site, shallow bedrock is expected to be encountered at some boring locations. If refusal is encountered above the planned depth, up to 7 borings will be advanced to planned depth using coring procedures. The remaining borings will be terminated upon encountering auger refusal. Up to 70 feet of rock coring is included in our fee. 2. The planned boring locations are shown on the attached Anticipated Exploration Plan. Boring Layout and Elevations: We understand that the City will stake proposed exploration locations and provide surface elevations. Subsurface Exploration Procedures: We will advance the borings with an ATV - mounted drill rig using continuous flight augers (solid stem and/or hollow stem, as necessary) and/or rotary wash boring techniques. Samples will be obtained at an interval of approximately 21/2 feet in the upper 15 feet or 20 feet, depending on the planned invert elevation of the pipe, of each boring and at intervals of 5 feet thereafter. Soil sampling will be performed using thin -wall tube and/or split -barrel sampling Facilities I Environmental I Geotechnical I Materials Page 279 of 817 Proposal for Geotechnical Engineering Services Old Mill Road Lift Station Phase 4 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255018 Terracon procedures. The split -barrel samplers will be driven in accordance with the standard penetration test (SPT). The samples will be placed in appropriate containers, taken to our laboratory for testing, and classified by an engineer or geologist. In addition, we will observe and record groundwater levels during drilling and sampling. If rotary wash drilling methods are used to advance the boreholes, the drilling fluid will obscure the actual groundwater levels, so water levels will not be recorded in boreholes after the initiation of rotary wash drilling methods. Upon encountering bedrock or refusal -to -drilling conditions, rock coring (using NQ rock core barrel) will be performed in as many as seven borings. Water will be used as a drilling fluid for rock coring and the spent water will be discharged on site. Our proposed budget considers water is available within 1 mile of the boring location. Our exploration team will prepare field logs to record sampling depths, penetration distances, other relevant sampling information, visual classifications of materials observed during drilling, and our interpretation of subsurface conditions between samples. Soil samples obtained during our field exploration will be retained for approximately 60 days after submission of our geotechnical engineering report in the event that additional testing is requested. The Geoprobe samplings will also be performed using a track/all-terrain vehicle (ATV) mounted rig to hydraulic push and sampling tube through the soil. Samples would be collected utilizing a dual tube soil sampling system that contains a sealed casing. The core (e.g., macro -core) sampling is performed continuously, as much as 5 feet in length, in formations ranging from plastic clays to saturated sands. For the basis of his report, the Geomorphologist, Mr. Michael Kolb, will view the samples collected at Terracon's Dubuque office. Pumping Well and Monitoring Well Installation: Due to the planned use of open cut installation of the sewer line and assumed shallow groundwater, temporary dewatering systems will likely be required along the alignment. In order to provide estimates for groundwater inflow to assist in the design of the temporary dewatering systems and to aid in estimating settlement impacts to the surrounding area, Terracon proposes to conduct a series of aquifer performance tests to determine a reasonable estimate of the distance from the excavation that the groundwater table will be lowered (radius of influence), and an estimate of the quantity of groundwater (flow rate) required to be handled by the temporary dewatering systems. ■ Test Well Installation: To complete the aquifer performance testing phase of this project, Terracon will install one 4-inch diameter "pumping" well, and three 2-inch diameter observation wells at the site. The "pumping" well will be installed near the central portion of the subject site to a depth of Facilities I Environmental I Geotechnical I Materials Page 280 of 817 Proposal for Geotechnical Engineering Services Old Mill Road Lift Station Phase 4 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255018 Terracon approximately 25 feet. The monitoring wells will also be installed to 25 feet and have the same screen length as the "pumping" well. One observation well will be installed 10 feet from the "pumping" well, a second observation well will be installed within 25 of the pumping well, and a third observation well will be installed 40 feet from the pumping well. The 4-inch "pumping" well will be constructed to a total depth of approximately 35 feet below existing ground surface (BGS). The "pumping" well will be screened from at least 5 feet to its total depth. ■ Well Development: Each well will be developed to restore the natural hydraulic conductivity of the area surrounding the borehole and to achieve maximum production capacity for the pumping well. Each well will be initially developed using a surge block throughout the screened section. Upon completion of the initial surge block development, a test pump will be installed to complete the development of the well. The pump and surge development will consist of over pumping at various rates. Turbidity will be measured and recorded every ten minutes during development. Turbidity will be measured using a Hach 2100P turbidity meter. Well development will continue until the maximum specific capacity is obtained from the completed well and turbidity is within acceptable limits for discharge purposes, generally less than 10 NTUs. Aquifer Performance Testing: A series of aquifer performance tests will be completed at the site once the pumping well and observation wells have been fully developed. Terracon proposes to complete a step-drawdown test in order to determine the pumping rate necessary to influence water levels across the site during the 48-hour constant rate test. Terracon proposes to complete one 48-hour constant rate pumping test. The pumping rate for the constant rate test will be determined based on analysis of the step- drawdown test data. Terracon will provide on -site aquifer test data collection services for the completion of the required constant rate pumping tests at the project site. Terracon will provide all water level meters and data logging pressure transducers necessary to collect water level data during the tests. Also, a pressure transducer dedicated to monitor barometric pressure fluctuations during the entire aquifer performance testing period will be deployed at the project site. Terracon will also provide all pumping equipment, flow meters, and discharge piping necessary complete the pumping tests. ■ Constant Rate Test: A constant pumping rate will be estimated for the 48-hour constant rate test. The constant rate test will involve pumping the 4-inch test well at the selected discharge rate for 48-hours and monitoring recovery of water levels once the pumping period has ended. Facilities I Environmental I Geotechnical I Materials Page 281 of 817 Proposal for Geotechnical Engineering Services Old Mill Road Lift Station Phase 4 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255018 rerracon Static water levels in the pumping well will be monitored for a minimum of 24 hours prior to starting the pumping test, using an In -situ LevelTroll 700 data logging pressure transducer (or equivalent) set to collect data every minute for 24 hours prior to the start of the pumping test. Also, a pressure transducer dedicated to monitor barometric pressure changes during the entire aquifer performance testing period will be deployed at the project site. Depth to water measurements will be collected manually and with a pressure transducer within the pumping well at the intervals listed in the table below. Time Since Beginning of Pumping 0 minutes to 2 minutes 2 minutes to 5 minutes 0 minutes to 15 minutes 15 minutes to 50 minutes 60 minutes to 120 minutes 120 minutes to 24 hours 24 hours to 48 hours Measurement Interval 10 seconds 30 seconds 1 minute 5 minutes 10 minutes 30 minutes 60 minutes In addition to the time and drawdown (depth to water level) measurements, the instantaneous discharge rate and the flow meter totalizer reading will be recorded every 10 minutes for the first hour of pumping, then discharge measurements will follow the depth to water measurement time intervals. Any additional factors affecting the quality of the well testing data will be recorded, including but not limited to, precipitation events, changes in barometric pressure, mechanical breakdown, etc. Depth to water measurements will be collected manually and with a pressure transducer within each observation well using the intervals listed in the table above. When the pumping portion of the test is stopped, the rate of water level recovery in the pumping well will be measured at the shortest possible interval. The manual measurements will be collected as fast as possible for the first 15 minutes of the recovery and then will follow the measurement intervals for the drawdown interval as previously discussed. Recovery measurements will continue until the rate of water level rise is less than 1/10 foot per hour. Water generated during well testing will be routed a discharge point away from the test area and managed in accordance with an approved disposal Facilities I Environmental I Geotechnical I Materials Page 282 of 817 Proposal for Geotechnical Engineering Services Old Mill Road Lift Station Phase 4 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255018 Terracon plan. For the purposes of this proposal, it is assumed that the water produced during the test can be disposed of into surface run-off. Bedrock Elevation Mapping— General Seismic: Terracon will use a seismic system consisting of a seismograph and linear series of 24 geophones to derive subsurface seismic velocity information. ■ P-wave Refraction Survey: The refraction method is used to generate subsurface compressive wave velocities along the seismic array. An energy source, consisting of a hand -operated sledgehammer and metal plate, produces seismic waves along the seismic array. For each line, a single 2D profile is generated with compressive (p) wave velocities and corresponding depth. Rippability information can also be provided if requested and rock type is known. The refraction method is limited to results demonstrating increasing velocity with depth and is unable to resolve slower velocities below a higher velocity zone. ■ Multi -channel analysis of surface waves (MASW): The MASW is a seismic method that is used to generate subsurface shear wave velocities along a seismic array. An energy source, consisting of a hand -operated sledgehammer and metal plate, produces seismic waves along the seismic array. The MASW method can be used to produce both a 1-D shear wave velocity profile to aid in Site Class determination and a 2-D subsurface profile to aid in subsurface characterization. The MASW method is not limited by increasing velocity with depth and is capable of modeling relative changes in velocity. Shear wave velocities correlate with material stiffness and shear modulus. Report outputs would consist of 2D interpretations of the models based on the seismic velocity and the ground truth data available. A seismic velocity will be determined for the top of bedrock based on available boring data, and bedrock will be approximated from each model with the inclusion of boring data to produce a bedrock elevation profile. We anticipate extending five to six lines using a combination of the above -described methods. A seismic site classification could also be provided from the collected data Property Disturbance: Terracon will take reasonable efforts to reduce damage to the property. However, it should be understood that in the normal course of our work some disturbance could occur including rutting of the ground surface and damage to vegetation, landscaping and/or crops. We will backfill borings with auger cuttings and/or bentonite chips upon completion and a downhole plug will be installed near the ground surface of the borings performed in grass. Borings performed in pavements will be capped with cold -mix asphalt and/or ready -mixed concrete, as appropriate. Our services do not include repair of the site beyond backfilling our boreholes and patching existing pavements. Excess auger cuttings Facilities I Environmental I Geotechnical I Materials Page 283 of 817 Proposal for Geotechnical Engineering Services Old Mill Road Lift Station Phase 4 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255018 Terracon will be dispersed in the general vicinity of each borehole. Because backfill material often settles below the surface after a period, we recommend boreholes be periodically checked and backfilled, if necessary. We can provide this service or grout the boreholes for additional fees at your request. Site Access: Terracon must be granted access to each exploration site by the property owner. Terracon will correspond with the City, as required, to allow for the notification of property owners and to proceed with access routes and timeframes that have been agreed upon. Our proposed fees include time to correspond with the City, but do not include time to negotiate and coordinate access with landowners or tenants. Terracon will conduct field services during normal business hours (Monday through Friday between 7:00am and 5:00pm). If our exploration must take place over a weekend or at night, please contact us so we can adjust our schedule and fee. Safety Terracon is not aware of environmental concerns at this project site that would create health or safety hazards associated with our exploration program; thus, our Scope considers standard OSHA Level D Personal Protection Equipment (PPE) appropriate. Our Scope of Services does not include environmental site assessment services, but identification of unusual or unnatural materials observed while drilling will be noted on our logs. Terracon will contact Iowa "One Call" to locate utilities in public easements. This service requires 3 days to clear utilities from the time the request is made. We will consult with the landowner/client regarding potential utilities or other unmarked underground hazards. Based upon the results of this consultation, we will consider the need for alternative subsurface exploration methods as the safety of our field crew is a priority. Private utilities should be marked by the owner/client prior to commencement of field exploration. Terracon will not be responsible for damage to private utilities not disclosed to us. Terracon's Scope of Services does not include private utility locating services. If the landowner/client is unable to accurately locate private utilities, including drainage tiles, and it becomes apparent that the risk of private utilities on/near the site exists, then Terracon will initiate these services by forwarding the additional scope and corresponding fee to our client for approval. The detection of underground utilities is dependent upon the composition and construction of the utility line; some utilities are comprised of non -electrically conductive materials and may not be readily detected. The use of a private utility locate service Facilities I Environmental I Geotechnical I Materials Page 284 of 817 Proposal for Geotechnical Engineering Services Old Mill Road Lift Station Phase 4 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255018 rerracon would not relieve the landowner/client of their responsibilities in identifying private underground utilities. Laboratory Testing The project engineer will review field data and assign laboratory tests to understand the engineering properties of various soil and rock strata. Exact types and number of tests cannot be defined until completion of fieldwork, but we anticipate the following laboratory testing may be performed: ■ Water content ■ Unit dry weight (on thin -wall cohesive soils only) ■ Unconfined compressive strength (on thin -wall cohesive soils only) ■ Atterberg limits (up to 15 samples) ■ Grain size analysis (up to 15 samples) ■ Rock quality designation (RQD) ■ Unconfined compressive strength of rock core samples Our laboratory testing program will include examination of soil samples by an engineer or geologist. Based on the results of our field and laboratory programs, we will describe and classify soil samples in general accordance with the Unified Soil Classification System (USCS). Rock classification will be conducted using locally accepted practices for engineering purposes; petrographic analysis (if performed) may reveal other rock types. Rock core samples typically provide better specimens for classification. Engineering and Project Delivery Geotechnical Engineering Report: The results of our field and laboratory programs will be evaluated, and a geotechnical engineering report will be prepared for the proposed sewer construction. The geotechnical engineering report will be prepared under the supervision of a licensed professional engineer. The geotechnical engineering report for construction of the sewer will provide the following: ■ Boring logs with field and laboratory data ■ Stratification based on visual and tactile soil and rock classification ■ Groundwater levels observed during and after the completion of drilling ■ Site Location and Exploration Plans ■ Subsurface exploration procedures ■ General geology of the project site Facilities I Environmental I Geotechnical I Materials Page 285 of 817 Proposal for Geotechnical Engineering Services Old Mill Road Lift Station Phase 4 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255018 ■ Summary of the subsurface conditions encountered ■ Earthwork recommendations including site/subgrade preparation ■ Lateral earth pressure recommendations ■ Discussion regarding the feasibility of the trenchless installations ■ Geotechnical parameters for the applicable layers, including: • Unit weight • Angle of internal friction or cohesion • Rankine at -rest earth pressure coefficient rerracon ■ General design and construction considerations for the trenchless installations ■ General dewatering considerations ■ Geotechnical discussion regarding pre -construction surveys and construction monitoring ■ General earthwork recommendations for pit construction and backfilling, including: • Anticipated subgrade conditions and construction considerations • Suitable on -site and imported fill material types • Fill placement and compaction requirements • General grading and drainage recommendations • General earthwork considerations ■ Analysis of aquifer performance testing data ■ Summary of groundwater flow model results with estimates of distance from the excavation the groundwater table will be lowered and estimated quantities of groundwater (flow rate) that will have to be handled by a temporary dewatering system ■ Geomorphological interpretation of samples (provided by Mr. Michael Kolb, an independent consultant) Your project will also be delivered using Compass. Upon initiation, we provide you and your design team the necessary link to access the website. Each project includes a calendar to track the schedule, an interactive site map, a listing of team members, access to the project documents as they are uploaded to the site, and a collaboration portal. We welcome the opportunity to have project kickoff conversations with the team to discuss key elements of the project and demonstrate features of Compass. The typical delivery process includes the following: ■ Project Planning - Proposal information, schedule and anticipated exploration plan ■ Site Characterization - Findings of the site exploration and laboratory results ■ Subcontracted Geomorphology Report ■ Geotechnical Engineering Report Facilities I Environmental I Geotechnical I Materials Page 286 of 817 Proposal for Geotechnical Engineering Services Old Mill Road Lift Station Phase 4 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255018 rerracon When services are complete, we upload a printable version of our completed geotechnical engineering report. Previous submittals, collaboration, and the report are maintained in our system. This allows future reference and integration into subsequent aspects of our services as the project goes through final design and construction. Additional Services In addition to the services noted above, the following are often associated with geotechnical engineering services. Fees for services noted above do not include the following: Perform Environmental Assessments: Our Scope for this project does not include, either specifically or by implication, an environmental assessment of the site intended to identify or quantify potential site contaminants. If the client/owner is concerned about the potential for such conditions, an environmental site assessment should be conducted. We can provide a proposal for an environmental assessment, if desired. Facilities I Environmental I Geotechnical I Materials Page 287 of 817 Proposal for Geotechnical Engineering Services Old Mill Road Lift Station Phase 4 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255018 rerracon Exhibit C - Compensation and Project Schedule Compensation Based upon our understanding of the site, the project as summarized in Exhibit A, and our planned Scope of Services outlined in Exhibit B, our estimated fee is $141,400. If conditions are encountered that require revisions to our scope of services and/or result in higher fees, the City will be contacted and presented with a supplemental proposal/change order stating the modified scope of services and fees. Our scope of services does not include services associated with site clearing, wet ground conditions or tree or shrub clearing. If such services are desired by the City, we should be notified so we can adjust our scope of services. Unless instructed otherwise, we will submit our invoice(s) to the address shown at the beginning of this proposal. If conditions are encountered that require Scope of Services revisions and/or result in higher fees, we will contact you for approval, prior to initiating services. A supplemental proposal stating the modified Scope of Services as well as its effect on our fee will be prepared. We will not proceed without your authorization. Project Schedule We developed a schedule to complete the Scope of Services based upon our existing availability and understanding of your project schedule. However, our schedule does not account for delays in field exploration beyond our control, such as weather conditions, permitting, delays resulting from utility clearance or lack of permission to access the boring locations. In the event the schedule provided is inconsistent with your needs, please contact us so we may consider alternatives. Delivery on Compass Schedule', 2 Kickoff Call with Client At least 2 days prior to commencing field program Field Program Drill date will be coordinated with the City 12 days of fieldwork anticipated Site Characterization 15 days after completion of field program Geotechnical Engineering 25 days after completion of field program 1. Upon receipt of your notice to proceed, we will activate the schedule component on Compass with anticipated dates for the delivery points noted above, as well as other pertinent events. Facilities I Environmental I Geotechnical I Materials Page 288 of 817 Proposal for Geotechnical Engineering Services Old Mill Road Lift Station Phase 4 1 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255018 rerracon 2. Standard workdays. We will maintain an activities calendar within on Compass. The schedule will be updated to maintain a current awareness of our plans for delivery. Facilities I Environmental I Geotechnical I Materials Page 289 of 817 Geotechnical Engineering Services Old Mill Road Phase 41 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255018 ,a Terracon BUDGET ESTIMATE SUBSURFACE EXPLORATION & GEOTECHNICAL ENGINEERING REPORT Proposed Old Mill Report Phase 4 Dubuque, Iowa Terracon Proposal No. P33255018 DESCRIPTION FIELD SERVICES Mobilization of equipment and personnel - All -Terrain Drill Rig and Crew Mobilization of equipment and personnel - Geoprobe Rig and Crew Track -mounted Drill Rig - Daily Usage Geoprobe Rig - Daily Usage Support Vehicle Per Diem (two -person crew) Geo Probe Sampling CPT Dissipation Testing Auger Probe Drilling, No Sampling Auger Drilling and Soil Sampling (0-20 ft.) Auger Drilling and Soil Sampling (20-40 ft.) Rock Coring Setup Rock Coring (0-40 ft) Field Geophysical Testing (MASW) Pump Dewatering Testing (One test) Field Supervisor (Iowa One Call, Work Plan, and Coordination) QUANTITY I UNIT UNIT PRICE 11 9 Geo probes to 30' or refusal,6 Geo probes to 35' or refusal, 9 Borings to 30' or AR, 6 Borings to 40' or AR, and Geophysical Testing 1 each $2,500.00 $2,500.00 1 each $3,900.00 $3,900.00 7 day $1,000.00 $7,000.00 3 day $1,000.00 $3,000.00 10 day $150.00 $1,500.00 10 day $400.00 $4,000.00 480 foot $19.00 $9,120.00 0 each $250.00 $0.00 0 foot $9.00 $0.00 300 foot $19.00 $5,700.00 210 foot $20.75 $4,357.50 7 each $150.00 $1,050.00 70 foot $54.75 $3,832.50 1 L.S. $19,250.00 $19,250.00 1 L.S. $16,000.00 $16,000.00 24 hour $145.00 $3,480.00 Subtotal $84,690.00 ESTIMATED FIELD SERVICES SUBTOTAL $ 84,700.00 LABORATORY SERVICES Boring Logs Stratification 18 hour $145.00 $2,610.00 Visual Engineering Classification 125 each $6.50 $812.50 Moisture Content Determination 125 each $10.00 $1,250.00 Dry Density Determination 30 each $25.00 $750.00 Unconfined Compression Test - Soil 30 each $20.00 $600.00 Hand Penetrometer Test 75 each $0.00 $0.00 Atterberg Limits (3-point method) 15 each $156.00 $2,340.00 Percent Finer than #200 sieve 0 each $75.00 $0.00 Sieve Analysis washed over #200 sieve 0 each $95.00 $0.00 Combined Sieve Analysis & Hydrometer 15 each $185.00 $2,775.00 Chemical Analyses (suite of analytical tests)** 0 each $350.00 $0.00 Rock Core Density and Unconfined Compressive Strength 4 each $225.00 $900.00 **pH, Red-Ox, soluble sulfates, sulfides, chlorides, total salts, & Miller box resistivity Subtotal $12,037.50 ESTIMATED LABORATORY SERVICES SUBTOTAL $ 12,050.00 Page 1 of 2 Page 290 of 817 Geotechnical Engineering Services Old Mill Road Phase 41 Dubuque, Iowa September 11, 2025 1 Terracon Proposal No. P33255018 rr Terracon BUDGET ESTIMATE SUBSURFACE EXPLORATION & GEOTECHNICAL ENGINEERING REPORT Proposed Old Mill Report Phase 4 Dubuque, Iowa Terracon Proposal No. P33255018 DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL GEOTECHNICAL ENGINEERING SERVICES Senior Consultant Senior Principal (Pump Testing Analysis, Modeling, and Reporting) Principal Senior Project Manager / Engineer, P.E. Geoarchaeological Assessment Environmental Geomorphological Reviewer (Review of Subcontractor Report) Staff Engineer Project Geologist Draftsperson/CAD Operator Clerical/Administrative Staff ESTIMATED GOETECHNICAL ENGINEERING SERVICES SUBTOTAL ESTIMATED TOTAL FOR SCOPE OF SERVICES Project Direction, Coordination, Geotechnical Engineering Evaluations, and Report Preparation and Submittal 10 hour $235.00 $2,350.00 40 hour $230.00 $9,200.00 30 hour $225.00 $6,750.00 82 hour $175.00 $14,350.00 1 L.S. $7,600.00 $7,600.00 4 hour $145.00 $580.00 18 hour $135.00 $2,430.00 4 hour $115.00 $460.00 0 hour $70.00 $0.00 10 hour $95.00 $950.00 Subtotal $44,670.00 $ 44,650.00 $ 141,400.00 Page 2 of 2 Page 291 of 817 9 In 00 O = m O fu N N 3 mm }� o is a� U zCL ° O ++ o a = o : V) ^ fa i L fa a c a} o � a y 1F1 (n N O N C J 0 ov !7: s -o a x o Ln W 05. - 8A i 0 0 m al Page 292 of 817 Dubuque THE COF 19• WriaG� D2UB E I101' 2007.2012.2013 Masterpiece on the Mississippi 2017*2019 City of Dubuque Fire Department 11 W. 9th Street, Dubuque (address) Dubuque, IA 52001 Phone # 563-589-4160 CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT THIS VENDOR SERVICE AGREEMENT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and endor) at LBC Framing and Electrical (Vendor Name) 9415 Lara Drive, Peosta, IA 52068 (Vendor Address - City and State) PROJECT TITLE: Various electrical & framing work at 6 fire stations (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and eaui Various electrical & framina work at 6 fire stations nt and to perform all labor necessary for: The work described above shall be completed at the following location(s): Fire Headquarters (11 W. 9th St), Station 2 (2180 JFK Rd), Station 3 (3155 Central Ave.), Station 4 (1697 University Ave), Station 5 (689 S. Grandview), Station 6 (1500 Rhomberg) The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa Page 1 of 20 Page 294 of 817 and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE — Please include one applicable Insurance Schedule: o Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) o Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box 0 Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors ❑ Insurance Schedule G — Vendors ❑ Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor 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 Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement 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. 6. The Vendor shall fully complete the Project under this Contract on or before June 30, 2026 (date) Page 2 of 20 Page 295 of 817 7. Indemnification; Liability for City Damage A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the 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 (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. B. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 8. Prior to the commencement of any work on this Project and at all times during the performance of this Contract, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule as indicated above and attached hereto. 9. The Vendor agrees that no work under this Contract shall commence until the City has authorized said work in writing. Any work started by the Vendor prior the City authorization shall be considered unauthorized and done at the sole risk to the Vendor. 10. Vendor will comply with all federal, state, and local laws and regulations in the performance of this Contract. 11. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice delivered to the Vendor. 12. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be the Iowa District Court for Dubuque County. Page 3 of 20 Page 296 of 817 l The City agrees to pay the Vondor for thto work actually performed under this Contract, up to the amount stated below, less any agreed darnages provided for In the Contract Documents, CONTRACT ACT AMOUNT $ UP to $10-000.00 CITY OF DUBUQUE, IOWA VENDOR: By: k�' 10/07/2025 LHC frAftq A Moormal I pha l . WNligen Uata Company Name City Manager Signature _ Dato I` OL A nkr. Printed Marne Title - Pagn4 of 2D Page 297 of 817 EXHIBIT A TERMS AND CONDITIONS The following Terms and Conditions apply to City of Dubuque Transactions: 1. The City of Dubuque is exempt from federal excise tax and Iowa sales tax. 2. The City of Dubuque will not be responsible for payment for any goods delivered without a purchase order. 3. The vendor will send a separate invoice for each purchase order number. All invoices, packages, shipping notices, or the like affecting the order shall contain the applicable purchase order number. The vendor is to submit original invoice to the address shown in the SHIP TO section on the front of this order. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized. 5. It is understood by the vendor that the cash discount period to the City of Dubuque will date from the receipt of the invoice or from the date of the receipt of the goods, whichever is later. 6. The risk of loss of and damage to the goods which are the subject of this order, regardless of the F.O.B. point, is and will remain with the vendor until the goods are delivered to the destination set out in the order and accepted by the City of Dubuque or the authorized City of Dubuque representative. 7. In the event of the vendor's failure to deliver as and when specified, or to perform as and when specified, the City of Dubuque reserves the right to cancel this order, or any part thereof, without prejudice to its other rights, and the vendor agrees that the City of Dubuque may return part or all of any shipment so made and may charge the vendor with any loss expense sustained as a result of such failure to deliver or to perform. 8. In the event any article, service, or process sold, delivered and/or performed hereunder is covered by any patent, copyright, or application for either, the vendor will indemnify and save harmless the City of Dubuque from any and all loss, cost, or expenses on account of any and all claims, suits, or judgments on account of the use or sale of such article or the use of such service or process in violation of such patent, copyright or application for either. 9. In the event any article, service, or process sold and delivered or sold and performed hereunder is defective in any respect whatsoever, the vendor will indemnify and save harmless the City of Dubuque from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to person or property that may happen or occur in connection with the use or sale of such article, or process and are contributed to by said defective condition. Page 5 of 20 Page 298 of 817 10. The vendor agrees not to release any advertising copy mentioning the City of Dubuque or quoting the opinion of any City of Dubuque employee without the prior written authorization from the City of Dubuque. 11. The vendor represents and warrants that no federal or state statute or regulation, or local municipal ordinance has been or will be violated in the manufacturing, sale and delivery hereunder. If such violation has or does occur, the vendor will indemnify and save harmless the City of Dubuque from all loss, penalties, or payment of all sums of money on account of such violation. 12. The City of Dubuque may at any time insist upon strict compliance with these terms and conditions notwithstanding any previous custom, practice, or course of dealing to the contrary. 13. The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of the vendor's proposal, and are not subject to change by reason of any written or verbal statements by the vendor or by any terms stated in the vendor's acknowledgement unless same be accepted in writing by the City of Dubuque. 14. Current Safety Data Sheets (SDS), when applicable to the order, must be provided by the vendor in accordance with all regulations. Page 6 of 20 Page 299 of 817 EXHIBIT B C 1,qs- A - Class B: Class C: INSURANCE SCHEDULE F Asbestos Removal Fiber Optics Sanitary Sewers Asphalt Paving Fire Protection Sheet Metal Concrete Fireproofing Site Utilities Construction Managers General Contractors Shoring Cranes HVAC Special construction Culverts Mechanical Steel Decking Paving & Surfacing Storm sewers Demolition Piles & Caissons Structural Steel Deconstruction Plumbing Trails Earthwork Retaining Walls Tunneling Electrical Reinforcement Water main Elevators Roofing Chemical Spraying Landscaping Rough Carpentry Doors, Window & Masonry Stump Grinding Glazing Vehicular Snow Removal Tank Coating Drywall Systems Painting & Wall Covering Tree Removal Fertilizer Application Pest Control Tree Trimming Geotech Boring Scaffolding Tuckpointing Insulation Sidewalks Waterproofing Finish Carpentry Plastering Well Drilling Carpet Cleaning Carpet & Resilient Flooring Caulking & Sealants Acoustical Ceiling Filter Cleaning General Cleaning Grass Cutting Janitorial Non Vehicular Snow & Ice Removal Office Furnishings Power Washing Tile & Terrazzo Flooring Window Washing Page 7 of 20 Page 300 of 817 INSURANCE SCHEDULE F (continued) Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project # Project name: Various electrical & framing work or Project Location at 6 Fire Stations or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate required shall be furnished to the Fire 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 shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 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. 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 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 written mutual agreement attached hereto. Page 8 of 20 Page 301 of 817 INSURANCE SCHEDULE F (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01 or business owners form BP 00 02 shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project(s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees, agents, 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. 8) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. 9) Contractor and subcontractor shall not use any drone without the prior written approval of the City of Dubuque. Any drone usage must comply with above liability limits and the additional insured endorsement must name the City of Dubuque with respect to aircraft 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 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 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 Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 9 of 20 Page 302 of 817 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 Employer's Liability 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 but not limited to 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 X No Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos, or PCBs. 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, agents, 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. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. 7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability -Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the Owner's property. F) RAILROAD PROTECTIVE LIABILITY Coverage required: Yes X No Page 10 of 20 Page 303 of 817 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) AND 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 11 of 20 Page 304 of 817 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 12 of 20 Page 305 of 817 Dubuque THE CITY ❑F bcftd DUB E �"Q" 200-2012.2013 2017*2019 Masterpiece on the Mississippi City of Dubuque Police Department 770 Iowa St. (address) Dubuque, IA 52001 Phone # 563-589-4410 CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT THIS VENDOR SERVICE AGREEMENT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and endor) at Resilient Mind Psychology, LLC (Vendor Name) 988 W 3rd St Ste 203, Dubuque, IA 52001 (Vendor Address - City and State) PROJECT TITLE: Psychological Services provided to City of Dubuque Police Department Psychological assessment, resilience, and supportive services (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: Psychological services provided to officers of the Dubuque Police Department See attached fee schedule for a description of individual services The work described above shall be completed at the following location(s): Resilient Mind Psychology, LLC or Dubuque Law Enforcement Center The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa Page 1 of 20 Page 306 of 817 and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE — Please include one applicable Insurance Schedule: o Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) o Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box ❑ Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors ❑ Insurance Schedule G — Vendors 0 Insurance Schedule J — Professional Services • Other: Please see attached fee schedule 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor 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 Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement 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. 6. The Vendor shall fully complete the Project under this Contract on or before N/A (date) Page 2 of 20 Page 307 of 817 7. Indemnification; Liability for City Damage A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the 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 (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. B. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 8. Prior to the commencement of any work on this Project and at all times during the performance of this Contract, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule as indicated above and attached hereto. 9. The Vendor agrees that no work under this Contract shall commence until the City has authorized said work in writing. Any work started by the Vendor prior the City authorization shall be considered unauthorized and done at the sole risk to the Vendor. 10. Vendor will comply with all federal, state, and local laws and regulations in the performance of this Contract. 11. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice delivered to the Vendor. 12. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be the Iowa District Court for Dubuque County. Page 3 of 20 Page 308 of 817 THE CITY AGREES: The City agrees to pay the Vendor for the work actually performed under this Contract, up to the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT $ Fee Schedule Attached CITY OF DUBUQUE, IOWA By: 12?l Michael C. Van Mllligen City Manager 10/07/2025 Date VENDOR: Resilient Mind Psychology, LLC Company Name By: Nicole H. KeedyDig tlly signed Datlea 202510,03Y091cole 2357- 5e00'Y Signature Nicole H. Keedy Printed Name Psychologist and Owner Title Date Page 4 of 20 Page 309 of 817 EXHIBIT A TERMS AND CONDITIONS The following Terms and Conditions apply to City of Dubuque Transactions: 1. The City of Dubuque is exempt from federal excise tax and Iowa sales tax. 2. The City of Dubuque will not be responsible for payment for any goods delivered without a purchase order. 3. The vendor will send a separate invoice for each purchase order number. All invoices, packages, shipping notices, or the like affecting the order shall contain the applicable purchase order number. The vendor is to submit original invoice to the address shown in the SHIP TO section on the front of this order. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized. 5. It is understood by the vendor that the cash discount period to the City of Dubuque will date from the receipt of the invoice or from the date of the receipt of the goods, whichever is later. 6. The risk of loss of and damage to the goods which are the subject of this order, regardless of the F.O.B. point, is and will remain with the vendor until the goods are delivered to the destination set out in the order and accepted by the City of Dubuque or the authorized City of Dubuque representative. 7. In the event of the vendor's failure to deliver as and when specified, or to perform as and when specified, the City of Dubuque reserves the right to cancel this order, or any part thereof, without prejudice to its other rights, and the vendor agrees that the City of Dubuque may return part or all of any shipment so made and may charge the vendor with any loss expense sustained as a result of such failure to deliver or to perform. 8. In the event any article, service, or process sold, delivered and/or performed hereunder is covered by any patent, copyright, or application for either, the vendor will indemnify and save harmless the City of Dubuque from any and all loss, cost, or expenses on account of any and all claims, suits, or judgments on account of the use or sale of such article or the use of such service or process in violation of such patent, copyright or application for either. 9. In the event any article, service, or process sold and delivered or sold and performed hereunder is defective in any respect whatsoever, the vendor will indemnify and save harmless the City of Dubuque from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to person or property that may happen or occur in connection with the use or sale of such article, or process and are contributed to by said defective condition. Page 5 of 20 Page 310 of 817 10. The vendor agrees not to release any advertising copy mentioning the City of Dubuque or quoting the opinion of any City of Dubuque employee without the prior written authorization from the City of Dubuque. 11. The vendor represents and warrants that no federal or state statute or regulation, or local municipal ordinance has been or will be violated in the manufacturing, sale and delivery hereunder. If such violation has or does occur, the vendor will indemnify and save harmless the City of Dubuque from all loss, penalties, or payment of all sums of money on account of such violation. 12. The City of Dubuque may at any time insist upon strict compliance with these terms and conditions notwithstanding any previous custom, practice, or course of dealing to the contrary. 13. The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of the vendor's proposal, and are not subject to change by reason of any written or verbal statements by the vendor or by any terms stated in the vendor's acknowledgement unless same be accepted in writing by the City of Dubuque. 14. Current Safety Data Sheets (SDS), when applicable to the order, must be provided by the vendor in accordance with all regulations. Page 6 of 20 Page 311 of 817 EXHIBIT B C'kgs- A - Class B: Class C: INSURANCE SCHEDULE F Asbestos Removal Fiber Optics Sanitary Sewers Asphalt Paving Fire Protection Sheet Metal Concrete Fireproofing Site Utilities Construction Managers General Contractors Shoring Cranes HVAC Special construction Culverts Mechanical Steel Decking Paving & Surfacing Storm sewers Demolition Piles & Caissons Structural Steel Deconstruction Plumbing Trails Earthwork Retaining Walls Tunneling Electrical Reinforcement Water main Elevators Roofing Chemical Spraying Landscaping Rough Carpentry Doors, Window & Masonry Stump Grinding Glazing Vehicular Snow Removal Tank Coating Drywall Systems Painting & Wall Covering Tree Removal Fertilizer Application Pest Control Tree Trimming Geotech Boring Scaffolding Tuckpointing Insulation Sidewalks Waterproofing Finish Carpentry Plastering Well Drilling Carpet Cleaning Carpet & Resilient Flooring Caulking & Sealants Acoustical Ceiling Filter Cleaning General Cleaning Grass Cutting Janitorial Non Vehicular Snow & Ice Removal Office Furnishings Power Washing Tile & Terrazzo Flooring Window Washing Page 7 of 20 Page 312 of 817 INSURANCE SCHEDULE F (continued) Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project # Project name: or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate required shall be furnished to the 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 shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 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. 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 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 written mutual agreement attached hereto. Page 8 of 20 Page 313 of 817 INSURANCE SCHEDULE F (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01 or business owners form BP 00 02 shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project(s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees, agents, 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. 8) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. 9) Contractor and subcontractor shall not use any drone without the prior written approval of the City of Dubuque. Any drone usage must comply with above liability limits and the additional insured endorsement must name the City of Dubuque with respect to aircraft 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 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 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 Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 9 of 20 Page 314 of 817 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 Employer's Liability 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 but not limited to 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. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, 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. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. 7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability -Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the Owner's property. F) RAILROAD PROTECTIVE LIABILITY Coverage required: Yes No Page 10 of 20 Page 315 of 817 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) AND 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 11 of 20 Page 316 of 817 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 12 of 20 Page 317 of 817 EXHIBIT C INSURANCE SCHEDULE G Vendor shall furnish a signed certificate of insurance to the City of Dubuque, 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. Vendor Service Agreement dated 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. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 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 City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 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 City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. 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 agreement, subject to written mutual agreement attached hereto. Page 13 of 20 Page 318 of 817 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 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. 6) Policy shall include Waiver of Right to Recover from Others endorsement. 7) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. 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 Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 14 of 20 Page 319 of 817 INSURANCE SCHEDULE G (continued) C) D) E) F) 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 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(competed operations). 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. 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. CYBER LIABILITY/BREACH $1,000,000 Coverage required: _ Yes _ No Coverage for First and Third Party breach liability including but not limited to lost data and restoration, loss of income and cyber breach of information. UMBRELLA/EXCESS Coverage required: Yes No $1,000,000 The General Liability, Automobile Liability and Employer's Liability 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 but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. Page 15 of 20 Page 320 of 817 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 16 of 20 Page 321 of 817 EXHIBIT D INSURANCE SCHEDULE J Resilient Mind Psychology shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Project # or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide coverage required by 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 agreement. 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub-subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. 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 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 agreement, subject to written mutual agreement attached hereto. Page 17 of 20 Page 322 of 817 INSURANCE SCHEDULE J (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 endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 4) 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 26. 5) Policy shall include Waiver of Right to Recover from Others endorsement. 6) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. B) 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. 2) Policy shall include Waiver of Right to Recover from Others endorsement. C) 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 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 Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 18 of 20 Page 323 of 817 D) UMBRELLA/EXCESS LIABILITY $1,000,000 The General Liability, Automobile Liability and Employer's Liability 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 but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. E) PROFESSIONAL LIABILITY $2,000,000 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. F) CYBER LIABILITY/BREACH $1,000,000 Yes No Coverage for First and Third Party breach liability including but not limited to lost data and restoration, loss of income and cyber breach of information. Page 19 of 20 Page 324 of 817 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 20 of 20 Page 325 of 817 A wholly owned subsidiary of The Trust Trust Risk Management Services, Inc. (TAMS) ■ 1791 Paysphere Circle, Chicago, IL 60674 ■ Phone (877) 637-9700 ■ FAX (877) 251-5111 August 11, 2025 Dr. Nicole H Keedy 988 W 3Rd St Ste 203 Dubuque, IA 52001 6666 RE: Your Trust Sponsored Professional Liability Insurance Policy # 58G74974156 Dear Dr. Nicole H Keedy : Congratulations, welcome, and thank you for choosing the Trust Sponsored Professional Liability Program Enclosed is your Trust Sponsored Professional Liability Insurance Policy, which includes a Memorandum of Insurance. We urge you to read your policy and notify us if any changes are necessary. At the first notice of claim, lawsuit, or incident, please contact our Customer Service Center immediately at 1.877.637.9700. We will assist you by obtaining the necessary information which will help us get your claims process started. Our claims staff is dedicated to listening, understanding, and taking action to route your claim to the appropriate insurance experts working on your behalf. This initial policy packet includes all forms and endorsements related to your Trust Sponsored Professional Liability Insurance Policy. Please keep this packet in a safe place and use it as your point of reference for your insurance coverage for this policy term. In an effort to conserve resources and "go green" in future renewals, we will no longer be sending you a copy of your insurance policy form. You will be able to request your insurance policy form by accessing your account at the Online Service Center at www.trustinsurance.com or by contacting our Customer Service Center. Be sure to verify your Online Service Center account at www.trustinsurance.com. Your account is available 24 hours a day, 7 days a week, with anytime access to your Trust Sponsored Professional Liability Insurance Policy. You can also request additional Memorandums of Insurance, view all of your account transactions, submit requests for changes to your policy, update your personal information, and (if eligible) renew your policy. For your convenience, we have provided your user name at the bottom of this letter. If you wish to change any of these credentials you may do so by logging into the Online Service Center and clicking on Customer Service. Should you have any questions regarding this correspondence, or for additional information regarding other insurance programs of The Trust, please be sure to contact us at 1.877.637.9700. Our professional staff is available to assist you Monday -Friday 8:30am-6:00pm (est) or visit our website at www.trustinsurance.com. You may also email us your questions at info@trustrms.com. Sincerely, / ) /,/,/ John W. Davison, Ph.D., MBA, CEO Trust Risk Management Services, Inc. Licensed Producer - Sheila LeBeau, CA #OF77147, FL #P099941. Principal Place of Business - Maryland. Insurance provided by ACE American Insurance Company, Philadelphia, PA and its U.S.-based Chubb underwriting company affiliates. Program Administered by Trust Risk Management Services, Inc. OSC User Name: nicole.keedy@resilientminddbq.com 815 NB (2011) Page 326 of 817 CHUBBe ACE American Insurance Company PRODUCER NUMBER 273865 Psychologists' Professional Liability Claims Made Insurance Policy Declarations DATE OF ISSUE August 11, 2025 PSYCHOLOGISTS' PROFESSIONAL LIABILITY CLAIMS MADE INSURANCE POLICY NOTICE: THIS IS A CLAIMS MADE POLICY, PLEASE READ THE POLICY CAREFULLY THIS POLICY/CERTIFICATE IS ISSUED IN ASSOCIATION WITH THE PSYCHOLOGISTS PURCHASING GROUP ASSOCIATION Item POLICY/CERTIFICATE NUMBER: 58G74974156 Named Insured: Dr. Nicole H Keedy 1. Address: 988 W 3Rd St Ste 203 City, State & Zip Code: Dubuque, IA 52001 6666 2 Policy Period: From: 08/15/2025 To: 08/15/2026 12:01 A.M. local time at the address shown in Item 1. 3 COVERAGE LIMITS OF LIABILITY PREMIUM Professional Liability $1,000,000 Each Incident $3,000,000 Aggregate Wrongful Employment $5,000 Aggregate $98.00 Practices REIMBURSEMENTS Licensing Board Defense $35.00 $25,000 per Proceeding Other Governmental Regulatory $7,500 per Proceeding Body Defense Deposition Expense $5,000 per Insured Premises Medical Payment $2,500 per Person $75,000 Aggregate Assault and/or Battery $1,000 Aggregate Loss of Earnings $500 per Day, per Insured $15,000 Aggregate Per Incident Surcharge(s) Total Premium $133.00 4. Retroactive Date 08/15/2025 5. This policy is made and accepted subject to the printed conditions in this policy together with the provisions, stipulations and agreements contained in the following form(s) or endorsement(s). PF15215a, PF15217a, CC-1K11k (10/24), PF15245a, PF15224a, PF19637, PF18347a, PF17914 (02/05), 6 Notice of claim should be sent to: All other correspondence should be sent to: Trust Risk Management Services, Inc. Trust Risk Management Services, Inc. 111 Rockville Pike Ste 700 1791 Paysphere Circle Rockville MD 20850 Chicago, IL 60674 7. REPRESENTATIVE: Agent or broker: Trust Risk Management Services, Inc. Office address: 1791 Paysphere Circle City, State, Zip Chicago, IL 60674 Website: www.trustinsurance.com Phone: 1.877.637.970 0 PF-15215a (04/07) © 2007 The Trust Page 327 of 817 CHUBB° NOTICE Psychologists' Professional Liability Policy (Claims Made) THIS POLICY PROVIDES CLAIMS MADE COVERAGE. THE POLICY IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED AND REPORTED TO THE COMPANY DURING THE POLICY PERIOD UNLESS, AND TO THE EXTENT, ANY EXTENDED REPORTING PERIOD APPLIES. PLEASE REVIEW THE POLICY CAREFULLY. THIS POLICY IS INCOMPLETE WITHOUT THE DECLARATIONS ATTACHED. The Company agrees with the Named Insured, in consideration of the payment of the premium, and in reliance upon the statements in the Application and subject to the Declarations, Limit of Liability, Exclusions, Conditions and other terms of the policy, as follows: I. INSURING AGREEMENT The Company will pay on behalf of the Insured all sums that the Insured shall become legally obligated to pay as Damages for Claims first made against the Insured and reported to the Company during the Policy Period or any Extended Reporting Period, for an Incident. Any such Incident must occur on or after the Retroactive Date and prior to the end of the Policy Period. II. DEFENSE AND SETTLEMENT The Company shall have the right and duty to defend any Claim against the Insured seeking Damages for an Incident, even if any of the allegations of the Claim are groundless, false or fraudulent. The Company shall not be obligated to pay any Damages or Claims Expenses or continue to defend any Claim after the applicable limit of the Company's liability has been exhausted by payment of Damages. The Company, at its option, shall select and assign defense counsel; however, an Insured may engage additional counsel, solely at the Insured's expense, to associate in the defense of any Claim covered hereunder. Claims Expenses incurred by the Company shall be paid in addition to the applicable Limit of Liability. The Company shall also have the right to investigate any Claim and/or negotiate the settlement thereof, as it deems expedient, but the Company shall not commit an Insured to any settlement without the Named Insured's written consent. If the Named Insured refuses to consent to any settlement recommended in writing by the Company that is acceptable to the claimant and the Named Insured elects to contest the Claim or continue any legal proceedings in connection with such Claim, then the Company shall be relieved of any further duty to defend the Claim, and the liability of the Company for Damages and Claims Expenses shall not exceed the amount for which the Claim could have been settled as well as the Claims Expenses incurred by the Company or with the Company's consent up to the date of such refusal. The Insured shall not assume any obligations, incur any costs, charges, or expenses or enter into any settlement without the Company's written consent. III. PERSONS INSURED Each of the following is an Insured under this policy to the extent set forth below: A. if the Named Insured is an individual or entity, the Named Insured so designated in the Declarations; B. if the Named Insured is an entity, any current partner, owner, officer, director, trustee or stockholder thereof; C. if the Named Insured is an entity, any former partner, owner, officer, director, trustee or stockholder thereof, for psychological or other associated professional services provided while a partner, owner, officer, director, trustee or stockholder of the Named Insured; PF-15217a (05/07) Psychologists' Professional Liability Policy © 2007 The Trust Page 1 of 14 Page 328 of 817 D. if the Named Insured is an entity, any former partner, owner, officer, director, trustee or stockholder thereof, for Claims made after he or she was a partner, owner, officer, director, trustee or stockholder of the Named Insured, alleging, based upon or arising from his or her vicarious liability associated with the Named Insured; E. any current or former employee of the Named Insured, but only while such employee was acting on behalf of the Named Insured and within the scope of the employee's duties as such or for acts performed by such employee as a Good Samaritan during such employee's term of employment with the Named Insured or, with the consent of the Named Insured, as an unpaid volunteer during the employee's term of employment with the Named Insured; F. any person or entity listed as an Additional Insured on a Psychologists' Professional Liability claims made policy issued to the Named Insured: (i) that was purchased through the Psychologists Purchasing Group Association and (ii) to which this policy is a renewal or a replacement, but only for Incidents that occurred while the Additional Insured Endorsement listing such person or entity was in effect and solely for Incidents that are covered under this policy resulting from the sole negligence of another Insured; G. any person or entity that leases premises to the Named Insured, but only with respect to liability imposed on such person or entity solely as a result of the Named Insured's operation or management of the premises used in the Named Insured's practice as a psychologist or Practitioner; H. any volunteer, but solely while such person was acting within the scope of the volunteer's duties for, and on behalf of, the Named Insured; or I. any entity name that the Named Insured previously operated under, but ceased to utilize prior to this Policy Period provided that more than 50% of the Insureds continue their affiliation with the Named Insured. IV. LIMIT OF LIABILITY Regardless of the number of Insureds under this policy, Claims made or suits brought, or the number of persons or entities making Claims or bringing suits, the Company's liability is limited as follows: A. Subject to the Aggregate Limit of Liability set forth in the Declarations, the maximum liability of the Company for any one Incident shall be the Each Incident Limit of Liability set forth in the Declarations. All Claims arising from the same or related Incident shall be considered a single Claim and shall be subject to the same Each Incident Limit of Liability set forth in the Declarations. B. The Aggregate Limit of Liability set forth in the Declarations is the maximum the Company will pay for all Claims covered by the policy. The Aggregate Limit of Liability set forth in the Declarations will apply separately to each Insured who is: 1. a psychologist or a Practitioner who is either the Named Insured or who provides psychological or other associated professional services on behalf of the Named Insured or 2. an entity designated as the Named Insured on the Declarations for all Incidents caused by such Insured or for which such Insured is legally liable. No Insured shall have more than one Aggregate Limit of Liability. Any Insureds not included in Section IV. LIMIT OF LIABILITY, B., 1. and 2., shall share the Aggregate Limit of Liability with the Named Insured set forth in the Declarations. If more than one entity is designated as a Named Insured, all entities shall share one Aggregate Limit of Liability. C. Upon the exhaustion of the applicable Aggregate Limit of Liability for each Insured by payment of Damages, the Company's duty to defend or to make any payments pursuant to Section II. DEFENSE AND SETTLEMENT, for such Insured shall be completely fulfilled and extinguished. D. Neither the Automatic Extended Reporting Period nor the purchase of any Extended Reporting Period Option shall increase the Limit of Liability set forth in the Declarations. E. When prejudgment interest is payable under this policy it shall be in addition to the Limits of Liability. V. SUPPLEMENTARY PAYMENTS The Company will pay, in addition to the applicable Limit of Liability, the following: A. Loss of Earnings: PF-15217a (05/07) Psychologists' Professional Liability Policy © 2007 The Trust Page 2 of 14 Page 329 of 817 up to the Loss of Earnings Reimbursement Limit set forth in the Declarations for loss of earnings to each individual Insured for each day or part of a day that such Insured, at the Company's request, attends a trial, hearing or arbitration proceeding involving a civil suit against such Insured for covered Damages; provided however, the amount so payable for any one or series of trials, hearings or arbitration proceedings arising out of the same Incident shall in no event exceed the Loss of Earnings Aggregate Per Incident Reimbursement Limit set forth in the Declarations. B. Governmental Regulatory Body Defense: 1. Licensing Board Defense Reimbursement: up to the Licensing Board Defense Reimbursement Limit set forth in the Declarations per Insured for attorney fees, expenses or fees incurred by the Insured for the investigation or defense of a proceeding before a licensing board that regulates the practice of psychology or other associated professional services. The notice of investigation or proceeding must be: a. received by the Insured during the Policy Period and reported to the Company or its authorized agent during the Policy Period or within sixty (60) days thereafter or b. received by the Insured and reported to the Company or its authorized agent during any Extended Reporting Period of this policy for occurrences that were alleged to have occurred on or after the Retroactive Date and prior to the end of the Policy Period. Such notices must be reported to the Company or its authorized agent within ninety (90) days of receipt. All investigations or proceedings arising out of the same or related investigation or proceeding by any licensing board shall be considered as having been first made at the time the notice of investigation or proceeding is first received by the Insured and the amount so payable shall not exceed the Licensing Board Defense Reimbursement Limit set forth in the Declarations. There is no coverage provided for a licensing board's investigatory fees or costs. Fees or expenses incurred as a result of medical or psychological treatment rendered to the Insured are not covered. 2. Other Governmental Regulatory Body Defense Reimbursement: up to the Other Governmental Regulatory Body Defense Reimbursement Limit set forth in the Declarations per Insured for attorney fees, expenses or fees incurred by the Insured for the investigation or defense of a proceeding before the United States Department of Health and Human Services (HHS), its designee or any state, for either alleged HIPAA Privacy Rule violations or Medicare and Medicaid payment investigations. The notice of investigation or proceeding must be: a. received by the Insured during the Policy Period and reported to the Company or its authorized agent during the Policy Period or within sixty (60) days thereafter or b. received by the Insured and reported to the Company or its authorized agent during any Extended Reporting Period of this policy for violations that were alleged to have occurred on or after the Retroactive Date and prior to the end of the Policy Period. Such notices must be reported to the Company or its authorized agent within ninety (90) days of receipt. All investigations or proceedings arising out of the same or related investigation or proceeding by HHS, or its designee, or any state, shall be considered as having been first made at the time the notice of investigation or proceeding is first received by the Insured and the amount so payable shall not exceed the Other Governmental Body Defense Reimbursement Limit set forth in the Declarations. There is no coverage provided for HHS, its designee or any state's investigatory fees or costs. Fees or expenses incurred as a result of medical or psychological treatment rendered to the Insured are not covered. Notice to the Company of an investigation or proceeding under Section V. SUPPLEMENTARY PAYMENTS, B. Governmental Regulatory Body Defense, is not notice of a Claim. If a Claim should arise out of any Incident that is the subject of such investigation or proceeding, notice of such Claim must be given in accordance with Section VIII. CONDITIONS, C. Duties of the Insured in the Event of a Claim or Incident. C. Premises Medical Payments: 1. up to the per Person Premises Medical Payments Reimbursement Limit set forth in the Declarations for each person who sustains Bodily Injury caused by an accident; however, subject to the per Person Premises Medical Payments Reimbursement Limit, the Company's total limit of liability under this provision for all persons who sustain Bodily Injury during the Policy Period is the Aggregate Premises Medical Payments Reimbursement Limit set forth in the Declarations. PF-15217a (05/07) Psychologists' Professional Liability Policy © 2007 The Trust Page 3 of 14 Page 330 of 817 2. The Company will pay, regardless of fault, to or for each person other than the Insured, who sustains Bodily Injury caused by an accident that occurred during the Policy Period. This will include reasonable expenses of necessary medical, surgical, ambulance, hospital, professional nursing and funeral services, all incurred within four years from the date of the accident: a. while on the premises owned by or rented to the Insured or b. while elsewhere if such Bodily Injury: i. arises out of the premises owned by or rented to the Insured or a condition in the ways immediately adjoining; ii. is caused by the activities of the Insured; or iii. is caused by the activities of an employee while engaged in the employment of the Insured. 3. This supplementary payment provision shall not apply to Claims brought against the Insured arising out of, in whole or part, the conduct of any trade, business, employment, profession or occupation outside of the Insured's practice as a psychologist or Practitioner. D. Assault and/or Battery Coverage: 1. Up to the Assault and/or Battery Limit set forth in the Declarations per Policy Period for: a. Medical expenses incurred as a result of Bodily Injury to an Insured if such Bodily Injury is caused by an Assault and/or Battery by or at the direction of another person who is not an Insured under the policy and b. Property Damage to personal property owned by an Insured if such Property Damage is caused by an Assault and/or Battery by or at the direction of another person who is not an Insured under the policy. 2. Such Assault and/orBattery must happen on the Insured's work premises, including the ways immediately adjoining such premises, or while the Insured is away from such premises while providing psychological or other associated professional services. 3. Such Assault and/orBattery must occur during the Policy Period. 4. The Assault and/or Battery coverage does not apply to Property Damage to any mode of transportation used by the Insured to go to and from the Insured's work premises. 5. The Assault and/or Battery coverage does not apply to damage to any business or personal property owned, leased or rented by any other person or business enterprise while in the Insured's possession. 6. The Assault and/or Battery coverage applies as excess over any other available insurance covering such loss. E. Wrongful Employment Practices: up to the Wrongful Employment Practices Limit set forth in the Declarations for Claims Expenses and all sums that the Insured shall become legally obligated to pay as Damages for Wrongful Employment Practices Claims first made against the Insured and reported to the Company during the Policy Period arising out of any Wrongful Employment Practice by an Insured, provided the Wrongful Employment Practice took place on or after the effective date of the first policy containing Wrongful Employment Practices coverage that was issued through the Psychologists Purchasing Group Association to such Insured and to which this policy is a renewal or a replacement but prior to the end of the Policy Period. All Wrongful Employment Practice Claims shall be deemed as being first made when the Insured first receives written notice that a Wrongful Employment Practice Claim has been made. All Wrongful Employment Practice Claims arising out of the same or related Wrongful Employment Practice shall be considered as having been made at the time the first such Wrongful Employment Practice Claim is made. In addition to those exclusions in Section VI. EXCLUSIONS, this Supplementary Payment provision does not apply to Wrongful Employment Practice Claims: 1. based on or arising out of any obligations for which any Insured or any carrier acting as the insurer may be liable under any workers' compensation, unemployment compensation, disability or pension benefits law, or any similar laws, including but not limited to, the Employee Retirement Income Security Act of 1974, The Fair Labor Standards Act, the National Labor Relations Act of 1938 or Labor Management PF-15217a (05/07) Psychologists' Professional Liability Policy © 2007 The Trust Page 4 of 14 Page 331 of 817 Relations Act, the Worker Adjustment and Retraining Notification Act (Public Law 100-37991968), the Consolidated Omnibus Budget Reconciliation Act of 1985, or the Occupational Safety and Health Act. This exclusion also applies to any rules or regulations promulgated under any of the foregoing and amendments thereto or any similar provisions of any federal, state or local law, and to that part of any Damages awarded for the cost or replacement of any insurance benefits due or alleged to be due to any current or former employee, the Family and Medical Leave Act, Public Law 103-3 (1993), and any amendments thereof; 2. based upon or arising from the breach of any express contract of employment for any express obligation to make payments in the event of termination of employment; 3. based upon or arising out of an obligation to pay Damages by reason of the assumption of liability in any contract or agreement. This exclusion does not apply to liability for Damages that the Insured would have in absence of the contract or agreement; 4. based upon or arising out of costs of complying with physical modifications to the Insured's premises or any changes to the Insured's usual business operations as mandated by the Americans with Disabilities Act of 1990 including any amendment thereto or rule or regulation promulgated thereto, or any similar federal, state or local law. 5. based upon or arising from any improper payroll deductions, or any claims for unpaid wages or overtime pay for hours actually worked or labor actually performed by any employee of the Insured, that results in any violation of any federal, state, local or foreign statutory law or any similar common law, and any rules, regulations and amendments thereto. F. Deposition Expense: up to the Deposition Expense Reimbursement Limit set forth in the Declarations per Insured for reasonable expenses the Insured incurs for fees charged by an attorney representing the Insured for a deposition provided: 1. the Insured receives a subpoena requesting documents or testimony for psychological or other associated professional services during the Policy Period; 2. the deposition is not for or related to a Claim against the Insured; and 3. the Insured has not been retained at any time to provide advice or testimony in any legal matter related to this deposition. VI. EXCLUSIONS This insurance does not apply: A. to Claims arising out of services performed by any Insured in his or her capacity as a physician, nurse practitioner, physician's assistant or surgeon's assistant; however, this exclusion is limited to services provided by such physician(s), nurse practitioner(s), physician's assistant(s) or surgeon's assistant(s) and this exclusion does not extend to the Insured who is charged with or found responsible for the acts of the physician(s), nurse practitioner(s), physician's assistant(s) or surgeon's assistant(s); B. to Claims brought against the Insured in his or her capacity as a proprietor, owner, partner, manager, superintendent or officer of any hospital, sanitarium, medical clinic, health maintenance organization, managed care facility or any other facility not specified in the Declarations or any endorsements thereto; C. to Bodily Injury: 1. to any employee of the Insured arising out of and in the course of his or her employment by the Insured or in performing duties in the conduct of the Insured's business or 2. to the spouse, domestic partner, child, parent or sibling of such employee as a consequence of paragraph 1. above. This exclusion shall apply: 1. whether the Insured shall be liable as an employer or in his or her capacity as the operator or manager of the premises used in the Named Insured's practice for psychological or other associated professional services or 2. to any obligation of the Insured to indemnify another because of Damages arising out of such injury; PF-15217a (05/07) Psychologists' Professional Liability Policy © 2007 The Trust Page 5 of 14 Page 332 of 817 provided however, this exclusion shall not apply to Bodily Injury otherwise covered under Section V. SUPPLEMENTARY PAYMENTS, D. Assault and/or Battery Coverage; D. to any obligation of the Insured or any insurer under any worker's compensation, unemployment compensation, disability benefits law or under any similar law; E. to any fraudulent, criminal, malicious or materially dishonest acts or materially dishonest omissions of the Insured or with the Insured's consent. However, this exclusion will not apply to (i) any Claim alleging malicious prosecution and (ii) any Insured who did not participate in or acquiesce to any such act or omission; F. to Bodily Injury or Property Damage based on or arising out of the practice of the Insured's professional occupation unless the Insured is properly licensed, exempted or certified by the laws of the state(s) in which the Insured practices, or is otherwise qualified to practice the Insured's professional occupation in the absence of such laws; G. to acts, errors or omissions by any Insured expected or intended to cause Physical Injury or Property Damage, regardless of whether or not such act or omission was intended to cause the specific Physical Injury or Property Damage sustained. This exclusion shall not apply to any intentional act by or at the direction of the Insured, that results in Physical Injury or Property Damage, if such Physical Injury or Property Damage arises solely from the use of reasonable force or other measures for the purpose of protecting persons or property; H. to any Claims against any Insured alleging, in whole or in part: 1. sexual assault, sexual abuse or sexual molestation or 2. licentious, immoral, amoral or other behavior that threatened, led to or culminated in any sexual act; whether committed intentionally, negligently, inadvertently or with the belief, erroneous or otherwise, that the other party is consenting and has the legal and mental capacity to consent thereto, that was committed, or alleged to have been committed, by the Insured or by any other person for whom the Insured is legally responsible. This exclusion applies regardless of the legal theory or basis upon which the Insured is alleged to be legally liable or responsible, in whole or in part, for any Damages arising out of such actual or alleged behavior including, but not limited to, assertions of improper or negligent hiring, employment or supervision, failure to protect the other party, failure to prevent the sexual misconduct, failure to prevent Assault and/or Battery or failure to discharge the employee. However, notwithstanding this exclusion, the Insured shall be entitled to a defense as provided under the terms of the policy as to any Claim upon which suit is brought for any such alleged behavior unless a judgment or final adjudication adverse to any Insured, or an admission by any Insured accused of such behavior, shall establish that such behavior caused, in whole or part, the injury claimed in such suit. The Company shall not be required to appeal a judgment or final adjudication adverse to the Insured. If however, the Insured elects to appeal such judgment or final adjudication, and the judgment or final adjudication results in a reversal on the issue of liability, the Company shall reimburse the Insured for all reasonable Claims Expenses incurred in the appeals process; I. to Personal Injury or Advertising Injury arising out of: 1. the willful violation of a penal statute or ordinance committed by or with the knowledge or consent of the Insured; 2. the publication or utterance of a libel or slander, or a publication or utterance in violation of an individual's right of privacy by or on behalf of the Insured if the first injurious publication or utterance of the same or similar material was made before the Retroactive Date of this policy; or 3. libel or slander or the publication or utterance of defamatory or disparaging material made by or at the direction of the Insured with knowledge of the falsity thereof concerning any person or organization or goods, products or services, or in violation of an individual's right of privacy; J. to Advertising Injury arising out of: 1. the failure to perform the terms and conditions of a contract; however, this exclusion does not apply to the alleged breach of an implied contract caused by an alleged unauthorized appropriation of ideas; 2. infringement of a trademark, a service mark or a trade name, other than a title or slogan, by use thereof on or in connection with goods, products or services sold, offered for sale or advertised; PF-15217a (05/07) Psychologists' Professional Liability Policy © 2007 The Trust Page 6 of 14 Page 333 of 817 3. a knowingly incorrect description in the advertised price of goods, products or services sold that are offered for sale or advertised; or 4. any act committed by the Insured with actual malice; K. to any Claim brought by, or on behalf of, any Insured against any other Insured under this policy; provided however, this exclusion shall not apply to any Claim based upon or arising out of psychological or other associated professional services rendered by one Insured to another Insured or any Claim based upon or arising out of any obligation of one Insured to supervise another Insured in the provision of psychological or other associated professional services; L. to Damages arising out of infringement of copyright or plagiarism; M. to any Claim, action, judgment, liability, settlement, loss, defense, cost or expense in any way arising out of actual, alleged or threatened pollution, contamination or any environmental impairment resulting from seepage, discharge, dispersal, release or escape of any solid, liquid, gaseous or radioactive matter including, but not limited to, smoke, vapors, soots, fumes, acids, alkalis, chemicals or toxic matter; or waste material (including materials to be recycled, reconditioned or reclaimed); or oil or other petroleum substances or derivatives (including any oil refuse or oil mixed with waste), or thermal or vibratory effect including, but not limited to, heat or cold, into or upon land, the atmosphere or any water, course of body of water, underground water or water table supplies, whether such results directly, indirectly or in concurrence or in any sequence from the Insured's activities or the activities of others and whether or not such is sudden, gradual, accidental, intended, foreseeable, expected, fortuitous or inevitable and wherever or however such occurs. However, this exclusion shall not apply to Bodily Injury or Property Damage caused by heat, smoke or fumes from a Hostile Fire unless such fire involves: 1. materials that are or were at any time used for the handling, storage, disposal, processing or treatment of waste or 2. any premises, site, or location: a. that is or was at any time used for handling, storage, disposal, processing or treatment of waste or b. on which any Insured or contractor or subcontractor working directly or indirectly on any Insured's behalf are performing operations to test for, monitor, cleanup, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; N. to liability assumed by the Insured under any contract or agreement, except to the extent the Insured would be liable in the absence of such contract or agreement; O. to any Claim based upon or arising out of restraint of trade, price fixing or violation of any anti-trust law; P. to any Claims brought by or on behalf of any person employed by the Insured, any person who had been employed by the Insured or any person seeking employment with the Insured alleging any act, error or omission by an Insured with respect to the hiring, termination, compensation, or the tenure, term, condition, benefits or privilege of employment of any such person except as provided under Section V. SUPPLEMENTARY PAYMENTS, E. Wrongful Employment Practices or Section VII. DEFINITIONS, Incident, E.; Q. to Claims based upon or arising out of the valuation of assets or investment planning; and R. to: 1. Claims, Wrongful Employment Practices Claims or Incidents that were reported to any prior insurer; 2. unreported Claims or Wrongful Employment Practices Claims that any Insured had received notice prior to the effective date of the first policy with the Company; 3. Incidents or Wrongful Employment Practices that the Insured knew could result in a Claim prior to the effective date of the first policy issued by the Company to the Named Insured, and were not disclosed to the Company. However, Section VI. EXCLUSIONS, R., 2. and 3. will not apply to any Insured who did not have knowledge of such Incident or resulting Claim prior to the first policy issued by the Company to the Named Insured. VII. DEFINITIONS The boldface words or terms in this policy or any endorsement thereto are defined as provided in this section: PF-15217a (05/07) Psychologists' Professional Liability Policy © 2007 The Trust Page 7 of 14 Page 334 of 817 "Advertising Injury" means injury arising out of an offense committed in the course of the Insured's advertising activities if such injury arises out of libel, slander, defamation, violation of right of privacy, piracy, unfair competition, or infringement of copyright, title, trade dress or slogan or use of another's advertising idea. "Application" means all applications, including any attachments thereto, and all other information and materials submitted by or on behalf of the Insureds to the Company or its authorized agent in connection with the underwriting of this policy or any policy of which this policy is a direct or indirect renewal or replacement. All such applications, attachments, information and materials are deemed attached to and incorporated in this policy. "Assault" means any willful attempt or threat to inflict injury upon another natural person, coupled with an apparent present ability to do so, that causes that person to have a reasonable apprehension of imminent Bodily Injury or offensive physical contact. "Battery" means intentional and wrongful physical contact with a natural person without his or her consent that causes Bodily Injury or offensive physical contact. "Bodily Injury" means any injury sustained by any person including, but not limited to: A. Physical Injury, sickness, disease, mental anguish or emotional distress, including death at any time resulting there from; B. psychological injury, pain or suffering, harm or impairment, including death at any time resulting there from; and C. loss of consortium or impairment of domestic or personal relations. Bodily Injury shall not include any injury, damage or loss defined as Personal Injury, Advertising Injury or Property Damage. "Claim" means a demand for money, or the filing of suit or institution of arbitration proceedings, naming the Insured. "Claims Expenses" means: A. fees charged by an attorney(s) and/or independent adjustor(s) designated by the Company and all other fees, costs and expenses resulting from the investigation, adjustment, defense and appeal of a Claim that arises in connection therewith, if incurred by the Company or by the Insured with written consent of the Company; B. all costs taxed against the Insured in such Claims and all interest on the entire amount of any judgment therein that accrues after entry of the judgment and before the Company has paid, tendered or deposited, whether in court or otherwise, the part of the judgment that does not exceed the limit of the Company's liability, thereon; and C. premiums on appeal bonds and premiums on bonds to release attachments in such Claims; however, the Company shall have no obligation to apply for or furnish any such bond and Claims Expenses shall not include premiums for bond amounts in excess of the applicable Limit of Liability of this policy. "Company" means the insurance company providing this insurance. "Damages" means compensatory judgments, settlements or awards but does not include punitive or exemplary damages, fines or penalties, the return of fees or other consideration paid to the Insured, or the portion of any award or judgment caused by the multiplication of actual damages under federal or state law. However, if a suit is brought against the Insured with respect to a Claim for alleged acts, errors or omissions falling within the scope of coverage afforded by this insurance seeking both compensatory and punitive or exemplary damages, then the Company will afford a defense to such action, without liability however, for payment of such punitive or exemplary damages. "Extended Reporting Period" means the period of the extension of coverage described in Section VIII. CONDITIONS, N. Automatic Extended Reporting Period, Section VIII. CONDITIONS, O. Extended Reporting Period Option, if exercised, or any other Extended Reporting Period endorsement to this policy issued by the Company. "Hostile Fire" means one that becomes uncontrollable or breaks out from where it was intended to be. "Incident" means: A. any act, error or omission in the rendering of or failure to render psychological or other associated professional services by the Insured, or by any person for whom the Insured is legally responsible; or PF-15217a (05/07) Psychologists' Professional Liability Policy © 2007 The Trust Page 8 of 14 Page 335 of 817 B. any act, error or omission of the Insured as a psychologist or a Practitioner performing services as a member of a formal accreditation, ethics, peer review, licensing board, standards review or similar professional board or committee of a hospital, health facility, educational institution, professional organization, health maintenance organization or health plan; or C. an accident including continuous or repeated exposure to substantially the same general harmful conditions in the operation or management of the premises used in the Insured's practice for psychological or other associated professional services that results in Bodily Injury or Property Damage; or D. an offense in the course of the Insured's advertising activities for psychological or other associated professional services that results in an Advertising Injury; or E. if the Insured is a psychologist or Practitioner who provides services to any private or public organization, agency, college or university as a researcher, consultant, teacher, faculty member (including department, program or division chair), librarian, administrator, colleague or member of an instructional staff, then any act, error or omission in providing the following services: 1. original or contracted research including psychological research on animals or humans; 2. the design, development or evaluation of psychological tests or testing and/or assessment procedures; 3. the dismissal, suspension, discipline or layoff of a faculty member prior to the expiration of a term appointment; 4. the non -reappointment of a probationary faculty member; 5. the decisions relating to the salary, other compensation, promotion, rank, leaves of absence, work assignment, resignation or other rights, duties and responsibilities of fellow faculty, researchers or staff employees; 6. the enforcing of school standards, teaching, grading, evaluating, advising or supervising students; or 7. the authorship of research, journal articles or other educational material; or F. an offense that results in Personal Injury from the practice of a psychologist or Practitioner. "Insured" means any person or entity qualifying as an Insured in Section III. PERSONS INSURED. "Named Insured" means the person or entity named in Item 1. of the Declarations of this policy. Named Insured also shall include any entity other than a joint venture that is acquired or formed by the Named Insured after the effective date of this policy and over which the Named Insured maintains ownership or majority interest. This coverage will: A. not apply if the newly acquired or formed entity knew of a Claim or Incident that might be expected to be the basis of such Claim prior to the date they were acquired or formed by the Named Insured; B. not apply if the newly acquired or formed entity is insured under any other similar liability or indemnity policy for an Incident, even if such limits of liability have been exhausted; or C. terminate in 90 days from the date that such entity is acquired or formed by the Named Insured or the end of the Policy Period whichever is earlier, unless written notice is provided to the Company or its authorized representative and such entity is added to the policy by endorsement. "Personal Injury" means any injury arising out of: A. false arrest, detention, confinement or imprisonment, malicious prosecution, or abuse of process; B. the publication or utterance of a libel or slander or of other defamatory or disparaging materials, or a publication or utterance in violation of an individual's right of privacy; or C. wrongful entry or eviction, or other invasion of the right of private occupancy. "Physical Injury" means bodily harm or hurt, but shall not include: A. mental anguish; B. emotional distress; or C. psychological injury, pain or suffering, harm or impairment, including death at any time resulting there from. "Policy Period" means the period from the inception date of this policy to the policy expiration date as set forth in Item 2. of the Declarations or its earlier termination date, if any. PF-15217a (05/07) Psychologists' Professional Liability Policy © 2007 The Trust Page 9 of 14 Page 336 of 817 "Practitioner" means an individual who is a psychologist practicing in any of its branches, an allied mental health professional, student, intern, resident, volunteer, assistant, parent coordinator, mediator, consultant, or coach who provides psychological or other associated professional services while in his or her capacity as an Insured. "Primary Named Insured" is the psychologist whose name is signed on the Application and qualifies as an Insured under Section III. PERSONS INSURED, A. or B. Each policy shall have a Primary Named Insured. If the Primary Named Insured dies or is adjudged incompetent then the Named Insured or when appropriate the Named Insured's legal representative shall designate a person to act as the Primary Named Insured. "Property Damage" means: A. physical injury to or destruction of tangible property including the loss of use thereof at any time resulting there from. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; B. loss of use of tangible property that has not been physically injured or destroyed. All such loss of use shall be deemed to occur at the time of the Incident that caused it; or C. other loss, whether or not resulting from physical injury or damage to person or property. "Retroactive Date" means the date listed in Item 4. of the declarations. "Wrongful Employment Practice" means: A. wrongful refusal to employ a qualified applicant for employment; B. wrongful failure to promote a qualified employee; C. wrongful demotion, negligent evaluation, negligent reassignment or wrongful discipline; D. wrongful termination of employment, including retaliatory or constructive discharge; E. harassment, coercion, discrimination or humiliation as a consequence of race, color, creed, national origin, disability, marital status, medical condition, gender, age, physical appearance, physical and/or mental impairments, pregnancy, sexual orientation or sexual preference; F. oral or written publication of material that slanders, defames or libels an employee or violates or invades an employee's right of privacy; or G. any practice that violates a state or federal employment discrimination statute. "Wrongful Employment Practice Claim" means a demand for money or services, or the filing of suit or institution of arbitration proceedings or alternative dispute resolution naming an Insured and alleging a Wrongful Employment Practice. Wrongful Employment Practice Claim does not include proceedings seeking injunctive or other non -pecuniary relief. Vill. CONDITIONS A. Territory: The insurance afforded by this policy applies to Claims that are first made and reported to the Company during the Policy Period for Incidents that occur anywhere in the world, provided such Claim is made or brought within the United States of America, its territories or possessions, or Canada. B. When a Claim is to be Considered as First Made: A Claim shall be considered as being first made at the earlier of the following times: 1. when the Insured first receives written notice that a Claim has been made or 2. when the Company or its authorized agent first receives written notice from the Insured of specific circumstances involving a particular person or entity that may result in a Claim. All Claims arising out of the same or related Incident shall be considered as having been made at the time the first such Claim is made, and shall be subject to the same Limit of Liability. C. Duties of the Insured in the Event of a Claim or Incident: Upon the Insured becoming aware of any Incident that could reasonably be expected to be the basis of a Claim covered hereby, written notice shall be given by the Insured to the Company or its authorized agent together with the fullest information obtainable. If a Claim is made against the Insured, the Insured shall immediately forward to the Company or its authorized agent every demand, notice, summons or other process received by the Insured or the Insured's representative. A Claim shall be considered as reported during the Policy Period provided it is reported to the Company or its authorized agent within sixty (60) days of the expiration date of the Policy Period. PF-15217a (05/07) Psychologists' Professional Liability Policy © 2007 The Trust Page 10 of 14 Page 337 of 817 D. Assistance and Cooperation of the Insured in the Event of a Claim: The Insured shall cooperate with the Company and, upon the Company's request, assist in affecting settlements, in the defense of any Claim and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the Insured because of Damages with respect to which this insurance applies. The Insured shall attend depositions, hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses in the defense of any Claim covered by this policy. The Company shall reimburse the Insured for reasonable expenses incurred at the Company's request. The Insured shall not, except at the Insured's own cost, voluntarily make any payments, assume any obligation or incur any expense. E. Assignment: The interest of any Insured is not assignable. If any Insured shall die or be adjudged incompetent, this insurance shall cover the Insured's legal representative as the Insured while acting on the Insured's behalf. F. Legal Action Against the Company: A person or organization may bring a suit against the Company, including but not limited to, a suit to recover on an Agreed Settlement or on a final judgment against an Insured, but the Company will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limit of Liability. An Agreed Settlement means a settlement and release of liability signed by the Company, the Insured and the claimant or the claimant's legal representative. However, no action by an Insured shall lie against the Company unless there has been full compliance with all of the terms of this policy. G. Other Insurance: If there is other valid insurance (whether primary, excess, contingent or self-insurance) that may apply against any Damages or Claims Expenses including any coverage for Section V. SUPPLEMENTARY PAYMENTS, B. Governmental Regulatory Body Defense and E. Wrongful Employment Practices, covered by this policy, the insurance provided hereunder shall be deemed excess insurance over and above the applicable limit of all other insurance or self-insurance. When this insurance is excess, the Company shall have no duty under this policy to defend any Claim that any other insurer or self -insurer has a duty to defend. If such other insurer or self -insurer refuses to defend such Claim, the Company shall defend the Insured and be entitled to the Insured's rights against all such other insurers or self -insurers for any defense costs incurred by the Company. H. Subrogation: In the event of any payment by the Company under this policy, the Company shall be subrogated to all the Insured's rights of recovery against any person, organization, or entity. The Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing to prejudice the position of the Company or its potential or actual rights of recovery after any Incident or Claim. I. Changes: The terms of this policy shall not be waived or changed, except by endorsement issued to form part of this policy. J. Bankruptcy or Insolvency of the Insured: Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve the Company of any of its obligations hereunder or deprive the Company of its rights or defenses hereunder. K. Cancellation: 1. Cancellation by the Primary Named Insured This insurance may be cancelled by the Primary Named Insured at any time by prior written notice to the Company or its authorized agent. The Company or its authorized agent shall refund the paid premium less the earned portion thereof within thirty (30) days of the latter of the effective date of cancellation or the date of delivery of the notice of intent to cancel, subject always to the retention by the Company of any minimum premium stipulated herein (or proportion thereof previously agreed upon). The earned portion of the premium shall be computed on the customary short -rate basis unless any state law or regulation of the state shown in the mailing address of the Named Insured set forth in the Declarations requires that return premium be computed on a pro-rata basis even in the event of cancellation by the Primary Named Insured. 2. Cancellation by the Company for Non -Payment of Premium This insurance may be cancelled by the Company for non-payment of premium by sending written notice to the Named Insured at least thirty (30) days prior to the date of such cancellation. PF-15217a (05/07) Psychologists' Professional Liability Policy © 2007 The Trust Page 11 of 14 Page 338 of 817 3. Cancellation by the Company Other Than for Non -Payment of Premium In the case of cancellation due to a reason other than non-payment of premium, the Company may cancel this policy by sending to the Named Insured set forth in the Declarations, by first class, registered or certified mail, at the Named Insured's address last known to the Company or its authorized agent, not less than ninety (90) days written notice, stating the specific reason for such cancellation and when the cancellation shall be effective. Proof of mailing will be sufficient proof of notice. Cancellation by the Company, for other than non-payment of premium, shall only be effective if based on one or more of the following reasons: A. The policy was obtained through a material misrepresentation that was relied on by the Company, and such policy would not have been issued by the Company under the same terms and conditions if correct information had been disclosed; B. Material failure to comply with policy terms, conditions or contractual duties; C. The risk originally accepted has measurably increased; or D. Loss by the Company of reinsurance that provided coverage for all or a substantial part of the risk insured. If the Company cancels the policy then the Company or its authorized agent shall refund the paid premium less the earned portion thereof within ten (10) business days after the effective date of cancellation. Minimum premium shall not apply to the return of unearned premium if cancellation is by the Company. L. Nonrenewal: The Company will renew this policy unless written notice of the Company's intent not to renew, stating the specific reasons for nonrenewal, is mailed to the Named Insured set forth in the Declarations not less than ninety (90) days before the policy expires. Any notice of nonrenewal will be mailed by first class, registered or certified mail to the Named Insured at the last mailing address known to the Company. Proof of mailing will be sufficient proof of notice. M. Renewal Rate Increase or Change in Policy Terms: If at renewal the Company intends to increase the filed rate, change the deductible, reduce the Limit of Liability, or reduce coverage, the Company will mail notice to the Named Insured set forth in the Declarations at least sixty (60) days prior to the effective date of that increase or change. Any notice of renewal premium increase or change in policy terms will be mailed by first class, registered or certified mail to the Named Insured at the last mailing address known to the Company. Proof of mailing will be sufficient proof of notice. N. Automatic Extended Reporting Period: If the policy is canceled or is not renewed, coverage granted by this policy shall continue for sixty (60) days following the effective date of such cancellation or nonrenewal at no additional cost. This automatic sixty (60) day Extended Reporting Period shall only apply to Incidents that occurred on or after the Retroactive Date and prior to the effective date of such cancellation or nonrenewal for Claims made during the Policy Period and reported to the Company within sixty (60) days of the effective date of such cancellation or nonrenewal. The automatic sixty (60) day Extended Reporting Period will not be provided if: 1. the Company cancels for non-payment of premium; 2. this insurance is replaced with the same or similar insurance whether or not the limits or deductible are identical to those provided under this policy; or 3. an Extended Reporting Period is provided under any other conditions of this policy. The Limit of Liability available under this extension shall be part of, and not in addition to, the Limits of Liability available under the policy. O. Extended Reporting Period Option: 1. Cancellation/Nonrenewal/Change in Terms: a. The Named Insured or any Insured who is a psychologist or Practitioner shall have the right to purchase the Extended Reporting Period Option in the case of: i. cancellation or nonrenewal of this policy for any reason other than flat cancellation by the Company effective at policy inception or cancellation for non-payment of premium; PF-15217a (05/07) Psychologists' Professional Liability Policy © 2007 The Trust Page 12 of 14 Page 339 of 817 ii. the Company advancing a Retroactive Date from one previously applied to this policy; iii. the Company reducing coverage or increasing the filed rate; iv. an Insured whose affiliation with the Named Insured has been terminated; or v. the Named Insured does not elect to purchase the Extended Reporting Period endorsement upon termination of the policy. b. The Extended Reporting Period Option shall apply solely to: i. Claims first made against an Insured during such Extended Reporting Period for an Incident that occurred on or after the Retroactive Date and prior to the effective date of such cancellation or nonrenewal and ii. those notices of investigation or proceedings described in Section V. SUPPLEMENTARY PAYMENTS, B. Governmental Regulatory Body Defense, against an Insured, first received during the Extended Reporting Period Option as a result of an occurrence or violation that occurred on or after the Retroactive Date and prior to the effective date of such cancellation or nonrenewal. If the Extended Reporting Period Option is provided to an Insured who is a psychologist or Practitioner but not to the Named Insured, then such Extended Reporting Period Option will apply solely to such Insured and solely to Claims made against such Insured or those notices of investigation or proceedings described in Section V. SUPPLEMENTARY PAYMENTS, B. Governmental Regulatory Body Defense against such Insured. c. Extended Reporting Period Option Premium: i. If the Extended Reporting Period Option is purchased by the Named Insured, then the premium shall be calculated using the full annual premium of this policy. ii. If the Extended Reporting Period Option is purchased by an Insured who is a psychologist or Practitioner but not purchased by the Named Insured, then the premium shall be calculated using the full annual premium for such Insured. The additional premium for such Extended Reporting Period Option is as follows: • 90% of the full annual premium as described in i. or ii. above, to a period of twelve (12) months; • 135% of the full annual premium as described in i. or ii. above, to a period of twenty-four (24) months; • 150% of the full annual premium as described in i. or ii. above, to a period of thirty-six (36) months; or • 175% of the full annual premium as described in i. or ii. above, to an unlimited period. d. The Extended Reporting Period Option shall begin on the effective date of cancellation, nonrenewal or change in terms as described in Section VIII. CONDITIONS, O., 1.Cancellation/Nonrenewal/ Change in Terms, a., ii., iii. and iv. The right to purchase the Extended Reported Period Option shall terminate sixty (60) days after the effective date of such cancellation, nonrenewal or change in terms unless written notice of such election, together with the additional premium, is received by the Company or its authorized agent from the Insured within that sixty (60) day period. Subject to the foregoing, in the event that the Named Insured is an entity and the policy is terminated the premium calculation stated above shall not include a charge for any Insured who qualifies for a free Extended Reporting Period Option under Section VIII. CONDITIONS, O., 2.Retiree Provision or 3. Death or Disability of Insured, provided always that notice is given to the Company or its authorized agent as required below and the other provisions of Section VIII. CONDITIONS, O., 2. Retiree Provision or 3. Death or Disability of Insured, are fully satisfied. 2. Retiree Provision: Notwithstanding Section VIII. CONDITIONS, O., 1. Cancellation/Nonrenewal/Change in Terms, the payment of an additional premium for an unlimited Extended Reporting Period Option will be waived due to the Insured's(s') retirement from active practice provided: a. the Insured is a psychologist or Practitioner; b. written notice of this election is given to the Company within sixty (60) days after termination of this policy; and PF-15217a (05/07) Psychologists' Professional Liability Policy © 2007 The Trust Page 13 of 14 Page 340 of 817 c. all premiums and deductibles due the Company have been paid in full. 3. Death or Disability of Insured: Notwithstanding Section VIII. CONDITIONS, E. Assignment and Section VIII. CONDITIONS, O. Extended Reporting Period Option, 1. Cancellation/Nonrenewal/Change in Terms, the payment of an additional premium for an unlimited Extended Reporting Period Option will be waived due to the Insured's(s') death or disability provided: a. the Insured is, or prior to his or her death or disability was, psychologist or Practitioner; b. the death or disability of the Insured occurs during the Policy Period; c. in the event of disability, the Insured is totally and continuously disabled from the practice of psychology a minimum of six (6) months prior to the election of this option; d. satisfactory written evidence of death or disability is provided to the Company within one (1) year of such death or disability; and e. all premiums and deductibles due the Company have been paid in full. 4. The Limit of Liability available for the Extended Reporting Period Option shall be part of, and not in addition to, the Limits of Liability for the last Policy Period. The Extended Reporting Period Option, if elected, shall not increase or reinstate the Limits of Liability. Such Limits of Liability shall be the maximum Limit of Liability of the Company for the Policy Period, the Automatic Extended Reporting Period, and the Extended Reporting Period Option combined. 5. Once the Extended Reporting Period Option is in effect, it may not be cancelled and the entire premium shall be deemed fully earned. The Company shall not be liable to return to any Insured any portion of the premium for the Extended Reporting Period Option. P. Declarations and Application: By acceptance of this policy, the Primary Named Insured agrees on behalf of the Named Insured that the statements in the Application are the Named Insured's agreements and representations, and that this policy is issued in reliance upon the truth of such representations and that this policy embodies all agreements existing between the Named Insured and the Company or its agent relating to this insurance. Q. Reimbursement: While the Company has no duty to do so, if the Company pays Damages: 1. within the amount of the applicable deductible and/or 2. in excess of the Limit of Liability all Insureds shall be jointly and severally liable to the Company for such amounts. Upon written demand, the Insured shall repay such amounts to the Company within thirty (30) days thereof. R. This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance, including, but not limited to, the payment of Claims. S. Liberalization Clause: If the Company adopts any endorsement or policy that would broaden the coverage under the policy, the broadened coverage will apply solely to (i) Claims made or (ii) notices of investigations, proceedings or hearings described in Section V. SUPPLEMENTARY PAYMENTS that are received, after the Company adopts such revision, if: 1. the filing of the endorsement or policy is made and approved by the Department of Insurance in the state indicated in the Declarations as the address of the Named Insured; 2. the endorsement or policy does not increase the premium; and 3. the Company issues the endorsement or policy in the state indicated in the Declarations as the address of the Named Insured. PF-15217a (05/07) Psychologists' Professional Liability Policy © 2007 The Trust Page 14 of 14 Page 341 of 817 CHUBBe SIGNATURES Named Insured Endorsement Number Dr. Nicole H Keedy Policy Symbol Policy Number Policy Period Effective Date CRL 58G74974156 08/15/2025 to 08/15/2026 08/15/2025 Issued By (Name of Insurance Company) ACE American Insurance Company THE ONLY COMPANY APPLICABLE TO THIS POLICY IS THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS. By signing and delivering the policy to you, we state that it is a valid contract. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA(A stock company) BANKERS STANDARD INSURANCE COMPANY(A stock company) ACE AMERICAN INSURANCE COMPANY(A stock company) ACE PROPERTY AND CASUALTY INSURANCE COMPANY(A stock company) INSURANCE COMPANY OF NORTH AMERICA(A stock company) PACIFIC EMPLOYERS INSURANCE COMPANY(A stock company) ACE FIRE UNDERWRITERS INSURANCE COMPANY(A stock company) WESTCHESTER FIRE INSURANCE COMPANY(A stock company) 436 Walnut Street, P.O. Box 1000, Philadelphia, Pennsylvania 19106-3703 &� /111/ A-- - BRANDON PEENE, Secretary �-'L \J\//, Juan Luis Ortega,President Authorized Representative CC-1 K11 k (10/24) Page 342 of 817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Endorsement Number Dr. Nicole H Keedy Policy Symbol Policy Number Policy Period Effective Date CRL 58G74974156 08/15/2025 to 08/15/2026 08/15/2025 Issued By (Name of Insurance Company) ACE American Insurance Company Retroactive Date(s) Designated Individual(s) or Entity(ies) It is agreed that, in consideration of the premium charged, and solely with respect to the following designated individual(s) or entity(ies), Item 4. of the Declarations, Retroactive Date, is deleted with respect to such designated individual(s) or entity(ies) and replaced with the Retroactive Date for such designated individual(s) or entity(ies) listed in below. Designated Individual(s) or Entity(ies) Retroactive Date(s) Nicole H Keedy 08/15/2025 The premium for this endorsement is included in the premium shown on the Declarations unless a specific amount is shown here: Additional Premium: Return Premium: All other terms and conditions of this policy remain unchanged. Authorized Agent PF-15245a (05/07) © 2007 The Trust Page 1 of 1 Page 343 of 817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Endorsement Number Dr. Nicole H Keedy Policy Symbol Policy Number Policy Period Effective Date CRL 58G74974156 08/15/2025 to 08/15/2026 08/15/2025 Issued By (Name of Insurance Company) ACE American Insurance Company Additional Named Insured(s) It is agreed that: 1. The Named Insured shown in Item 1 of the Declarations of this policy is amended to include the following entity(ies) and if a Retroactive Date is listed opposite any entity(ies') name, the Retroactive Date set forth in the Declarations is deleted with respect to such entity(ies) and replaced with the Retroactive Date listed below: Additional Named Insured(s): Retroactive Date Resilient Mind Psychology, LLC 08/15/2025 2. The following is hereby added to the CONDITIONS section of the policy. • Authorization: By acceptance of this policy the first Named Insured set forth in the Declarations, or in any Named Insured Amended endorsement, agrees to act on behalf of all other Insureds, including any Insured listed on this endorsement, with respect to the giving and receiving of all notices to the Company as may be required by the terms of this policy, any right of cancellation and in the receiving of any return premiums that may become due hereunder. All Insureds agree that the first Named Insured listed in the Declarations or in any Named Insured Amended endorsement, is hereby designated to so act on their behalf. All other terms and conditions of this policy remain unchanged. Authorized Agent PF-15224a (05/07) © 2007 The Trust Page 1 of 1 Page 344 of 817 CHUBBe ACE American Insurance Company Important Notice Important Information for Psychologists Insured in Those Jurisdictions Granting Prescription Privileges Authority to Psychologists. This Notice is for information only and does not become a part of or a condition of the policy This summary neither provides coverage nor replaces any of the provisions of your Policy. Please read the Policy and review the Declaration page for complete information on the coverages you have. If there is any conflict between the provisions of your Policy and this summary, the provisions of your Policy shall prevail. We urge you to review the enclosed Prescription Writing Condition Endorsement in its entirety and refer any questions you may have to Trust Risk Management Services (TRMS) at 877-637-9700. You may also e-mail your questions to info@trustrms.com. The Trust -Sponsored Professional Liability Policy will be amended to address the passage of prescription privileges law for those psychologists who obtain the authority to legally engage in this practice in those jurisdictions. The act of prescribing medication represents an exposure that did not previously exist and must be addressed to ensure equity for all insureds in the Trust -Sponsored Professional Liability Program. A Prescription Writing Condition Endorsement requiring a condition precedent for coverage for Damages caused by an Incident based upon or arising out of your prescribing or your authority to prescribe medication will be attached to your policy. The Prescription Writing Condition Endorsement requires that you either: 1) advise TRMS in writing before submitting an application for prescriptive authority from your state or 2) demonstrate prescription privileges authority in the jurisdiction where you are seeking insurance coverage and provide proof of current insurance coverage for such authority. Additionally, you must advise TRMS in writing upon receipt of such prescription privileges authority. If coverage is granted, you will be required to pay additional premium for this coverage and must agree to any additional terms and conditions required. PF-19637 (02/06) Page 1 of 1 Page 345 of 817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Endorsement Number Dr. Nicole H Keedy Policy Symbol Policy Number Policy Period Effective Date CRL 58G74974156 08/15/2025 to 08/15/2026 08/15/2025 Issued By (Name of Insurance Company) ACE American Insurance Company Prescription Writing Condition It is agreed that Section VIII. Conditions of the policy is amended by adding the following condition: • Prescription Writing: If, during the Policy Period, any Insured is seeking or is granted authority to prescribe medication pursuant to the laws and regulations of a state from a state licensing board or the equivalent thereof, the Insured, as a condition precedent to coverage for Damages caused by any Incident based upon or arising out of the Insured's prescribing or authority to prescribe medication: 1) must either a) advise the Company in writing that he or she is seeking prescription writing authority prior to his or her submission of any application for such authority or b) demonstrate proof of current insurance coverage related to prescription writing authority and demonstrate prescriptive writing authority in the state in which the Insured is seeking insurance coverage; and 2) if the Insured is seeking prescriptive authority, the Insured must advise the Company in writing, upon the receipt of prescriptive authority pursuant to the laws and regulations of the state; and 3) must pay any additional premium required by the Company; and 4) must agree to any additional terms and conditions of this policy as required by the Company. All other terms and conditions of this policy remain unchanged. Authorized Agent PF-18347a (05/07) © 2007 The Trust Page 1 of 1 Page 346 of 817 C H U B B° U.S. Treasury Department's Office Of Foreign Assets Control ("OFAC") Advisory Notice to Policyholders This Policyholder Notice shall not be construed as part of your policy and no coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous: • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site — http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. PF-17914 (2/05) Reprinted, in part, with permission of Page 1 of 1 ISO Properties, Inc. Page 347 of 817 / 1 ® A�o CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DDNYYY) /11/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Trust Risk Management Services, Inc PHONE A/C, No, Ext : 877.637.9700 I FAX A/C, No): 877.251.5111 Trust Risk Management Services, Inc. EMAIL ADDRESS: info@trustrms.com 1791 Paysphere Circle Chicago, IL 60674 INSURERS AFFORDING COVERAGE NAIC # INSURER A: ACE American Insurance Company 22667 INSURED Nicole Keedy INSURER B: INSURERC: 988 W 3Rd St Ste 203 Dubuque,lA 52001 6666 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS MADE ❑ OCCUR DAMAGES ( RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY PRO- JECTLOC PRODUCTS—COMP/OP AGG $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per Person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION PER OTH- $ AND EMPLOYERS LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE N / A STATUTE ER E.L.EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below Psychologist's Professional 58G74974156 08/15/2025 08/15/2026 Each Incident $1,000,000 A Liability Annual $3,000,000 Retroactive Date: 08/15/2025 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required): CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 348 of 817 R, Resilient Mind Psychology, LLC 1 `� 988 W Third Street Suite 203 Dubuque, IA 52001 RESILIENT MIND PSYCHOLOGY Rates for services contracted with City of Dubuque Police Department October 1, 2025 • Pre -employment evaluation $325 o Includes (as relevant) ■ Comprehensive psychological interview ■ Administration and interpretation of MMPI-3 (MMPI-2 for non-MFPRSI participating departments) ■ Full psychological evaluation sent to city/county ■ Cover letter and MMPI automated report sent directly to ILEA ■ Cover letter, psychologist impressions, and MMPI-3 automated excerpts sent directly to MFPRSI • Post -incident wellness visit (often within 72 hours of event) • Post -incident reintegration session 0 60 minutes $185 0 45 minutes $155 0 30 minutes $105 • Resilience coaching session $155 o Provided to new law enforcement officers, typically in four individualized 40-50 minute sessions covering a variety of resilience topics • Peer Support Team advising • Post -incident reintegration advising • Group debriefing support o Currently included without charge, as availability allows Page 349 of 817 Dubuque THE C DUIB TE 19• WriaG� I101' 2007.2012.2013 2017*2019 Masterpiece on the Mississippi City of Dubuque Public Works Department 925 Kerper Ct (address) Dubuque, IA 52001 Phone # 563-589-4250 CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT THIS VENDOR SERVICE AGREEMENT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and Vendor) at Continental Fire Sprinkler Company (Vendor Name) 650 Capital Dr SW Ste 200 Cedar Rapids, IA 52404 (Vendor Address - City and State) PROJECT TITLE: Fire Protection System Repair, Replace, and Test Fire Sprinkler Heads (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: Fire sprinkler head repair, replacement, and 20 year sample head testing as described on attached quote The work described above shall be completed at the following location(s): Municipal Service Center 925 Kerper Ct Dubuque IA 52001 The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa Page 1 of 20 Page 350 of 817 and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE — Please include one applicable Insurance Schedule: o Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) o Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box 0 Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors ❑ Insurance Schedule G — Vendors ❑ Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor 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 Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement 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. 6. The Vendor shall fully complete the Project under this Contract on or before December 31, 2025 (date) Page 2 of 20 Page 351 of 817 7. Indemnification; Liability for City Damage A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the 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 (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. B. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 8. Prior to the commencement of any work on this Project and at all times during the performance of this Contract, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule as indicated above and attached hereto. 9. The Vendor agrees that no work under this Contract shall commence until the City has authorized said work in writing. Any work started by the Vendor prior the City authorization shall be considered unauthorized and done at the sole risk to the Vendor. 10. Vendor will comply with all federal, state, and local laws and regulations in the performance of this Contract. 11. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice delivered to the Vendor. 12. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be the Iowa District Court for Dubuque County. Page 3 of 20 Page 352 of 817 THE CITY AGREES: The City agrees to pay the Vendor for the work actually performed under this Contract, up to the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT $ 3,115.00 CITY OF DUBUQUE, IOWA By: Ichael C. Van Mllligen City Manager 10/08/2025 Date VENDOR: Continental Fire Sprinkler Company Company Name By: C5 l 10/6/25 Signature Date Connor Krueger Printed Name Account Manager Title Page 4 of 20 Page 353 of 817 EXHIBIT A TERMS AND CONDITIONS The following Terms and Conditions apply to City of Dubuque Transactions: 1. The City of Dubuque is exempt from federal excise tax and Iowa sales tax. 2. The City of Dubuque will not be responsible for payment for any goods delivered without a purchase order. 3. The vendor will send a separate invoice for each purchase order number. All invoices, packages, shipping notices, or the like affecting the order shall contain the applicable purchase order number. The vendor is to submit original invoice to the address shown in the SHIP TO section on the front of this order. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized. 5. It is understood by the vendor that the cash discount period to the City of Dubuque will date from the receipt of the invoice or from the date of the receipt of the goods, whichever is later. 6. The risk of loss of and damage to the goods which are the subject of this order, regardless of the F.O.B. point, is and will remain with the vendor until the goods are delivered to the destination set out in the order and accepted by the City of Dubuque or the authorized City of Dubuque representative. 7. In the event of the vendor's failure to deliver as and when specified, or to perform as and when specified, the City of Dubuque reserves the right to cancel this order, or any part thereof, without prejudice to its other rights, and the vendor agrees that the City of Dubuque may return part or all of any shipment so made and may charge the vendor with any loss expense sustained as a result of such failure to deliver or to perform. 8. In the event any article, service, or process sold, delivered and/or performed hereunder is covered by any patent, copyright, or application for either, the vendor will indemnify and save harmless the City of Dubuque from any and all loss, cost, or expenses on account of any and all claims, suits, or judgments on account of the use or sale of such article or the use of such service or process in violation of such patent, copyright or application for either. 9. In the event any article, service, or process sold and delivered or sold and performed hereunder is defective in any respect whatsoever, the vendor will indemnify and save harmless the City of Dubuque from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to person or property that may happen or occur in connection with the use or sale of such article, or process and are contributed to by said defective condition. Page 5 of 20 Page 354 of 817 10. The vendor agrees not to release any advertising copy mentioning the City of Dubuque or quoting the opinion of any City of Dubuque employee without the prior written authorization from the City of Dubuque. 11. The vendor represents and warrants that no federal or state statute or regulation, or local municipal ordinance has been or will be violated in the manufacturing, sale and delivery hereunder. If such violation has or does occur, the vendor will indemnify and save harmless the City of Dubuque from all loss, penalties, or payment of all sums of money on account of such violation. 12. The City of Dubuque may at any time insist upon strict compliance with these terms and conditions notwithstanding any previous custom, practice, or course of dealing to the contrary. 13. The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of the vendor's proposal, and are not subject to change by reason of any written or verbal statements by the vendor or by any terms stated in the vendor's acknowledgement unless same be accepted in writing by the City of Dubuque. 14. Current Safety Data Sheets (SDS), when applicable to the order, must be provided by the vendor in accordance with all regulations. Page 6 of 20 Page 355 of 817 EXHIBIT B C 1,qs- A - Class B: Class C: INSURANCE SCHEDULE F Asbestos Removal Fiber Optics Sanitary Sewers Asphalt Paving Fire Protection Sheet Metal Concrete Fireproofing Site Utilities Construction Managers General Contractors Shoring Cranes HVAC Special construction Culverts Mechanical Steel Decking Paving & Surfacing Storm sewers Demolition Piles & Caissons Structural Steel Deconstruction Plumbing Trails Earthwork Retaining Walls Tunneling Electrical Reinforcement Water main Elevators Roofing Chemical Spraying Landscaping Rough Carpentry Doors, Window & Masonry Stump Grinding Glazing Vehicular Snow Removal Tank Coating Drywall Systems Painting & Wall Covering Tree Removal Fertilizer Application Pest Control Tree Trimming Geotech Boring Scaffolding Tuckpointing Insulation Sidewalks Waterproofing Finish Carpentry Plastering Well Drilling Carpet Cleaning Carpet & Resilient Flooring Caulking & Sealants Acoustical Ceiling Filter Cleaning General Cleaning Grass Cutting Janitorial Non Vehicular Snow & Ice Removal Office Furnishings Power Washing Tile & Terrazzo Flooring Window Washing Page 7 of 20 Page 356 of 817 INSURANCE SCHEDULE F (continued) Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project # Project name: Fire Protection System or Project Location at MSC or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate required shall be furnished to the Public Works 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 shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 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. 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 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 written mutual agreement attached hereto. Page 8 of 20 Page 357 of 817 INSURANCE SCHEDULE F (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01 or business owners form BP 00 02 shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project(s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees, agents, 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. 8) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. 9) Contractor and subcontractor shall not use any drone without the prior written approval of the City of Dubuque. Any drone usage must comply with above liability limits and the additional insured endorsement must name the City of Dubuque with respect to aircraft 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 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 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 Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 9 of 20 Page 358 of 817 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 Employer's Liability 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 but not limited to 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 X No Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos, or PCBs. 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, agents, 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. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. 7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability -Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the Owner's property. F) RAILROAD PROTECTIVE LIABILITY Coverage required: Yes X No Page 10 of 20 Page 359 of 817 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) AND 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 11 of 20 Page 360 of 817 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 12 of 20 Page 361 of 817 *rTitifZentore prinkler Company "We save lives and property by designing, installing and servicing fire protection systems " September 16, 2025 Dubuque Municipal Services 925 Kerper Ct Dubuque, IA 52001 RE: Sprinkler Deficiencies To: Arielle Swift, Continental is pleased to provide you with this proposal for the fire protection system at DUBUQUE MUNICIPAL SERVICES 925 KERPER CT DUBUQUE IA 52001. General Description Scope of Work: • Our fire sprinkler work shall include: o Repair and replace (12) '/2" Upright style sprinkler heads that were found painted during annual inspection. o Remove tape from Upright style sprinkler head on 2°a floor. 0 20 YR Sample Head Testing: ■ (2) 'h" Concealed Sprinkler Heads ■ (2) 'h" Upright Sprinkler Heads ■ (2) 'h" Horizontal Sidewall Sprinkler Heads ■ (2) 'h" Pendent Sprinkler Heads • Total Heads Tested = 8 ■ Test Results will be provided to customer after testing is completed. o Lift has been figured into proposal price. Exclusions: • Fire Extinguishers. • Fire Alarm Systems. • Prep / Priming / Painting of fire sprinkler piping & fittings. • Weekend work. BASE BID QUOTATION: Quote Type: T&M The total amount for the above noted work is: $3,115.00 NOTE: This quotation includes labor, fringes, material and required permits for competition of the above -described work. Unless specifically noted above, all work is to be performed during normal work hours of 7:OOAM thru 4:30PM. Please sign your acceptance below and return to our office or forward your contract P.O. to serve as our authorization to proceed with this work. Omaha Quad Cities Des Moines Cedar Rapids Mid Atlantic 4518 S 133rd St. 1216 W 7611 St. 2200 SE 441" Ct. 650 Capital Dr SW Ste 200 1745 Dorsey Rd, Ste A-D Omaha, NE 68137 Davenport, IA 52806 Grimes, IA 50111 Cedar Rapids, IA 52404 Hanover, MD 21076 Phone (402) 330-5170 Phone (563) 388-0600 Phone (515) 986-0866 Phone (319) 364-0585 Phone (443) 764-2075 Fax (402) 330-2373 Fax (563) 388-0612 Fax (515) 986-3406 Fax (319) 538-0342 Page 362 of 817 ACCEPTED BY: DATE: 10/08/2025 We appreciate the opportunity to provide you with this proposal. Please contact me with any questions you may have. Sincerely, CONNOR KRUEGER Continental Fire Sprinkler Company — Cedar Rapids, IA Connor. krueger(a)continental-fire. com Page 2 of 2 Page 363 of 817 bubuque THE CITY OF Dub E 1111IF 2007.2012.2013 2017*2019 Masterpiece on the Mississippi City of Dubuque Fire Department 11 W. 9th Street, Dubuque (address) Dubuque, IA 52001 Phone # 563-589-4160 CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT THIS VENDOR SERVICE AGREEMENT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and endor) at Top Grade Excavating (Ven(Jor Name) 971 9th Avenue NW, PO Box 356, Farley, IA 52046 (Vendor Address - City and State) PROJECT TITLE: Storm Sewer Pipe Replacment at Fire Station 2 (2180 JFK Road) (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: Storm sewer pipe replacement at Fire Station 2 (2180 JFK Road) The work described above shall be completed at the following locations : Fire Station 2 at 2180 JFK Road, Dubuque, Iowa The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa Page 1 of 20 Page 364 of 817 and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE — Please include one applicable Insurance Schedule: o Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) o Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box 0 Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors ❑ Insurance Schedule G —Vendors ❑ Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor 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 Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement 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. 6. The Vendor shall fully complete the Project under this Contract on or before December 1, 2025 (date) Page 2 of 20 Page 365 of 817 7. Indemnification; Liability for City Damage A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the 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 (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. P. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 8. Prior to the commencement of any work on this Project and at all times during the performance of this Contract, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule as indicated above and attached hereto. 9. The Vendor agrees that no work under this Contract shall commence until the City has authorized said work in writing. Any work started by the Vendor prior the City authorization shall be considered unauthorized and done at the sole risk to the Vendor. 10. Vendor will comply with all federal, state, and local laws and regulations in the performance of this Contract. 11. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice delivered to the Vendor. 12. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be the Iowa District Court for Dubuque County. Page 3 of 20 Page 366 of 817 THE CITY AGREES: The City agrees to pay the Vendor for the work actually performed under this Contract, up to the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT $ 11,500.00 CITY OF DUBUQUE, IOWA VENDOR: By: 10/10/2025 Top Grade Excavating M'chaei C. Van Mi ligen Date Company Name City Manager ]I By: _ �-Lt 10/9/2025 Signature Date ��Q�1 1` rG!!titi Printed Name v . ( to -&&5 ,y c.4 Title Page 4 of 20 Page 367 of 817 EXHIBIT A TERMS AND CONDITIONS The following Terms and Conditions apply to City of Dubuque Transactions: 1. The City of Dubuque is exempt from federal excise tax and Iowa sales tax. 2. The City of Dubuque will not be responsible for payment for any goods delivered without a purchase order. 3. The vendor will send a separate invoice for each purchase order number. All invoices, packages, shipping notices, or the like affecting the order shall contain the applicable purchase order number. The vendor is to submit original invoice to the address shown in the SHIP TO section on the front of this order. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized. 5. It is understood by the vendor that the cash discount period to the City of Dubuque will date from the receipt of the invoice or from the date of the receipt of the goods, whichever is later. 6. The risk of loss of and damage to the goods which are the subject of this order, regardless of the F.O.B. point, is and will remain with the vendor until the goods are delivered to the destination set out in the order and accepted by the City of Dubuque or the authorized City of Dubuque representative. 7. In the event of the vendor's failure to deliver as and when specified, or to perform as and when specified, the City of Dubuque reserves the right to cancel this order, or any part thereof, without prejudice to its other rights, and the vendor agrees that the City of Dubuque may return part or all of any shipment so made and may charge the vendor with any loss expense sustained as a result of such failure to deliver or to perform. 8. In the event any article, service, or process sold, delivered and/or performed hereunder is covered by any patent, copyright, or application for either, the vendor will indemnify and save harmless the City of Dubuque from any and all loss, cost, or expenses on account of any and all claims, suits, or judgments on account of the use or sale of such article or the use of such service or process in violation of such patent, copyright or application for either. 9. In the event any article, service, or process sold and delivered or sold and performed hereunder is defective in any respect whatsoever, the vendor will indemnify and save harmless the City of Dubuque from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to person or property that may happen or occur in connection with the use or sale of such article, or process and are contributed to by said defective condition. Page 5 of 20 Page 368 of 817 10. The vendor agrees not to release any advertising copy mentioning the City of Dubuque or quoting the opinion of any City of Dubuque employee without the prior written authorization from the City of Dubuque. 11.The vendor represents and warrants that no federal or state statute or regulation, or local municipal ordinance has been or will be violated in the manufacturing, sale and delivery hereunder. If such violation has or does occur, the vendor will indemnify and save harmless the City of Dubuque from all loss, penalties, or payment of all sums of money on account of such violation. 12. The City of Dubuque may at any time insist upon strict compliance with these terms and conditions notwithstanding any previous custom, practice, or course of dealing to the contrary. 13.The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of the vendor's proposal, and are not subject to change by reason of any written or verbal statements by the vendor or by any terms stated in the vendor's acknowledgement unless same be accepted in writing by the City of Dubuque. 14. Current Safety Data Sheets (SDS), when applicable to the order, must be provided by the vendor in accordance with all regulations. Page 6 of 20 Page 369 of 817 Class A: Class B: Class C: I-*N:II ] III d:3 INSURANCE SCHEDULE F Asbestos Removal Fiber Optics Sanitary Sewers Asphalt Paving Fire Protection Sheet Metal Concrete Fireproofing Site Utilities Construction Managers General Contractors Shoring Cranes HVAC Special construction Culverts Mechanical Steel Decking Paving & Surfacing Storm sewers Demolition Piles & Caissons Structural Steel Deconstruction Plumbing Traits Earthwork Retaining Walls Tunneling Electrical Reinforcement Water main Elevators Roofing Chemical Spraying Landscaping Rough Carpentry Doors, Window & Masonry Stump Grinding Glazing Vehicular Snow Removal Tank Coating Drywall Systems Painting & Wall Covering Tree Removal Fertilizer Application Pest Control Tree Trimming Geotech Boring Scaffolding Tuckpointing Insulation Sidewalks Waterproofing Finish Carpentry Plastering Well Drilling Carpet Cleaning Carpet & Resilient Flooring Caulking & Sealants Acoustical Ceiling Filter Cleaning General Cleaning Grass Cutting Janitorial Non Vehicular Snow & Ice Removal. Office Furnishings Power Washing Tile & Terrazzo Flooring Window Washing Page 7 of 20 Page 370 of 817 INSURANCE SCHEDULE F (continued) Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project # Project name: Storm Sewer Pipe Replacement or Project Location at Fire Station 2-2180 JFK Roador construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate required shall be furnished to the Fire 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 shall be attached to the certificate. The certificate is due before the contractlagreement can be approved. 7. Whenever an ISO form is referenced the current edition must be provided. 8. Contractor shall be required to carry the minimum coveragellimit, 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 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 written mutual agreement attached hereto. Page 8 of 20 Page 371 of 817 INSURANCE SCHEDULE F (continued) EXHIBIT I A) COMMERCIAL_ GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01 or business owners form BP 00 02 shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project(s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees, agents, 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. 8) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. 9) Contractor and subcontractor shall not use any drone without the prior written approval of the City of Dubuque. Any drone usage must comply with above liability limits and the additional insured endorsement must name the City of Dubuque with respect to aircraft 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 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $1.0__0,000 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 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 Iowa Workers' Compensation insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 9 of 20 Page 372 of 817 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 Employer's Liability 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 but not limited to Waiver of Subrogation and Primary and Noncontributory 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 X No Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos, or PCB's. Pollution product and complete operations coverage shall also be covered. Each Occurrence $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, agents, 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. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. 7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability -Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the Owner's property. F) RAILROAD PROTECTIVE LIABILITY Coverage required: Yes X No Page 10 of 20 Page 373 of 817 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) AND 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 11 of 20 Page 374 of 817 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. (DEPARTMENT MANAGER, FILL IN ALL BLANKS AND CHECK BOXES) Page 12 of 20 Page 375 of 817 AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE INITIATIVES THIS AGREEMENT, dated for reference purposes the 1st day of July, 2025, is made and entered into by and between the City of Dubuque, Iowa (City) and Dubuque Initiatives (Initiatives), a nonprofit corporation, for professional services. WHEREAS, Initiatives desires to retain professional staff for the formulation and implementation of programs for the enhancement of economic conditions and employment generating opportunities in the City of Dubuque and its environs; WHEREAS, City personnel are technically and professionally qualified to provide professional staff services to Initiatives. NOW THEREFORE, the parties hereto agree as follows: SECTION 1. CITY RESPONSIBILITIES. City designates its Economic Development Director and its Finance Director to act as its representatives with respect to the services to be performed under this Agreement, and such persons shall have authority to transmit instructions, receive information, and provide decisions in a timely manner pertinent to the services covered by this Agreement. SECTION 2. SCOPE OF SERVICES. City will provide professional staffing services to assist Initiative's Board of Directors in the administration and operation of Initiatives estimated as follows: 2.1 Economic Development. (1) Director — average six (6) hours/month Tasks: • Attend meetings • Follow up via phone and email • Coordinate with property development team on processes and finances • Correspond with legal, accounting, and others to follow up on board requests (2) Assistant Director — average thirty-four (34) hours/month Tasks: 06082023bal Page 376 of 817 • Attend meetings, take minutes, follow up on action items from meetings • Prepare, compile, and distribute agenda materials • Coordinate with financial institutions on processes, finances • Correspond with legal, accounting, and others to follow up on board requests • Monthly Bank Reconciliation 2.2 Finance Department. (1) Accountant — average ten (10) hours/month Tasks: • Create monthly financial reports • Attend meetings • Enter deposits • Enter journal entries • Enter check information into QuickBooks • Maintain QuickBooks and physical files • Create backups for auditors as needed • Create various accounts as needed Individual tracking of time is not required. SECTION 3. TERM OF AGREEMENT. The term of this Agreement shall be from July 1, 2025 through June 30, 2026 (the Term). SECTION 4. COMPENSATION. Initiatives shall pay City as compensation for the services provided to Initiatives, which payment shall constitute complete compensation for all services to be rendered under this Agreement, as follows: Three Thousand Four Hundred Twenty -Nine Dollars ($3,429.00) on or before the 1 st day of July, 2025, and Three Thousand Four Hundred Twenty - Nine Dollars ($3,429.00) on or before the 1 st day of each succeeding month thereafter during the Term of this Agreement. SECTION 5. TERMINATION OF AGREEMENT. Either party may terminate this Agreement for any reason with or without cause upon not less than thirty (30) days' written notice delivered to the other party. SECTION 6. INDEMNIFICATION. Initiatives agrees to indemnify and hold harmless City, its officers and employees from and against any and all claims of any kind that may be made against City, its officers and employees arising out of or in connection the negligence of initiatives, its officers and employees in the performance of this Agreement. Pa Page 377 of 817 SECTION 7. NO EMPLOYER -EMPLOYEE RELATIONSHIP CREATED. City's relationship to Initiatives shall be that of independent contractor and this Agreement shall not be construed or interpreted to have created an employer -employee relationship. SECTION 8. RECORDS. All documents of any kind created by or provided to City staff in the performance of services under this Agreement shall at all times remain the property of Initiatives and City staff shall make no copies of any of such documents. in the event City is requested pursuant to, or required by, applicable law, regulation, or legal or administrative process to disclose any Initiatives' documents, City shall promptly notify Initiatives in writing so that Initiatives may apply for a protective order or other appropriate remedy at no cost or expense of any kind to City. In the event that Initiatives does not take any action to stop such disclosure or obtain a protective order concerning such disclosure within forty-eight (48) hours after City provides such notice to Initiatives, City may disclose the requested documents without any liability to City. City agrees to furnish only that portion of documents sought or advised by City's counsel to be legally required. In the event that Initiatives does take any action to stop such disclosure or obtain a protective order, City agrees to cooperate with Initiatives at no cost or expense of any kind to City. CITY OF DUBUQUE, IOWA DUBUQUE INITIATIVES By: k 464�_ By: Michael C. Van Milligen Kevin J. Whch City Manager President 3 Page 378 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps AmeriCorps Host Site Memorandum of Agreement Iowa THIS AMERICORPS HOST SITE AGREEMENT is executed by and between the UNIVERSITY OF NORTHERN IOWA/GREEN IOWA AMERICORPS, 1227 W 27T" Street, Cedar Falls, IA 50614 (Program) and CITY OF DUBUQUE, 50 W. 13T" STREET, DUBUQUE, IA 52001 (Host Site). 1. FUNDING SOURCE, POSITIONS, DURATION OF AGREEMENT 1.1 PURPOSE. Green Iowa AmeriCorps is an AmeriCorps State Program in the national service network and Iowa AmeriCorps State Members are the resource being provided to Host Site. The purpose of this Agreement is to outline the relationship between and responsibilities of Program and Host Site in regard to the placement of AmeriCorps Members from the Program at the Host Site. 1.2 FUNDING SOURCE. The funding source for the AmeriCorps Member positions that are provided to Host Site is a grant from the AmeriCorps, [Code of Federal Domestic Assistance (CFDA) 94.0061 for the Green Iowa AmeriCorps Program. Host Site shall comply with the requirements, conditions, and rules of the Corporation, Green Iowa AmeriCorps and any other public or private entity having authority over the funds or the grant. 1.3 DURATION OF AGREEMENT. This Agreement shall be in effect for the time period of 09/01/2025 to 08/31/2026 with the ability to enact a no -cost extension up to three months if approved by Volunteer Iowa to allow a Member to complete the Member's term of service. 1.4 AMERICORPS MEMBERS. The Green Iowa AmeriCorps Program will have 66 AmeriCorps Members who will engage in environmental direct service activities in the areas of energy, conservation, and solid waste management, environmental education, volunteer engagement and workforce development across Iowa. At the end of the program year, the AmeriCorps Members will be responsible for completing 240 energy assessments and retrofits, the planting of 1,500 trees, installation of 50 water quality related projects, 25 waste reduction or removal projects and 25 school, community or backyard gardens. Members will execute 500 educational programs for 7,500 participants. In addition, the AmeriCorps Members will leverage 2,400 volunteers who will be engaged in environmental direct service projects. The Program assigns the following AmeriCorps Member position(s) to Host. Term Type Min # of Hrs. # Of slots assigned Three Quarter Time (TQT) 1200 1-5 Reduced Half Time (RHT) 675 contingent on slot conversion Minimum Time (MT) 300 0-5 1.5 SERVICE SITES. Service sites are the physical location where Members will be primarily serving. Generally, this is the same location in which the Site Supervisor works. In alignment with agreements between Volunteer Iowa and surrounding state Commissions, service sites must be no more than 40 miles from the Iowa border. List the physical address(es) of site(s) where Host Site will have Member serve: Location Name: City Hall I Site Supervisor Name: Gina Bell Location Address: 50 W. 13t" Street, Dubuque I State: IA I Zip Code: 52001 Page 379 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps AmeriCorps Host Site Memorandum of Agreement Iowa 1.6 ELECTRONIC SIGNATURES. Electronic signatures may be acceptable with Program approval if the following conditions are met: 1) A written policy is in effect establishing the use of electronic signature system as your system of record; and 2) A secure, verifiable electronic signature system that (a) identifies and authenticates a particular person as the source of the electronic signature; and (b) indicates such person's approval of the information contained in the electronic message. 3) Once appropriate electronic signatures have been applied, no changes may be made unless there is a clear, auditable record of the revision. The use of regular e-mail to communicate approval is not a secure, verifiable electronic signature system. 1.7 CORRECTIONS TO OFFICIAL GRANT DOCUMENTS. Corrections to any official AmeriCorps documents, including Member Service Agreement, Amendments, or other official agreements, must be done properly. For example, a change to a clause/element must have a strike through (line) and, if necessary, the new language written. The revised clause must then include the date and initials of both the Host Site or Program representative and the member. Whiteout or other correcting fluid must never be used, and changes are considered fully executed via signature of BOTH parties. 2. CONDITIONS FOR ENROLLMENT OF AMERICORPS MEMBER(S) 2.1 ASSIGNED MEMBER SUPERVISION. Host Site agrees to assign a Site Supervisor(s) who will complete obligations described herein for the duration of the Agreement. Site Supervisor shall commit adequate time, support, and effort to perform the responsibilities outlined in Agreement, including training, Member supervision, data collection, and reporting. The responsibilities of the Site Supervisor remain the same, regardless of whether the Supervisor is staff of Green Iowa AmeriCorps contractor (See Section 10.2) or neither staff nor contractor but providing supervision without a financial matching obligation. 2.2 CHANGES TO MEMBER SUPERVISION. Host Site agrees to notify Program two weeks prior to any changes in the person assigned to manage the member(s). Additionally, the Host Site agrees to allow the new Supervisor to attend mandatory Site Supervisor training, prior to the change in supervision. In cases where this is not possible due to the timing of employee end date, the Host Site should work to identify a temporary solution for managing Members. Site Supervisor Plan: Site Supervisor Name Email Phone Member Slot Allotment Gina Bell gbell@citvofdubuque. 563.845.8591 org X Three Quarter Time _ Reduced Half Time Michelle Kim mkim@citvofdubuque 563.580.3745 .org _ Minimum Time 3. ENROLLMENT AND RETENTION REQUIREMENTS 3.1 HOST SITE RECRUITMENT/ENROLLMENT REQUIREMENT. The Host must assist with recruitment for all positions for the Program's 100% enrollment goal for all AmeriCorps positions and is responsible for Page 380 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps AmeriCorps Host Site Memorandum of Agreement Iowa generating 50% of their Member slots from locally sourced efforts. If the Host is unable to assist with recruitment positions, contact Green Iowa AmeriCorps to discuss as soon as possible. Please note failure to recruit/fill Member positions will not impact your Host Hite fees but could impact consideration for future Host opportunities. Program will provide resources and training to the Host Site to support recruitment efforts. Host Site should refer questions to Program if unsure of the correct answer. 3.2 HOST SITE ENROLLMENT RESPONSIBILITIES. Host Site is encouraged to work with Program to select their Member(s) as soon as possible. If citizenship and background check requirements are not complete, it may result in a delay to the Member start date. Host Site is expected to meet the recruitment guidelines above at a minimum of (3 weeks) prior to position start date(s) in the Program Enrollment Date(s). 3.3 RETENTION REQUIREMENT. Host Site is expected to retain at least 85% of its AmeriCorps positions. 3.4 PROGRAMMATIC CONSEQUENCES OF NON -RECRUITMENT, NON -ENROLLMENT, AND/OR NON - RETENTION. Program may elect to retain all the Host Site fee, if desired, regardless of recruitment or retention by Host Site. Program will review future requests for AmeriCorps positions against the Host Site's prior performance. If Host Site is unable to meet enrollment or retention requirements in a single year, a reduction in Member positions for future program years may be applied. If Host Site is unable to meet enrollment or retention requirements over two or more Program years, a reduction in Member positions will be applied for future Program years. 3.5 HIRING MEMBERS. Host Site is allowed and encouraged to hire AmeriCorps member(s) in staff positions after the Member has completed his/her AmeriCorps term requirements. Hiring a Member during the term of service will likely result in an exit for cause unless the Member meets the criteria for the CPC Employment Objective Policy or otherwise determined by the discretion of the Program. If Host Site hires Members as staff before the Member can complete his or her term AmeriCorps requirements, Host Site may be denied future AmeriCorps positions or required to pay any additional expenses incurred by the Program to replace the vacated slot. 3.6 ENROLLMENT REQUIREMENTS. Neither the Host Site nor its partners may officially enroll the AmeriCorps Member; Program is the sole entity that can enroll an AmeriCorps Member. Host Site must follow Program guidance regarding the Host Site role in recruitment and selection of the assigned Member(s). 3.7 HOST SITE ENROLLMENT RESPONSIBILITIES. Host Site is encouraged to work with Program to select their Member(s) as soon as possible. If Site Supervisors are unavailable or have delaying timing in Member selection the program will move forward with position offer or denial based on the Program application, Program interview and reference checks. If citizenship and background check requirements are not complete, it may result in a delay to the Member start date. Host Site agrees to engage in timely email communication with potential applicants for their site, including email response, interview scheduling and execution, and providing feedback to the Program Recruitment Coordinator regarding Member selection. The Host Site is responsible for recruitment activities in their local communities utilizing Program provided recruitment resources. Page 381 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps AmeriCorps Host Site Memorandum of Agreement Iowa 3.8 ENROLLMENT REQUIREMENT. Host Site is responsible for generating enrollment of 50% of its AmeriCorps positions. If Host Site is unable to fill all positions, Host Site will contact Green Iowa AmeriCorps to discuss as soon as possible. Host Site understands that Program may reduce or renegotiate the awarded Member slots at any time if Host Site is unable to fill its awarded AmeriCorps slots. 4. HOST SITE OBLIGATIONS 4.1 COMPLIANCE WITH LAWS AND REGULATIONS. Host Site shall comply with the Terms and Conditions of the National and Community Service Act, the Corporation's regulations (45 CFR 12501 et seq.), 2025 AmeriCorps State - General Terms and Conditions and 2025 AmeriCorps Specific Terms and Conditions - Specific. Agreement is also subject to OMB Circulars 2 CFR 220 - Cost Principles for Educational Institutions; 2 CFR 225 - Cost Principles for State, Local, and Indian Tribal Governments; or 2 CFR 230 - Cost Principles for Non -Profit Organizations, as applicable. 4.2 AMERICORPS DOCUMENTS. Program is responsible for retention of all official AmeriCorps grant documents and therefore Host Site should not retain official grant documents. If Host Site wants to retain documents, they must retain a copy and provide the original to Program. Host Site shall permit Program, Volunteer Iowa, and AmeriCorps, to conduct in -person or electronic site visits, access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers and records of Host Site relating to orders, invoices, or payments or any other documentation or materials pertaining to Agreement; this does not include background check records run specifically for the purposes of the Host Site at the expense of the Host Site. Any Member record containing personally identifiable information must be managed confidentially, as required by AmeriCorps. Program shall make every effort to access records from Monday through Friday, between the hours of 8:00 am and 5:00 PM Central Standard Time. Such rights shall continue as long as the records are retained by Host Site. Regardless of the method, all records will be managed in accordance with proper records management procedure(s) while they are in the possession of Program. Access to records shall be granted within 72 hours of the request unless other arrangements have been agreed to by Program. 4.3 SUPPORTING DOCUMENTATION. The Host Site shall deliver to Green Iowa AmeriCorps as scheduled or upon request, (i) copies of all contracts or agreements relating to Program and any other such grant - related documents as requested, in order to verify compliance with the applicable state and federal AmeriCorps requirements. 4.4 AMERICORPS ORIENTATION, TRAINING, RESOURCES, AND SUPPORT. Host Site will provide appropriate resources to the AmeriCorps Member including, but not limited to (1) office space, supplies, phone, Internet connection, and other physical accommodations as necessary, (2) financial support for Member travel, training, and Host Hite orientation, (3) a designated Site Supervisor with adequate time to provide support and guidance during the service year, (4) integration of the AmeriCorps Member into Host Site team, (5) on -site orientation and regular training opportunities, (6) additional benefits as described in position recruitment materials, as applicable and (7) ensure that Host Sites are supporting and facilitating regular communication and conflict resolution check -ins as part of a Member meetings. 4.5 MEMBER COMPENSATION. The living allowance is defined as the amount listed here that is paid directly to the Member by the Program, and the Member is prohibited from accepting additional living 4 Page 382 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps AmeriCorps Host Site Memorandum of Agreement Iowa allowance payments (including payments in the form of cash or gift cards) directly from the host site. It does not prohibit the Member from receiving approved incentives from the Program and/or Host site, such as a housing allowance, retention bonus, or a pass for free/reduced parking at the host site location. Host Site should discuss incentive options with Program if this is of interest. This prohibition does not preclude Member from seeking supplemental employment with another entity, provided such employment does not conflict with AmeriCorps service. If Member has supplemental employment with Program/Host Site, service activities must be clearly different from the duties performed as an employee and the position description for the employment must be provided in advance to Volunteer Iowa. 4.6 SITE SUPERVISOR ORIENTATION. The Host sSte Supervisor agrees to attend an orientation, facilitated by Green Iowa AmeriCorps. The date and location will be provided a minimum of 30 days in advance. Site Supervisor should also participate in ongoing in person or electronic training provided by Program during the grant year. 4.7 MEMBER ORIENTATION. The Host Site agrees to release all AmeriCorps members for an in -person rogram orientation and other required program training on dates determined by Green Iowa AmeriCorps, communicated 30 days in advance to Hosts, when possible. Members are required to attend orientation and Life After AmeriCorps training as part of their term. 4.8 REQUIRED MEMBER TRAINING & ACTIVITIES. The Host Site agrees to release AmeriCorps Members from service for Days of Service events, Program training and retreats, Program wide service projects and other events or activities provided by Green Iowa AmeriCorps. Monthly trainings are held on the first and third Wednesday of each month at 9:00 am unless otherwise specified by staff. Days of service include September 11 Day of Service and Remembrance and MILK Day of Service. 4.9 POSTING OF PROHIBITED ACTIVITIES. As required by the AmeriCorps Grant Terms and Conditions, Host Site agrees to post a copy of the Prohibited Activities at each Member service site. 4.10 NATIONAL SERVICE AFFILIATION AND AMERICORPS IDENTITY. Green Iowa AmeriCorps is an AmeriCorps State Program in the national service network and AmeriCorps Members are the resource being provided to the Host Site. Host Site must represent AmeriCorps brands as described in the AmeriCorps Terms and Conditions. Host Site should also identify the Program as an Iowa AmeriCorps Program and Members as Iowa AmeriCorps Members. A. AMERICORPS, BRANDING GUIDELINES. Host Site shall follow the branding guidelines of AmeriCorps (https://americorps.gov/newsroom/communication-resources). B. REQUIRED PROGRAM BRANDING. Host Site agrees to (1) ensure that AmeriCorps Members always wear AmeriCorps identification during their service hours, (2) properly identify the Program as an AmeriCorps Program and the Members as AmeriCorps Members in all communications including but not limited to: public speaking opportunities, press releases, news stories, blog posts, websites, social media posts, online videos, public service announcements, paid advertising, brochures and other communications channels — in all cases individuals must be identified as AmeriCorps members etc., (3) provide information to the media during interviews or in -person public appearances, (4) always refer to participants selected to serve as AmeriCorps Members, (5) ensure AmeriCorps Members include "Green Page 383 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps Host Site Memorandum of Agreement ®AmeriCorps Iowa Iowa AmeriCorps Member" in their email signature, and (6) An acknowledgement and disclaimer shall be displayed on all reports and other published materials based upon work supported by the award. The acknowledgement and disclaimer may contain language the same as or similar to: "This material is based upon work supported by AmeriCorps under Grant No(s) 426004333. Opinions or points of view expressed in this document are those of the authors and do not necessarily reflect the official position of, or a position that is endorsed by, AmeriCorps." C.ANNOUNCEMENTS. Host Site agrees to publicly announce the partnership and identify Host Site as a location of Program in the statement. D. PROMOTIONAL STORY. Host Site agrees to promote a story about their AmeriCorps Members' activities E. INSURANCE. Program represents that it has adequate liability insurance, such protection being applicable to officers, employees, AmeriCorps Members and Agents while acting within the scope of their employment by Program. Program has no liability insurance policy as such that can extend protection to any other person. S. SITE SUPERVISOR OBLIGATIONS 5.1 MEMBER MANAGEMENT REQUIREMENTS. A. Read and review the Member Position Description(s), follow up with Program with any questions. Changes to the Member service hours, service activities, or changes to term length must be approved by Program, and potentially Volunteer Iowa. B. Ensure that Members have adequate and allowable service activities so that they may complete the term of service successfully. C. Conduct a Member on -site orientation that communicates Host Site policies, position requirements and ember safety, see sections 6.5 and 6.6. D. Have regularly scheduled check -ins with mMembers to review their service. E. Insure there is no conflict of interest or nepotism between Host Site Supervisors and Member. F. Ensure Members attend required program trainings and activities as noted in 4.7 and 4.8. G. Ensure a safe space for Members to report any issues 5.2 COMMUNICATION. The Site Supervisor agrees to serve as a liaison between Host Site and Program. This includes maintaining regular communication with the Program, providing timely response to program related requests, questions, and meeting deadlines as outlined in the Agreement. 5.3 MEMBER PERFORMANCE. Host Site agrees to maintain regular communication regarding Member performance issues, such as tardiness, unprofessional language, or violation of Host Site policies. Specifically, Host Site agrees to notify Program in writing in accordance with the following guideline: ITEM REPORTING TIMELINE Any Member injury during service that necessitates filing a worker's Within 24 hours compensation report 0 Page 384 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps Host Site Memorandum of Agreement ®AmeriCorps Iowa Any Member or Site Supervisor behavioral issues (arrests, harassment) that may result in immediate dismissal from the within 24 hours program or employment Any AmeriCorps Member grievance requests within 24 hours Any Member performing prohibited activities, as defined in Section 8 within 24 hours Upon the second occurrence of a Member failing to report to service within 24 hours without prior approval Member request for reasonable accommodation within 24 hours Any AmeriCorps Member's behavior issues that result in disciplinary within 2 business days action by the member's direct Supervisor Any AmeriCorps Member's request to be exited for cause, within 2 business days compelling circumstance, or to be suspended Any AmeriCorps Member position description or Member Service Agreement amendment requests, or other change that affects the within 3 business days member's service activities in Program 5.4 AMERICORPS MEMBER SERVICE STATUS. Host Site or its partners may not terminate, suspend, reassign or lend to another organization any AmeriCorps Member. Program is the sole entity that can terminate or suspend or reassign an AmeriCorps Member. If Host Site has a desire to terminate or suspend a Member for any reason, Program should be contacted to discuss the circumstances and next steps. Host Site should communicate to the program as quickly as possible if they become aware of a situation that may result in Member needing to take leave from service. This may include medical or emerging issues or may be related to a vacation that extends beyond one week. Program will work with Member and Host Site to determine next steps. Lack of or delayed communication related to Member situations may result in fewer options for positive outcomes for the member. Host Site or its partners may not terminate or suspend the AmeriCorps Member. Program is the sole entity that can terminate or suspend an AmeriCorps member. If Host Site has a desire to terminate or suspend a Member for any reason, Program should be contacted to discuss the circumstances and next steps. 5.5 SHORT TERM LEAVE OR SUSPENSION FROM SERVICE. Host Site should communicate to the Program as quickly as possible if they become aware of a situation that may result in member needing to take leave from service. This may include medical or emerging issues or may be related to a vacation that extends beyond one week. Program will work with Member and Host Site to determine next steps. Lack of or delayed communication related to Member situation may result fewer options for positive outcomes for the Member. 5.6 TERM EXTENSIONS. Member term of service may be extended because of a temporary leave or a compelling situation, which is outside of the Member's control; however, no additional living allowance will be paid. Program will work with Host Site and Member to ensure the length of extension is reasonable and will allow for a successful exit. Member terms cannot be extended for the sole purpose 7 Page 385 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps AmeriCorps Host Site Memorandum of Agreement Iowa of completing successfully. Member are expected to utilize the Program's No Cost Extension Request form for all formal extension requests. Member terms cannot be extended for the sole purpose of completing successfully. Volunteer Iowa must approve member term extensions prior to the end of the term. Program and member must execute an amendment to the Member Service Agreement to change the end date of the term. Members suspended for compelling personal circumstances may also receive a term extension equal to the amount of time the member was suspended for situations outside of the member's control. If Member was officially suspended, then living allowance is paid during the term extension. 5.7 MEMBER REQUEST FOR REASONABLE ACCOMMODATIONS. Host site must communicate to the program within 24 hours of any member request for reasonable accommodation. Program will help guide Host Site through the process including identifying if the accommodation is reasonable. 5.8 REPAYMENT OF OVERPAYMENTS TO MEMBERS. Host Site may be required to repay Green Iowa AmeriCorps the cost of any disallowance issued to Program for the erroneous payment of living allowance to Members because of Host Site's failure to notify Program of Member's departure, time, or attendance issues, or because of inappropriately managing Member timesheets, including the failure to adequately review timesheets prior to approving them. Costs that may include living allowance, FICA, Workers Compensation, and mistakenly earned Education Awards. 5.9 TIMEKEEPING ACCOUNT. The assigned Site Supervisor(s) will receive access to the OnCorps timekeeping system for the purpose of review and approval of Member timesheets as well as the Program generated Member timesheet tracker. 5.10 MEMBER TIMESHEETS AND TERM MANAGEMENT. The Site Supervisor(s) must review and approve Member timesheets in the assigned timekeeping system within 5 days of the Member's submission. Site Supervisor(s) should regularly review time sheets to ensure all hours served are allowable and eligible, categorized appropriately (fundraising, direct service and training) and time sheets include all hours served by members. Members may not earn hours for vacation or sick time, or holidays. Attention should be paid to ensure that Members are making regular progress toward the completion of their term of service and serving in accordance with their anticipated service schedule. Members' term of service is a combination of the number of service hours and the start and end dates; service is not completed just by finishing the hours listed in their Member Service Agreement. Corrections to time sheets, should errors be identified, must be made within 90-days of the date of the error. Timesheet corrections must be made within 90 days, excluding the final 30 days of the term of service. During the last 30 days of the term, timesheets older than 30 days will not be unlocked for corrections. Once a Member has ended their term of service, timesheet corrections must occur within 10 days of the exit date. Host Site and Member are responsible for accurately entering and submitting time each pay period. If Member does not have enough hours to exit successfully after the end of service and has identified hours that were inadvertently left off, the Member may provide written documentation (beyond their own written statement) documenting hours and dates (times if necessary) of service for review. Volunteer Iowa will review and make a final determination on whether to add hours after the end date of the term. Therefore, it is important that site supervisors monitor time sheets regularly and discuss any concerns with Program. N Page 386 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps AmeriCorps Host Site Memorandum of Agreement Iowa Supervisors should ensure Members are using the Program timekeeping tracker to provide additional information and support for hours logged in OnCorps for approval and compliance purposes. 5.11 REPERCUSSIONS FOR FAILING TO APPROVE TIMESHEETS. Host Site understands that failure of Site Supervisor(s) to carefully review and approve time sheets as outlined above may lead to repercussions including but not limited to the Site Supervisor(s) being replaced or denial of future requests to serve as a Host Site. Host Site further understands that the Member's ability to earn their education award is based on timely approval of Member timesheets by the Site Supervisor(s) and other required exit paperwork. Host Site may be required to repay to Program the cost of any disallowance issued to Program because of the Site Supervisor's failure to follow the timekeeping requirements, including adequately reviewing Member time sheets prior to approving them. 5.12 HOLIDAY SERVICE. Member should not serve any hours on the major federal holidays — New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving and Christmas Day. This includes checking emails, self -directed training, or teleservice. If Host Site is open on one of these holidays and members are expected to serve, site supervisor should work with Program to gain approval for this Member service prior to the holiday. For any of the other federal holidays, including MLK Day, Presidents Day, Juneteenth, Columbus Day and Veterans Day, Host Site should communicate expectations of member service in advance. If the Host Site is closed on one of more of those lesser holidays (including the day after Thanksgiving or Christmas eve) or the Host Site recognizes other workdays when major federal holidays fall on weekend days, members should not check their email, complete timesheets, or do teleservice on those days either unless they follow the procedure above. 5.13 HOURLY LIMITS. AmeriCorps Members cannot serve more than 12 hours in a day, 100 hours in a two -week period, and 200 hours in a month without prior approval from Program. Member(s) should also not serve more than 6 consecutive days. Site supervisor(s) should monitor Member service during their term to ensure that Members have adequate time to complete their service without serving excessive hours as their term nears its end. 5.14 MEALTIME(S). Member must take one meal break if they serve 5 or more hours consecutively, and a two meal breaks if they serve 11 hours or more consecutively. If a Member is serving during a mealtime doing an allowable service activity, member must be given an alternative meal break. 5.15 CERTIFICATION OF MEMBER ACTIVITIES. All Member service activities must be completed when visual confirmation of time served is possible by the Site Supervisor or another staff person who can attest to the service. If there are periods of time when this is not possible a Teleservice agreement must be in place. By approving the timesheet, Site Supervisor certifies all AmeriCorps Member service, training, and fundraising hours as true and correct and ensures hours do not include any service activities prohibited by law, regulation, or grant terms and conditions. Further, Host Site understands that a knowing and willful false certification by the Member or Site Supervisor on the timesheet can be punished under federal law (Section 1001 of Title 18, USC). Therefore, if there are questions or concerns with member timesheets, Site Supervisors must return the timesheet in the timekeeping system for the Member to make corrections before they approve it. Host Site is notified that all Member timesheets must be approved prior to member release or exit from service. 5.16 MEMBER EVALUATIONS. Host Site must complete an evaluation of each Member's term of service. Members who do not receive an evaluation are not eligible for their education award and will be Exited 17 Page 387 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps AmeriCorps Host Site Memorandum of Agreement Iowa for Cause. Host Site must complete a mid-term evaluation of each FT, TQT, and HT Member, as well as any other less -than HT Members (RHT, QT, MT, AT) that serve over a period of 9 months or more, within a reasonable period of the mid -date of the member term. Host Site must complete an end -of -term evaluation of each Member and submit it to Program within 7 days of the Member's last day of service as indicated on the Member Service Agreement (MSA). Evaluations must be signed and dated by both the Member and Site Supervisor. If a Member leaves for Cause and the Program cannot obtain their signature after due diligence, the evaluation will be considered valid without signature upon additional Program staff review. An evaluation is not required for any Member who exits the program serving a total of 30 days or less. 6. ADDITIONAL HOST SITE REQUIREMENTS 6.1 ALLOWABLE SERVICE. Host Site must place Members in positions that adhere to the requirements established in this Agreement and described in the Member Position Description guidelines. Position descriptions must be approved by Program prior to placing a Member into the position. Service hours related to activities that are deemed prohibited or unallowable by Program, Volunteer Iowa, or AmeriCorps, will not count toward the AmeriCorps member's term of service. In addition, hours served before or after the service period outlined in the MSA or prior to completion of a National Service Criminal History Check (NSCHC) are not allowable. 6.2 MEMBER POSITION DESCRIPTION (MPD) APPROVAL. Host Site must submit draft position descriptions to Green Iowa AmeriCorps utilizing the templates provided by the Program by deadline communicated by Program. The Program will give Host Site 30 days' notice of deadline. Host Site agrees to ask Program for assistance with the development of the member position description if needed. Program will provide Host Site with a Member Position Description Template (MPD). 6.3 MEMBER POSITION DESCRIPTION CONTENT. MPD must include, at a minimum, the following elements: A. Description of service activities that align with those outlined in the approved grant. 1. Member activities cannot replace current staff or volunteer activities (see Sections 8.5 and 8.6 below). Member position descriptions must include service activities that are new or expand on current staff/volunteer activities. Member's primary duties should be direct service or capacity building activities, not administrative services. 2. Member service activities should provide an opportunity for the Member to be challenged and take responsibility for new programs/projects and grow their skills. 3. Service activities should be sufficiently detailed to clarify expectations and help members understand their role in the organization. Avoid vague terms or descriptions of tasks. B. Use of the AmeriCorps vernacular — for example: service, support, member, enroll, instead of terms like work, assist, hire or employee. C. An anticipated service schedule that outlines a pathway for the Member to complete his/her term of service successfully within the service period of their MSA, while meeting the needs of the community. Members are expected to serve primarily within their anticipated service schedule. 10 Page 388 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps AmeriCorps Host Site Memorandum of Agreement Iowa a. The schedule should be sufficiently detailed so that the Member and anyone else reviewing the schedule could anticipate when the Member would be serving and see the total number of hours per week the Member would be expected to serve. b. Minimum hours per week must be clear and build a 10% buffer so Members are not negatively impacted by holiday time off and reasonable sick and vacation time off. c. The service schedule should indicate whether the Member is expected to regularly serve on evenings, weekends, and holidays or at other special events when longer than normal hours would be expected. D. If the need for service changes and the member's service schedule or activities are impacted, the Host Site should contact Program to have the MPD updated. 6.4 DISASTER SERVICE. Members are allowed to serve in times of disasters. Deployments to disasters should be done in accordance with Program's disaster policy. If Members and/or Site Supervisors have questions about an individual Member's deployment to local disasters, they should review Program policy and check with Program's staff. Members are prohibited from self -deploying to any disaster; however, they may volunteer on their own time. 6.5 MEMBER SAFETY. Host Site is required to take reasonable steps to ensure Member safety during service. Host Site is expected to conduct appropriate background and reference checks on the site Supervisor(s) and other staff working with the AmeriCorps Member(s) and beneficiaries of Green Iowa AmeriCorps activities, in accordance with the National Service Criminal History Check requirements and Host Site's own organizational policies. Site Supervisor(s) should be trained in member safety, including the use and availability of CPR, first aid kits and portable defibrillators (if available) and the location of storm shelters. Members should also be provided with this information during their onsite orientation. Host Site should also have a plan for site and personal health -related safety concerns. Host Site should also consider safety precautions for service activities and projects, as needed that may include things such as time of day, lighting and location, seasonal weather issues, road conditions, and appropriate safety protocols for service acivities (including attendance of trained personnel). 6.6 PUBLIC HEALTH EMERGENCIES AND MEMBER SAFETY. To protect Member safety, Host Site is expected to follow relevant federal, state, or local health and safety laws, rules, and regulations. This may include social distancing, wearing of masks (or other protective gear), providing the opportunity to serve from an alternate location on a temporary basis, and required quarantine or isolation in cases of positive tests or exposure, etc. These guidelines may change based on a variety of factors. Therefore, the Host Site is encouraged to regularly check the CDC website for the most recent guidance and Program will send notification of significant changes in CDC recommendations that impact member service. If Host Site intends to pursue mandatory vaccination for member(s), the Host Site must obtain approval from Program. 6.7 UPHOLD PROGRAM POLICIES & PROCEDURES. Host sites must ensure a work environment that is safe for Members to show up as their authentic selves. Examples include a clear path of communication as a Host if an issue arises, and each site's active role in continuing to grow in their own practices as an agency. 11 Page 389 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps Host Site Memorandum of Agreement 7. REPORTING QAmeriCorps Iowa 7.1 REPORTING DEADLINES. Host Site must ensure that required Program reports are submitted according to Program deadlines noted in Section 7.3. 7.2 REPORTING RESPONSIBILITIES. The Host Site Supervisor understands that they must complete and/or support their AmeriCorps Members in completing the reports described in the Agreement and due in Google Documents. 7.3 REPORTING TIMELINE. Below is a timeline for reports described in the Agreement. ITEM REPORTING TIMELINE DATE DUE 1 Position Description 2025-2026 Position 07/01/2025 Quarterly Performance Measure Report 10/01/25-12/31/25 1/13/2026 Quarterly Performance Measure Report 01/01/25-03/31/26 4/13/2026 Quarterly Performance Measure Report 04/01/25-06/30/26 7/13/2026 Quarterly Performance Measure Report Midterm Evaluations (FT, TQT, HT only) 07/01/25-08/31/26 50% of Member term TBD Member Mid - Term Date End -term Evaluations (FT, TQT, HT, MT) 10/01/2025-08/31/26 Member Exit Date 8. PROHIBITED ACTIVITIES 8.1 PROHIBITED ACTIVITIES. (45 CFR§§ 2520.65) While charging time to the Green Iowa AmeriCorps accumulating service or training hours, or otherwise performing activities associated with the Green Iowa AmeriCorps or the Corporation for National and Community Service, Members and volunteers recruited by Members may not engage in the following activities: 1. Attempting to influence legislation. 2. Organizing or engaging in protests, petitions, boycotts, or strikes. 3. Assisting, promoting or deterring union organizing. 4. Impairing existing contracts for services or collective bargaining agreements. 5. Engaging in partisan political activities or other activities designed to influence the outcome of an election to any public office. 6. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials. 7. Engaging in religious instruction; conducting worship services; providing instruction as part of a program that includes mandatory religious instruction or worship; constructing or operating facilities devoted to religious instruction or worship; maintaining facilities primarily or inherently devoted to religious instruction or worship; or engaging in any form of religious prose lytization. 8. Providing a direct benefit to: • a business organized for profit; • A labor union; • A partisan political organization; or 12 Page 390 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps AmeriCorps Host Site Memorandum of Agreement Iowa • A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 related to engaging in political activities or substantial amount of lobbying except that nothing in these provisions shall be construed to prevent participants from participating in advocacy activities undertaken at their own initiative; and • An organization engaged in the religious activities described above in prohibited activity 7, unless AmeriCorps assistance is not used to support the religious activities. 9. Conducting a voter registration drive or using AmeriCorps funds to conduct a voter registration drive; 10. Providing abortion services or referrals for receipt of such services; 11. Any activity prohibited by applicable Executive Order/Memorandum; and, 12. Such other activities as AmeriCorps/Volunteer Iowa may prohibit. In addition to the above activities, the below activities are additionally prohibited: Census Activities. AmeriCorps Members and volunteers associated with AmeriCorps grants may not engage in census activities during service hours. Being a census taker during service hours is categorically prohibited. Census -related activities (e.g., promotion of the Census, education about the importance of the Census) do not align with AmeriCorps State and National objectives. What members and volunteers do on their own time is up to them, consistent with program policies about outside employment and activities. Election and Polling Activities. AmeriCorps Members may not provide services for Election or polling locations or in support of such activities. AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary purpose of engaging in one of the activities listed above. Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-AmeriCorps time, and using non- AmeriCorps funds. Individuals should not wear the AmeriCorps logo while doing engaging in any of the above activities on their personal time. 8.2 RIGHTS AS A PRIVATE CITIZEN. Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-AmeriCorps time, and using non- AmeriCorps funds. Individuals should not wear the AmeriCorps logo while engaging in any of the above activities on their personal time. 8.3 FUNDRAISING. (45 CFR§§ 2520.40) AmeriCorps Members may raise resources directly in support of the Green Iowa AmeriCorps' service activities. Examples of fundraising activities AmeriCorps Members may perform include, but are not limited to, the following: 1. Seeking donations of books from companies and individuals for a program in which volunteers teach children to read; 2. Writing a grant proposal to a foundation to secure resources to support the training of volunteers; 3. Securing supplies and equipment from the community to enable volunteers to help build houses for low-income individuals; 13 Page 391 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps AmeriCorps Host Site Memorandum of Agreement Iowa 4. Securing financial resources from the community to assist in launching or expanding a program that provides social services to the members of the community and is delivered, in whole or in part, through the members of a community -based organization; 5. Seeking donations from alumni of the program for specific service projects being performed by current Members. 8.4 FUNDRAISING LIMITATIONS. (45 CFR§§ 2520.45) An AmeriCorps Member may spend no more than 10 percent of his/her originally agreed -upon term of service, as reflected in the Member Service Agreement, performing fundraising activities. AmeriCorps Members may not: 1. Raise funds for his/her living allowance; raise funds for an organization's general operating expenses, general fund or endowment; 2. Write a grant application for funding provided by a federal agency including AmeriCorps grant proposals such as: Days of Service grants, AmeriCorps VISTA, Summer VISTA Associates, the Corporation for National Community Service grant proposals and AmeriCorps grants. 8.5 NON -DUPLICATION. (45 CFR §§ 2540.100E) Corporation assistance may not be used to duplicate an activity that is already available in the locality of a program. And, unless the requirements of 45 CFR §§ 2540.100F [See below: Non -Displacement] are met, Corporation assistance will not be provided to a private nonprofit entity to conduct activities that are the same or substantially equivalent to activities provided by a State or local government agency in which such entity resides. 8.6 NON -DISPLACEMENT. (45 CFR §§ 2540.100F) A. An employer [Host Site] may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of Member in a program receiving Corporation assistance. B. An organization may not displace a volunteer by using a Member in a program receiving Corporation assistance. C. A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual. D. Member in a program receiving Corporation assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee. E. Member in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that— (i) Will supplant the hiring of employed workers; or (ii) Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. F. Member in any program receiving assistance may not perform services or duties that have been performed by or were assigned to any— (i) Presently employed worker; (ii) Employee who recently resigned or was discharged; (iii) Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; (iv) Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or (v) Employee who is on strike or who is being locked out. 14 Page 392 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps Host Site Memorandum of Agreement 9. USES AND LIMITS OF AMERICORPS POSITIONS ®AmeriCorps Iowa 9.1 SERVICE LIMITS. Individuals may serve multiple terms of AmeriCorps service, including AmeriCorps, VISTA and NCCC. Host Site should consult with Program and Member on how many previous AmeriCorps terms the Member has served to ensure they do not exceed the limits for AmeriCorps State and National. Please note: the number and types of service terms served and post -service benefits selected may also impact the member's eligibility for an Education Award and/or the value of the available Education Award. 9.2 REFILLING MEMBER POSITIONS. The following conditions, established by AmeriCorps, must be adhered to by all AmeriCorps Programs regarding refill of member slots vacated by Members who exit early. Host Site must note that once a Member is released from service with a partial education award, the remaining portion of that award is not available for use. Host Site acknowledges that Program has the final say in refilling all AmeriCorps positions. Host Site may not refill the same slot more than once. 9.3 REFILL DEADLINES. Refills must occur prior to December 1 for full-time Members, March 1 for three quarter time slots and April 1 for half-time and reduced -half-time Members. These dates are subject to change based upon changes made by AmeriCorps and/or Volunteer Iowa. The final decision related to whether positions will be refilled belong to Green Iowa AmeriCorps. 9.4 MEMBER ENROLLMENT. Host Site understands that Program may reduce or renegotiate the awarded Member slots at any time if Host Site is unable to fill its awarded AmeriCorps slots in an effort to achieve the 100% enrollment standards of the grant. 10. HOST SITE FINANCIAL COMMITMENT 10.1 HOST SITE FEE. Host Site shall contribute the following host site fee to Program in support of placement of the Members outlined in section 1.3. Host Sites may incur an additional host site fee for refill positions or additional positions. The payment (in the case of cash match) or submission of supporting documentation (in the case of in -kind match) is to be made in full annually beginning in October 2025 unless a different payment schedule is agreed upon by all parties. Type of Financial Support Amount of Support Source of Funds Amount of Funds Determined by Host, $10,000 total per Cash Match 100% Non -Federal service year A. IDENTIFICATION OF FEDERAL SOURCE(S) OF MATCH. Host Site must obtain approval from the federal agency to use the funds as match. Some federal match sources are pre -approved. The federal funds noted in 10.1. are identified as follows: Federal Agency Name CFDA # Grant Name <<AGENCY NAME>> << CFDA>> << GRANT NAME >> B. HOST SITE SUPERVISOR BACKGROUND CHECKS. Host Site Supervisors that are employees of the AmeriCorps grantee (program) are required to comply with the requirements of the AmeriCorps National Service Criminal History Check (NSCHC). Host Site Supervisors that are employed by a 15 Page 393 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps AmeriCorps Host Site Memorandum of Agreement Iowa separate organization or are contractors are considered contractors under 2 CFR §200.331 and are not required to comply with the NSCHC requirements. 10.2. HOST SITE FEE REFUNDS. Host site fees will only be prorated if the Host Site was able to effectively fill 50% of their required Member slots and the Program was unable to fill 50% of its required slots. For example, if a Host Site effectively filled two of the four positions allocated to their site through Host Site recruitment efforts but the Program was unable to fill the remaining two positions or its equivalent, the Host Site would be eligible to request a pro -rated cash match amount. Host site fees will not be refunded for Members with exit for Cause or Compelling Personal Circumstance. No in -kind match documentation is currently required by hosts for the 2025-2026 service year. If the Program determines that in -kind match is needed from Host Sites to meet the overall match requirements of the program for the 2025-2026 grant year, Host Sites will be notified 60 days in advance. Requirements for in -kind match may include the documentation of Site Supervisor time, etc. A Host Site amendment will be executed as needed if in -kind requirements change. 10.3 FAILURE TO MEET MATCH REQUIREMENT. If Host Site fails to meet the matching requirements, Program will notify Host Site in writing of the situation and request that Host Side provide any past -due match payments or documentation within 30 days. If there is an ongoing issue related to match, the Green Iowa AmeriCorps may notify the Financial Representative, Program Representative and/or the Authorized representative of Host Site. Program may suspend enrollment of new AmeriCorps Members and/or payment of reimbursement request(s) until the situation is corrected. 10.4 WAIVED OR ADJUSTED MATCH REQUIREMENTS. A Host Site can request an adjusted match requirement or payment schedule based on financial hardship or inflexibility of the approved budget of the Host. If a Host is approved for an adjusted Host match requirement, an increase plan will be put into effect to meet the Program requirements by the following service year. 11. AMERICORPS MEMBER RECRUITMENT 11.1 HOST SITE RECRUITMENT RESPONSIBILITY Program expects Host Site to be a partner in recruiting candidates to apply for open AmeriCorps positions. At a minimum, Host Site is responsible for recruiting eligible candidates for at least 50% of the slots awarded. Program will provide resources and training to Host Site to support recruitment efforts. Host Site should refer questions to Program if unsure of the correct answer. If Host Site does not meet or exceed the recruitment requirements, Program may reduce the number of slots. 11.2 RECRUITMENT TIMELINE Host Site is expected to meet the recruitment guidelines above at a minimum of 3 weeks prior to position start dates) in the Program Enrollment Date(s). 12. MEMBER ELIGIBILITY AND SELECTION REQUIREMENTS 12.1 MEMBER SELECTION. Host Site and Program must adhere to the following requirements when selecting candidates to fill the AmeriCorps position(s). Program and Host Site must avoid any conflict of interest during the selection process, including nepotism. Host Site may identify additional reasonable 16 Page 394 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps AmeriCorps Host Site Memorandum of Agreement Iowa host site -specific requirements for member selection. Additional requirements must be listed on the recruitment posting and Member Position Description. Neither the Host Site nor its partners may officially enroll the AmeriCorps member; Program is the sole entity that can enroll an AmeriCorps member. The Host Site must follow Program guidance regarding the Host Site role in recruitment and selection of the assigned member(s). 12.2 MINIMUM MEMBER ELIGIBILITY REQUIREMENTS FROM AMERICORPS. A. Be at least 17 years of age at the commencement of service OR be an out -of -school youth of at least 16 years of age participating in a youth corps program described in described in § 2522.110(b)(3) or (g); B. Have a high school diploma or its equivalent, or be in the process of obtaining one; C. Be a citizen, national, or lawful permanent resident of the United States; and D. Pass all required National Service Criminal History Checks requirements. Any person who refuses to consent to the criminal history check, makes a false statement in connection with the check, has been convicted of murder as defined and described in section 1111 of title 18, Unitec States Code, as well as anyone who is registered or required to be registered on a state sex offender registry or the National Sex Offender Registry is ineligible to serve as an AmeriCorps member. 12.3 MEMBER PRIVACY AND RECORD SECURITY. Host Site understands that Program will use the criminal history record information obtained through the NSCHC process only to screen the current and/or prospective AmeriCorps Members, and only for purpose(s) of enrollment and/or determination of eligibility and suitability based on the criterion listed above. Program is legally prohibited from duplicating, disseminating, or sharing criminal history record information for use outside of Program, including to the Host Site. 13. CIVIL RIGHTS, NON -HARASSMENT, AND REASONABLE ACCOMMODATIONS 13.1 CIVIL RIGHTS / EQUAL OPPORTUNITY POLICY. This program is available to all and prohibits all forms of discrimination and harassment based on race, color, national origin, sex, age (40 and over), religion, sexual orientation, disability (mental or physical), political affiliation, marital or parental status, pregnancy, reprisal, genetic information (including family medical history), or military service. All programs administered by or receiving federal financial assistance from AmeriCorps must be free from all forms of discrimination and harassment. It is also unlawful to retaliate against any person who, or organization that, files a complaint about such discrimination. In addition to filing a complaint with local and state agencies that are responsible for resolving discrimination complaints, you may bring a complaint to the attention of the AmeriCorps. If you believe that you or others have been discriminated against, or if you want more information, contact: Adam Lounsbury, Executive Director Volunteer Iowa 321 East 12t" Street OR Des Moines, Iowa 50319 Phone: 1-800-308-5987 Fax: (877) 631-7575 Email: americorps@volunteeriowa.org Office of Civil Rights and Inclusiveness AmeriCorps 250 E. Street, SW Washington, DC 20525 Phone: (202) 606-7503 TTY and reasonable accommodation line: (800) 833-3722 Fax: (202) 565-3465 Email: eo@cns.gov 17 Page 395 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps AmeriCorps Host Site Memorandum of Agreement Iowa 12.2 REASONABLE ACCOMMODATIONS. AmeriCorps prohibits any form of discrimination against persons with disabilities in recruitment, as well as in service. As a program that receives federal funds, Green Iowa AmeriCorps complies with the requirements of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. No qualified individual with a disability shall, by reason of disability, be excluded from participation in or be denied the benefits of the program, services, or activities of the program, or be subjected to discrimination by the program or host site. Neither the program nor the host site shall exclude or otherwise deny equal services, programs or activities to a qualified individual because of the known disability of another individual with whom the qualified individual is known to have a relationship or association. The Program and Host Site shall make reasonable accommodations in policies, practices, or procedures when the accommodations are necessary to avoid discrimination on the basis of disability, unless the rogram and Host Site can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity, and/or impose an "undue hardship". A reasonable accommodation may include: making facilities readily accessible to and usable by individuals with disabilities; job restructuring; part-time or modified schedules; acquisition or modification of equipment or devices, training materials, or policies; etc. Members may request reasonable accommodations by completing the Reasonable Accommodation Request Form included in the Member Service Agreement and submitting it to the program director. 14. TERMINATION OF AGREEMENT 14.1 AGREEMENT. Either Party may terminate or suspend Agreement in whole or part upon 30 days written notice to the other party. In all instances of termination or suspension, the non -terminating party shall be given written notice of the termination or suspension, including a written explanation of the reason(s) for such action. Where appropriate, the non -terminating party shall be given reasonable time to cure any deficiently in its performance. If the deficiency is not corrected within a reasonable time, as defined by mutual agreement of the parties, Agreement may then be immediately terminated orsuspended. In the event the Agreement is terminated or suspended, the AmeriCorps member shall be removed from Host Site and, if possible, placed at another suitable service location within the Program. Host Site agrees to work cooperatively with Program to facilitate such transfer. 15. PROGRAM RESPONSIBILITIES 15.1 MANAGEMENT. Provide Program Director and Program Staff to manage larger program operations. 15.2 FINANCIAL. Financial management of program operation including monthly claims to Volunteer Iowa. The program will be responsible for distribution of Member living allowance, FICA, Worker's Compensation and healthcare benefits. Program staff will write and manage federal AmeriCorps grant requirements that support most program costs. 15. 3 TRAVEL. Provide Members with travel reimbursement to all required training events. 18 Page 396 of 817 2025-2026 Green Iowa AmeriCorps a AmeriCorps AmeriCorps Host Site Memorandum of Agreement Iowa 15.4 TRAINING. The Program will provide Ste Supervisor and Members with training opportunities to perform satisfactorily in their given roles. 15.5 OUTREACH. The Program will provide Hosts with yearly start-up outreach packages including program -wide marketing items. The Program will maintain and manage the Green Iowa AmeriCorps program website and web domain. The Program will maintain all Green Iowa AmeriCorps social media accounts. 15.5 UNIFORMS. The Program will provide Members with uniforms for service as well as AmeriCorps pins and masks. Any Host specific uniform requirements must be provided by the Host at the expense of the host. 15.6 BACKGROUND CHECKS. The Program will be responsible for the cost and execution of all NSCHC background checks to determine Member eligibility and compliance for service. 16. CONTACT INFORMATION 16.1 GREEN IOWA AMERICORPS . PRIMARY/AUTHORIZED CONTACT I SECONDARY/FINANCIAL CONTACTS I ADDITIONAL CONTACT Ashley Coffin 319-273-7273 16.2 HOST SITE. PRIMARY/AUTHORIZED CONTACT Gina Bell 563.845.8591 gbel I@cityofdubugue.org Barb Rasmusson 319-273-7233 SECONDARY/FINANCIAL CONTACT Anne Schreyer 563.589.4110 aschreve@citvofdubuque.org ADDITIONAL CONTACT Michelle Kim 563.580.3745 Mkim@cityofdubuque.org 19 Page 397 of 817 2025-2026 Green Iowa AmeriCorps AmeriCorps Host Site Memorandum of Agreement WITNESS WHEREOF, the parties have executed this Host Site Agreement. ®AmeriCorps Iowa GREEN IOWA AM ICORPS HOST SITE SIGNATURE: SIGNATURE: SIGNED BY: Ashley Coffin SIGNED BY Michael C. Van Milligen TITLE: Director TITLE: City Manager DATE: 10/14/25 DATE: 10/14/2025 OVERVIEW OF HOST SITE COMMITMENT Members: # Cash In -Kind Three Quarter Time (1200 hours) 3 $15,000 Supervisor, Office/workspace, daily travel & material supports Reduced Half Time (675 hours) TBD N/A Supervisor, Office/workspace, daily travel & material supports Minimum Time (300 hours) TBD N/A Supervisor, Office/workspace, daily travel & material supports Type of Financial Support Amount of Support Source of Funds Cash Match $15,000.00 Host Generated, Non-federal In -Kind N/A Undocumented Supervisor Time Host Site Recruitment Requirement Generate 50% enrollment for slot allocation 20 Page 398 of 817 AGREEMENT BETWEEN CITY OF DUBUQUE AND DUBUQUE COMMUNITY SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICERS FOR SCHOOL YEAR 2025-2026 This Agreement, dated for reference purposes the 20th day of August 2025, is made and entered into by and between the City of Dubuque, through its Police Department (City) and the Dubuque Community School District (School District). WHEREAS, School District and City have a strong desire and commitment to continue the services of the School Resource Officers (SRO); and WHEREAS, it is necessary to define the roles of the parties in providing such services to the elementary, middle, and senior high schools. NOW, THEREFORE, it is agreed by and between the parties as follows: SECTION 1. ROLE OF SRO. 1.1 Five (5) SRO and one (1) SRO supervisorwill be assigned by City to School District if Police staffing levels allow. SROwill, atthe sole direction of the Chief of Police: (a) Act as liaison between the law enforcement community and the School District; (b) Maintain campus awareness, identify imminent problems, and serve as safety consultants forthe School District; (c) Visit classrooms; (d) Make presentations and answer questions; (e) Instru ct D.A.R.E. (Dru g Abu se Resistance Edu cation Cooperative Program) curriculum if requested to do so by the School District; (f) Inform school officials and staff of current police involvementwith students and/or student's families; (g) Investigate appropriate cases involving students as victims or suspects except those cases handled by a specialized unit; (h) Assistwith prevention patrol for students in route to and from school; 1 Page 399 of 817 (i) Take appropriate action with respect to on -site occurrences, including but not limited to, fights, vandalism, theft, accidents, traffic violations, disorderly conduct, narcotics offenses, weapons, unauthorized persons on school property, and other occurrences as appropriate. 0) Assist with in -servicing other School District security staff; (k) Interact with patrol and investigative divisions on matters of mutual concern, including but not limited to, indecent exposure, gang activity, traffic hazards, sex offenses, suspicious persons, and other matters as appropriate; (1) Attend School Districtstaff and faculty meetings and training sessionswhen requested; (m) Act as a resource person to School District staff; (n) Attend School District sponsored extra-curricularactivities when requested; (o) Interact with students to promote and reinforce basic life skills, self-control, and accountability; (p) Maintain confidential records on student contacts. (q) Maintain working knowledgeofDubuque CommunitySchoolBoard policies, School District Administrative Regulations and Student Handbooks; and (r) Conduct other duties as approved or assigned by the Chief of Police. 1.2 The hours and workday of SRO will be determined by the Chief of Police based on School District building schedules and extra -curricular activities. Uniforms will be worn at the discretion of SRO and the Chief of Police. SECTION2. COMPENSATION. School District will pay to City, support costs as follows: Personnel Costs Page 400 of 817 Officers: 2025-2026 Cost DCSD Contributlon Rate DCSO 2025-2026 Sup port SR01 125 798,40 50% 62 899.00 SR02 $124 749.00 50% $62,375.50 SR03 $128,948.00 50% 464,474.00 SR04 $125,798.00 50% $62,899.00 SR05 (Supervisor) $176,463.00 76% of 50% $66 174.00 SR06 $116,237,00 50% $58,118.50 TOTAL PERSONNEL $376 940.00 Additional Support Costs Initial Training 0 unfilledposition) 50% 0 Position Equipment $0 unfilledposition) 50% $0 OOSupport Costs $0 unfilled osition 50% $0 Ongoing Trainin 0 unfilled osition 50% 0 TOTAL ADUL SUPPORT I $0 DCSD SRO SUPPORT 1 $376,940.00 Personnel and Supportcosts reflect approximately the same staffing levels as the second semester of the 2024-2025 school year. This includes the transition of the DARE SRO position to a traditional SRO position that no longer teaches the DARE curriculum and serves assigned schools in a full-time SRO capacity. A planned expansion of the School Resource Officer program calls for the addition of two more SROs (SRO #7 & SRO # 8). The addition of SRO #7 and the initial training funding and support may occur in the 2025-2026 school year but will depend on other police departmental staffing needs. SRO #8 will be delayed until at least City of Dubuque Fiscal Year2027. Position equipmentisspecificto the SRO position, and support costs includes personal equipmentand transportation costs. This will need to be funded as positions are added. School District will pay to City fifty percent (50%) of the salary of five (5) SRO's, seventy- five percent (75%) of fifty percent (50%) of the SRO Supervisor, in the total amount of Three Hundred Seven ty-Six Th ou san d, Nine Hundred Forty dollars ($376,940), payable as follows: (a) City will invoice to School District by November 13, 2025 School District payment to City by December 13, 2025. Amount due is 50% of the Agreement ($188,470.00) (b) City will invoice to School District by March 1, 2026. School District payment to City by April 14, 2026. Amount due is 50% of the Agreement ($188,470.00) SECTION 3. TERMINATION. School DistrictorCity may cancel thisAgreementby giving the other party not less than thirty (30) days written notice of intent to cancel. However, underemergency or exigent circumstances, either party may cancel this Agreement by giving the other party not less than ten (10) days written notice. SECTION 4. TERM. The term of this Agreement is from August25, 2025, through June 14,202 Page 401 of 817 SECTION 5. APPLICABLE LAWS. City and School District will not engage in discriminatory hiring orany other employment practices that conflictwith any local, state, or federal laws. SECTION 6. INSURANCE AND INDEMNIFICATION. 6.1 City must maintain its membership in the Iowa Communities Assurance Pool and add School District as an Additional Member. if City discontinues its membership in ICAP, City must provide proof of a policy of commercial general liabilityform coverage in the amount of $2,000,000, naming School District as an additional insured on a primary and non-contributory basis. 6.2 School District must provide proof of a policy of commercial general liabilityform coverage in the amountof $2,000,000, naming City as an additional insured on a primary and non-contributory basis. 6.3 City will indemnify and hold School District, its staff, and students harmless from and against any and all claims, liability, and causes of action arising from or related to City's negligence in the performance of this agreement and the negligence by City officers, agents, or employees. 6.4 School District will indemnify and hold City, its staff, employees, and agents harmless from and against any and all claims, liability, and causes of action arising from or related to School District's negligence in the performance of this Agreement and the negligence by School District's officers, agents, students or employees. CITY OF DUBUQUE, IOWA DUBUQUE COMMUNITY SCHOOL DISTRICT By: AAZ&4 kL A By. Micha I C. Van Milligen Kathrin Parks City Manager President, Board of Education Send agreement to: Jeremy Jensen City of Dubuque Police Department 770 Iowa Street Dubuque, Iowa 52001 Reference: SR01 4 Page 402 of 817 SRO2 SRO3 SRO4 SRO5 (Supervisor) SRO6 Agreement Copy to: Rebecca Fellenzer Lisa Demmer School District Code: 10.9199.2112.420.1119.00597 $376,940.00 This contract was originally reviewed and approved as to form by Douglas M. Henry, attorney for the Dubuque Community School District, and Crenna M. Brumwell, then Assistant City Attorney for the City of Dubuque, with the expectation that subsequent extensions or renewals may be executed by the parties withoutthe need for legal review in the absence of textual change other than adjustment of dates and agreed compensation. 5 Page 403 of 817