Signed Contract(s)City of Dubuque
City Council
CONSENT ITEMS # 10.
Copyrighted
November 3, 2025
ITEM TITLE: Signed Contract(s)
SUMMARY: 563 Design, PLLC for the Fire Station #5 — Interior Stair
Replacement; 563 Design, PLLC for the Station 5 Emergency
Repairs; Communication Engineering Company (CEC)
Proposal and Agreement for the IT -Wireless Network
Refresh; Cottingham & Butler Insurance Services, LLC for
Employer Mandate Reporting Services Contract; Dave Hinz
for the Lime Silo Piping Repair; DocuPet for the Pet Licensing
Services Agreement; Eastern Iowa Excavating and Concrete,
LLC for Street patches for water main repairs; Eastern Iowa
Excavating and Concrete, LLC for Regrading of Ditch Over
Water Main on Old Davenport Road; Environmental
Management Services of Iowa, Inc. for Asbestos Inspection —
Eagle Point Park (Veranda, Bridge, and Indian rooms);
Eocene Environmental Group, Inc. for the Master Service
Agreement for Blum Site Assessment Report; Fowler Public
Sector Consulting LLC for Addendum to Independent
Contractor Agreement; GRTD Investments, LLC First
Amendment to Lease Agreement; Jason Schueller-Schueller
Restoration/Xtreme Clean & Coatings for Building
Maintenance at Station 3; Jonathan R. Brown for
Independent Contractor Agreement; Loucks & Schwartz for
Section 8 Housing Choice Voucher Year End closing for June
30, 2024 including successful REAC submission in electronic
format as required by HUD (both unaudited & audited); MGT
Impact Solutions, LLC for the Executive Recruitment
Statement of Work; MRI Software LLC for renewal of
recurring software and services for the New Housing Pro
System; Pigott, Inc. for Fire Administration Office Update;
R&W Restoration LLC for the 3rd & Main St. Chamber
Exterior Patio Stone Veneer Remove & Replace; Tschiggfrie
Excavating for Primary Clarifier Cleaning.
SUGGUESTED Receive and File
DISPOSITION:
ATTACHMENTS:
1. 563 Design PLLC
Page 106 of 525
2. Emergency Cleaning Services for Primary Clarifiers (23)
3. Dubuque EXHIBT A-2 Housing and Community Development Director FE
4. Loucks and Schwartz
5. Service agreement with Docupet
6. RW Restoration Short Form Contract - 3rd Main Chamber Ext Patio Repair
7. 563 Design PLLC - Station 5 Emergency Repairs
8. Pigott Inc
9. Eocene Contract for Blum Site Assessment
10. Eagle Point Water Plant Lime Slaker Silo Piping Repair C
11. MRI Software Contract
12. EMSI
13. Independent Contractor Agreement with Jonathan R Brown
14. Communication Engineering Company (CEC) - Proposal
15. Communication Engineering Company (CEC) - Agreement
16. Schueller Restoration
17. First Amendment to the Lease Agreement between City and GRTD
18. Eastern Iowa Excavating and Concrete
19. Street Repairs and Ditch Regrading
20. Eastern Iowa Excavating and Concrete Contract 2
21. Addendum to Fowler Public Sector Consulting LLC
22. Cottingham and Butler Insurance Services, LLC
Page 107 of 525
014n
D E S I G N
1268 Locust Street
Dubuque, Iowa 52001
563design.com
Task Order No. 0 3
563 Design, PLLC (CONSULTANT)
Project Name: Fire Station #5 - Interior Stair Replacement
Pursuant to Master Services Agreement dated May 1, 2025
Task Information
Task Name: Fire Station #5 - Interior Stair Replacement - Bid Documents
Task Description: Provide Architectural Services for Bidding Documents and Construction Administration for
replacement of existing stairs, (basement to main level and main level to upper floor), and create room layout
within existing open sleeping room.
Scope of Services
- Provide Bidding Documents to include the following items.
0 New interior stairs from main level to basement.
o New interior stairs from main level to upper floor.
o New demising walls within existing sleeping room to create private sleeping rooms.
o Provide permanent ladder outside the roof access door.
o Provide details for railing along existing stairs.
o Provide anti -slip surface around roof hatch and hatch safety rail.
- Design to meet current code requirements where applicable to scope of work.
- Design to meet ADA requirements where applicable to scope of work.
- Bidding/Gathering Qoutes will be administered by the City of Dubuque.
0 Front End specification, Issuing Bid Documents to Contractors, etc. provided by the City
of Dubuque.
0 563 Design can assist as needed for an additional service at current hourly rates.
- Construction Administration to include:
o Three site visits, additional visits will be billed as an additional service.
o Participate in the pre -construction meeting.
o The Architect shall respond to Contractor's request for additional information about the
Contract Documents.
o The Architect shall review shop drawings and submittals to confirm conformance with the
construction documents and specifications.
o The Architect will review and certify contractor's monthly applications for payment.
o The Architect will provide a punch list of outstanding items and shall provide follow-up of
outstanding items.
Page 108 of 525
City of Dubuque, Master Service Agreement -Task Order #03
Fire Station #5 - Interior Stair Replacement
Page 12
Schedule
- Bidding Documents: 4-6 weeks
- Bidding/Quotes: 4-8 weeks
- Construction Administration: 4-6 weeks
Compensation
CLI ENT shall compensate CONSULTANT for Services under this Task Order as follows:
Twelve thousand, five hundred dollars ($12,500.00)
CONSULTANT: 563 Design, PLLC
Andrew McCready, Architect
President
Date: September 22, 2025
CLIENT: City of Dubuque, Iowa
Insert Name: Michael C. Van Milligen
Insert Title: City Manager
Date: 10/16/2025
Page 109 of 525
Dubuque
THE CITY OF
DUB E
AFAw�faab
1I11I'
2007.2012.2013
2017•2019
Masterpiece on the Mississippi
City of Dubuque
WRRC Department
795 Julien Dubuque Dr
(address)
Dubuque, IA 52003
Phone # 563.589.4176
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
Tschiggfrie Excavating (Vendor) at
(Vendor Name)
425 Julien Dubuque Drive, Dubuque, IA 52003
(Vendor Address - City and State)
PROJECT TITLE:
Primary Clarifier Cleaning
(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:
cleaning out the four vimary clarifiers at the WRRC following the July rainstorm.
The work described above shall be completed at the following location(s):
795 Julien Dubuque Drive
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 110 of 525
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
July 20, 2025 (date)
Page 2 of 20 Page 111 of 525
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 112 of 525
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 $ 50,000
CITY OF DUBUQUE, IOWA VENDOR:
By: 10/17/2025 Tschiggfrie Excavating
Michael C. Van Milligen Date Company Name
City Manager
By: 9z10/17/2025
Signature Date
Erin Rogers
Printed Name
Vice President
Title
Page 4 of 20 Page 113 of 525
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 114 of 525
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 115 of 525
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 116 of 525
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
795 Julien Dubuque Dr 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 WRRC 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.
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 117 of 525
INSURANCE SCHEDULE F (continued)
EXH161T 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 118 of 525
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 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 119 of 525
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 120 of 525
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 121 of 525
EXHIBIT C
INSURANCE SCHEDULE G
Vendor shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in
Exhibi ORD form
approv qer
Descri This Page
2. All poli nd all
insure
3. Each cNOT APPLICABLE
4. The s or other
legal 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 122 of 525
INSURANCE SCHEDULE G (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
This Page
NOT APPLICABLEP 00 02
kimit."
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.
A10
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 123 of 525
INSURANCE SCHEDULE G (continued)
C) POLLUTION LIABILITY
Coverage required: —Yes X No
This Page
NOT APPLICABLE
pollution
-oleum
and
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.
D) PROFESSIONAL LIABILITY $1,000,000
Coverage required: _ Yes _ No
If the required policy provides claims -made coverage:
1) The Retroactive Date must be shown and must be before the date of the agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at least five (5)
years after completion of the work or services.
3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form
with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended
reporting" coverage for a minimum of five (5) years after completion of the work or services.
E) CYBER LIABILITY/BREACH $1,000,000
Coverage required: —Yes X 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.
F) UMBRELLA/EXCESS $1,000,000
Coverage required: _ Yes _ No
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 124 of 525
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.
1. NonwE This Page s policy
and the includi
governmental i is and as it
may be amen
2. ClaimNOT APPLICABLEnot subject
to the defense e
amended from ms and
conditions of t
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 125 of 525
EXHIBIT D
INSURANCE SCHEDULE J
requirE than 60
days. 1, th the final
billing. This Page artment of
Insurai ide a
state or Project
Locati
2. All pollNOT APPLICABLEind all
insure
3. Each d 1
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 126 of 525
INSURANCE SCHEDULE J (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
This Page
NOT APPLICABLE
0002.
ess
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 13t" 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 127 of 525
D) UMBRELLA/EXCESS LIABILITY $1,000,000
E)
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
Won and
This Page
A'OT APPLICABLE f,ve(5)
licy form
"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 X 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 128 of 525
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. Nonw s policy
and the includi This Page
governmental i is and as it
may be amen
2. Claims not subject
to the defenseAPPLICABLE)e
amended from ms and
conditions of t
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 129 of 525
MC,T
EXHIBIT A-2
EXECUTIVE RECRUITMENT STATEMENT OF WORK
As of September 30, 2025 ("Effective Date"), MGT Impact Solutions, LLC ("MGT") and the City of
Dubuque ("Client") execute this Statement of Work ("SOW") pursuant to the Master Services
Agreement between the Parties dated February 26, 2025 ("Agreement").
1. PROJECT -
Executive Recruitment for the position of Housing and Community Development Director.
2. SCOPE
MGT will provide executive recruitment and selection services in accordance with MGT's
Proposal dated September 25, 2025. All terms of the Proposal are incorporated
herein by reference and supersede the event of a conflict.
3. PERIOD OF PERFORMANCE/PROJECT TIMELINE
The term of this Statement of Work begins on the Effective Date and terminates upon project
completion.
4. COMPENSATION AND REIMBURSABLE EXPENSES
A. Fee. The flat fee for the Executive Recruitment Services described above is $22,000.
B. Expenses. $4,000 (not to exceed)
Consultant travel is not included and must be pre -approved by the Client. There will be
additional costs if Consultant is requested to travel to Client. Only actual travel
expenses will be billed.
5. INVOICING AND PAYMENT
1" Invoice: 40% of the recruitment fee will be due upon contract award.
2nd Invoice: 40% of the recruitment fee and expenses incurred to date will be due upon
presentation of candidates.
Final Invoice: the balance of fees and remaining expenses will be due upon completion of the
recruitment.
Payment of invoices due within 30 days of receipt.
CLIENT BILLING CONTACT
Name: Kristen Dietz
Email Address: kdietz(&cityofdubuque.org
MGT IMPACT SOLUTIONS, LLC
Name: A. Trey Traviesa
Title: CEO
Date: 10/20/2025
DUBUQUE, IOWA
11�,tor� kL
Na e: Michael Van Mi igen
Title: City Manager
Date: 10.17.2025
(813) 327-4717 1 4320 W. Kennedy Blvd., Tampa, Fl. 33609
MGT.us
Page 130 of 525
Dubuque
THE C
DUUB--*TE
11111.1
2007.2012.2013
2017•2019
Masterpiece on the Mississippi
City of Dubuque
Housing Department
350 W 6th St, Suite 312
(address)
Dubuque, IA 52001
Phone # 563-589-4230
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 Loucks & Schwartz
(Vendor Name)
PO Box 501 Nappanee, IN 46550-0501
(Vendor Address - City and State)
PROJECT TITLE: Section 8 Housing Choice Voucher Year End closing for June 30, 2024; including successful
REAC submission in electronic format as required by HUD(both unaudited & audited) (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:
Submission of REAC close outs for both unaudited and audited HCV financials.
The work described above shall be completed at the following location(s):
Submitted in REAC - September 2025.
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 131 of 525
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:
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
September 1, 2025. (date)
Page 2 of 20 Page 132 of 525
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 133 of 525
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 $ 2,175.00
CITY OF DUBUQUE, IOWA VENDOR:
By: _ k' _ 10.20.2025 Loucks & Schwartz
M chael C. Van illigen Date Company Name
City Manager
By: Rick L. Schwa rtz.N`=7o=' =--a°
Signature
Rick Schwartz
Printed Name
Managing Partner
Title
10/3/2025
Date
Page 4 of 20 Page 134 of 525
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 135 of 525
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 136 of 525
EXHIBIT D
INSURANCE SCHEDULE J
Loucks & Schwartz 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 #June 30, 2024or Project
Location at or construction of REAL Submis C—P1
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.
7. 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.
8. 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.
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 agreement, subject to written mutual agreement
attached hereto.
Page 17 of 20
Page 137 of 525
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 138 of 525
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 X 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 139 of 525
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 140 of 525
City of Dubuque Insurance Requirements for Technology Professional Liability
I'M, DocuPet
Pet Licensing Services Agreement
This Pet Licensing Services Agreement (this "Agreement"), is entered into this 1 day of November,
2025 (the "Effective Date") by and between DocuPet Corp., a Delaware corporation with offices at
15 Technology Place Suite 1, East Syracuse, NY 13057 ("DocuPet"), and City of
Dubuque, a municipal corporation whose primary place of business in 1300 Main Street, Dubuque, IA
Dubuque, IA 52001, USA, (the "Organization").
Background
DocuPet has developed and operates a program for providing pet licensing services.
The Organization wishes to engage DocuPet to perform certain pet licensing services for the Organization
and its residents.
FOR GOOD AND VALUABLE CONSIDERATION (the receipt and sufficiency of which is hereby acknowledged
by both parties), the Organization hereby engages DocuPet to perform, and DocuPet agrees to perform,
those certain services described in Schedule A to this Agreement subject to and in accordance with the
terms and conditions contained in Schedule B to this Agreement.
Schedules A, B, and C are attached and incorporated into this Agreement by reference and form a part of
this Agreement. The documents comprising this Agreement and their order of precedence in case of
conflict are:
(1) this covering Agreement,
(2) Schedule A— DocuPet Service Deliverables
(3) Schedule B — DocuPet General Terms and Conditions
(4) Schedule C— Pet License Fees
The foregoing documents together constitute the entire and final Agreement of the parties with respect to
the subject matter of this Agreement.
DOCUPET CORP. ORGANIZATION
By:
Name: Grant Goodwin
Title: Chief Executive Officer
1.1 WFE I
Lm-
Name: Michael C Van Milligen
Title: City Manager
CONTACT INFORMATION FOR THE ORGANIZATION Mary Rose Corrigan
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Public Health Director
Contact Name and Title:
Mary Rose Corrigan
Public Health Director
Address:
Health Services Department
1300 Main Street
Dubuque, IA 52001
Phone:
563 589 4181
Email:
mcorriga@cityofdubuque.org
Fax:
563 589 4299
CONTACT INFORMATION FOR DOCUPET
Contact Name and Title:
Grant Goodwin, Chief Executive Officer
Address:
15 Technology Place
East Syracuse, NY 13057
Phone:
1-855-249-1370
Email:
grant.goodwin@docupet.com
Fax:
613-547-5529
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SCHEDULE A
to Pet Licensing Services Agreement SERVICE
DELIVERABLES
1. DEFINITIONS
a. Unless otherwise defined in this Schedule A, capitalized terms used in this Schedule A shall
have the meaning given to those terms in Schedules B and C to this Agreement.
2. SERVICES
a. During the Term, DocuPet will provide to the Organization the pet registration services
described in this Schedule A (collectively, the "Services") subject to and in accordance with the
terms set out in this Agreement. DocuPet may also provide additional Optional Services (as
defined in Schedule B below) to Pet Owners which are not part of this Agreement but which
may be offered through the Website (as defined below) or through any other medium or in any
other manner.
b. Website
i. Organization -branded Pet Owner Portal
1. Applications for Pet Registrations
a. Pet Owners shall have the option of applying for Pet Registrations electronically
through the DocuPet Website.
b. Pet Owners may apply for pet registration through the DocuPet Website by
providing the following information and/or such other information as DocuPet and
the Organization may agree ("Registration Information"):
i. Name
ii. Email
iii. Address
iv. Telephone — day and evening
V. Name of pet
vi. Species (Dog or Cat)
vii. Breed and description (sex, color, age, etc.)
viii. Spayed or neutered
ix. Microchipped
X. Rabies vaccination and date
xi. Alternate contact information
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xii. Pet Date of Birth
2. Payment of Pet License Fee
a. At the time of Registration made via the Website, each Pet Owner shall pay a Pet
License Fee for each Pet based on the rates set out in Schedule C (the "Pet
License Fee"). The Pet License Fee for each Pet Registration shall be paid through
the Website by credit card, debit card or other payment method (as determined
by DocuPet at its discretion). Pet Owners may be charged an Online Processing
Fee for purchases made via the Website.
ii. Administrative Portal
1. Pet Registrations
a. The Organization may allow their employees, volunteers and
contractors/designates to accurately input Pet Registration Information into the
application on the Website. DocuPet shall have no responsibility for verifying the
accuracy or completeness of any Registration Information or for any errors
therein.
2. Data Upload and Download
a. DocuPet agrees to provide for the uploading of Pet Registration Information that
is provided to DocuPet in its standardized format.
b. DocuPet agrees to provide for the downloading of Pet Registration Information.
Downloaded Pet Registration Information will be provided in DocuPet's
standardized format.
3. Reporting
a. DocuPet agrees to provide its standard reporting tools to the Organization including
those providing record and financial information related to Pet Registrations.
b. Specialized or customized reports may be subject to additional fees.
4. Community Canvassing
a. DocuPet will provide its Community Canvassing module allowing for Organization
users to map zones and log visit inputs in the Software.
iii. Data Storage
1. All Registration Information that is inputted through the Website will be stored within
the Software so that the Registration Information may be accessed by the
Organization, DocuPet Personnel and other persons authorized by the Pet Owner.
iv. Website Support
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1. DocuPet agrees to provide to the Organization ongoing support and maintenance of
the Website, including updates and access to future versions of the Website. Support
and maintenance for the Website includes: ongoing problem identification, resolution
services, and correction of programming errors.
2. Should the Organization request customizations to DocuPet's Website functionality,
additional fees may apply. The Organization will be notified in advance if such fees are
to be incurred and work will not begin until a total sum for the customizations) has
been agreed upon. DocuPet reserves the right to refuse Website functionality
customization requests.
c. Account Support
i. DocuPet will be responsible for:
1. Overseeing and managing DocuPet's obligations under this Agreement;
2. Conducting the necessary tasks to implement the Services outlined in this Agreement;
and
3. Answering the Organization's queries and cooperating with the Organization to address
issues relating to the Services deemed urgent by the Organization.
ii. Training
1. DocuPet agrees to provide the Organization with training regarding the usage of the
Website via Video Conference -based sessions prior to the launch of the Services.
2. Training videos and online help content will be provided via the Administrative Portal.
d. Customer Service
i. DocuPet will provide all technical and other customer support for Pet Owners with
respect to the Website and the Services, with support being provided during normal
business operation hours of 9:OOAM to 8:OOPM EST Monday to Friday, holidays excepted.
e. Ordinance Awareness
i. DocuPet may design marketing collateral including a brochure, two postcards, a poster,
and up to two additional pieces at the time of the launch of the Services. The
Organization will be responsible for producing these materials and may, for an additional
fee, request that DocuPet produce these materials.
ii. Additional marketing collateral designs or productions may be requested by the
Organization. A pricing rate card for all materials can be provided to the Organization at
any time. Additional fees for this work will apply.
iii. DocuPet may endeavor to promote awareness of the Organization's ordinances and
regulations relating to pet registration and responsible pet ownership in various ways.
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f. Pet Tags
i. DocuPet agrees to provide Pet Tags for each Pet Registration where a Pet Tag is required.
g. Pet Tag Mailings
i. Unless delivered physically by the Organization at the time of purchase, DocuPet shall
send applicants confirmation of their Pet Registration number, a Pet Tag if required, and
other information or documents related to the Services, the Organization and DocuPet
h. License Compliance Notifications
i. Emailed License Compliance Notifications
1. At the direction of the Organization, DocuPet shall prepare and deliver License
Compliance Notifications ("License Compliance Notifications") via e-mail.
ii. Mailed License Compliance Notifications
1. At the direction of the Organization, DocuPet shall prepare and deliver License
Compliance Notifications via regular mail.
2. A maximum of two (2) mailed notifications will be sent per expiring Pet Registration.
3. Additional Mailed License Compliance Notifications, including those related to
unlicensed pets or pet owners that have not licensed their pets are subject to
additional Standard Fees.
iii. Standard Templates
1. DocuPet will provide the Organization with its standard License Compliance
Notification template and timing cadence.
i. Data Handling
i. DocuPet personnel shall add or edit Registration Information via the Website. This
information may be added via any of the following methods:
1. Mailed -in Application Form Processing;
2. Formatting pet data provided by third parties;
3. Returned Mail Processing for letters returned to DocuPet offices;
4. Hand -keying information when a Pet Owner has contacted DocuPet's Customer
Service team.
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3. DOCUPET PLATFORM STANDARDS
a. Connectivity
The Organization acknowledges and agrees that access to the Website and the Software
require Internet connectivity and use of a latest -version web browser and that DocuPet is
not responsible for the inability of the Organization, Pet Owners or potential Pet Owners
to access the Website or the Software as a result of failures of any of their applicable
internet access provider or use of outdated or non -current versions of software.
b. Backup and Disaster Recovery
DocuPet shall provide such back-up, disaster recovery and storage capabilities as typically
provided in its industry so as to provide reasonable availability of the Services during an
event that would otherwise affect the delivery of the Services.
c. PCI Compliance
DocuPet shall comply with payment card industry (PCI) security standards. DocuPet shall
utilize a payment processing company (Stripe, or a competitor(s) of Stripe) for processing
payments received through the Website.
d. Data Protection
DocuPet shall ensure that the platform and all services are in compliance with applicable
Laws relating to data protection. For clarity, this includes personal information gathering,
use and disclosure whether in the form of Registration Information or Organization Data.
DocuPet shall maintain a log -in account and password that permits access to Pet Owner's
accounts and Registration Information for the purposes of providing the services as
outlined in this agreement. DocuPet will promptly notify the Organization upon its
becoming aware that any of its passwords have been stolen, leaked or otherwise
compromised. The Organization will promptly notify DocuPet upon its becoming aware
that any of its passwords have been stolen, leaked or otherwise compromised.
e. Location
The servers hosting the Licensed Software shall be under United States legal jurisdiction
and that the data in their possession shall be collected, managed and stored in
accordance with any applicable privacy Laws.
f. Backup
DocuPet will ensure there are offsite backups performed each day. DocuPet will, as a
minimum on a monthly basis, ensure the backups are sufficient and can
restore/regenerate the system in the event of a server failure. On request, the
Organization will be allowed to review architecture and ability to meet performance
obligations.
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g. Service Level
The Website is engineered to be available 24 hours a day, 7 days a week, 52 weeks a year.
The Website shall meet industry standard accessibility service levels and shall operate on
all major modern browser platforms. Due to various factors, users may experience system
unavailability (unscheduled downtime). In the event that unscheduled downtime exceeds
4 hours a month, during normal business operation hours (9:OOAM to S:OOPM EST Monday
to Friday, holidays excepted), or unscheduled downtime exceeds 8 hours outside normal
business hours (9:OOAM to 5:OOPM EST Monday to Friday, holidays included), DocuPet will
provide the Organization with a remediation plan. Three consecutive months of greater
than 4 hours of downtime, during normal business operation hours (9:OOAM to S:OOPM
EST Monday to Friday, holidays excepted), or 8 hours outside of normal business hours,
will be grounds for immediate contract termination. Unscheduled downtime instances will
be reported to the Organization on demand and quarterly.
h. Control of Website
The Website and all content on the Website shall at all times be under the control and at
the discretion of DocuPet.
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SCHEDULE B
to Pet Licensing Services Agreement
DOCUPET GENERAL TERMS AND CONDITIONS
1. DEFINITIONS
a. Defined Terms as used in this Agreement:
"Confidential Information" means all confidential Information (including confidential,
proprietary, trade secret, scientific, technical or business know-how or Information of a
Party) which is disclosed by or at the direction of one Party to the other Party and
designated as "confidential information" in connection with this Agreement.
"DocuPet Owned Work" means any and all materials, information, inventions, methods,
procedures, technology, know-how, data and other Intellectual Property Rights owned or
developed by DocuPet whether prior to, during or after the Term, including the Website,
the Software and all information and data relating to the Optional Services.
"DocuPet Personnel" means partners, employees and independent contractors of DocuPet
and its approved subcontractors assigned to perform the Services pursuant to this
Agreement.
"Including" and its derivatives (such as "include" and "includes") mean including without
limitation. This term is as defined, whether or not capitalized in this Agreement.
"Intellectual Property Rights" means, on a worldwide basis, any and all:
• Rights associated with works of authorship, including copyrights, moral rights and
mask -works;
• Marks;
• Trade secret rights;
• Patents, designs, algorithms and other industrial property rights;
• Other intellectual and industrial property rights of every kind and nature, however
designated, whether arising by operation of law, contract, or otherwise; and
• Registrations, initial applications, renewals, extensions, continuations, divisions or
reissues thereof now or hereafter in force (including any rights in any of the
foregoing).
"Law" means:
• Any statute, regulation, by-law, ordinance or subordinate legislation in force from
time to time to which a Party is subject, including but not limited to data protection
and privacy laws;
• The common law and the laws of equity as applicable to the Parties from
• time to time;
• Any binding order, judgement, decree, direction, policy, or rule including from a
governmental authority; or
• Any applicable industry code, policy or standard enforceable by law.
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"License Compliance Notifications" shall mean any communication sent to a Pet Owner
with information regarding the requirement to purchase a Pet Registration for a particular
Pet.
"Losses" shall mean all losses, liabilities, damages and claims, and all related costs and
expenses (including reasonable legal fees and disbursements and costs of investigation,
litigation, settlement, judgment, interest and penalties).
"Marks" means all trademarks, service marks, trade names, trade dress, symbols, logos,
designs, and other source identifiers.
"Material" means all systems, software, technology, documentation, reports, notes, tools,
methods, methodologies, processes, procedures, workflows, inventions, forms, data, data
formats, data compilations, program names, designs, drawings, videos and other material
created, furnished or made available in connection with this Agreement
"Organization Engagement Officer" has the meaning given to that term in Section
3(a).
"Organization Data" means any and all information provided by Organization to DocuPet
pursuant to or in connection with this Agreement, directly or indirectly, and whether in
printed, electronic, magnetic, optical or other form, but, for certainty, excludes any
DocuPet Owned Work and Registration Information.
"Optional Services" means additional products and services that are provided by DocuPet
to registered Pet Owners directly and not through this Agreement.
"Parties" means DocuPet and the Organization and "Party" means any one of them.
"Pet" means a dog or cat or any other animal that can be registered in accordance with the
Organization's by-laws, ordinances or regulations.
"Pet License Fee" means the Pet License Fee described in Schedule C.
"Pet Owner" means the person applying for the Pet Registration for an applicable Pet.
"Pet Registration" means the registration issued or renewed according to the
Organization's by-laws, ordinances or regulations to a Pet Owner for a particular period.
"Pet Tag" means a metal identification tag to be worn by a Pet that is marked with required
information related to a Pet Registration.
"Postage" means costs incurred by DocuPet in packaging and delivering material to Pet
Owners in connection with the Services including labor.
"Services" has the meaning given to that term in Schedule A.
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"Software" means the software application provided through the Website, which among
other things, stores the Registration Information and provides authorized access thereto
through the Internet.
"Standard Fees" has the meaning given to that term in Schedule C.
"Term" has the meaning given to that term in Section 5.
"Website" means the Internet website "www.DocuPet.com" and associated web pages.
b. Other Terms.
i. Other terms used in this Agreement are defined where those are used and have the
meanings there indicated.
ii. Those terms, acronyms and phrases utilized in the IT services industry or other pertinent
business context shall be interpreted in accordance with their generally understood
meaning in such industry or business context.
2. DOCUPET SERVICES
a. Provision of Services. During the Term, DocuPet will perform the Services in a competent, careful
and professional manner in accordance with the terms and conditions of this Agreement and
shall ensure that all of its employees, representatives and subcontractors delivering Services
act in a professional and businesslike manner appropriate for the provision of a public service.
b. Use of Subcontractors
i. DocuPet shall not be entitled to delegate or subcontract any of its obligations under this
Agreement without the Organization's prior written approval which shall not be
unreasonably withheld. Notwithstanding DocuPet's use of subcontractors, the
Organization's sole point of contact regarding the Services shall remain DocuPet.
c. Facilities and Assets
i. Except as otherwise specified, or as otherwise mutually agreed, all of the Services shall be
provided from DocuPet facilities. DocuPet shall be responsible for providing all office space
and associated utilities, office furniture and supplies, and workstation equipment and
software, as required to perform such Services. In the event that DocuPet is required to visit
an Organization's facility, the Organization shall provide a safe workspace that has computer
access and internet connectivity and access to such Organization personnel as DocuPet
reasonably requires to accomplish the work to be performed at the Organization's facilities.
d. DocuPet Methodologies, Tools and Training
DocuPet hereby reserves to itself all rights to use such languages, tools, methodologies and
practices as it determines in its sole discretion to make, have made, use, copy, display,
operate, maintain, develop, support, modify, enhance and prepare derivative works
relating to the DocuPet Owned Work and any other existing or future systems, software or
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technology owned, or operated by or on behalf of DocuPet. For certainty, DocuPet may
add features, upgrades and content to the Website, Software or other DocuPet Owned
Work, consistent with the terms and intent of this Agreement and without the consent of
the Organization.
3. ORGANIZATION RESPONSIBILITIES
a. Organization Engagement Officer
i. The Organization will assign an officer who will serve as the Organization's primary point of
contact with DocuPet for all matters pertaining to the launch of the Services (the
"Organization Engagement Officer"). The Organization Engagement Officer will be
responsible and authorized to make decisions as required.
ii. The Organization Engagement Officer will be responsible for ensuring that all Organization
staff or authorized contractors are fully trained regarding the use of the DocuPet Website
after the launch of the Services.
iii. The Organization Engagement Officer will be responsible for ensuring that all Organization
staff or authorized contractors attend all scheduled meetings and provide all necessary
information and materials to ensure the Services can be launched on schedule.
b. DocuPet Policies
i. The Organization agrees to abide by all reasonable use, security and other policies in
respect of the Services, including policies that apply to the access of the Website and the
Software as established and amended by DocuPet from time to time. The Organization shall
also train and require its employees, contractors and volunteers to abide by such policies
and oversee compliance.
c. Data Provision
i. The Organization shall provide no less than three years' of Pet Registration data at least six
weeks prior to the launch of the Services in a formatted manner acceptable to DocuPet.
ii. The Organization shall also provide complete GIS address data, including latitude and
longitude information, for the geographic region that it serves. This data must be provided
at least six weeks prior to the launch of the Services.
iii. The Organization will be required to review data once added to the Software prior to the
launch of the Services for accuracy and completeness prior to the launch of the Services.
iv. The Organization shall provide any Pet Registration data created or altered in the weeks
leading up to the launch of the Services in a formatted manner acceptable to DocuPet that
is exclusive to these records only within 10 days after the launch of the Services.
v. Any Pet Registration data provided by the Organization at any time that is determined to
be inaccurate by DocuPet must be rectified by the Organization at its own cost within 10
days of notice by DocuPet.
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4. FINANCIAL MATTERS
a. Pet Registration Fees and Standard Fees
i. DocuPet shall be entitled to receive from the Organization the standard fees set out in Table
1.2 in Schedule C (the "Standard Fees").
b. Collection and Allocation of Fees
i. Fees under this Agreement shall be collected as follows:
1. The Organization and other Organization contractors may collect Pet License Fees
through "offline" transactions; and
2. DocuPet may collect the Pet License Fees through the Website.
ii. Pet License Fees shall be allocated between the Parties as follows:
1. DocuPet shall pay the Organization all Fees collected through the
Website, less all Standard Fees payable to DocuPet, which will be paid to the
Organization by DocuPet coinciding with the issuing of the monthly invoice
contemplated by Section 4(d).
2. The Organization shall pay DocuPet any Standard Fees associated with the
Organization's or any Organization contractor's sale of Pet Registrations.
iii. Except as contemplated in this Section 4(b), the Organization shall not be entitled to any
payments of any kind from DocuPet.
c. Invoicing and Payment of Fees
i. Within 15 days of the end of each calendar month, DocuPet shall render in arrears a single
invoice for the aggregate amount of the Standard Fees (and all applicable taxes on the
foregoing) deducted from the Pet License Fees collected by DocuPet through the Website
during the month just ended. Each such invoice shall include:
1. All Pet License Fees collected by DocuPet for the month;
2. The aggregate number of Pet Registrations applied for through the
Website for the month;
3. The aggregate amount of the Standard Fees (and taxes), retained by
DocuPet for the month; and
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4. The aggregate amount paid to the Organization as a result of the sale of Pet
Registrations on the Website during the applicable month.
ii. Within 10 days of receipt of the invoice set out in 4(c), the Organization shall review the
invoice and reply, via email, that the invoice is accurate and valid. In the event that the
invoice requires revision the Organization will communicate this, via email, to DocuPet. If
DocuPet is in agreement with the suggested revisions a revised invoice will be issued for
review and approval by the Organization
iii. Statements for Standard Fees and all applicable taxes shall be paid at the time of issuance
of the invoice provided for in Section 4(c) out of the Pet License Fees collected by DocuPet.
In the event that the revenues collected by DocuPet through the Website are insufficient
to cover the amounts payable to DocuPet by the Organization in any given month, the
outstanding amount set out in the invoice shall be payable no later than 30 days following
the date of the applicable invoice.
d. Accountability
DocuPet shall maintain complete and accurate records of the Services provided and
supporting documentation for the amounts billed to and payments made by the
Organization in connection with this Agreement. DocuPet agrees to provide the
Organization with documentation and other information with respect to each invoice as
may be reasonably requested by the Organization to verify accuracy and compliance with
the provisions of this Agreement.
ii. All records relating to the provision of the Services pursuant to this Agreement shall be
retained for a minimum of 24 months or in accordance with legislative requirements,
whichever is longer. These records shall be made available to the Organization upon
reasonable request.
5. TERM
a. The term of this Agreement will commence on the Effective Date and, unless terminated earlier
in accordance with this Agreement, shall continue for an initial period of three (3) years (the
"Term"). Thereafter, the Term will automatically renew for successive one (1) year periods
(each a "Renewal Period"), but not to exceed five (5) years in the aggregate, subject to the
Organization's and DocuPet's right to terminate at the end of the initial Term or any Renewal
Period by providing the other party with not less than 90 days prior written notice.
6. INTELLECTUAL PROPERTY
a. Organization IP
Nothing herein transfers to DocuPet any right, title, or interest of Organization in or to any
Organization Data or Confidential Information. DocuPet agrees that as between DocuPet
and Organization, all right, title and interest in Organization Data and other Confidential
Information of Organization including Intellectual Property Rights therein will remain with
the Organization.
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b. DocuPet IP
i. As between DocuPet and Organization, DocuPet or its licensors own and reserve all right,
title and interest in and to the DocuPet Owned Work, DocuPet Marks, the Services and all
hardware, Software and other items used to provide the Services, other than such rights to
use those as may be explicitly granted to Organization in this Agreement. No title to or
ownership of any DocuPet Owned Work or proprietary rights related to the Services is
transferred to Organization pursuant to this Agreement or any transaction contemplated
by this Agreement. All rights not explicitly granted to the Organization are reserved by
DocuPet.
c. Use of Marks
i. During the Term, DocuPet shall be entitled to include the Organization's name and logo on
(a) the Website; and (b) DocuPet's promotional materials; provided that DocuPet shall
comply with all reasonable written usage policies communicated by the Organization to
DocuPet from time to time, including the use of proper notices and legends.
7. CONFIDENTIALITY
a. Duties of Confidentiality
Each Party agrees to maintain the confidentiality of the other Party's Confidential
Information and to use such Confidential Information only as expressly authorized under
this Agreement. For the purposes of this Section 7(a), the Party providing Confidential
Information shall be referred to as the "Disclosing Party" and the Party receiving
Confidential Information shall be referred to as the "Recipient".
ii. Without limiting the generality of the foregoing and subject to the provisions of applicable
Laws, the Recipient shall, both during the Term and at any time thereafter, (a) not disclose
any of the Disclosing Party's Confidential Information to any person other than for the
express purposes set out in this Agreement, without the Disclosing Party's prior written
consent, (b) not disclose the Disclosing Party's Confidential Information to any person other
than its affiliates and its and their consultants, professional advisors, independent
contractors, outsourcers and other service providers for the purpose of providing them, or
any of them, services or who have a need to know, (c) not reproduce all or any part of the
Disclosing Party's Confidential Information or make any derivative work based upon or
derived from the Disclosing Party's Confidential Information without the prior written
consent of the Disclosing Party, (d) comply with all of the Disclosing Party's policies,
standards, requirements and specifications that are provided to the Recipient in writing in
relation to the use and storage of Confidential Information disclosed to the Recipient; (e)
not remove, alter, cover or obfuscate any proprietary notice, including any Intellectual
Property Right legend on any of the Disclosing Party's Confidential information.
b. Excluded Information
i. The obligations of confidentiality of the Recipient in Section 7(a) shall not extend to
information that the Recipient can establish by written evidence, (a) is or becomes publicly
known through no wrongful act of the Recipient; (b) is properly made available to the
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Recipient without confidential or proprietary restriction from a source other than the
Disclosing Party; (c) the Recipient can show was rightfully in its possession without
obligation of confidentiality; (d) the Information was approved by the Disclosing Party for
disclosure in a written document signed by a senior officer of the Disclosing Party; (e) is
required to be disclosed by Law as determined by the Recipient's legal counsel, provided
that Recipient will take all available reasonable means not to disclose any Confidential
Information of the Disclosing Party without its consent or prior disclosure to the Disclosing
Party, unless precluded by Law from doing so, and will only disclose the minimum amount
of Confidential Information compelled by law; or (f) is independently developed.
c. Privacy
In addition to DocuPet's confidentiality obligations under Section 7(a), DocuPet will collect,
use, store, disclose and dispose of and otherwise handle personal information collected or
accessible to DocuPet in accordance with all applicable privacy Laws and ensure that
personal information is not handled other than as permitted hereunder or as otherwise
agreed to by the Parties in writing.
ii. Notwithstanding the foregoing, DocuPet shall be entitled to disclose or use Registration
Information to the extent that the individual who provided the Registration Information
has consented to such use and disclosure in accordance with all applicable Laws.
d. Acknowledgement
The Recipient acknowledges and agrees that any violation of the provisions of this Section
7 may cause irreparable damage or injury to the Disclosing Party, the exact amount of which
may be impossible to ascertain, and that, for such reason, the Disclosing Party shall be
entitled to obtain interim, interlocutory, and final injunctive relief restraining Recipient
from breaching, and requiring Recipient to comply with, its obligations under this Section
7. Recipient hereby acknowledges the importance to Disclosing Party of the strict
compliance with the provisions of this Section 7 and acknowledges that the Disclosing
Party's interest in the strict enforcement thereof will outweigh the balance of convenience
or harm which Recipient may suffer as a result of the strict enforcement of this section.
e. Reporting
i. Each Party will promptly report to the other Party any actual or suspected violation of the
terms of this Section 7 and will take all reasonable further steps requested by the other
Party to prevent, control or remedy any such violation.
8. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY
a. Warranties
i. DocuPet represents and warrants that:
1. it is competent to perform the Services;
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2. it has the necessary qualifications, including knowledge, skill and experience to
perform the Services, together with the ability to use those qualifications effectively
for that purpose;
3. the Software used in connection with the performance of the Services, does not
infringe any Intellectual Property Right of any third -party, or contain confidential or
proprietary material misappropriated by DocuPet from any third -party. The foregoing
warranty will not apply to the extent infringement is caused by (a) modifications of the
Software or the Website by a party other than DocuPet or its subcontractors, agents or
representatives, (b) the combination of the Software with software or other items or
products not provided or recommended by DocuPet, or (c) designs, specifications or
instructions provided by or at the direction of the Organization (as opposed to the
manner in which such designs, specifications or instructions are implemented by
DocuPet).
ii. The Organization represents and warrants to DocuPet that this Agreement is binding and
enforceable in accordance with its terms under the Laws of the jurisdiction in which the
Organization is located.
b. Warranty Disclaimer
i. OTHER THAN AS PROVIDED IN THIS AGREEMENT, THERE ARE NO EXPRESS WARRANTIES
AND THERE ARE NO IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
c. Limitation of Liability
i. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, INCIDENTAL,
INDIRECT, SPECIAL OR UNFORESEEABLE CONSEQUENTIAL DAMAGES OF THE OTHER PARTY
ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, BASED UPON BREACH OF
CONTRACT OR BREACH OF WARRANTY.
ii. DOCUPET TOTAL LIABILITY TO THE ORGANIZATION IN CONNECTION WITH THIS
AGREEMENTIN CONTRACT SHALL BE LIMITED TO THE TOTAL FEES PAID TO DOCUPET
UNDER THIS AGREEMENT. THE LIMITATIONS SET FORTH IN THIS SECTION 8(c)
SHALL NOT APPLY WITH RESPECT TO: (A) DAMAGES OCCASIONED BY
THE NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY, (B)
DAMAGES OCCASIONED BY THE IMPROPER OR WRONGFUL TERMINATION OF THIS
AGREEMENT, or (C) DAMAGES OCCASIONED BY A PARTY'S BREACH OF SECTION 6 OR
SECTION 7.
9. TERMINATION
a. Either party may terminate this agreement at anytime with or with cause with ninety (90) days
written notification to the other party.
b. Should either party be in breach of its covenants or undertakings under this Agreement, which
remains un-rectified for a period of 30 days following written notification of such breach (or if
such breach cannot be remedied within 30 days, the party in breach has not diligently
commenced steps to remedy the breach within 30 days), the party not in breach may, at its
Page 17 of
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option and without prejudice to any other rights or remedies it might have, immediately
terminate this Agreement.
c. Organization Data and Registration Information, including all copies thereof, shall be returned
to the Organization within thirty (30) days following the termination of this Agreement. The
Organization Data will be made available to the Organization for download in a commonly
accessible file format such as comma separated value format (.csv). DocuPet shall also eliminate
all Organization Data and Registration Information otherwise retained in the system maintained
for the Organization under this Agreement in a manner satisfactory to the Organization.
10. FORCE MAJEURE
a. Neither Party shall be liable for any default or delay in the performance of its obligations under
this Agreement:
i. if and to the extent such default or delay is caused by fire, flood, earthquake, elements of
nature or acts of God, riots, terrorism, civil disorders, rebellions or revolutions in any
country, or any other cause beyond the reasonable control of such Party; and
ii. provided the non -performing Party is without fault in causing such default or delay, and
such default or delay could not have been prevented by reasonable precautions and cannot
be circumvented by the non -performing Party through the use of commercially reasonable
alternate sources, work -around plans or other means.
b. The affected Party will promptly notify the other Party of the circumstances causing its delay
or failure to perform and of its plans and efforts to implement a work -around solution. For as
long as such circumstances prevail, the Party whose performance is delayed or hindered will
continue to use all commercially reasonable efforts to recommence performance without
delay.
11. INSURANCE AND INDEMNITIES
a. Insurance
DocuPet shall at its own expense obtain and maintain during the Term the following
insurance:
1. Commercial general liability insurance on an occurrence basis for an amount of not less
than Two Million Dollars ($2,000,000) with respect to DocuPet's operations, acts and
omissions relating to its obligations under this Agreement.
2. Automobile liability insurance for an amount not less than Two
Million Dollars ($2,000,000) covering all vehicles hired or leased by DocuPet and used
in any manner in connection with the performance of the Services.
DocuPet also shall at all times during the performance of this Agreement provide
insurance as described in the attached Insurance Schedule.
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ii. The Organization shall be named as an additional insured in the commercial general liability
policy. A copy of the certificate of insurance will be provided to the Organization.
iii. DocuPet shall be entirely responsible for the cost of any deductible that is maintained in
any insurance policy.
iv. DocuPet shall not commence work under this Agreement until such time as it has obtained
insurance in accordance with Section 11(a)(i). Upon the request of the Organization,
DocuPet shall provide the Organization with evidence of the policies DocuPet is required to
maintain under 11(a)(i).
If DocuPet fails to maintain insurance as required by this Agreement, the Organization shall
have the right to provide and maintain such insurance and give evidence to DocuPet.
DocuPet shall pay the cost thereof to the Organization on demand.
b. Indemnity By DocuPet
DocuPet will indemnify, defend and hold harmless the Organization its officers, directors,
employees, agents, representatives, successors, and assigns, from any and all Losses
arising from any of the following:
1. Any third -party claim resulting from the wrongful or negligent acts or omissions of
DocuPet, its representatives, contractors or agents; and
2. Any breach of any representation, warranty or covenant of DocuPet set out in this
Agreement; and
3. To the degree to which any losses or allegations relate to actions or omissions of
DocuPet which are proven in a court having jurisdiction over such matters.
c. Indemnity By the Organization
The Organization will indemnify, defend and hold harmless DocuPet, its officers, directors,
employees, agents, representatives, successors, and assigns, from any and all Losses arising
from any of the following:
1. Any third -party claim resulting from the wrongful or negligent acts or omissions of the
Organization, its representatives, contractors or agents; and
2. Any breach of any representation, warranty or covenant of the
Organization set out in this Agreement; and
3. To the degree to which any losses or allegations relate to actions or omissions of the
Organization which are proven in a court having jurisdiction over such matters.
12. DISPUTE RESOLUTION
a. Any dispute between the Parties arising out of or relating to this Agreement, including with
respect to the interpretation of any provision of this Agreement and with respect to the
performance by DocuPet or the Organization, shall be resolved as provided in this Section 12.
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Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to
resolve their dispute informally, as follows:
Upon the written request of a Party, each Party shall appoint a designated representative
whose task it will be to meet for the purpose of endeavoring to resolve such dispute. The
designated representatives shall meet as often as the Parties reasonably deem necessary
in order to gather and furnish to the other all information with respect to the matter in
issue which the Parties believe to be appropriate and germane in connection with its
resolution. The representatives shall discuss the problem and attempt to resolve the
dispute without the necessity of any formal proceeding. During the course of discussion,
all reasonable requests made by one Party to another for non -privileged information,
reasonably related to this Agreement, shall be honored in order that each of the Parties
may be fully advised of the other's position. The specific format for the discussions shall be
left to the discretion of the designated representatives.
b. Formal proceedings for the resolution of a dispute may not be commenced until the earlier of:
i. the designated representatives concluding in good faith that amicable resolution through
continued negotiation of the matter does not appear likely; or
ii. thirty (30) days after the initial written request to appoint a designated representative
pursuant to Section 12(a) above (this period shall be deemed to run notwithstanding any
claim that the process described in this Section 12 was not followed or completed).
c. This Section 12 shall not be construed to prevent a Party from instituting, and a Party is
authorized to institute, formal proceedings earlier to (a) avoid the expiration of any applicable
limitations period, (b) preserve a superior position with respect to other creditors, or (c) obtain
a temporary restraining order or other injunctive relief.
d. Each Party agrees to continue performing its obligations under this Agreement while any
dispute is being resolved unless and until such obligations are terminated by the termination
or expiration of this Agreement.
13. GENERAL
i. The Agreement and performance under it will be governed by and construed in accordance
with the Laws of the State of Iowa. Jurisdiction and venue for any actiong arising out of
this Agreement shall be exclusively in the Iowa District Court for Dubuque County, Iowa.
DocuPet is performing the Services as an independent contractor. DocuPet has the sole
right and obligation to supervise, manage, direct, and perform all work to be performed by
its personnel under this Agreement. Persons who perform the Services are employees of
DocuPet (or its subcontractors) and DocuPet will be solely responsible for payment of
compensation to such persons and for any injury to them in the course of their
employment. DocuPet will assume full responsibility for payment of all taxes, withholdings
and contributions required in respect of its employees.
Page 160 of 525
City of Dubuque Insurance Requirements for Technology Professional Liability
c. No Waiver of Default
i. No waiver will be effective unless in writing signed by an authorized representative of the
Party against which enforcement of the waiver is sought. Neither the failure of either Party
to exercise any right of termination, nor the waiver of any default will constitute a waiver
of the rights granted in this Agreement with respect to any subsequent or other default.
d. Remedies Cumulative
i. All remedies specified in this Agreement will be cumulative and in addition to any other
remedies available under this Agreement or at Law or in equity.
e. Assignment
i. DocuPet may not assign, transfer or otherwise convey or delegate any of its rights or duties
under this Agreement to any other Party without the prior written consent of the
Organization, such consent not to be unreasonably withheld. This Agreement shall be
binding upon the respective successors and permitted assigns of the Parties.
f. Notices
All notices, requests and demands, other than routine communications under this
Agreement, will be in writing and will be deemed to have been duly given when delivered,
or when transmitted by fax or email (with a copy provided by another means specified in
this Section 13(f)), or one (1) business day after being given to an overnight courier with a
reliable system for tracking delivery, or five (5) business days after the day of mailing, when
mailed by mail, registered or certified mail, return receipt requested, postage prepaid, and
addressed as follows:
1. In the case of DocuPet, to:
15 Technology Place, Suite 1
East Syracuse, NY 13057
Attention: Chief Executive Officer
Email: grant.goodwin@docupet.com
2. In the case of the Organization, to the address set out on page 2 of this Agreement.
ii. Either Party may from time to time change the individual(s) to receive notices under this
Section 13(f) and its address for notification purposes by giving the other prior written
notice of the new individual(s) and address and the date upon which the change will
become effective.
g. Interpretation
i. Unless the context otherwise requires, words importing the singular include the plural and
vice versa, and words importing gender include all genders. References to articles and
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sections shall be references to articles and sections of this Agreement, unless otherwise
specifically stated.
ii. The section headings in this Agreement are intended to be for reference purposes only and
shall in no way be construed to modify or restrict any of the terms or provisions of this
Agreement.
..�-OV I It
The Agreement may be executed in one or more counterparts, each of which will be
deemed to be an original, but all of which will together constitute one and the same
agreement.
i. If any provision of this Agreement is held invalid by a court with jurisdiction over the Parties
to this Agreement, such provision will be deemed to be restated to reflect as nearly as
possible the original intentions of the Parties in accordance with applicable Law, and the
remainder of this Agreement will remain in full force and effect.
i. Any provision of this Agreement, which contemplates performance subsequent to any
termination or expiration of this Agreement, will survive any termination or expiration of
this Agreement and continue in full force and effect.
This Agreement (including any Schedules referred to herein and attached hereto) contains
the entire agreement of the Parties and supersedes all prior agreements and
representations, whether written or oral, with respect to the subject matter of this
Agreement. Modification or amendment of this Agreement, or any part of this Agreement,
may be made only by a written instrument executed by authorized representatives of both
Parties.
i. Each party shall fully comply with all applicable Laws including those Laws regarding data
protection, public corruption, non-discrimination in employment, occupational health and
safety, accessibility, and environmental protection.
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Schedule C
1. PET LICENSE FEES
Table 1.1 outlines the current Pet License Fee schedule for dogs and cats within the Organization in the
local currency of the Organization. Pet License Fees are set by the Organization and are subject to change
at any time at the direction of the Organization. Pet License Fee changes require time for implementation,
testing, and communications updates. As such, 45 days' notice is required for Pet License Fee changes.
Table 1.1— Pet License Fee Schedule for the Organization
Registration Type
Duration
Cost
Dog unaltered
1 yr
$34
Dog altered
1 yr
$14
Cat unaltered
1yr
$34
Cat altered
1 yr
$14
Late fee
$16
Processing Convenience Fee
NA
TBD
Direct Donation
NA
Variable
2. STANDARD FEES
The Standard Fees set out in Table 1.2 are to be paid to DocuPet without the prior written approval of the
Organization.
Table 1.2 — Listing of DocuPet's Standard Fees
ITEM
FEE PAYABLE BY THE
ORGANIZATION
(in $USD funds)
Start -Up Fee
$0/one time
One time ment due at the launch of a program that covers the involved
DocuPet labor in developing and implementing the solution.
Monthly Fee
$1403 /month
Monthly fee for provision of the Services.
Online Credit Card Processing Fee (applicable for all Pet Registrations sold via
2.65% of the Pet
the Website)
License Fees in each
transaction plus $0.25
for each transaction
including
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City of Dubuque Insurance Requirements for Technology Professional Liability
at least one Pet License
Fee
Variable or Optional Fees
Software Customization Fee
Variable
• Project based fee to be determined based on the requirements and
project -based fee as
estimated work effort.
defined
Add Mailed License Compliance Notification Fee
$1.50 per mailing
• This may include mailings related to received records without licenses,
citation -related communications, canvassing visit follow-ups, and
additional reminders to delinquent pet owners.
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City of Dubuque Insurance Requirements for Technology Professional Liability
INSURANCE SCHEDULE K
DocuPet shall furnish annually 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. Providers 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. Each certificate shall include a statement
under Description of Operations as to why issued. Agreement dated
2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and
all carriers 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 minimum coverage 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. 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 insurances 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
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.
7. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the provider
identifying and listing in writing all deviations and exclusions that differ from the ISO form.
8. Provider shall be required to carry the minimum coverage/limits, or greater if required by law or other
legal agreement, in Exhibit I. If provider's limits of liability are higher than the required minimum limits
then the provider's limits shall be this agreement's required limits.
Whenever an ISO form is referenced the current edition of the form must be used.
10. 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.
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 25 of Schedule K Technology Professional Liability Revised December 2024
Page 165 of 525
City of Dubuque Insurance Requirements for Technology Professional Liability
INSURANCE SCHEDULE K (continued)
FYWIRIT I
A) TECHNOLOGY PROFESSIONAL LIABILITY $5,000,000
Yes No
Coverage to include:
1) Errors and omissions, lost data and restoration and damages arising from
incidents resulting from a failure of computer security to prevent a security
breach.
2) Libel, slander, defamation, product disparagement, false arrest, detention,
imprisonment, invasion of, or interference with right of privacy, plagiarism, piracy,
misappropriation of name or idea, trespass, dilution or infringement of copyright, title,
slogan, trademark, trade name, trade dress, logo, service mark or service name, and
infliction of mental or emotion illness, anguish injury or distress from the incidences
mentioned here in.
3) The unauthorized taking or use or unintentional disclosure of Personally Identifiable
Information or a confidential and proprietary business trade secret.
4) The unintentional failure to timely disclosed an unauthorized taking or use or
disclosure of Personally Identifiable Information in violation of any Breach
Notification law.
5) The unintentional violation of the named insured's privacy policy that directly
results in a violation of any privacy law.
a) Provide evidence of coverage for 5 years after completion of project.
B) CYBER LIABILITY/ DATA BREACH $1,000,000
Coverage for First and Third Party breach liability including by not limited to lost data and
restoration, loss of income and cyber breach.
Page 26 of
Page 166 of 525
Dubuque
THE CITY Of
DUB E
U mum pry
111111
2007.2012.2013
2017*2019
Masterpiece on the Mississippi
City of Dubuque
Engineering Department
City Hall, 50 W 15th Street
(address)
Dubuque, IA 52001
Phone # 563-589-4270
CITY OF DUBUQUE, IOWA
SHORT FORM
PUBLIC IMPROVEMENT CONTRACT
PROJECTS ESTIMATED AT LESS THAN $100,000.00
Check Appropriate Box
N Estimate under $25,000.00
❑ Estimate between $25,000.00 and $99,999.99
THIS PUBLIC IMPROVEMENT CONTRACT (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
R&W Restoration LLC (Contractor) at
(Contractor Name)
305 N. Kyle Ave, East Dubuque, IL 61025
(Contractor's Address - City and State)
PROJECT TITLE: 3rd & Main St. Chamber Exterior Patio Stone Veneer Remove & Replace
(Project)
For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for:
Scope of work per attached proposal, dated September 25, 2025.
The work described above shall be completed at the following location(s):
300 Main Street, Dubuque, IA
The Project shall be constructed to the meet the requirements as described in this Contract; in strict
accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque,
just as much as if the detailed statements thereof were repeated herein.
Page 167 of 525
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 Bid or procurement documentation;
• This Contract;
• All ordinances and resolutions heretofore adopted by the City Council having to do with the Project;
• The Contractor's Bid or procurement documentation;
• Consent Decree Certification Form, if applicable (Exhibit A);
• Bond Form, if applicable (Exhibit B);
• Plans and Specifications;
• SUDAS Standard Specifications (Current Edition) including but not limited to Division 1: General
Provisions and Covenants and the City of Dubuque Supplemental Specifications — Division 1
(Current Edition);
• General Requirements as adopted by the City Council for the Project;
• Insurance Schedule F (Exhibit C); and
• Other
Is the project over $25,000.00?
❑ Yes N No
If yes, Bond Form is required, see Exhibit B.
3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put
in place to the satisfaction of the City Manager.
4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any
of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the
satisfaction of the City Manager at the cost and expense of the Contractor.
5. Three (3%) of the Contract price may be retained by the City for a period of thirty (30) days after final
completion and acceptance of the Project by the City Manager to pay any claim that may be filed within
said time for labor and materials done and furnished in connection with the performance of this Contract
and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter
573. The City shall also retain additional sums to protect itself against any claim that has been filed
against it for damages to persons or property arising through the prosecution of the work and such sums
shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of.
6. The Contractor has read and understands the Contract and the project description described in Section
1 and the Contract Documents outlined in Section 2 and agrees not to plead misunderstanding or
deception.
7. The Contractor shall guarantee for a period of two years and make good any other defect in any part of
the Project due to improper construction or material performance notwithstanding the fact that said
Project may have been accepted and fully paid for by the City. The guarantee shall commence on the
date that the City pays full compensation for the complete performance of this contract.
8. The Contractor shall fully complete the Project under this Contract on or before
November 14, 2025
(DATE)
9. Indemnification from Third Party Claims; Liability for City Damage.
Page 168 of 525
A. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its
officers and employees, from and against all claims, damages, losses and expenses claimed by third
parties, but not including any claims, damages, losses or expenses of the parties to this Contract,
including but not limited to attorneys' fees, arising out of or resulting from performance of this
Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness,
disease or death, or injury to or destruction of property, including loss of use resulting therefrom, but
only to the extent caused in whole or in part by negligent acts or omissions of Contractor, or anyone
directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable,
regardless of whether or not such claim, damage, loss or expense is caused in part by a party
indemnified hereunder.
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.
10. Prior to the commencement of any work on the Project and at all times during the performance of this
Contract, the Contractor shall provide evidence of insurance which meets the requirements of the City's
Insurance Schedule F attached to this Contract as Exhibit C.
11. Contractor will comply with all federal, state, and local laws and regulations in the performance of this
Contract.
12. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice
delivered to the Contractor.
13. 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
14. The City is exempt from federal excise tax and Iowa sales tax.
15. 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 Contractor will indemnify and save harmless the City
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 any patent, copyright,
or application.
16. The Contractor agrees not to release any advertising copy mentioning the City or quoting the opinion of
any City employee without prior written authorization from the City of Dubuque.
17. Current Safety Data Sheets (SDS), when applicable to the order, will be provided by the Contractor in
accordance with all regulations.
Page 169 of 525
19. The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of
the Contractor's proposal, and are not subject to change by reason of any written or verbal statements
by the Contractor or by and terms stated in the Contractor's acknowledgment unless same be accepted
in writing by the City.
18. The City of Dubuque, State of Iowa and Department of Justice have entered into a Consent Decree
requiring the City to complete certain capital improvements pursuant to an established schedule and to
comply with certain capital improvements pursuant to an established schedule and to comply with
certain reporting and recordkeeping requirements. One of the terms of the Consent Order is for the City
to advise contractors whose duties might reasonably include compliance with any provision of the
Consent Decree with a copy of the Consent Decree. The City expects its contractors to comply with the
Consent Decree and to assist the City in complying with the Consent Decree. As a requirement of this
Contract, the Contractor shall execute and return to City Exhibit the Certification Form attached this this
Contract as Exhibit A.
THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO
THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION
SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE APPLICABLE.
❑✓ THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED
TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER
COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT
APPLICABLE.
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:
CITY OF DUBUQUE, IOWA
By , ,� L;�, 10/22/2025
Michael C. Van Milligen Date
City Manager
4,800.00
CONTRACTOR:
R&W Restoration LLC
Comoanv Name
By
Signature
f,
Rand , . llliar
Printed Name
Owner
Title
Date
Page 170 of 525
EXHIBIT A
CONSENT DECREE
RELATING TO THE
CITY OF DUBUQUE, IOWA
WATER & RESOURCE RECOVERY CENTER
AND
SEWER COLLECTION SYSTEM
NO CONTRACTOR OR CONSULTANT MAY PERFORM ANY WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SEWER CONNECTION
SYSTEM UNLESS A SIGNED COPY OF THIS DOCUMENT IS RETURNED TO THE CITY OF DUBUQUE
ENGINEERING DEPARTMENT
The City of Dubuque, Iowa has entered into a Consent Decree in the case of The United States of America,
and the State of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:1 1-cv-0101 1-EMJ, Civil Action
Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern
District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers,
directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under
contract with the City to perform the obligations of the Consent Decree.
The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to
perform work required by the Consent Decree.
A copy of the Consent Decree can be found at
http://www.citVofdubugue.org/DocumentCenter/Home/View/3173. A paper copy is available upon request
from the City of Dubuque Engineering Department.
The City must condition any contract to perform work required under the Consent Decree upon performance
of the work in conformity with the provisions of the Consent Decree.
The Consent Decree also provides that until five years after the termination of the Consent Decree, the City
shall retain, and shall instruct its contractors and agents to preserve, all non -identical copies of all documents,
reports, data, records, or other information (including documents, records, or other information in electronic
form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or
agents' possession or control, and that relate in any manner to the City's performance of its obligations under
this Consent Decree, including any underlying research and analytical data. This information -retention
requirement shall apply regardless of any contrary City, corporate or institutional policies or procedures. At
any time during this information -retention period, upon request by the United States or the State, the City
shall provide copies of any documents, reports, analytical data, or other information required to be maintained
under the Consent Decree. At the conclusion of the information -retention period, the City shall notify the
United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or
other information subject to such requirements and, upon request by the United States or the State, the City
shall deliver any such documents, records, or other information to the EPA or IDNR.
Page 171 of 525
Certification by Contractor or Consultant
The undersigned, on behalf of the Contractor or Consultant, with full authority to act on behalf of the
Contractor or Consultant, certifies to the City of Dubuque as follows:
1. 1 have received a copy of the Consent Decree in the case of The United States of America, and the State
of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action Number
2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of
Iowa.
2. All work performed will be in conformity with the provisions of the Consent Decree.
3. All documents, reports, data, records, or other information (including documents, records, or other
information in electronic form) that relate in any manner to the performance of obligations under the Consent
Decree, including any underlying research and analytical data, will be retained as required by the Consent
Decree.
The Contractor or Consultant agrees to defend, indemnify, and hold harmless the City, its officers, agents,
or employees from and against any claims, including penalties, costs and fees as provided in the Consent
Decree, relating to or arising out of the Contractor's or Consultant's failure to comply with the Consent
Decree.
Contractor or Consultant:
M
Its
Date
Return signed copy to:
Engineering Department
50 W. 13th Street
Dubuque IA 52001
Page 172 of 525
EXHIBIT B
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOW ALL BY THESE PRESENTS:
That we,
(hereinafter
Dubuque, Iowa,
any breach
to be made, we
these presents.
as Principal
the "Contractor" or "Principal") and
, as Surety are held and firmly bound unto the City of
as Obligee (hereinafter referred to as "Owner"), and to all persons who may be injured by
of any of the conditions of this Bond in the penal sum of
dollars
), lawful money of the United States, for the payment of which sum, well and truly
bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by
The conditions of the above obligations are such that whereas said Contractor entered into a contract with
the Owner, bearing date the day of , 20, (hereinafter the "Contract")
wherein said Contractor undertakes and agrees to construct the following project in accordance with the
Contract Documents, and to faithfully perform all the terms and requirements of said Contract within the time
therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. The
Contract Documents for
Project detail the
following described improvements:
INSERT PROJECT DESCRIPTION
(Use description from Notice to Bidders)
It is expressly understood and agreed by the Contractor and Surety in this Bond that the following provisions
are a part of this Bond and are binding upon said Contractor and Surety, to -wit:
PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each
and every covenant, condition, and part of said Contract and Contract Documents, by reference made
a part hereof, for the project, and shall indemnify and save harmless the Owner from all outlay and
expense incurred by the Owner by reason of the Contractor's default of failure to perform as required.
The Contractor shall also be responsible for the default or failure to perform as required under the
Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees
furnishing materials or providing labor in the performance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing
labor in the performance of the Contract on account of which this Bond is given, including but not
limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on
machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein
the same are not satisfied out of the portion of the contract price the Owner is required to retain until
completion of the improvement, but the Contractor and Surety shall not be liable to said persons,
firms, or corporations unless the claims of said claimants against said portion of the contract price
shall have been established as provided by law. The Contractor and Surety hereby bind themselves
to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference
is made a part hereof as though fully set out herein.
Page 173 of 525
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense:
A. To remedy any and all defects that may develop in or result from work to be performed under
the Contract Documents within the period of two (2) year(s) from the date of acceptance of the
work under the Contract, by reason of defects in workmanship, equipment installed, or materials
used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any defects
are remedied, and to repay the Owner all outlay and expense incurred as a result of Contractor's
and Surety's failure to remedy any defect as required by this section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or materials not
discovered or known to the Owner at the time such work was accepted.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary
notwithstanding, to the following provisions:
A. To consent without notice to any extension of time authorized in approved change orders to the
Contractor in which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents, authorized in
approved change orders which thereby increases the total contract price and the penal sum of
this Bond, provided that all such changes do not, in the aggregate, involve an increase of more
than twenty percent (20%) of the total contract price, and that this Bond shall then be released
as to such excess increase;
C. To consent without notice that this Bond shall remain in full force and effect until the Contract is
completed, whether completed within the specified contract period, within an extension thereof,
or within a period of time after the contract period has elapsed and the agreed damage penalty
is being charged against the Contractor.
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary
notwithstanding, to the following provisions:
D. That no provision of this Bond or of any other contract shall be valid that limits to less than five
(5) years after the acceptance of the work under the Contract the right to sue on this Bond.
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but
shall include the actual and reasonable costs and expenses incurred by the Owner including
interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would
include but not be limited to all contract or employee expense, all equipment usage or rental,
materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's
staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is
intended the Contractor and Surety will defend and indemnify the Owner on all claims made
against the Owner on account of Contractor's failure to perform as required in the Contract and
Contract Documents, that all agreements and promises set forth in the Contract and Contract
Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner
will be fully indemnified so that it will be put into the position it would have been in had the
Contract been performed in the first instance as required.
Page 174 of 525
In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to which the
Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the
Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the
promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will
make the Owner whole for all such outlay and expense, provided that the Surety's obligation under this Bond
shall not exceed one hundred twenty-five percent (125%) of the penal sum of this Bond.
In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue
thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner to enforce the
provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Owner, the Contractor
and the Surety agree, jointly, and severally, to pay the Owner all outlay and expense incurred therefor by the
Owner. All rights, powers, and remedies of the Owner hereunder shall be cumulative and not alternative and
shall be in addition to all rights, powers, and remedies given to the Owner, by law. The Owner may proceed
against surety for any amount guaranteed hereunder whether action is brought against the Contractor or
whether Contractor is joined in any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the
promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this
Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this
Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract
Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if
not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning
in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it
shall be interpreted or construed according to its common or customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability
hereunder. The Contract and Contract Documents are hereby made a part of this Bond.
Project No.
Witness our hands, this day of _
SURETY COUNTERSIGNED BY:
Signature of Agent
Printed Name of Agent
Company Address
City, State, Zip Code
Company Telephone Number
PRINCIPAL:
Contractor
, 20_
By:
Signature
Printed Name
Title
FORM APPROVED BY:
Representative for Owner
Page 175 of 525
SURETY:
Surety Company
By:
Signature Attorney -in -Fact Officer
Printed Name of Attorney -in -Fact Officer
Company Name
Company Address
City, State, Zip Code
Company Telephone Number
Page 176 of 525
NOTE:
2
3
All signatures on this performance, payment, and maintenance Bond must be
original signatures in ink; copies, facsimile, or electronic signatures will not be
accepted.
This Bond must be sealed with the Surety's raised, embossing seal.
The name and signature of the Surety's Attorney-in-Fact/Officer entered on this
Bond must be exactly as listed on the Certificate or Power of Attorney accompanying
this Bond.
Page 177 of 525
Class A -
Class B:
Class C:
EXHIBIT 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
Masonry
Rough Carpentry
Doors, Window &
Vehicular Snow
Stump Grinding
Glazing
Removal
Tank Coating
Drywall Systems
Painting & Wall
Tree Removal
Fertilizer Application
Covering
Tree Trimming
Geotech Boring
Pest Control
Tuckpointing
Insulation
Scaffolding
Waterproofing
Finish Carpentry
Sidewalks
Well Drilling
Landscaping
Plastering
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 178 of 525
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 # 5521000052 Project
name: 3rd & Main Chamber Ext Patio Stone Veneer or Project Location at 300 Main Street, Dubuque, IA or
construction of 3rd & Main St. Chamber Exterior Patio Stone Veneer Remove & Replace
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 Engineering 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 179 of 525
A)
B)
INSURANCE SCHEDULE F (continued)
EXHIBIT I
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.
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.
Page 180 of 525
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.
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 PCB's. Pollution product and complete operations coverage shall also be covered.
Each Occurrence $2,000,000
Page 181 of 525
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
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 182 of 525
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
Page 183 of 525
PROPOSAL
JOB NAME: Chamber Patio
Stone Veneer Remove Replace
LOCATION: 300 Main St.
Dubuque, IA 52001
PHONE: 563-589-425-4270
DATE: Sept. 25, 2025
R & W RESTORATION LLC
305 N. Kyle Ave.
E. Dubuque, IL 61025
563-543-4887 ( RANDY)
willy5861@vahoo.com
ATTENTION: BOB SCHIESL
1.) We will remove top course of stone at 300 Main St. Dubuque
2.) We will relay stone after concrete is poured and set.
3.) All clean up and debris will be disposed of by contractor.
SIGNATURE DATE TOTAL DUE: $4,800.00
Page 184 of 525
Dubuque
THE C
DUUB--*TE
11111.1
2007.2012.2013
2017•2019
Masterpiece on the Mississippi
City of Dubuque
Fire Department
11 West 9th St, 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,
Manager by its City Council and
(Vendor) at 563 Design, PLLC
(Vendor Name)
1268 Locust Street, Dubuque, Iowa 52001
through authority conferred upon the City
(Vendor Address - City and State)
PROJECT TITLE: Station 5 Emergency Repairs
(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:
Provide Architectural Services for Bidding Documents & Construction Administration for replacement of existing stairs
(basement to main level & main level to upper floor), and create room layout within existing open sleeping room
at fire station 5
The work described above shall be completed at the following location(s):
Fire Station 5, 689 South Grandview, 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 185 of 525
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:
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 186 of 525
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 187 of 525
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 $ 12,500.00
CITY OF DUBUQUE, IOWA
By:/'�IAA4v 10/22/2025
Mi hael C. Van Mi ligen Date
City Manager
VENDOR:
563 Design PLLC
Company Name
By: Andrew McCready o ° 10/21/2025
Signature Date
Andrew McCready
Printed Name
President
Title
Page 4 of 20
Page 188 of 525
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 189 of 525
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 190 of 525
EXHIBIT D
INSURANCE SCHEDULE J
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
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.
7. 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.
8. 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.
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 agreement, subject to written mutual agreement
attached hereto.
Page 17 of 20
Page 191 of 525
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 192 of 525
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 193 of 525
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 194 of 525
�� Dubuque
THE CITY Or l \ kp r
u Auena pry
D-u-B"`VE, II II.'
2007.2012.2013
Masterpiece on the Mississippi 2017*2019
City of Dubuque
Fire Department
11 West 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 PigOtt, I nC.
(Vendor Name)
3815 Ingersoll Avenue, Des Moines, Iowa 50312
(Vendor Address - City and State)
PROJECT TITLE: Fire Administration Office Update
(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:
Purchasing and installing office furniture in the Bureau Chief of Training and Bureau Chief of EMS offices
The work described above shall be completed at the following location(s):
Fire Headquartes, 11 West 9th Street, 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 195 of 525
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
0 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 196 of 525
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 197 of 525
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 $ 23,305.72
CITY OF DUBUQUE, IOWA
By:
Ichael C. Van Mllligen
City Manager
10/22/2025
Date
VENDOR:
Pigott, Inc.
Company Name
By:
Signatur
Courtney Hackett
Printed Name
Interiors Consultant
Title
10/21 /2025
Date
Page 4 of 20 Page 198 of 525
EXHIBIT A
11114:7M6'V_1LII1Z9191LIQ111 M Z69
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 199 of 525
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 200 of 525
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
10/21 /2025
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.
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.
6. 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 201 of 525
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 202 of 525
INSURANCE SCHEDULE G (continued)
C) POLLUTION LIABILITY
Coverage required: —Yes X 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.
D) PROFESSIONAL LIABILITY $1,000,000
Coverage required: X Yes _ No
If the required policy provides claims -made coverage:
1) The Retroactive Date must be shown and must be before the date of the agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at least five (5)
years after completion of the work or services.
3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form
with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended
reporting" coverage for a minimum of five (5) years after completion of the work or services.
E) CYBER LIABILITY/BREACH $1,000,000
Coverage required: —Yes X 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.
F) UMBRELLA/EXCESS $1,000,000
Coverage required: X Yes _ No
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 203 of 525
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 204 of 525
MSA
MASTER SERVICE AGREEMENT
MSA EOCED0002603
THIS MASTER SERVICE AGREEMENT (this "Agreement") is made as of October 14, 2025 (the "Effective Date")
by and between Eocene Environmental Group, Inc.., an Iowa corporation, and City of Dubuque, Iowa, a Municipality
("CUSTOMER"). Eocene Environmental Group and CUSTOMER collectively, the "Parties" and individually, a
"Pam„
WHEREAS, CUSTOMER desires that Eocene Environmental Group, from time to time, provide certain contracted
services as set forth in this Agreement, and Eocene Environmental Group desires to perform such services on behalf
of CUSTOMER on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the terms hereinafter set forth, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as
follows:
1. Definitions; Interpretation. Terms defined
in the preceding paragraphs of this Agreement have
the meanings given to them in such paragraphs. Terms
defined elsewhere in this Agreement (whether or not
capitalized) or in any Schedule or Exhibit to this
Agreement have the meanings given to them where
they are defined. Terms set forth in Appendix I to this
Agreement have the meanings given to them in
Appendix I (whether or not such terms are capitalized
in this Agreement). The rules of interpretation set forth
in Appendix I shall apply to this Agreement.
2. Services to be Provided. During the Term,
and subject to the terms and conditions contained
herein, Eocene Environmental Group agrees to
provide to CUSTOMER the services (the "Services")
described under the Scope of Work in Schedule A (the
"Work Order"), which is incorporated by reference
and made a part of this Agreement, and in such
additional Work Orders as may be executed by each of
the Parties from time to time pursuant to this
Agreement.
3. Rate of Payment for Services. Unless
otherwise provided in this Agreement CUSTOMER
will pay Eocene Environmental Group for the Services
as set forth in the Fees section of the Work Order.
4. Invoices and Payment. During the Term of
this Agreement, unless sooner terminated, Eocene
Environmental Group shall prepare and submit to
CUSTOMER a reasonably itemized invoice covering
the Services rendered by Eocene Environmental
Group. Invoices shall be submitted to and paid by
CUSTOMER in accordance within thirty (30) days of
the invoice date, unless otherwise agreed to in the
Work Order.
5. Taxes. Nothing in this Agreement shall be
construed as creating a relationship between the
Parties of master/servant, principal/agent, or
employer/employee. To the contrary, the relationship
of the Parties is strictly that of an independent
contractor providing professional services, and the
Parties will have no authority to: (i) make any binding
decision for, or on behalf of, the other Party, or (ii)
commit the other Parry to any contract, obligation,
debt, or other liability. None of the benefits that
CUSTOMER provides to its employees including,
without limitation, compensation, insurance,
unemployment compensation or workers'
compensation, will be made available or provided to
Eocene Environmental Group. The fees paid to
Eocene Environmental Group pursuant to this
Agreement and any Work Order will not be subject to
any federal, state, or local withholding, and Eocene
Environmental Group will not be treated as an
employee of CUSTOMER for federal, state or local
tax purposes. Eocene Environmental Group shall be
responsible for filing all necessary federal, state, and
local taxes, including the timely payment of applicable
income taxes and self-employment taxes.
6. Out of Pocket Expenses. No costs, expenses
or liabilities of Eocene Environmental Group
("Expenses") shall be reimbursed unless expressly set
forth in a Work Order or otherwise approved by
CUSTOMER. Each invoice will include, and
CUSTOMER shall reimburse Eocene Environmental
Group for, all such Expenses incurred in providing the
Services to CUSTOMER under each Work Order.
7. Term and Termination. This Agreement
shall commence on the Effective Date and shall
continue for the Term unless this Agreement is
terminated as provided in this Section.
(a) No Outstanding Work Orders. Either Party
may terminate this Agreement by providing the other
Party with at least sixty (60) days prior written notice
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of termination if there are no outstanding Work
Orders.
(b) Payment Default. If CUSTOMER defaults
in the payment of any amount due under any Work
Order and does not cure such default within ten (10)
days after Eocene Environmental Group gives written
notice of such default, then Eocene Environmental
Group may terminate the Work Order or this
Agreement (and thereby all Work Orders) by
providing written notice of termination to
CUSTOMER of Eocene Environmental Group's
election to terminate the Work Order or this
Agreement (and thereby all Work Orders).
(c) Material Breach. If either Party materially
defaults in the performance of any term of a Work
Order or this Agreement (other than by nonpayment as
described in subsection (b) above) and does not cure
such default within thirty (30) days after receiving
written notice of such default, then the non -defaulting
Party may terminate the Work Order or this
Agreement (and thereby all Work Orders) by
providing to the defaulting Party written notice of
termination of the Work Order or this Agreement (and
thereby all Work Orders) and the effective date of such
termination.
(d) Bankruptcy or Insolvency. In the event a
Party: (1) makes a general assignment of all or
substantially all of its assets for the benefit of its
creditors; (2) applies for, consents to, or acquiesces in
the appointment of a receiver, trustee, custodian, or
liquidator for its business or all or substantially all of
its assets; (3) files, or consents to or acquiesces in, a
petition seeking relief or reorganization under any
bankruptcy or insolvency Laws; or (4) a petition
seeking relief or reorganization under any bankruptcy
or insolvency Laws is filed against such Party and is
not dismissed within sixty (60) days after it was filed;
then this Agreement shall terminate immediately
without notice or further action by the other Party.
(e) Termination for Convenience. Eocene
Environmental Group may terminate any Work Order
or this Agreement (and thereby all Work Orders) at
any time, with or without cause, upon providing
CUSTOMER thirty (30) days prior written notice.
(f) Effect of Termination; Return of
Property. Notwithstanding the termination of this
Agreement, the Parties shall be required to carry out
all provisions which contemplate performance by
them subsequent to such termination, and such
termination shall not affect any liability or obligation
which shall accrue prior to such termination. Without
limiting the generality of the foregoing, upon such
termination, CUSTOMER shall, upon receipt of an
invoice from Eocene Environmental Group, pay
Eocene Environmental Group for Services actually
rendered prior to the effective date of such termination
and all other costs, including, but not limited to,
personnel costs, incurred in preparation to provide
Services. Charges will be based on time expended for
all incomplete tasks as listed in the applicable Work
Order, and all completed tasks will be charged as
indicated in the applicable Work Order. Upon
termination of this Agreement, both Parties agree to
return to the other all property (including any
Confidential Information) of the other Party that it
may have in its possession or control.
8. CUSTOMER Obligations. CUSTOMER
will provide timely cooperation and assistance to
Eocene Environmental Group with respect to its
performance of the Services, including the following:
access to CUSTOMER personnel, systems,
information, and property (including all locations
identified in a Work Order) required for Eocene
Environmental Group to perform its obligations
hereunder.
9. Staff. Eocene Environmental Group is an
independent contractor, and neither Eocene
Environmental Group nor Eocene Environmental
Group's staff is, or shall be deemed to be, employed
by CUSTOMER. CUSTOMER is hereby contracting
with Eocene Environmental Group for the Services
described in a Work Order and Eocene Environmental
Group reserves the right to determine the method,
manner and means by which the Services will be
performed. The Services shall be performed by
Eocene Environmental Group or Eocene
Environmental Group's staff, and CUSTOMER shall
not be required to hire, supervise or pay any assistants
to help Eocene Environmental Group perform the
Services under this Agreement. Except as otherwise
provided in a Work Order, all materials used in
providing the Services shall be provided by Eocene
Environmental Group.
10. Confidential Information.
(a) Obligations. Each Party hereto may receive
from the other Party from time to time Confidential
Information of the other Party. Each Party shall protect
all Confidential Information of the other Party with the
same degree of care as it uses to avoid unauthorized
use, disclosure, publication or dissemination of its own
Confidential Information of a similar nature, but in no
event less than a commercially reasonable degree of
care. Without limiting the generality of the foregoing,
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each Party hereto agrees not to disclose or permit any
other person or entity access to the other Party's
Confidential Information except such disclosure or
access shall be permitted to an employee, agent,
representative or independent contractor of such Party
requiring access to the same in order to perform his or
her employment or the Services. Each Party shall
ensure that their employees, agents, representatives,
and independent contractors are advised of the
confidential nature of the Confidential Information
and are precluded from taking any action prohibited
under this Section 10. Further, each Party agrees not to
alter or remove any identification, copyright or other
proprietary rights notice which indicates the
ownership of any part of such Confidential
Information by the other Party. A Party hereto shall
undertake to immediately notify the other Party in
writing of all circumstances surrounding any
possession, use or knowledge of Confidential
Information at any location or by any Person other
than those authorized by this Agreement.
(b) Know -How. For the avoidance of doubt,
neither Eocene Environmental Group nor
CUSTOMER shall be prevented from making use of
know-how and principles learned or experience gained
of a non-proprietary and non -confidential nature.
(c) Remedies. Each of the Parties hereto agree
that if any of them, their officers, employees, agents,
representatives, independent contractors or any other
Person obtaining access to the Confidential
Information of the other Party by, through or under a
Party, breaches any provision of this Section 10, the
non -breaching Party shall be entitled to exercise any
and all rights and remedies available to it, at law or in
equity, including temporary and permanent injunctive
relief against the breaching Party, its officers, agents,
representatives and independent contractors, or,
employees, agents, representatives and independent
contractors, or such other Person. The provisions of
this Section 10 shall survive the expiration or
termination of this Agreement for any reason.
(d) Confidential Information. All right, title
and interest in and to any Confidential Information of
Eocene Environmental Group shall remain the
property of Eocene Environmental Group, whether or
not supplied to CUSTOMER.
11. Project Managers. Each Party shall
designate one of its employees to be its Project
Manager under each Work Order, who shall act for
that Party on all matters under the Work Order. Each
Party shall notify the other in writing of any
replacement of a Project Manager. The Project
Managers for each Work Order shall meet as often as
either one requests to review the status of the Work
Order.
12. Warranties and Disclaimers.
(a) Mutual Warranties. Each Party represents
and warrants to the other Party that: (1) such Party has
the full corporate right, power and authority to enter
into this Agreement and to perform the acts required
of it hereunder; (2) the execution of this Agreement,
by such Party, and the performance by such Party of
its obligations and duties hereunder, do not and will
not violate any agreement to which such Party is a
party or by which it is otherwise bound under any
applicable Law, rule or regulation; (3) when executed
and delivered by such Party, this Agreement will
constitute the legal, valid and binding obligation of
such Party, enforceable against such Party in
accordance with its terms; and (4) such Party
acknowledges that the other Party makes no
representations, warranties or agreements related to
the subject matter hereof that are not expressly
provided for in this Agreement.
(b) Eocene Environmental Group Indemnity.
Eocene Environmental Group agrees to indemnify,
defend, and hold harmless CUSTOMER and its
directors, officers, employees, agents and
representatives from and against any and all third party
claims, damages, liabilities, fines, penalties, costs and
expenses (including reasonable attorneys' fees) to
which CUSTOMER may be subjected as a direct
result of Eocene Environmental Group's: (i) negligent
operations or the negligent provision of Services, (ii)
material breach of this Agreement, or (iii)
performance hereunder in a manner that is negligent or
willfully improper.
(c) CUSTOMER Indemnity. CUSTOMER
agrees to indemnify, defend, and hold harmless
Eocene Environmental Group, its directors, officers,
employees, agents and representatives from and
against any and all third party claims, damages,
liabilities, fines, penalties, costs and expenses
(including reasonable attorneys' fees) to which
Eocene Environmental Group may be subjected as a
result of CUSTOMER'S: (i) operations, (ii) breach of
this Agreement, or (iii) performance hereunder in a
manner that is negligent or willfully improper.
(d) Limitation on Damages. With respect to all
claims, actions and causes of action arising out of,
under or in connection with this Agreement and all
Work Orders, and whether or not such damages are
foreseen, neither Party will be liable for any amounts
Page 207 of 525
MSA
for indirect, incidental, special, consequential
(including lost profits, lost revenue, or damages for the
loss of data), exemplary or punitive damages of the
other Party or any third parties. Moreover, in no event
shall Eocene Environmental Group's aggregate
liability arising out of or relating to this Agreement
(including negligence) or otherwise exceed Five
Million Dollars ($5,000,000.00).
(e) Disclaimer on Inspections. The purpose of
any inspections under this Agreement is to assess tree -
related risk to overhead electric utility infrastructure
by tree failure as accurately and consistently as
possible, and to support decisions related to risk
mitigation practices that achieve CUSTOMER's
objectives. The inspections and the reports, findings
and orders issued after such inspections are not
intended as, nor are they to be construed as, a
guarantee. The findings of the inspection contained in
a report are intended to report conditions of non-
compliance that are readily apparent at the time of
inspection. No warranty or representation, express or
implied, is made hereby that the inspection of the
property discovered all potential tree failures or that
the report contains a complete list of all potential tree
failures existing on the property inspected pursuant to
a Work Order.
13. Solicitation of Personnel. During the Term
of this Agreement and for a period of two (2) years
thereafter, neither Party shall solicit for employment
any technical, executive, management or marketing
employees of the other Party who became known to
such Party in the performance of this Agreement. For
purposes of this Section, solicitation shall not include
the use of "help wanted" or similar advertising or a
referral from a recruiting or employment agency.
14. Applicable Law. Eocene Environmental
Group shall comply with all applicable Law in
performing the Services. This Agreement shall be
construed in accordance with the Laws of the State of
Iowa. EACH OF THE PARTIES HEREBY
IRREVOCABLY SUBMITS TO THE
EXCLUSIVE JURISDICTION OF THE COURTS
OF THE STATE OF IOWA IN ANY ACTION OR
PROCEEDING ARISING OUT OF OR
RELATING TO THIS AGREEMENT OR ANY
AGREEMENT, DOCUMENT, OR
INSTRUMENT CONTEMPLATED HEREBY,
AND EACH PARTY HEREBY IRREVOCABLY
AGREES THAT ALL CLAIMS WITH RESPECT
TO ANY SUCH ACTION OR PROCEEDING
MAY BE HEARD AND DETERMINED IN ANY
SUCH COURT. EACH OF THE PARTIES
IRREVOCABLY WAIVES ANY OBJECTION,
INCLUDING ANY OBJECTION TO THE
LAYING OF VENUE OR BASED ON THE
GROUNDS OF FORUM NON CONVENIENS,
WHICH IT MAY NOW OR HEREAFTER HAVE
TO THE BRINGING OF ANY ACTION OR
PROCEEDING IN SUCH RESPECTIVE
JURISDICTION. EACH OF THE PARTIES
IRREVOCABLY CONSENTS TO THE
SERVICE OF ANY AND ALL PROCESS IN ANY
SUCH ACTION OR PROCEEDING BROUGHT
IN ANY SUCH COURT BY SENDING OR
DELIVERING A COPY OF THE PROCESS TO
EACH PARTY, AT ITS ADDRESS SPECIFIED
FOR NOTICES TO BE GIVEN HEREUNDER,
OR BY CERTIFIED MAIL DIRECTED TO
SUCH ADDRESS.
15. Dispute Resolution. Before any litigation is
commenced, any dispute, claim or controversy arising
out of or relating to this Agreement shall be referred to
the senior executive officer(s) of Eocene
Environmental Group having management
responsibility for the relationship with CUSTOMER
and the senior executive officer(s) of CUSTOMER
having management responsibility for the relationship
with Eocene Environmental Group, each of whom
shall in good faith attempt to resolve the dispute. If not
resolved in such manner within sixty (60) days from
the date of their first communication about the dispute,
either or both Parties shall be entitled to commence
litigation.
16. WAIVER OF JURY TRIAL. EACH OF
THE PARTIES HEREBY WAIVES ANY RIGHT
TO A JURY TRIAL WITH RESPECT TO AND
IN ANY SUIT, ACTION, PROCEEDING,
CLAIM, COUNTERCLAIM, DEMAND OR
OTHER MATTER WHATSOEVER ARISING
OUT OF THIS AGREEMENT OR ANY AGREE-
MENT, DOCUMENT OR INSTRUMENT
CONTEMPLATED BY THIS AGREEMENT.
17. Scope of Agreement. If the scope of any
provisions of this Agreement is too broad in any
respect whatsoever to permit enforcement to its fullest
extent, then such provision shall be enforced to the
maximum extent permitted by Law, and the Parties
hereto consent to and agree that such scope may be
judicially modified accordingly and that the whole of
such provision of this Agreement shall not thereby fail,
but that the scope of such provision shall be curtailed
only to the extent necessary to conform to Law.
18. Changes and Additional Work. Provided
CUSTOMER gives Eocene Environmental Group
reasonable advance notice, after receipt of a Work
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MSA
Order, CUSTOMER may request Eocene
Environmental Group to undertake additional work
with respect to such Work Order. In such event,
CUSTOMER and Eocene Environmental Group shall
execute an addendum to the Work Order specifying
such additional work and the compensation to be paid
to Eocene Environmental Group for such additional
work.
19. Subcontractors. Eocene Environmental
Group shall not subcontract any of the Services to be
provided hereunder to any Person without the prior
written consent of CUSTOMER.
20. Notices. Any notice provided pursuant to this
Agreement shall be in writing to the Parties at the
addresses set forth below and shall be deemed given
(i) if by hand delivery, upon receipt thereof, (ii) three
(3) days after deposit in the United States mails,
postage prepaid, certified mail, return receipt
requested or (iii) one (1) day after deposit with a
nationally -recognized overnight courier, specifying
overnight priority delivery. Either Party may change
its address for purposes of this Agreement at any time
by giving written notice of such change to the other
Party.
21. Assignment. Neither Party will assign this
Agreement without the prior written consent of the
other Party. Any assignment in breach of this Section
shall be void. This Agreement shall be binding upon
and inure to the benefit of the heirs, successors and
assigns of the Parties hereto. Notwithstanding the
foregoing, Eocene Environmental Group may assign,
voluntarily or by operation of law, any of its rights or
obligations under this Agreement without the prior
written consent of CUSTOMER as part of a merger of,
acquisition by, or other business combination
involving Eocene Environmental Group.
22. Third Party Beneficiaries. This Agreement
is entered into solely for the benefit of the Parties and
shall not confer any rights upon any Person not a Party
to this Agreement.
23. Headings. The section headings in this
Agreement are solely for convenience and shall not be
considered in its interpretation. The recitals set forth
on the first page of this Agreement are incorporated
into the body of this Agreement. The Schedules,
Exhibits and Appendices referred to throughout this
Agreement and any Work Order prepared in
conformance with this Agreement are incorporated
into this Agreement.
24. Counterparts. This Agreement may be
executed in counterparts, each of which shall be
deemed an original, but all of which together shall
constitute one and the same instrument.
25. Waiver. The failure of either Party at any
time to require performance by the other Party of any
provision of this Agreement shall not affect in any way
the full right to require such performance at any
subsequent time; nor shall the waiver by either Party
of a breach of any provision of this Agreement be
taken or held to be a waiver of the provision itself.
26. Force Majeure. If performance by either
Party of any Service or obligation under this
Agreement is prevented, restricted, delayed or
interfered with by reason of labor disputes, strikes,
riots or similar civil disturbances, acts of God, floods,
tsunami, land slide, epidemic, quarantine, named
storms, lightning, severe weather, other unforeseeable
natural disasters, shortages of materials, rationing,
utility or communications failures, earthquakes,
sabotage, war, revolution, civil commotion, acts of
public enemies (including acts or threats of terrorism),
blockade, embargo or any law, order, proclamation,
regulation, ordinance, demand or requirement having
legal effect of any Governmental Authority or
representative of any such government, or any other
act whether similar or dissimilar to those referred to in
this section (each a "Force Majeure Event"), which are
beyond the reasonable control of such Party (the
"Affected Party"), then the Affected Party shall be
excused from such performance for so long as such
prevention, restriction, delay or interference exists and
prevents such performance by the Affected Party,
provided that:
a. Affected Party gives the other Party notice of
such Force Majeure Event no more than two (2) days
after the Affected Party becomes aware or should have
become aware of the impact of such event and resumes
performance as such Force Majeure Event abates;
b. within five (5) days after giving the notice
described in subsection (a) above, Affected Party
gives the other Party its best estimate of the Force
Majeure Event's expected duration and probable
impact on the performance of the Affected Party's
obligations hereunder;
c. Affected Party has taken all reasonable
precautions and measures in order to prevent or avoid
such event or mitigate the effect of such Force Majeure
Event on the Affected Parry's ability to perform its
obligations under this Agreement and which by the
Page 209 of 525
MSA
exercise of due diligence the Affected Party could not
reasonably have been expected to avoid or overcome;
d. such Force Majeure Event is not the direct or
indirect result of the negligence or the failure of, or
caused by, the Affected Party; and
e. the Affected Party shall exercise all
commercially reasonable efforts to mitigate or limit
damages caused by the Force Majeure Event to the
other Party.
27. Survival. Any terms of this Agreement,
which by their nature are intended to survive the
termination or expiration of this Agreement shall so
survive.
28. Complete Agreement. This Agreement and
each Work Order, Schedule, Exhibit and Appendix
contain the entire agreement between the Parties with
respect to the matters covered herein and such Work
Order. No other agreements, representations,
warranties, or other matters, oral or written,
purportedly agreed to or represented by or on behalf of
Eocene Environmental Group or CUSTOMER by any
of their employees or agents, or contained in any sales
materials or brochures, shall be deemed to bind the
Parties with respect to the subject matter hereof.
Eocene Environmental Group and CUSTOMER
acknowledge that they are entering into this
Agreement solely on the basis of the representations,
covenants and agreements contained in this
Agreement and any applicable Work Order.
[Remainder ofpage intentionally left blank. Signature page to follow.]
Page 210 of 525
In the event of a conflict in language between these General Conditions and the City of Dubuque Terms and
Conditions (Exhibit A), the provisions of the City of Dubuque Terms and Conditions shall prevail.
IN WITNESS WHEREOF, the Parties to this Agreement have caused it to be executed by their authorized officers
as of the Effective Date.
Address:
5930 Grand Ave.
West Des Moines, IA 50266
Address:
50 West 131 Street
Dubuque, Iowa 52001
EOCENE ENVIRONMENTAL GROUP, INC.
ByvlA-A—^' "'� - 3LA AZT
Name: Emily Smart, LG, CGP
Title: Project Manager II — Environmental
Date: 10/14/2025 J
CITY OF DUBUQUE, IOWA
By: {/
Name: Michael C. Van Milligen
Title: City Manager
Date: 10/16/2025
[Signature Page to Master Service Agreement EOCED00026031
Page 211 of 525
APPENDIX I
Definitions and Rules of Interpretation
1. Definitions. Terms set forth below shall have the
following meanings:
"Confidential Information" shall mean any and all of
the items described in (i) and (ii) below that has been
or may hereafter be disclosed to one Party (the
"Recipient") by the other Party (the "Disclosing
Pqrty") or by the directors, officers, employees,
agents, consultants, advisors or other representatives,
including legal counsel, accountants and financial
advisors ("Representatives") of Disclosing Party:
(i) trade secrets concerning the business and
affairs of Disclosing Party, production facilities,
products, product specifications, data, know-how,
formulae, compositions, processes, designs, sketches,
photographs, graphs, drawings, samples, inventions
and ideas, unregistered intellectual property (including
unregistered copyrighted materials), past, current, and
planned research and development, customer lists,
current and anticipated customer requirements,
employees, employee wage scale, employee benefits,
price lists, market studies, business plans, computer
software and programs (including object code and
source code), computer software and database
technologies, systems, structures and architectures
(and related processes, formulae, composition,
improvements, devices, know-how, inventions,
discoveries, concepts, ideas, designs, methods and
information), and any other information, however
documented, that is a trade secret; and,
(ii) information concerning the business and
affairs of Disclosing Party, including historical
financial statements, financial projections and
budgets, historical and projected sales, capital
spending budgets and plans, the names and
backgrounds of key personnel, personnel training
techniques and materials, however documented or
otherwise obtained from discussions with or oral
disclosure by the Disclosing Party's Representatives,
and also includes all notes, analyses, compilations,
studies, summaries and other material prepared by
Recipient or Recipient's Representatives containing or
based, in whole or in part, upon any information
included in the foregoing.
Confidential Information shall not include any
information which Recipient can conclusively
establish: (a) became known to Recipient prior to the
Disclosing Party's disclosure of such information to
Recipient; (b) became known to Recipient from a
source other than the Disclosing Party without a
breach of an obligation of confidentiality owed to the
Disclosing Party; (c) was independently developed by
Recipient without any access to Disclosing Party's
Confidential Information; (d) becomes part of the
public domain by publication or otherwise through no
unauthorized act or omission on the part of the
Recipient; or (e) was released from the obligations and
protections of this Agreement in writing by the
Disclosing Party. Specific information shall not be
deemed to be excepted under the foregoing provision
merely because it is embraced by more general
information available to the public or in Recipient's
prior possession or expressed in public literature in
general terms not specifically in accordance with the
Confidential Information.
"Governmental Authority" means any governmental
or quasi -governmental entity, including any court,
department, commission, board, bureau, agency,
administration, service, district, or other
instrumentality of any governmental entity.
"Law" means any domestic or foreign laws, statutes,
ordinances, rules, regulations, codes or executive
orders executed, issued, adopted, promulgated or
applied by any Governmental Authority.
"Party" means either of Eocene Environmental Group
or CUSTOMER, as the context may require.
"Parties" means Eocene Environmental Group and
CUSTOMER.
"Person" means any natural person, corporation, firm,
joint venture, partnership, limited liability company,
association, enterprise, trust, or other entity or
organization, or any government, political
subdivision, or Governmental Authority.
"Term" means the period that commences on the
Effective Date and ends on 4/30/2026.
2. Rules of Interpretation. The following rules of
interpretation shall apply to this Agreement:
(a) The meanings of defined terms are equally
applicable to the singular and plural forms of the
defined terms. Whenever the context so requires, the
neuter gender includes the masculine and feminine,
the single number includes the plural, and vice versa.
Appendix I to Master Service Agreement
1
Page 212 of 525
(b) Section, Exhibit, Schedule and Appendix
references are to this Agreement unless otherwise
specified.
(c) The words "hereof', "herein" and "hereunder" and
words of similar import when used in this Agreement
shall refer to this Agreement as a whole and not to any
particular provision of this Agreement. The term
"including" is not limiting, and means "including,
without limitation".
(d) In the computation of periods of time from a
specified date to a later specified date, the word "from"
means "from and including"; the words "to" and
"until" each mean "to but excluding", and the word
"through" means "to and including".
(e) Unless otherwise expressly provided herein,
(A) references to agreements (including this
Agreement) and other contractual instruments shall be
deemed to include all subsequent amendments,
restatements, supplements and other modifications
thereto, but only to the extent such amendments,
restatements, supplements and other modifications are
not prohibited by the terms of this Agreement, and
(B) references to any statute or regulation shall be
construed as including all statutory and regulatory
provisions amending, replacing, supplementing or
interpreting such statute or regulation.
Appendix I to Master Service Agreement
2
Page 213 of 525
SCHEDULE A
Work Order
Master Service Agreement Number:
EOCED0002603 Work Order Number: 7
This Work Order ("WO") adopts and incorporates by reference the terms and conditions of the
Master Service Agreement ("Agreement"), which was entered into on May 13, 2025, by and between
Eocene Environmental, Inc., an Iowa corporation, with its principal place of business located at 5930 Grand Avenue,
West Des Moines, IA 50266 ("Eocene Environmental Group") and the City of Dubuque, Iowa, a municipality, with
its principal place of business located at 50 West 13r' Street, Dubuque, IA 52001, ("Customer"). This WO is effective
beginning on the start date provided below ("Start Date"). Eocene Environmental Group and Customer shall continue
to be bound by all applicable terms and conditions set forth in the Agreement. Capitalized terms used but not defined
in this WO shall have the meanings set out in the Agreement. This WO authorizes Eocene Environmental Group to
proceed with the specified project listed below. Any project changes related to the completion date, scope of work or
compensation shall be approved by a separate addendum. Reference Attachment 1 for additional project information
including assigned circuits, work requests and/or trees if applicable.
Project Name: Blum Assessment Report Eocene Environmental Group Project Manager: Emily
Smart
Project Number: Work Order 7 Project Total: 5,500.00 Site Assessment Report will include Boring
Location and Soil Contamination Delineation Maps,
Start Date: 10/14/2024 Est. End Date: 4/30/2026 deviations from the EPA -Approved SSQAPP (see
Exhibit B, now described as Parcel Identification
Job Location: Dubuque, Iowa Numbers 10-24-283-004 and10-24-283-003),
analytical laboratory data, and recommendations.
WORK SCHEDULE AND DELIVERABLES:
The relevant milestones, completion dates and terms associated with this SOW are as follows:
Line Item
I Task
Completion Date
1
Eocene will assemble a Site Assessment Report based on records and data
10/31/2025
originating from work completed by Blackstone Environmental, Inc. in
November 2022.
The relevant incidental items associated with this SOW are as follows:
Line Item
Quantity
[Services] [or other] [Deliverable]
Delivery Date
Delivery Location
2
2
Eocene will attend up to 2 - one hour virtual
n/a
n/a
meetings to discuss report findings with
project stakeholders.
Fees:
All costs listed below are based on the scope and assumptions included in this WO.
Item
Price [per unit/[OTHER]]
[Cost Structure]
1
$5,000.00
Time and Materials Not to Exceed
2
$250.00
Time and Materials Not to Exceed
Schedule A to Master Service Agreement
1
Page 214 of 525
Total: 1 $5,500.00 Time and Materials Not to Exceed
Payment Schedule: Pursuant to the terms provided in the Agreement.
Additional Instructions: n/a
IN WITNESS WHEREOF, the Parties, by signature of their authorized representatives, hereby agree to the terms of
this WO.
EOCENE ENVIRONMENTAL GROUP, INC.
r t �
Signature: 4)Vt"k'
Emily Smart, GP
Name:
Project Manager II
Title:
10/14/2025
Date:
CITY OF DUBUQUE, IOWA
Signature:
ichael C. Van Milligen
Name:
City Manager_
Title:
Date: — 10/22/2025
Schedule A to Master Service Agreement
2
Page 215 of 525
EXHIBIT A
City of Dubuque Terms and Conditions
The following clauses shall be included in the final signed contract:
1. CONSULTANT'S ENDORSEMENT ON PLANS.
If required by the Iowa Code, Eocene shall endorse the completed computations prepared under
this Agreement and shall affix thereto the seal of a licensed professional engineer, or licensed
professional architect, licensed to practice in the State of Iowa.
2. CHANGE IN SCOPE OF SERVICES.
No change in scope shall be permitted during this project without the prior written agreement of
both parties and the WBS being updated.
3. EXTRA WORK.
Eocene shall monitor the approved project budget in relation to the specific tasks included in the
approved scope of work and evaluate the work effort expended as it relates to the approved
budget. Should additional work be required for a task beyond the currently authorized scope and
budget, Eocene shall submit in writing a request for additional compensation which will be
considered by the Client. If approved by the Client, Eocene shall not commence work on the
extra work until the Client has provided written approval of the request for additional
compensation.
4. SUBSTITUTION OF PROJECT TEAM MEMBERS.
The Project Manager, partners, management, other supervisory staff and technical specialists
proposed for the project may be changed if those personnel leave Eocene. These personnel may
also be changed for other reasons however, in either case, the Client retains the right to approve
or reject the replacements and no replacements shall begin working on the project without the
express, prior written permission of the Client of Dubuque.
5. INSURANCE.
Eocene shall at all times during the performance of this Agreement provide insurance as required
by the attached Insurance Schedule J.
6. INDEMNIFICATION.
To the fullest extent permitted by law, Eocene shall indemnify and hold harmless the Client its
officers, and employees from and against all judicially established claims, damages, losses and
expenses, including but not limited to reasonable 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 including loss of
use resulting therefrom, but only to the extent caused by negligent acts or omissions of Eocene,
Eocene's subcontractor, or anyone directly or indirectly employed by Eocene or Eocene
subcontractor or anyone for whose acts Eocene or Eocene's subcontractor may be liable.
7. TERMINATION.
Client may terminate this agreement, with or without cause, upon providing 14 days written notice
to
Exhibit A to Master Service Agreement
1
Page 216 of 525
Eocene.
8. ERRORS & OMISSIONS.
In the event that the work product prepared by Eocene is found to be in error and revision or
reworking the work product is necessary, Eocene agrees that it shall do such revisions without
expense to the Client, even though final payment may have been received. Eocene must give
immediate attention to these changes so there will be a minimum of delay during Implementation.
The above and foregoing is not to be constructed as a limitation of the Client's right to seek
recovery of damages for negligence on the part of Eocene herein.
9. OWNERSHIP OF ENGINEERING DOCUMENTS.
All sketches, tracings, plans, specifications, reports on special studies and other data prepared
under this Agreement shall become the property of the Client and shall be delivered to the Project
Manager upon completion of the plans or termination of the services of Eocene. There shall be
no restriction or limitations on their future use by the Client, except any use on extensions of the
project or on any other project without written verification or adaptation by Eocene for the specific
purpose intended will be the Client's sole risk and without liability or legal exposure to Eocene.
The Client acknowledges Eocene's plans and specifications, including all documents on
electronic media, as instruments of professional service. Nevertheless, the plans and
specifications prepared under this Agreement shall become the property of the Client upon
completion of the services and payment in full of all moneys due to Eocene.
The Client and Eocene agree that any electronic files prepared by either party shall conform to
the specifications as mutually agreed to by the parties. Any change to these specifications by
either the Client or Eocene is subject to review and acceptance by the other party. Additional
efforts by Eocene made necessary by a change to the software specifications shall be
compensated for as Additional Services.
The Client is aware that significant differences may exist between the electronic files delivered
and the respective Implementation documents due to addenda, change orders or other revisions.
In the event of a conflict between the signed Implementation documents prepared Eocene and
electronic files, the signed Implementation documents shall govern.
The Client may reuse or make modifications to the plans and specifications, or electronic files
while agreeing to take responsibility for any claims arising from any modification or unauthorized
reuse of the plans and specifications.
10. SUBLETTING, ASSIGNMENT OR TRANSFER.
Subletting, assignment, or transfer of all or part of the interest of Eocene in this Agreement is
prohibited unless written consent is obtained from the Engineer and approved by the Client.
11. Venue. Exclusive venue for any action related to or arising out of this Agreement shall be the
Iowa District Court for Dubuque county.
Exhibit A to Master Service Agreement
2
Page 217 of 525
EXHIBIT B
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Exhibit B to Master Service Agreement
3 Page 218 of 525
THE CITY OF
Dubuque
�
IwlwiO pry
DUB
E
it
2002
zo17*z019i9
Masterpiece pp
iece on the Mississippi
City of Dubuque
Water Department
1902 Hawthorne St
(address)
Dubuque, IA 52001
Phone # 563.589.4291
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 Dave Hinz
(Vendor Name)
106 Cherokee Dr. Dubuque, IA 52003
(Vendor Address - City and State)
PROJECT TITLE: Lime Silo Piping Repair
(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:
Remove failed piping, install flanges on remaining piping, and replace removed section with supplied section with attached
pillow box.
The work described above shall be completed at the following locations :
1902 Hawthrone St.
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 525
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
Z 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 underate)
)this Contract on or before
12-31-2025
Page 2 of 20 Page 220 of 525
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 525
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 $ 13,390
CITY OF DUBU�QUE, IOWA
By:4�/
Michael C. Van Mi ligen
City Manager
10/22/2025
Date
VENDOR:
Dave Hinz Construction Inc.
Company Name
Pi�g6n
By:
ure <
D
Printed Name
n 60141 -
Title
Page 4 of 20
Page 222 of 525
EXHIBIT A
TERMS AND CONDITIONS
The following Terms and Conditions apply to City of Dubuque Transactions-
t 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 525
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 525
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 525
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: Lime Silo Piping Repair or Project Location at
1902 Hawthrone St 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 Water 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 525
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 525
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 umbrellalexcess liability
coverage of $10,000,000.
All Class A and Class B contractors with contract values between $500,000 and $10,000,000 must have
umbrellalexcess liability coverage of $3,000,000.
All Class A and B contractors with contract values less than $500,000 must have umbrella/excess liability
coverage of $1,000,000.
All Class C contractors are not required to have umbrella/excess liability coverage.
All contractors performing earth work must have a minimum of $3,000,000 umbrella regardless of the
contract value.
E) POLLUTION LIABILITY
Coverage required: _Yes 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 228 of 525
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:
$x each occurrence (per limits required by Railroad)
$x policy aggregate (per limits required by Railroad)
AND
An endorsement to the Commercial General Liability policy equal to ISO CG 24 97 (Contractual Liability -
Railroads). A copy of this endorsement shall be attached to the certificate of insurance.
Page 11 of 20
Page 229 of 525
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 525
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
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. 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.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement.
6. All required endorsements shall be attached to the certificate. The certificate is due before the contractiagreement
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 231 of 525
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
1410
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 232 of 525
INSURANCE SCHEDULE G (continued)
C) POLLUTION LIABILITY
Coverage required: _ Yes _ No
Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution
exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum
products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage
shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The 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.
D) PROFESSIONAL LIABILITY $1,000,000
Coverage required: _ Yes _ No
If the required policy provides claims -made coverage:
1) The Retroactive Date must be shown and must be before the date of the agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at least five (5)
years after completion of the work or services.
3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form
with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended
reporting" coverage for a minimum of five (5) years after completion of the work or services.
E) CYBER LIABILITY/BREACH $1,000,000
Coverage required: _ Yes No
Coverage for First and Third Party breach liability including but not limited to lost data and restoration,
loss of income and cyber breach of information.
F) UMBRELLAIEXCESS $1,000,000
Coverage required: Yes _ No
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 233 of 525
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 Polio 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 234 of 525
EXHIBIT D
INSURANCE SCHEDULE J
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.
7. 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.
8. 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.
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 agreement, subject to written mutual agreement
attached hereto.
Page 17 of 20
Page 235 of 525
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 13"' 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 shal I 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 236 of 525
D) UMBRELLAIEXCESS 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 e 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 237 of 525
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 238 of 525
APPROVED BY 0
City Manager Mike Van Milligen mn
REAL ESTATE SOFTWARE
ORDER DOCUMENT #1
RECURRING SOFTWARE AND SERVICES
This Order Document is effective as of December 1, 2021 (the "Effective Date"). This Order Document is an offer to make an offer and
does not constitute a valid contract between the Parties until countersigned by MRI. Any pricing terms in this Order Document are valid for
thirty (30) days following issuance of this Order Document. The terms and conditions found at www.mrisoftware.com/termsandconditions
("MRI Terms and Conditions"), are incorporated by reference and made a part of this Order Document as fully as if set forth herein. The
MRI Terms and Conditions may be amended from time to time by MRI. Capitalized terms that are not otherwise defined in this Order
Document shall have the meanings set forth in the MRI Terms and Conditions. If Client is utilizing a SaaS Service, this Order Document, the
Master Agreement, the SaaS Services Schedule, the Professional Services Schedule and any exhibits and attachments thereto all contained
in the MRI Terms and Conditions shall specifically govern the relationship between MRI and Client. If Client is utilizing MRI's subscription
on -premise license, this Order Document, the Master Agreement, the Limited Software License and Maintenance and Support Schedule, the
Professional Services Schedule and any exhibits and attachments thereto all contained in the MRI Terms and Conditions shall specifically
govern the relationship between MRI and Client. In the event of a conflict between an Order Document and the Master Agreement, the
Master Agreement shall prevail, provided, however, that such standard variable terms such as price, quantity, term length and License
Metrics, tax exempt status, payment terms and the like shall be as specified on each Order Document. If the Order Document contains
language that specifically overrides an enumerated section of the Master Agreement, such specific language in the Order Document shall
prevail against the enumerated language in the Master Agreement. �`� ` >
By signing this Order Document, Client verifies that it has read the MRI Terms and Conditions, and acknowledges its agreement to be bound
by them.
City of Dubuque Housing of Community Development MRI Software LLC ("MRI")
Department ("Client") 28925 Fountain Parkway
50 W 13th St. Solon, OH 44139
Dubuque, Iowa 52001
Signature: ��eeis o'12/2/2021 Signature:
Print Name: Alexis Steger
T �e�Hra�r 12/2/2021
Print Name: Roman Telerman
Title: Housing & Community Development Director Title:
The Parties accept and agree to this Order Document, as follows:
Administrator: Alexis Steger
Chief Financial Officer
mri
MRI Legal Approved
K.Ged-
Technical Contact/Download Recipient: Same as Billing
Address: 350 W 6th Street, Suite 312 Address:
Dubuaue. IA 52001
E-mail: asteger@cityofdubuque.org Voice: 563-690-6072 E-mail:
Fax: Cell: Fax:
Billing Contact: Gina Hodgson
Address: 350 W 6th Street, Suite 312
Dubuque, IA 52001
E-mail: ghodgson@cityofdubuque.org Voice: 563-589-4231
Fax:
File: City of Dubuque Housing It Community Development
Department
MRI Confidential
Voice:
Cell:
Page 1 of 3
Digitally signed by MRI Software LLC
Reason: Document Validation, Timestamped by Symantec Page 239 of 525
Location: Solon, Ohio, USA
mr*1
REAL ESTATE SOFTWARE
SAAS SERVICES
License Metric
Products Quantity / Territory
Happy
1099s and Payment History
Units
Up to 973 Units
N. AMERICA
Custom Forms
Units
Up to 973 Units
N. AMERICA
Direct Deposit
Units
Up to 973 Units
N. AMERICA
FSS Pro
Units
Up to 973 Units
N. AMERICA
Inspections
Units
Up to 973 Units
N. AMERICA
Occupancy
Units
Up to 973 Units
N. AMERICA
Payments
Units
Up to 973 Units
N. AMERICA
Remote Screen Sharing
Units
Up to 973 Units
N. AMERICA
Report Writer
Units
Up to 973 Units
N. AMERICA
Waiting List
Units
Up to 973 Units
N. AMERICA
Waithst Check
Units
Up to 973 Units
N. AMERICA
Database
Each
Up to 1 Production Database
N. AMERICA
Initial Term Effective Date Annual Recurring Fees
(1) (2)
Three (3) Years December 1, 2021 $32,750
(1) The Initial Term and any Renewal Term are non -cancelable, subject to termination rights as set forth in the Agreement.
(2) The fees listed in this table include the recurring fees related to the products and services in the tables listed above. MRI may,
at any time after the first twelve (12) months of the Effective Date listed above, and in its sole discretion, modify the Fees upon
ninety (90) calendar day prior written notice to Client. Notwithstanding the foregoing, the Fees shall not increase in each
subsequent twelve (12) month period by more than the five percent (5%). A twelve (12) month period commences on the
anniversary of the Effective Date. For purposes of notice in this footnote, email or first-class mail will suffice.
(3) Notwithstanding anything in the Agreement to the contrary, following the end of the Initial Term, the SaaS Services shall
automatically renew for successive three (3) year periods at then -current pricing (each renewal a "Renewal Term") unless either
Party gives written notice at least sixty (60) calendar days prior to the end of the Initial Term or any Renewal Term, as
applicable, of its intention to not renew the SaaS Services.
(4) During the Term of this Agreement and for three years thereafter MRI shall maintain Cyber/Technology Errors Et Omissions
coverage of at least $5,000,000. MRI shall provide a Certificate of Insurance evidencing such coverage to Client upon request.
(5) The second sentence of the first paragraph of Section 5 (Privacy) shall be amended to read: "Notwithstanding anything in this
Agreement to the contrary, Client hereby grants to MRI a perpetual, non -cancelable, worldwide, non-exclusive right to utilize any
data that arises from the use of the Products by Client whether disclosed on or prior to the Effective Date for any legitimate
business purpose, including the right to sublicense such data to third parties, on an anonymous or aggregate basis only, subject to
all legal restrictions regarding the use and disclosure of such information."
Payment Terms: Fees are due in U.S. Dollars annually in advance. Initial payment must be received by MRI prior to the Effective Date and
any Renewal Term; MRI has no obligation to provide Services until such payment is received. For any fees due from the Client when
exceeding the License Metrics listed above, Client shall be billed monthly in arrears for such overage in accordance with the terms of this
File: City of Dubuque Housing 8 Community Development MRI Confidential Page 2 of 3
Department
Page 240 of 525
m1
REAL ESTATE SOFTWARE
Order Document. In no event shall Client be invoiced for fewer than the License Metrics listed or less than the Annual Recurring Fees
(annualized) plus increase as outlined in footnote 2.
Definitions: The following definitions shall apply to the interpretation of this Order Document. If a definition is listed here and not listed
within the foregoing tables or in additional Order Documents executed between the Parties, then that definition shall be disregarded.
A "Unit" is a space rented or designed to be rented to a tenant for residential use and is characterized by a unique tenant, a unique mailing
address, or a unique physical location. "Units" include without limitation Conventional Units, Affordable Units, AHR Units and DHCR Units.
Use Rights: The license to use the SaaS Service is priced based on Client's License Metrics as of the Effective Date of this Order Document
and allows Client to use the Software to manage up to the quantity set forth above. Additional licenses must be purchased by Client in the
event the number of actual License Metrics exceeds such licensed quantity. If Client's actual License Metrics exceed such licensed quantity,
then MRI reserves the right to charge a premium fee for any additional License Metric used. Additional Contracts, if applicable, must be
purchased in blocks of not less than ten percent (10%) of the Quantity listed above. The cost for these additional licenses will be at MRI's
then -current fees. There shall be no fees adjustments or refunds for any actual License Metrics decreases. Fees (other than monthly user
access fees) are based on quantity purchased, not Usage.
Self -Certification: Without prejudice to MRI's audit rights pursuant to the Agreement, Client will, by December 15Y of each year, document
and certify that use of the SaaS Services is in full conformity with the use rights granted hereunder. The Self -Certification Document can
be found in the MRI Terms and Conditions.
Maintenance and Support Level: Standard Maintenance and Support is included in the Fees. In the event that Client has purchased
enhanced support services, such enhanced will be indicated in the Enhanced Support Services table above and the product line for which
it was purchased. If no such indication is made, then Client has not purchased enhanced support services.
Designated Support Contacts:
Maintenance and Support may only be requested by the two (2) Designated Support Contacts named below who must have successfully
completed MRI's standard training course prior to (i) logging case requests; or (ii) receiving status updates on cases. Client may change
these Designated Support Contacts from time to time, to other Client employees, by promptly delivering in writing to MRI the names and
contact information of the new Designated Support Contacts (email is sufficient). The SaaS Services fees are related to the number of
contacts; access to support by any additional contacts will be subject to additional fees.
One (1) Designated Support Contact must be the Administrator listed above in this Order Document.
The initial Designated Support Contacts of Client are:
Name: Gina Hodgson Name:
Title: Assisted Housing Supervisor Title:
Phone:
Address
Email:
563-690-6096
350 W 6th Street, Suite 312, Dubuque, IA 52001
Phone:
Hollie Ohnesorge
Case Manager
563-690-6106
Address: 350 W 6th Street, Suite 312, Dubuque, IA 52001
ghodgson@ctiyofdubuque.org I Email:
File: City of Dubuque Housing 8 Community Development
Department
MRI Confidential
hohneso@cityofdubuque.org
Page 3 of 3
Page 241 of 525
Statement of Work - Work Authorization
M I
ORDER DOCUMENT AND STATEMENT OF WORK #729698
This Order Document and Statement of Work incorporates by reference and is governed by the terms and conditions of
the Master Agreement ("Agreement") with an effective date of December 1, 2021 and the Schedule for Professional
Services of same date between HAPPY Software, an MRI Software Company ("MRI") and City of Dubuque Housing &
Community Development ("Client") and is effective as of December 1, 2021 ("Effective Date").
Client Name: City of Dubuque Housing & Community Development
Date: November 3, 2021
PROJECT SCOPE AND SUMMARY
Client is engaging MRI Software ("MRI") to deliver services associated with the following:
New Housing Pro System:
• Project Management
o Progress calls throughout project
o Review of Test and Final Conversions
o Create a letterhead scan to print on documents printed from Housing Pro
• Data Conversion — 50058
o 50058's from PIC submission files converted to create basic records in Housing Pro
• Data Conversion —Supplemental Data
o Supplemental Data Conversion document (attached) outlines all fields required or accepted
o To include any of the following information in .csv format:
■ Waiting list, Tenant and Owner supplemental data, 1099's year to date
o Supplemental Data will be provided from Client's Emphasys software
• Cloud Configuration
o Create and setup new Cloud server
o Create Workspaces for each user
o Complete initial configuration on all Workspaces —10 users
• Internet based Installation
o Configuration and set up of Cloud Server
o Assist with the installation of AWS Cloud environment on guest workstations
• Internet Initial Training
o Internet training for all staff
o All modules to be trained: Waiting List, Occupancy, iFile, Payments, 1099's, Direct Deposit, Inspections,
FSS Pro, iDIA, Custom Forms, Report Writer, Management, Cloud
o Web Services: WaitListCheck
• Internet Follow up Training
o More in-depth look at modules covered in Initial Training
o Assistance with running processes for the first time in Housing Pro
Out of Scope
• This SOW does not include hardware.
• MRI will not provide installation of client user workstations. IT Assistance may be necessary to complete.
• Data Entry of Case Files is not included in the scope of this project.
O
Property of MRI Software. I Do not redistribute.
Page 242 of 525
Statement of Work - Work Authorization
M I
PROJECT PRE -REQUISITES
1. Before MRI is able to secure/book any MRI resources, provide any targeted start and end dates for project the
following must be in place.
1.1. The Master Agreement has been signed by both MRI and the Client, if applicable.
1.2. Statement of Work has been signed by the Client and returned to MRI.
2. 50058 data from PIC submission files will be provided by the Client for at least the past 18 months.
3. Any supplemental data needs to be provided in .csv file format for review. Supplemental data will be reviewed to
accuracy and usability in the conversion process. Not all supplemental data is confirmed to be used in conversion.
4. During the Project specified dates for Test and/or Final Conversion need to be met by the Client to ensure ample time
to complete Conversion process. If dates are not met final Go Live date may need to be moved.
PROJECT SERVICE DELIVERABLES
1. MRI has endeavored to provide the most accurate estimates for each deliverable and activity based on the scope and
budgetary information provided by the Client. All estimates at this stage in the project are subject to change.
2. The project timescales for this project and related deliverables must be formally communicated and agreed upon by
MRI and the Client.
3. MRI maintains a backlog of project work; therefore the start date for this project will be subject to MRI availability at
the time this Statement of Work is executed. Should you have any questions regarding expected backlog for this
project, please contact MRI at gpsrequests@mrisoftware.com.
PROJECT ASSUMPTIONS
1. Client is responsible for providing all necessary documentation for MRI to complete the Scope.
2. Software, Training and Documentation will be provided in English only.
3. Follow Up Training or Post Go Live Assistance is only valid for up to 90 days after Go Live. If time is not used it will be
surrendered.
4. Client has access to PIC site to download 50058 submissions to provide to MRI for conversion.
CHANGE CONTROL PROCEDURES
1. Changes to this Statement of Work ("SOW") may be requested at any time, by either party. As any proposed changes
to the original scope of work might affect the price, schedule changes that incur additional fees or alter the terms of
the original SOW must be approved by either party's Project Manager(s) or project representative(s) "prior" to
amending the SOW and implementing the change.
2. This procedure will be used by the Parties to control changes to the SOW and changes to any previously approved
services or deliverables.
3. The requesting party will create a Project Change Request ("PCR") which will serve as the vehicle for communicating
the change. The PCR shall describe the change, the justification for the change, additional fees, and the impact such
changes will have on the SOW.
4. The requesting party's designated Project Manager or project representative will review the proposed change and
determine whether to submit the request to the other party.
5. The Parties will review the proposed PCR and will either approve, investigate it further or reject the PCR. The PCR will
not be binding until signed by both parties.
Property of MRI Software. I Do not redistribute.
Page 243 of 525
Statement of Work - Work Authorization
M I
GENERAL ASSUMPTIONS
1. Once the Statement of Work is executed, the assigned MRI Consultant(s) will be scheduled with project personnel at
a mutually agreeable timetable.
2. Efforts around change management, business process reengineering, or project management of Client resources is
considered out of scope.
3. Mutually agreed changes to specifications, whether before, during or after MRI's performance will be handled by
processing a Project Change Request.
4. Any changes of the current scope of work of Technical Services or Custom Programming should be reported within 30
days of delivery of these files. Review or functionality and logic will be reviewed at that time and MRI will determine
if a Project Change Request is necessary or not. Changes may come at an additional cost.
5. MRI reserves the right to charge Client a cancellation fee in accordance with the Agreement, if applicable.
6. Client shall make reasonable business efforts to deliver a stable network and computing environment prior to any
services engagement.
7. Client and MRI will work together to resolve all issues related to the project in a timely fashion.
8. Client and MRI will communicate any changes in schedule, availability of project personnel, hardware, software,
resources or facilities related to the project within a reasonable timeframe in advance of scheduled engagements.
9. Client will manage the availability of appropriate personnel for knowledge transfer as well as decision -making and
escalation of decisions.
10. The project team may adjust the master project plan based on real world findings and the Client's ability to secure
required resources.
11. Location of work will be remote only.
PRICING ASSUMPTIONS
The professional services fee estimates are for MRI resources (or affiliates). Client understands that professional services
fees are due as incurred and are billed on a monthly basis at month end. Client agrees to pay invoices in accordance with
invoice terms. Failure to pay invoices will be handled in accordance with MRI collections policy.
1. MRI fees for the scope of Services described in this Statement of Work will be billed to the Client on a time and
materials basis for hourly services and at a fixed fee basis for all other services per the Pricing Schedule below.
2. Project Change Requests (aka Change Orders) executed against this contract will be contracted at MRI standard rates.
3. Future work for MRI services not associated with this Statement of Work will be contracted at standard rates.
4. The cost estimates are for MRI personnel or affiliates and will be billed on a monthly basis.
5. Identified SCHEDULES may be modified at the request and/or acceptance of Client. Changes in SCOPE will require PCR
(see above).
6. Client is responsible for payment of any applicable taxes. MRI will invoice Client for any applicable taxes in connection
with performance of the Statement of Work in accordance with the Agreement. Any tax amounts are over and above
the fees and expenses noted in the Statement of Work and any amounts prepaid hereunder for such fees and
expenses will not be applied to taxes due.
7. Pricing schedule is subject to change if Statement of Work is not signed within 30 days of creation date at which time
this Statement of Work will expire.
Property of MRI Software. I Do not redistribute. Page 244 of 525
Statement of Work - Work Authorization
M I
PRICING SCHEDULE
MRI DELIVERABLE
RATE
QUANTITY
UNIT
EST. SERVICE FEES
Project Management
$175
36 hours
Fixed fee
$6,300
Data Conversion
$1,250
5
Days
$6,250
Cloud Configuration
$175
6 hours
Fixed fee
$1,050
Internet based Installation
$175
5 hours
Fixed fee
$875
Internet Based Initial Training
$175
17.5 hours
Fixed fee
$3,062.50
Internet Based Follow up Training
TotalMRII Services
$175
9.5 hours
Fixed fee
$1,662.50
11
AGREEMENT TO COMMENCE WORK:
With my signature below and on behalf of Client, Client hereby, (i) acknowledges that this entire Statement of Work (all
pages) accurately documents the terms of the work agreed upon by Client and MRI; (ii) approves this Statement of Work
as issued; (iii) gives approval for commencement of work as specified herein; and (iv) acknowledges that these terms are
subject to change in accordance with any modification to the scope of work.
City of Dubuque Housing & Community Development
* Signature: �ex�s c.)te e�
Name: Alexis Steger
*
* Date: 12/2/2021
* Indicates required field
Property of MR[ Software. I Do not redistribute. Page 245 of 525
REAL ESTATE SOFTWARE
Certificate of Completion
Document Information
Document Number: 2fca9085-1088-478e-a8fd-c6ec9a6b4b5f
Document Name: City of Dubuque Housing & Community Development Department - Order Doc 1 and
SOW (NN HAPPY)(1 1.29.202 1 kg) executable
Date Created: 11/29/2021 4:37:32 PM EDT
Date Modified: 12/2/2021 2:41:29 PM EDT
Document Owner: Ron Faber
Signatures: 3
Signatures/Initials
Alexis Steger
Signed: 12/2/2021 1:51:37 PM EDT
IP Address: 208.87.237.201
Email Address: Asteger@cityofdubuque.org
Alexis Steger
Signed: 12/2/2021 1:51:37 PM EDT
IP Address: 208.87.237.201
Email Address: Asteger@cityofdubuque.org
Roman Telerman
Signed: 12/2/2021 2:41:29 PM EDT
IP Address: 38.68.81.4
Email Address: mrisignatory@mrisoftware.com
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Page 246 of 525
Dubuque
THE CITY OF f"
DUB LTE
I I'
zoo�•aou•2013
2017w2019
Masterpiece rare the Mississippi
City of Dubuque
Parks & Recreation Department
Steve Fehsal, Parks Manager
2200 Bunker Hill
Dubuque, IA 52001 Phone
# 563-589-4260
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
Environmental Management Services of Iowa, Inc. [EMSI]
5170 Wolff Rd. #2, Dubuque, IA 52002-2206, emsi.asbestosservices@aol.com 563-583-0808
(Vendor Address - City and State)
PROJECT TITLE: Asbestos Inspection - Eagle Point Park (Veranda, Bridge and Indian rooms)
(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:
*See attached EMSI proposal and quotation, dated 9/8/2025
The work described above shall be completed at the followiwinQ location(s):
—Ea e Point Park atBridge Complex, Veranda Kooms, and Indian Room
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 247 of 525
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
IJ 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 248 of 525
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 249 of 525
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 $
CITY OF DUBUQUE, IOWA
By�Z�k1-
w4+lay 10/28/25
Michael C. Van Milligen Date
City Manager
1,800.00 (eighteen hundred dollars)
r�-
Environmental Management Services of Iowa, Inc. (EMSI)
Company Name
By:
Sign Rure Da e
Kim Koeller
Printed Name
President, EMSI
Title
Page 4 of 20
Page 250 of 525
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.
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Page 251 of 525
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 252 of 525
Class A:
Class B:
Class C:
EXHIBIT B
INSURANCE SCHEDULE E
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 253 of 525
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 AM. 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.
S. 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 254 of 525
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 255 of 525
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 256 of 525
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 257 of 525
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.
1
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 12 of 20
Page 258 of 525
EXHIBIT C
INSURANCE SCHEDULE G
1. 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
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. 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.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement.
6. All required endorsements shall be attached to the certificate. The certificate is due before the contractlagreement
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.
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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 umbrellatexcess 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 260 of 525
INSURANCE SCHEDULE G (continued)
C) POLLUTION LIABILITY
Coverage required: _ Yes ____ No
Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution
exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum
products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage
shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The 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.
D) PROFESSIONAL LIABILITY $1,000,000
Coverage required: Yes —No
If the required policy provides claims -made coverage:
1) The Retroactive Date must be shown and must be before the date of the agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at least five (5)
years after completion of the work or services.
3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form
with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended
reporting" coverage for a minimum of five (5) years after completion of the work or services.
E) CYBER LIABILITY/BREACH $1,000,000
Coverage required: —Yes —No
Coverage for First and Third Party breach liability including but not limited to lost data and restoration,
loss of income and cyber breach of information.
F) UMBRELLAIEXCESS $1,000,000
Coverage required: ^ Yes _ No
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.
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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)
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EXHIBIT D
INSURANCE SCHEDULE J
1. �,1 C shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage
required i6 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.
7. 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.
8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal
agreement, in Exhibit 1. 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.
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 agreement, subject to written mutual agreement
attached hereto.
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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) $60,000
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 13'h 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 264 of 525
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 Y 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 265 of 525
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 farm, 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)
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PROPOSAL ENVIRONMENTAL MANAGEMENT SERVICES OF IOWA, INC.
5170 WOLFF ROAD, #2
DUBUQUE, IOWA 52002-2563
PHONE: (563) 583-0808 FAX: (563) -"3-2206 Email: emsi.asbsetosservices!d`nol.com
PROPOSAL TO:
PHONE:
DATE:
City of Dubuque
(563) 589-4387
Attn: Chris Happ Olson
colson@gityofdubuque.org
September 8, 2025
STREET:
PROd E('T:
50 West 13th Street
Asbestos Inspections -
Eagle Point Park: Veranda Room, Bridge Complex, & Indian Room,
CITY, STATE. ZIP:
Dubuque, IA 52001
1 2601 Shiras Avenue Dubuque, IA 52001
QUOTATION:
Environmental Management Services of Iowa (EMSI) will conduct an asbestos inspection of the Verana Room,
Bridge Complex, and Indian Room located at Eagle Point Park.
Upon completion of the inspections, EMSI will provide reports listing the locations, descriptions, and amounts
of asbestos materials identified. The report will also include all sample results.
Price Complete............................................................ $600.00 for each structure
Payment to be made as follows: Net 10 da sr 1.5% 30 days Past Due
Any alteration or deviation from the above specifications involving extra costs, will be executed only upon written orders, and will become an cvtra charge
over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control.
Iowa, Illinois, and Wisconsin Licensed Authorized Signature: {�
Kim Koeller. President
NOTE: This proposal u.a� he withdrawn if not accepted within 30 days.
Acceptance of Proposal
The above prices, specifications, and conditions are satisfactory
and are hereby accepted. You are authorized to do the work as
specified. Payment will be made as stated above.
Signature:
Date Accepted: Signature:
g& Thank you for the opportunity to provide a quote. If the quote is accepted. lease return a signed and dated copy.
q P p g PY
Page 267 of 525
INDEPENDENT CONTRACTOR AGREEMENT
THIS INDEPENDENT CONTRACTOR AGREEMENT (this "Agreement"), dated for
reference purposes September 19, 2025, is made and entered into by and between the City of
Dubuque, Iowa, a municipal Iowa corporation having its principal place of business at 50 W 13di
Street, Dubuque, IA 52001 (the "City"), and Jonathan R. Brown, an individual having their principal
place of business at 790 Caledonia Place, Dubuque, IA 52001 (the "Contractor").
WHEREAS, the City is a municipal corporation charged with the provision of essential acid
general corporate purposes as outlined in Iowa Code § 384.24, and
WHEREAS, the Contractor is in the business of providing consulting services, and has the
requisite skills and experience to perform such services; and
WHEREAS, the City desires to enter into an independent contractor relationship with
Contractor, and Contractor desires to render services described below for the City on an independent
contractor basis, pursuant to the terms and conditions contained herein; and
NOW, THEREFORE, in consideration of the promises and the matual covenants herein
contained, and for other good and valuable consideration, the receipt of which is hereby
acknowledged, City and Contractor (collectively, the "Parties") hereby agree as follows:
SECTION 1. AGREEMENT FOR SERVICES. Subject to the terms and conditions of this
Agreement, City hereby retains Contractor to provide consulting services at the City's Water and
Resource Recovery Center ("WRRC") regarding the City's:
a. Water and wastewater laboratory analysis and operation;
b. Industrial Pretreatment Program;
C. IDNR and USEPA permitting and operational requirements;
d. NPDES Permitting;
e. .503 Biosolids Rule;
f. Industrial pretreatment;
g. Risk Management Program;
h. Laboratory QAQC programs and procedures; and
i. Provide periodic reports and serve as a resource to the WRRC Director, WRRC Plant
Manager, and WRRC Staff, whether in writing or verbal, (collectively, the "Services"),
and Contractor hereby accepts such engagement. City has entered into this Agreement with
Contractor because of Contractor's unique skills; therefore, all Services must be personally provided
by Contractor.
SECTION 2. TERM. This engagement shall commence as of the date on which the City receives a
fully executed copy of this Agreement (the "Effective Date") and continue in full force and effect
through June 30, 2026 (the "Term").
(A). TERMINATION BY CITY.
Page 1 of 9
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1) City may terminate this Agreement for a material breach of any provision of
this Agreement by Contractor, if Contractor's material breach is not cured within ten
(10) days after the date City provides written notice to Contractor of Contractor's
breach. If City Contractor fails to timely cure any such material breach, then this
Agreement shall terminate upon the expiration of the cure period. If Contractor's
breach is not reasonably capable of being cured within ten (10) days, then this
Agreement shall terminate immediately upon written notice to Contractor of the same.
2) City may terminate this Agreement for any reason, at any time, effective upon
the providing of thirty (30) days' written notice to Contractor of termination.
(B). TERMINATION BY CONTRACTOR.
1) Contractor may terminate this Agreement immediately for a material breach
of any provision of this Agreement by City, if City's material breach is not cured within
ten (10) days after the date Contractor provides written notice to City of City's breach.
If City fails to timely cure any such material breach, this Agreement shall terminate.
2) Contractor may terminate this Agreement, without cause and at any time,
effective upon the providing of thirty (30) days written notice of termination to City
or termination.
SECTION 3. COMPENSATION. As compensation for Contractor's Services, City and
Contractor mutually agree Contractor shall be compensated at the rate of $60.00 (sixty dollars) per
hour, up to a total of 500 hours during the Term of this Agreement. In no event shall Contractor be
compensated more than $30,000.00 (thirty thousand dollars) for Contractor's Services hereunder.
SECTION 4. EXPENSES. In addition to the compensation for Contractor's Services, City agrees
to reimburse Contractor for:
(A). TRAVEL OUTSIDE CITY LIMITS. The actual miles driven by Contractor for travel
outside City limits that is directly tied to the Services, at the then -current IRS standard mileage
rate for business use; and
(B). INSURANCE. Direct costs incurred by Contractor in meeting the insurance
requirements contained herein, up to a total of $1,500.00 (one thousand, five hundred dollars).
SECTION 5. INSURANCE. Contractor must provide City with evidence of liability insurance
meeting the minimum requirements of Insurance Schedule J, a copy of which is attached hereto as
Exhibit B.
SECTION 6. LEGAL COMPLIANCE. Contractor is responsible for compliance with all
applicable laws, statutes, rules, regulations, and ordinances which may apply to the performance of
Contractor's Services under this Agreement, including but not limited to the those outlined in Exhibit
A, and hereby represents and warrants that Contractor is in compliance with the same as of the
Effective Date and further represents that throughout the duration of providing any Services, that
Contractor will remain in compliance. Contractor further represents and warrants that Contractor has
obtained all necessary business permits and licenses that may be required to carry out the Services,
including any permits and licenses that might be required by the state or locality in which Contractor
Page 2 of 9
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performs the Services, and Contractor agrees to maintain, at Contractor's sole expense, such required
permits and licenses for the duration of the term(s) of this Agreement.
SECTION 7. CONFLICTS OF INTEREST; CONFIDENTIALITY. Contractor represents
that they are free to enter into this Agreement, that this engagement does not violate the terms of any
agreement between Contractor and any third -party, and that Contractor has provided to the City all
prior agreements, if any, regarding confidentiality, intellectual property assignment, covenants not to
compete, and non -solicitation obligations which are, or could be, in effect as of the Effective Date.
SECTION 8. RIGHT TO INJUNCTION. The parties hereto acknowledge that the Services to
be rendered by Contractor and their obligations hereunder including, without limitation, their
obligations under Sections G, 7, 9,10, and 11, as well as the rights and privileges granted to City under
this Agreement, are of a special, unique, unusual, and extraordinary character which gives them a
peculiar value, the loss of which cannot be reasonably or adequately compensated by damages in any
action at law, and the breach by Contractor of any of the provisions of this Agreement will cause City
irreparable injury and damage. Contractor expressly agrees that City shall be entitled to injunctive and
other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by
Contractor. Resort to such equitable relief, however, shall not be construed to be a waiver of any other
rights or remedies that City may have for damages or otherwise; this includes, but is not limited to, all
reasonable costs and attorneys' fees incurred by the City in enforcing the provisions of this Agreement.
The various rights and remedies of the City under this Agreement or otherwise shall be construed to
be cumulative, and none of them shall be exclusive of any other or of any right or remedy allowed by
law.
SECTION 9. INDEPENDENT CONTRACTOR RELATIONSHIP.
(A). INDEPENDENT CONTRACTOR STATUS. This Agreement shall not render
Contractor or any of Contractor's agents an employee, partner, agent of, or joint venturer with
City for any purpose. Contractor is and will remain an independent contractor in their
relationship to City. Contractor's agents, if any, are not and will not become City's contractors
or employees. City shall not be responsible for withholding taxes with respect to Contractor's
compensation hereunder. City shall report all payments made to Contractor on a calendar year
basis using IRS Dorm 1099, if required by law. Contractor agrees to report all such payments
to the appropriate federal, state, and local taxing authorities. City shall not and shall have no
obligation to: (a) @ withhold FICA (Social Security and Medicare taxes) from Contractor's
payments or. make FICA payments on Contractor's or Contractor's agents' behalf, (ii) make
state or federal unemployment compensation contributions or payments on Contractor's or
Contractor's agents' behalf, or (iii) withhold state or federal income tax from Contractor's
payments (collectively referred to as the "Taxes"); or (b) obtain workers' compensation
insurance or any other insurance coverage of any kind on behalf of Contractor or Contractor's
agents (collectively, the "Insurances'. Neither Contractor nor Contractor's agents are eligible
to participate in any health, vacation pay, sick pay, or other fringe benefit plan of City
(collectively, the "Benefits"). If any governmental agency or court of proper jurisdiction
determines that Contractor should be reclassified as an employee, Contractor hereby waives
any right to City Benefits and acknowledges and understands that such reclassification shall
not entitle Contractor to any Benefits offered to City's employees.
(B). METHOD OF PERFORMING SERVICES; RESULTS. In accordance with
PT, e3of9
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City's objectives, Contractor will determine the method, details, and means of performing the
Services. City shall have no right to control the manner or determine the method of performing
Contractor's services. Contractor shall provide the Services for which Contractor is engaged to the
reasonable satisfaction of City.
(C). WORKPLACE, HOURS, AND INSTRUMENTALITIES. Contractor may
perform the services required by this Agreement at the location and times mutually agreed
upon by Contractor and City. Except as othenlvise stated herein, Contractor agrees to provide
all tools and instrumentalities, if any, required to perform the services under this Agreement.
(D). LIMITATIONS ON AUTHORITY. Contractor shall have no right, power, or
authority to bind City, its employees, officials, boards, or commissions to the fulfillment of
any condition, contract, or obligation or to create any liability binding on the same.
(E). NONEXCLUSIVE SERVICES. Except as otherwise stated herein, Contractor may,
during the term of this Agreement, render services on Contractor's own account or for any
other person or entity as Contractor sees fit. The City also has the right to contract with others
and/or hire one or more employees to perform the same or similar Services.
(F). REQUISITE SKILLS. Contractor specifically acknowledges and agrees that
Contractor has the requisite knowledge, expertise, experience, professional licenses, and
training to perform the Services, and that the City will not provide Contractor with any training
concerning the manner or methods of performance of the Services, nor will it provide
Contractor with any tools or equipment, except as stated herein, to complete the Services.
SECTION 10. TRADE SECRETS AND CONFIDENTIAL INFORMATION. During the
Term of this Agreement, Contractor may have access to, and become familiar with, various trade
secrets and confidential information belonging to City. Contractor acknowledges that such
confidential information and trade secrets are owned and shall continue to be owned solely by City.
SECTION 11. DOCUMENTS. Under no circumstances shall Contractor remove from City's
offices any of City's books, records, doctuments, or customer lists, or any copy of any such document,
without City's prior written consent; nor shall Contractor snake any copy of any such book, record,
document, or customer list for use outside of City's offices, except as specifically authorized in writing
by City.
SECTION U. WAIVER OF RIGHTS. If, in one or more instances, either party fails to insist that
the other party perform any of the terms of this Agreement, such failure shall not be construed as a
waiver by such party of any other past, present, or future right granted tinder this Agreement, and the
obligations of both parties under this Agreement shall continue in full force and effect.
SECTION 13. SURVIVAL. To the extent stated herein, the obligations contained in Sections 6, 7,
9, 10, 11, and 14 shall survive the termination of this Agreement. Ih addition, the termination of this
Agreement shall not affect any of the rights or obligations of either party arising prior to or at the time
of the termination of this Agreement, or which may arise by any event causing the termination of this
Agreement.
SECTION 14. INDEMNIFICATION. Contractor shall protect, defend, indemnify, and hold
harmless the City, including all its employees, volunteers, ofricial<s (whether appointed or elected),
boards, and. commissions, from any and all claims, demands, suits, damages, losses, expenses,
Page 4of9
Page 271 of 525
liabilities, or causes of action arising or resulting directly or indirectly from or in connection with: (a)
Contractor's breach of this Agreement; (b) Contractor's or Contractor's agents' acts or omissions
outside the scope of the Services; and (c) Contractor's or Contractor's agents' negligent acts or
omissions in performing the Services. Contractor also agrees to indemnify, protect, and hold the City
harmless from any and all tax liabilities and responsibilities for payment of all Taxes, workers'
compensation premiums, and any retirement or pension contributions imposed or required under
federal, state, and local laws, with respect to Contractor and/or Contractor's agents. Contractor's
obligations hereunder shall include the City's cost of defense (i.e., reasonable legal fees and costs), as
well as the payment of any final judgment rendered against the City. City shall protect, defend,
indemnify, and hold harmless Contractor, including Contractor's agents and employees, from any
claims, demands, suits, damages, losses, expenses, liabilities, or causes of action arising or resulting
directly or indirectly from or ui connection with City's or City's agents' negligent acts or omissions in
performing its obligations under this Agreement.
SECTION 15. SUCCESSORS AND ASSIGNS; NO THIRD -PARTY BENEFICIARY
RIGHTS. All the provisions of this Agreement shall be binding upon and inure only to the benefit
of the parties hereto and their respective heirs, successors, and assigns. No provision of this
Agreement shall in any way inure to the benefit of any third -party (including the public at large) so as
to constitute any such person a third -party beneficiary of this Agreement or any provision hereof, or
otherwise give rise to any cause of action for any person not a party hereto. The obligations of
Contractor to perform the Services under this Agreement shall not be assigned, transferred, or
delegated to any other person or entity, without the prior written consent of the City.
SECTION 16. CHOICE OF LAW AND FORUM. The construction, interpretation, and
performance of this Agreement shall be governed by and construed in accordance with the laws of
the State of Iowa, without regard to its conflicts of laws principles. The parties agree that any claim,
controversy, or dispute hereunder, which cannot be resolved amicably between the parties, shall be
resolved by a court of competent jurisdiction in Dubuque County, Iowa and the parties hereby
irrevocably accept and consent to the jurisdiction of such court; provided, however, that City may
bring any action seeking injunctive relief in any court of competent jurisdiction.
SECTION 17. SECTION HEADINGS, INTERPRETATION; AND GENDER. The
headings of the sections herein are inserted for convenience only and are not intended to affect the
meaning or interpretation of this Agreement. References herein to "this Agreement" and the words
"herein", "hereof", and words of similar import refer to this Agreement in its entirety. The pronouns
it, its, and itself shall refer to as herein he, she, his, her, himself, and herself where appropriate.
SECTION 18. ASSIGNMENT. Contractor shall not assign any of its rights under this Agreement
or delegate the performance of any of its duties hereunder without the prior written consent of City.
SECTION 19. NOTICES. All notices, demands, consents, approvals, or other communications
(collectively, the `Notices) required or permitted in connection with this Agreement shall be in
writing and shall be personally delivered, mailed by registered or certified mail g3ostage prepaid), or
delivered by overnight courier service (service fee prepaid) to the address of each party above, or to
such other addresses as may be designated by each party in writing from time to time in accordance
with this Section. If such Notices are delivered personally or by overnight courier service, they shall
be deemed made at the time of such delivery. If such Notices are given by mail, they shall be deemed
Page 5 of 9
Page 272 of 525
given five days after deposit thereof in the United States mail, addressed to the party to whom such
Notices are to be given.
SECTION 20. MODIFICATION OR AMENDMENT. No amendment, change, or
modification of this Agreement shall be valid unless in writing signed by the parties hereto; provided,
however, that the waiver by either party hereto of compliance with any provision hereof or of any
breach or default by the other party need be signed by only the party waiving any such provision,
breach, or default.
SECTION 21. ENTIRE UNDERSTANDING. This Agreement constitutes the entire
understanding and agreement of the parties, and any and all prior agreements, understandings, and
representations are hereby terminated and canceled in their entirety and are of no further force and
effect.
SECTION 22. OPPORTUNITY FOR REVIEW WITH COUNSEL. By executing this
Agreement, the parties represent, acknowledge, and agree that they filly understand their rights and
obligations hereunder, have had ample opportunity to consult with counsel of their choice regarding
the same, have carefully read and fully understand all provisions of this Agreement, and are knowingly
and voluntarily entering into this Agreement.
SECTION 23. CONSTRUCTION OF AGREEMENT. The parties agree that this Agreement
and its reduction to final written form are the result of good faith negotiations between the parties;
that they have carefully reviewed and examined this Agreement before executing the same; and that
any statute or rule of construction regarding resolution of any ambiguity against the drafting party shall
not be employed in the interpretation, construction, or enforcement of this Agreement.
SECTION 24. EXECUTED COUNTERPARTS; FACSIMILES; ELECTRONIC
IMAGES. This Agreement may be executed in any number of counterparts, and all counterparts shall
be considered together as one agreement. The parties hereto agree that facsimile or electronically
imaged signatures shall be as effective as if originals.
SECTION 25. SEVERABILITY. If any term, covenant, or condition of this Agreement is held
by a court of competent jurisdiction to be invalid, or unenforceable, the rest of the Agreement will
remain in full force and effect and will in no way be affected, impaired, or invalidated, unless such
enforcement will frustrate the purpose of this Agreement.
(S&ahire page follows ...)
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the dates below.
CITY OF DUBUQUE JONATHAN R. BROWN
Page 6 of 9
Page 273 of 525
Signed this 28 day of October, 2025
By: Michael C. Van Milligen,
City Manager
Adrienne Breitfelder
Witness (printed name)
Witness (signature)
Signed this LL day of October, 2025
Gt6 n
1Qt7(kf' iA
Witness (printed name)
Page 7 of 9
Page 274 of 525
EXHIBIT A
a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal aid programs and projects);
c) Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq), (prohibits
discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
g) The Civil Rights Restoration Act of 1987, (PL 100-209); (broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964 to include that entities that receive
federal funding must comply with civil rights legislation, including the Civil Rights Act of
1964, the Age Discrimination Act of 1975, and
Section 504 of the Rehabilitation Act of 1973, in all operations, not just in the program or
activity receiving federal funding);
h) Tides II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
Places of public accommodation, and certain testing entities (42 U.S.C. % 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38;
i) The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin., and sex);
j) Section 1557of the Affordable Care Act (prohibits discrimination on the basis of national
origin);
k) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.)
(prohibits discrimination because of sex in education programs or activities);
1) Drug Abuse Office and Treatment Act of 1972, as amended. (21 U.S.C. § 1101 et seq.); and
in) Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as
amended (42 U.S.C. § 4541, et seq.).
Page 8 of 9
Page 275 of 525
EXHIBIT B
Insurance Schedule J
(see following pages)
Page 9 of 9
Page 276 of 525
City of Dubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J
1. 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 subsubconsultant
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.
7. 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.
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.
Page 1 of 4
Schedule J Professional Services December 2024
Page 277 of 525
City of Dubuque Insurance Requirements for Professional Services
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.
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.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
Page 2 of 4
Schedule J Professional Services December 2024
Page 278 of 525
City of Dubuque Insurance Requirements for Professional Services
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 85.1 A, 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.
D) UMBRELLAIEXCESS 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
Noncontributory 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
claimsmade 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.
Page 3 of 4
Schedule J Professional Services December 2024
Page 279 of 525
City of Dubuque Insurance Requirements for Professional 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.
Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code
sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
7. 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. ssertio f 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.
1
Page 4 of 4
Schedule J Professional Services December 2024
Page 280 of 525
City of Dubuque insurance Requirements for Professional Services
(DEPARTMENT MANAGER: FILL. IN ALL BLANKS AND CHECK BOXES)
Page 5 of 4
Schedule J Professional Services December 2024
Page 281 of 525
V
A-'
At. .
Proposal
C
�t
City of Dubuque - IT - Wireless Network Refresh version
2
Quote # 056981
Version 8
Prepared for:
City of Dubuque
Prepared by:
Brian Wessels
4099 McDonald Drive Dubuque, IA 52003
Page 282 of 525
CEC Overview
Thank you for the opportunity to offer CEC services to City of Dubuque. We understand the importance of having
access to the best technologies available to solve your business challenges. CEC partners with leading industry
manufacturers to give you choices on the right technology solutions for your business. The expertise of our people,
the high -quality products and services we deliver, and the experience that our customers have with each interaction
is what makes our partnerships great.
Our Company I Over the years, CEC has evolved and advanced with technology and industry changes, transforming
from a local radio shop to a nationally recognized systems integrator. With offices in the Midwest, our teams work
with local and national customers to custom design, implement and service technology solutions.
We differentiate ourselves from competitors in the importance given to understanding each customer's unique
needs, the partnership created through discovery and our ability to deliver a complete technology solution. Staying
ahead of emerging technologies isn't about simply knowing which systems are best. At the core, it's about having
right people with the expertise to implement and support them - CEC does that like no other organization.
Our Mission I To create world class technology experiences that improve the lives of our people and partners.
New! Managed Systems Program I Managing the complex technology systems throughout your organization can be
a costly distraction from you running your core business. CEC's Managed Systems Program (MSP) packages the latest
technology into an affordable monthly usage payment. With CEC's MSP, customers get installation of the system with
end user training for the life of the system. You'll never worry about downtime because CEC maintains the system
throughout the term including, software upgrades, programming changes, repairs, and an annual PM check to assure
the system is performing optimally. At the end of the term, you will have the option to upgrade to the latest solution.
We stay ahead of technology so you don't have to.
At CEC, The Experience Matters. The expertise of our people, and the experience that
our customers have with each interaction, is what makes our client partnerships great.
Quote #056981 v8 cecinfo.com I IA 1 563-5560772 PajRaA832)b625
Impact of Tariffs
Dear Value Customer,
Changes in tariffs and trade policies are creating new challenges for global supply chains, leading to fluctuation in
material cost and may impact lead times.
As your partner, we want to provide transparency regarding these potential impacts:
• Increased tariffs on imported materials may lead to higher project cost.
• Extended lead times due to trade restrictions can affect project costs.
• Quotes may require review to align with current material cost, potentially leading to price adjustments.
• Supply chain disruptions may extend project completion dates.
CEC is actively working to mitigate effects through several key initiatives:
• Close engagement with suppliers to monitor tariff impacts, lead times, and cost fluctuations.
• Advanced equipment ordering within 30 days of proposal acceptance, when down payment requirements are
met, to secure pricing before further tariff increases.
• Sourcing from alternative suppliers to reduce dependency on affected markets.
• Increased purchase commitments on critical components to ensure availability.
What does this mean for you?
• If advanced equipment ordering is selected, equipment will be invoiced as received by CEC once the down
payment value is exceeded.
• Storage arrangements for early -purchased equipment will be coordinated as necessary.
• Tariff -driven price changes may require project repricing based on material costs at the time of order
fulfillment.
• If the fair market value of equipment increases due to tariffs, CEC reserves the right to review and adjust
equipment pricing accordingly.
Delivering a great customer experience remains our top priority. We are committed to open communication and
proactive solutions to navigate these evolving challenges.
Thank you for your partnership,
Michael Tierney
CEO
Scope of Work
Quote #056981 v8 cecinfo.com I IA 1 563-5560772 PaJRaA843)b625
City of Dubuque
Information Services
Dubuque,IA 52002
City of Dubuque - IT - Wireless Network Refresh version 2
This Statement of Work ("SOW') formally establishes and documents the scope, objectives, and overall
approach for delivering the Wireless Refresh Proposal to the City of Dubuque, as outlined below. This SOW
serves as a definitive guide for both parties, ensuring alignment on deliverables, and responsibilities
throughout the project. This proposal reflects the design information current as of 09/16/2025.
1. Device Locations and Installation Parameters
The following new device installation parameters are included within this SOW:
• FortiGate 201 G Wireless Controller - HA Pair
o Quantity x2
o To be pre -configured in CEC Fabrication Lab
• FortiAP 231 K Access Points
o Quantity x75
o To be configured in CEC Fabrication Lab prior to deployment/installation
■ Exact deployment locations and placings, including accessibility are to be confirmed in
a conversation prior to Project Kickoff Call between CEC Engineer and Customer
contact. These details will be shared with the deployment team during aforementioned
Kickoff Call.
■ Quantity registered and configured by CEC will include up to x63 APs; the delta from
the total quantity shall be the responsibility of the Customer.
■ Testing of existing cable during AP deployment is NOT included in this scope of work.
Should unforeseen issues arise during the installation of this equipment, additional time
to remedy shall be susceptible to a time and materials ticket.
• One CAT6 cable run in JOTC Training Center.
o Floor plans and path to be determined during pre -project call between CEC Engineer and
Customer Contact.
2. Software and Integrations
This SOW includes software and third -party integration services:
• System Software
• Premium Support Licenses for the following
• FG-201 G -Quantity x2
Quote #056981 v8 cecinfo.com I IA 1 563-5560772 Paq�A85,bbM
• 5-Year Term
• FAP-231 K - Quantity x75
• 5-Year Term
• [Activation/Registration of x63 APs is responsible by CEC; the rest (x12) to be
activated by the Customer]
• CEC is able to provide renewal of all proposed licenses.
• Technical Services for Integrations
o Integration with customer -provided interfaces:
o City of Dubuque Radius Server for authentications
o CEC to provide configurations of IP for Authentication server within new
Wireless Controller. Customer responsible for configuration of authentication
server and connection to the Wireless Controller.
3. Customer Notes and Exceptions
The following items should be noted for specific customer information and/or excluded from this SOW:
• Prior to the implementation of the Scope of Work listed above, CEC will schedule a required meeting
with Customer Contact to coordinate, review, and confirm Access Point placement, location, and
deployment constraints prior to the Customer Kickoff Call.
• Broadcast SSIDs to be standardized in coordinated meeting between CEC Lead Technician and
Customer contact.
• Any advanced configurations to be CEC determines during deployment are to be disclosed,
documented, and communicated to Customer and Customer Contact. Should any changes need to
be made to these advanced configurations, these changes are part of the scope of this project.
Quote #056981 v8 cecinfo.com I IA 1 563-5560772 PagRaAb6Db625
I {qV
9As
------------
bf
Responsibilities
Legend: P=Provide, 1=Install, E=Existing
4
Task
CEC
Customer
Comments
FG-201G
P & I
Unbox, Configure, and Install Wireless Controller devices
FAP-231 K (x63)
P & I
Unbox, Configure, and Install Access Points by CEC
FAP-231 K (x12)
P
I
Unbox, Configure, and register/activate by Customer
Patch Cables
P & I
Provide all copper/fiber patch cables as necessary
Equipment Conditions
P
Customer to provide adequate Rack space and equipment
conditions (Power, cooling,
Network (LAN/WAN)
I
P
Connection
Floor Plan Drawings
I
P
Provide floor plans of designated building during Project Kickoff
Call
Final Project Documentation
P
Quote #056981 v8 cecinfo.com I IA 1 563-5560772 PaJR-a4&7@)b525
• Timelines: All work by CEC must be scheduled through our Project Management Office (PMO) to allow sufficient time
for equipment delivery and workforce scheduling. Upon project award, our PMO will contact you to confirm project
timelines and resource availability. Standard labor services lead time is 4 to 6 weeks from project award.
• Standard Schedule: This quotation assumes a standard installation schedule. All CEC labor will be performed during
CEC business hours, excluding holidays, unless otherwise specified and may incur additional charges. Expedited
deliveries or schedules are not included unless specified and may incur additional charges.
• Project Phases: Proposal is based on a single-phase project completion unless multi -phase is specified in the
proposal.
• The Davis -Bacon Act, prevailing wage, union labor, or certified payroll requirements are not included unless explicitly
stated in the scope of work. It is the recipient's responsibility to notify CEC if any of these requirements apply and to
provide the necessary wage determination. If the recipient or ordering party fails to inform CEC of such conditions, CEC
will not be responsible for any additional costs incurred.
• All taxes, including sales, use, excise, and similar charges, are estimated and provided for reference only. The
Customer is solely responsible for the payment of any applicable taxes, whether or not included in the initial estimate or
invoice. Customer must provide valid exemption certificates upon signature.
• Delays: Delays incurred by CEC employees and its subcontractors due to factors like escorts, clearances, or
restricted workspaces beyond our control will be invoiced at our current labor rates.
• Change Management: Any changes to this proposal must be communicated and approved in writing by an authorized
customer representative before work begins.
• Existing Equipment: It is assumed that any existing equipment and cabling used in the new system are in good
working condition. Any deficiencies discovered will be reported to the customer and replaced or repaired at an
additional cost.
• Discontinued Equipment: Equipment items provided in this proposal are based on the current models specified in the
equipment list or project submittal. Any modifications due to product discontinuation by the manufacturer may result in a
change to the project price.
• On -Site Storage: The customer is responsible for providing secure, temporary storage for equipment and cable during
the project installation. If adequate storage space is unavailable for CEC-provided system equipment and/or cable, CEC
will arrange for alternate storage at additional cost. The customer assumes responsibility and ownership of all
equipment upon receipt.
• Drawings: If current CAD (dwg/xref) files are not provided to CEC additional charges may apply. Additional CAD time
for customer -requested updates or AHJ-specific requirements outside of the original scope of work may incur additional
charges. BIM (Building Information Modeling) is excluded unless specified in the scope of work.
• Software Term begins upon the manufacturer's acknowledgment of the activation date, as defined by their licensing or
activation policy. This proposal includes software based on the support terms available at the time of quoting. Any
renewal or modification of software support terms outside of this proposal may result in additional costs to align (co -
term) the support periods.
• Warranty: Warranty shall begin on the date of beneficial use, or the project close out, whichever comes first. Said
warranty is for equipment installed under this project and warranty does not extend to existing equipment.
Standard warranty work is performed during normal CEC business hours.
• Pricing is based on current market conditions. While we will make reasonable efforts to maintain quoted pricing, if
material or equipment costs increase prior to project commencement or purchase, we reserve the right to issue a
change order to reflect such cost increases.
Quote #056981 v8 cecinfo.com I IA 1 563-5560772 PaJ1:ta4&8-bb525
communications
Cngineerinq company
FC-10-F2H1G- FortiGate-201G 5 Year FortiCare Premium Support
247-02-60
FC-10-P231 K- FortiAP-231 K 5 Year FortiCare Premium Support
247-02-60
Subtotal
75
$23,008.10
Quote #056981 v8 cecinfo.com I IA 1 563-5560772 Pang&98)b525
I
Comm
engi•ieering
Hardware
Wireless Controller
FG-201G FortiGate-201 G1 0 x GE RJ45(including 1 xMGMT port, 1 xHA port, 8 xswitch ports), 4 xGE SFP slots, 8
2
x5GE RJ45, 8 x10GE SFP+ slots,NP71-ite and CP10hardwareaccelerated,480GB onboardSSD storage.
Wireless Access Points
FAP-231 K-A FortiAP-231 K Indoor Wireless AP - (WiFi 7 IEEE Tri-band 2.4/5/6GHz 2+2+2 2 streams 3 radios), internal
75
antennas, 100/1000/2500/5000 Base-T RJ45, BT/BLE, 1x RS-232 RJ45 Serial Port. Ceiling/wall mount kit
included.
Miscellaneous and Accessories
MISC Miscellaneous Consumables (Velcro, Rack Screws, etc)
1
MISC CAT6 Equipment for AP run
1
Subtotal:
$37,925.85
Quote #056981 v8 cecinfo.com I IA 1 563-5560772 Paj1:ta4@09)b525
071
City of Dubuque - IT - Wireless Network Refresh version 2
Prepared by: Prepared for: Quote Information:
Communications Engineering City of Dubuque Quote #: 056981
Company
Brian Wessels Information Services Version: 8
(319) 294-9000 7850 Chavenelle Road Proposal Delivery Date: 09/25/2025
Fax 563-6900747 Dubuque, IA 52002 Proposal Expiration Date: 10/17/2025
bwessels@cecinfo.com Mike Van Milligen
(563) 589-4100
spuls@cityofdubuque.org
Software I $23,008.10
Hardware $37,925.85
Installation Services $19,693.80
Estimated Tax: $0.00
One -Time Expense Total: $80,627.75
Quote #056981 v8 cecinfo.com I IA 1 563-5560772 Pjgz91(bb625
4P"
A deposit of 40% is required at the time of purchase for all orders over $10,000. Progress payments for material delivered and
labor expended will be invoiced monthly. Invoice terms are NET 30 with approved credit.
This Proposal for sale of equipment or performance of services by CEC is subject to, and expressly conditioned upon CEC
Standard Terms and Conditions. (http://www.cecinfo.com/terms) CEC Standard Terms and Conditions cannot be waived or
altered without the express written consent of CEC Corporate Officer. By signing this Proposal, Customer expressly agrees to be
bound by the terms of this Proposal and the CEC Standard Terms and Conditions. If the parties have entered into a valid Master
Service Agreement, for the services provided, that agreement supersedes the acceptance of the currently listed CEC ST&Cs.
Information contained in this proposal, including part numbers, installation details, pricing information, and engineering drawings
shall be considered Proprietary and Confidential, and shall not be duplicated or shared with persons other than the intended
recipient(s) referenced above.
Communications Engineering Company
Signature: - .!`� W eX44&
Name:
Brian Wessels
Title:
Sales Executive
Date:
09/25/2025
City of Dubuque
Signature:
Name: Mike Van Milligen
Date: 10/28/25
PO Number:
To accept please sign and return all pages of this document, or a -sign via the Order Porter web link.
Quote #056981 v8 cecinfo.com I IA 1 563-5560772 P&YEg292tb525
THE CITY OF
DUBbE
Masterpiece on the Mississippi
CITY OF DUBUQUE, IOWA
SHORT FORM
VENDOR SERVICE AGREEMENT
City of Dubuque
Dept:
50 W. 13th Street
Dubuque, IA 52001
Phone #
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
Communication Engineering Compa
(Vendor Name)
405 Boyson Rd, Hiawatha, IA 52233
(Vendor Address - City and State)
PROJECT TITLE: Citv of Dubuque - IT- Wireless Network Refresh
(Vendor) at
(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:
See attached quote number Quote # 056981 for the SOW and materials they are providing.
The work described above shall be completed at the following location(s):
city hall, city hall annex, data center, fire statioins, public works, Jule, MFC, council chambers,Wrrc, Greenhouse,
police dept,
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 and ordinances of the
City of Dubuque, just as much as if the detailed statements thereof were repeated herein.
Page 1 of 14
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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 Schedule G for Vendors (Exhibit B) or Insurance Schedule J for
Professional Services (Exhibit C).
Check Appropriate Box
0 Insurance Schedule G — Vendors
Z 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
3-1-2026
(DATE)
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.
Page 2 of 14
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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 G or Insurance Schedule J attached to this Contract.
Check Appropriate Box
❑ Insurance Schedule G — Vendors
❑ Insurance Schedule J — Professional Services
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.
THE CITY AGREES:
Upon the completion of this Contract, and the acceptance of the Project by the City Manager,
the City agrees to pay the Vendor as full compensation for the complete performance of this Contract,
the amount stated below, less any agreed damages provided for in the Contract Documents.
CONTRACT AMOUNT $ 80,627.75
CITY OF DUBUQUE, IOWA VENDOR:
By: 11c , Aal ," 10/28/25 Communication Engineering Company
Ochael C. Van Milligen Date Company Name
City Manager
By: Chumley Hodgson ' �®`, °H 10/23/2025
Signature Date
Chumley Hodgson
Printed Name
Service Product Manager
Title
Page 3 of 14
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VENDOR ACKNOWLEDGEMENT OF
ATTACHED SPECIAL CONDITIONS:
No
Signature Date
Printed Name
Title
Page 4 of 14
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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 14
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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 14
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EXHIBIT B
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
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. 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.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement.
6. All required endorsements shall be attached to 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 7 of 14
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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 8 of 14
Page 300 of 525
INSURANCE SCHEDULE G (continued)
C) POLLUTION LIABILITY
Coverage required: _Yes _ No
Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any
pollution exposure for abatement of hazardous or contaminated materials including, but not limited to,
petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed
operations coverage shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The 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.
D) PROFESSIONAL LIABILITY $1,000,000
Coverage required: _ Yes _ No
If the required policy provides claims -made coverage:
1) The Retroactive Date must be shown and must be before the date of the agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at least five (5)
years after completion of the work or services.
3) If coverage is canceled or non -renewed and not replaced with another claims -made policy
form with a Retroactive Date prior to the date of the agreement, the contractor must provide
"extended reporting" coverage for a minimum of five (5) years after completion of the work or
services.
E) CYBER LIABILITY/BREACH $1,000,000
Coverage required: _ Yes _ No
Coverage for First and Third Party breach liability including but not limited to lost data and restoration,
loss of income and cyber breach of information.
F) UMBRELLA/EXCESS $1,000,000
Coverage required: _ Yes _ No
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 9 of 14
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Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule
may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to
preserve those immunities, please use this endorsement or an equivalent form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy
and the including of the 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 10 of 14
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EXHIBIT C
INSURANCE SCHEDULE J
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.
7. 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.
8. 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.
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 agreement, subject to written mutual agreement
attached hereto.
Page 11 of 14
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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.
1) 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
Page 12 of 14
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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.
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 13 of 14
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Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule
may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to
preserve those immunities, please use this endorsement or an equivalent form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy
and the including of the 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 14 of 14
Page 306 of 525
Dubuque
THE CITY OF
B TE
u Auena pry
'I��'DU
I.
Masterpiece on the Mississippi
2007.2012.2013
2017*2019
City of Dubuque
Fire Department
11 West 9th Street, Dubuq
(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 Jason Schueller-Schueller Restoration/Xtreme Clean & Coatings
(Vendor Name)
325 Stone Valley Drive, Dubuque, Iowa 52003
(Vendor Address - City and State)
PROJECT TITLE: BLDG MAINT AT STATION 3
(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:
Install epoxy floor in the living area at Fire Station 3
The work described above shall be completed at the following location(s):
Fire Station #3, 3155 Central Avenue, 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 307 of 525
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 308 of 525
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 309 of 525
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 $ 13,750.50
CITY OF DUBUQUE, IOWA
By: -Z�k �10/29/2025
Michael C. Van Milligen Date
City Manager
U/ 4 ki I ITS]:4
Schueller Restoration/Xtreme Clean & Coating
Company Name
10/28/2025
Signature Date
Jason m schueller
Printed Name
Owner
Title
Page 4 of 20 Page 310 of 525
EXHIBIT A
11114:7M6'V_1LII1Z9191LIQ111 M Z69
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 311 of 525
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 312 of 525
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 313 of 525
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 #1315000010 Project name: BLDG MAINT AT STATION or Project Location at
3155 Central Ave. Dukor 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.
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 314 of 525
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 315 of 525
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 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 316 of 525
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 317 of 525
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 318 of 525
FIRST AMENDMENT
TO
LEASE AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
GRTD INVESTMENTS, LLC
This First Amendment to Lease Agreement, dated for reference purposes the
day of , 2025, is made and entered into by the City of Dubuque, Iowa,
a municipality (City) and GRTD Investments, LLC, an Iowa limited liability company
(GRTD).
WHEREAS, City and GRTD entered into a Lease Agreement dated November 1,
2022 with respect to the matter specified therein; and
WHEREAS, City and GRTD desire to further amend the Lease Agreement as set
forth herein.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL TERMS AND
COVENANTS CONTAINED HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH
ARE ACKNOWLEDGED BY THE PARTIES, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. PREMISES AND TERM. City leases to GRTD the following real
estate, situated in Dubuque County, Iowa, shown on Exhibit A (the Leased Premises),
together with all improvements thereon, and all rights, easements and appurtenances
thereto belonging, for a term beginning on the 1st day of November, 2025, and terminating
on the 31st day of October, 2028.
SECTION 2. RENT. GRTD agrees to pay City as rent One Hundred and Fifty
Dollars ($150.00) per year during the Term in advance commencing on the 1st day of
November 2025 and on the 1st day of November of each year thereafter during the Term
of this Lease Agreement. All sums must be paid to the Finance Department, City Hall, 50
West 13t" Street, Dubuque, IA, 52001.
CITY OF DUBUQUE, IOWA
By:
Mic ael C Van Milligen, City Manager
GRTD INVESTMENTS, LLC
/)"—
By;
Dennis Buchheit, Owner
Page 319 of 525
Attest:
Adrienne N. Breitfelder, City Clerk
Dubuque
THE COF
l�
DtUB E
IFAWM C q
'.Hill
2007-2012.2013
2017*2019
Masterpiece on the Mississippi
City of Dubuque
Dept: Water
50 W. 13th Street
Dubuque, IA 52001
Phone # 563-589-4291
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
Eastern Iowa Excavating and Concrete, LLC (Vendor) at
(Vendor Name)
121 Nixon St SE #7753 Cascade, IA 52033
(Vendor Address - City and State)
PROJECT TITLE: Street patches for Water main repairs
(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:
Mobilization, HMA Pavement, Excavation, Pavement removal, 6" Mod Subase, Valve Box
adjustment, traffic control, backfill, and seeding.
The work described above shall be completed at the following location(s):
E 14th St and Elm St
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 and ordinances of the City
of Dubuque, just as much as if the detailed statements thereof were repeated herein.
Page 1 of 13
Page 321 of 525
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 Schedule G for Vendors (Exhibit B) or Insurance Schedule J for
Professional Services (Exhibit C),
Check Appropriate Box
❑ Insurance Schedule G — Vendors
Z 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
12/14/2025
(DATE)
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.
Page 2of13
Page 322 of 525
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 G or Insurance Schedule J attached to this Contract.
Check Appropriate Box
❑ Insurance Schedule G — Vendors
0 Insurance Schedule J — Professional Services
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.
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 $ 28,318.00
CITY OF DUBUQUE, IOWA VENDOR:
By. 10/29/2025 Eastern Iowa Excavating and Concrete, LLC
lichael C. Van Mllllgen Date ny Name
City Manager
B 10-22-2025
Signature Date
Chad Demmer
Printed Name
Owner
Title
Page 3 of 13
Page 323 of 525
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.
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.
Page 4 of 13
Page 324 of 525
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 5 of 13
Page 325 of 525
EXHIBIT C
INSURANCE SCHEDULE J
Eastern Iowa Exc 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 E 14th St or construction of road repairs,
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.
7. 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.
8. 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.
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 agreement, subject to written mutual agreement
attached hereto.
Page 10 of 13
Page 326 of 525
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 131h 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.
1) 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 $600,000
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 11 of 13
Page 327 of 525
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 X 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 12 of 13
Page 328 of 525
Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may
result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve
those immunities, please use this endorsement or an equivalent form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy
and the including of the 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 13 of 13
Page 329 of 525
Page 330 of 525
Page 1 of 2
EXCAVATING &
CONCRETE, LLG
563-4 5-212E3 • 5�3-54 -��251
QUOTATION
TO: CITY OF DUBUQUE
RE: DUBUQUE, IA, ELM ST & 14TH ST
Bid Date: Friday, October 10, 2025
We are pleased to offer the following quotation:
ITEM DESCRIPTION
Date;
10/9/2025
QTY UNITS UNIT PRICE EXTENSION
1 MOBILIZATION
1
LS
$ 1,200.00
$1,200.00
2 30" CURB AND GUTTER
38
LF
47.00
1,786.00
3 HMA PAVEMENT
304
SY
53.00
16,112.00
4 EXCAVATION
1
LS
2,850.00
2,850.00
5 PAVEMENT REMOVAL
1
LS
1,385.00
1,385.00
6 MOD SUBBASE, 6"
110
TON
20.50
2,255.00
7 VALVE BOX ADJ
2
EA
565.00
1,130.00
8 TRAFFIC CONTROL
1
LS
850.00
850.00
9 BACKFILL AND SEEDING
1
LS
750.00
750.00
Total
$ 28,318.00
Page 331 of 525
Page 332 of 525
Dubuque
THE CITY OF
l
DUB E
IIIw1o01�
111111
2007-2012.2013
2017*2019
Masterpiece on the Mississi17E7i
City of Dubuque
Dept: Water
50 W. 13th Street
Dubuque, IA 52001
Phone # 563-589-4291
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
Eastern Iowa Excavating and Concrete, LLC (Vendor) at
(Vendor Name)
121 Nixon St SE #7753 Cascade, IA 52033
(Vendor Address - City and State)
PROJECT TITLE: Regrading of ditch over water main on Old Davenport Rd
(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:
Mobilization, tile line repair, reshaping grade, filling and compacting of washed out area, traffic control, class E Rip Rap,
erosion stone, and hydroseeding
The work described above shall be completed at the following location(s):
Old Davenport Rd and O Rourke Rd
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 and ordinances of the City
of Dubuque, just as much as if the detailed statements thereof were repeated herein.
Page 1 of 13
Page 333 of 525
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 Schedule G for Vendors (Exhibit B) or Insurance Schedule J for
Professional Services (Exhibit C).
Check Appropriate Box.
❑ Insurance Schedule G — Vendors
0 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
12/14/2025
(DATE)
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.
Page 2 of 13
Page 334 of 525
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 G or Insurance Schedule J attached to this Contract.
Check Appropriate Box
❑ Insurance Schedule G — Vendors
21 Insurance Schedule J — Professional Services
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.
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 $ 6,725.00
CITY OF DU JBUUQUE, IOWA
By: !/
ichael C. Van illigen
City Manager
VENDOR:
10/29/2025 Eastern Iowa Excavating and Concrete, LLC
Date aignatu
y Name
B 10-22-2025
re Date
Chad Demmer
Printed Name
Owner
Title
Page 3 of 13
Page 335 of 525
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.
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.
Page 4 of 13
Page 336 of 525
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.
Q. 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 5 of 13
Page 337 of 525
EXHIBIT C
INSURANCE SCHEDULE J
Eastern Iowa Exc shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage
required in Exhibit 1 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 Old Day. Rdor construction of Ditch repair,
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and a[[
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 subconsu[tant 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.
7. 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.
8. 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.
9. Contractor shall be responsible for deductibles and self -insured retention for payment of a[[ 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 10 of 13
Page 338 of 525
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 13'" 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.
1) 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 11 of 13
Page 339 of 525
D) UMBRELLAIEXCESS 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 X 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 12 of 13
Page 340 of 525
Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may
result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve
those immunities, please use this endorsement or an equivalent form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy
and the including of the 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 13 of 13
Page 341 of 525
Page 342 of 525
QUOTATION
RE: DUBUQUE, IA, OLD DAVENPORT RD REGRADING
Bid Date: Friday, October 10, 2025
We are pleased to offer the following quotation:
ITEM DESCRIPTION
Page 1 of 2
Date:
10/9/2025
QTY UNITS UNIT PRICE EXTENSION
1 MOBILIZATION
1
LS
$ 950.00
$950.00
2 RESHAPING GRADE
1
LS
3,500.00
3,500.00
3 CLASS E RIP RAP
15
TON
55.00
825.00
4 EROSION STONE
15
TON
40.00
600.00
5 HYDRO SEEDING
1
LS
850.00
850.00
Total
$ 6,725.00
Page 343 of 525
Page 344 of 525
Dubuque
THE CITY OF
DUB E
*AMMIn Gq
111jIf
2007-2012.2013
2017*2019
Masterpiece on the Mississippi
City of Dubuque
Dept: Water
50 W. 13th Street
Dubuque, IA 52001
Phone # 563-589-4291
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
Eastern Iowa Excavating and Concrete, LLC (Vendor) at
(Vendor Name)
121 Nixon St SE #7753 Cascade, IA 52033
(Vendor Address - City and State)
PROJECT TITLE: Street patches for Water main repairs
(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:
Mobilization, HMA Pavement, Excavation, Pavement removal, 6" Mod Subase, Valve Box
adjustment, , manhole adjustment, backfill, and seeding.
The work described above shall be completed at the following location(s):
Eagle St and Althauser St
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 and ordinances of the City
of Dubuque, just as much as if the detailed statements thereof were repeated herein.
Page 1 of 13
Page 345 of 525
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 Schedule G for Vendors (Exhibit B) or Insurance Schedule J for
Professional Services (Exhibit C).
Check Appropriate. Box
❑ Insurance Schedule G — Vendors
121 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
12/14/2025
(DATE)
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.
Page 2 of 13
Page 346 of 525
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 G or Insurance Schedule J attached to this Contract.
Check Appropriate Box
❑ Insurance Schedule G — Vendors
El Insurance Schedule J -- Professional Services
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.
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 $ 33,492
CITY OF DUBUQUE, IOWA VENDOR:
By: U 10/29/2025 Eastern Iowa Excavating and Concrete, LLC
Ichael C. Van M-illigen Date m=L��
City ManagerB :10-22-2025
Ignature Date
Chad Demmer
Printed Name
Owner
Title
Page 3 of 13
Page 347 of 525
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.
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.
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Page 348 of 525
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 5 of 13
Page 349 of 525
W4-:11- � 1%3
INSURANCE SCHEDULE J
Eastern Iowa Exc 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 Eagle St or construction of road repairs.
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. Beat's Rating Guide.
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.
7. 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 1. 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.
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 agreement, subject to written mutual agreement
attached hereto.
Page 10 of 13
Page 350 of 525
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 13'" 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.
1) 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 11 of 13
Page 351 of 525
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 fora minimum of five (5) years after completion of the work or services.
F) CYBER LIABILITY/BREACH $1,000,000
Yes X 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 12 of 13
Page 352 of 525
Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may
result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve
those immunities, please use this endorsement or an equivalent form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
4. 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 13 of 13
Page 353 of 525
Page 354 of 525
Page I of 2
--� EXC,RIVATlNG &
C�NC-6tETE, LAC
5 3-495-�12 • 5 -54�3 3251
QUOTATION
TO: CITY OF DUBUQUE
RE: DUBUQUE, IA, EAGLE ST & ALTHAUSER ST PAVEMENT
Bid Date: Friday, October 10, 2025
We are pleased to offer the following quotation:
ITEM DESCRIPTION
1 MOBILIZATION
2 HMA PAVEMENT
3 EXCAVATION
4 PAVEMENT REMOVAL
5 MOD SUBBASE, 6"
6 MANHOLE ADJ
7 VALVE BOX ADJ
8 BACKFILL AND SEEDING
Total
QTY UNITS
LS
384 SY
1 LS
1 LS
140 TON
3 EA
1 EA
1 LS
Date:
10/14/2025
UNIT PRICE EXTENSION
$ 1,200.00
$1,200.00
53.00
20,352.00
2,000.00
2,000.00
2,000.00
2,000.00
20.50
2,870.00
1,185.00
3,555.00
565.00
565.00
950.00
950.00
$ 33,492.00
Page 355 of 525
Page 356 of 525
Independent Contractor Agreement
THIS INDEPENDENT CONTRACTOR AGREEMENT (this "Agreement") is made and
entered into, as of June 30, 2025 by and between the City of Dubuque, Iowa, a municipal
Iowa corporation having its principal place of business at 50 W 13t" Street, Dubuque, IA
52001 (the "City"), and Fowler Public Sector Consulting LLC, an Iowa limited liability
company having its principal place of business at 3482 Raven Lane NE, Cedar Rapids,
IA 52402 (the "Contractor").
WHEREAS, the City is a municipal corporation charged with the provision of essential
and general corporate purposes as outlined in Iowa Code §384.24.
WHEREAS, the Contractor is in the business of providing consulting services, and has
the requisite skills, professional license(s), and experience to perform such services.
WHEREAS, the City desires to enter into an independent contractor relationship with
Contractor, and Contractor desires to render services described below for the City on an
independent contractor basis, pursuant to the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the promises and the mutual covenants herein
contained, and for other good and valuable consideration, the receipt of which is hereby
acknowledged, City and Contractor (collectively, the "Parties") hereby agree as follows:
1. Agreement for Services. Subject to the terms and conditions of this Agreement,
City hereby retains Contractor to provide the City with the following services:
a. Provide department manager supervision to Housing & Community
Development staff. This includes providing day-to-day direction and
management of activity, performance management, approval of administrative
requests (including but not limited to timesheets, leave requests, salary
increases, employee hires), and respond to resident requests and complaints.
b. Ensure Compliance with all federal regulations, direct use of funds, report to
federal agencies, underwrite loans, develop administrative plans, and HUD -
required community engagement .
c. In partnership with the City Manager's Office, the Human Resources
Department, and the Finance Department, complete a departmental review to
analyze current organizational chart, job descriptions, and personnel
compliment/budget. Make recommendations for change and begin
implementation as appropriate.
d. Implement recommendations of the Housing & Community Development
Department workplace culture audit as requested by the City Manager, and in
partnership with above -referenced departments.
and Contractor hereby accepts such engagement. City has entered into this Agreement
with Contractor because of the unique skills and experience of Contractor's principal,
Sandra Fowler ("Fowler"); therefore, Contractor agrees all services shall be personally
provided by Fowler.
1
Page 357 of 525
2. Duration, Indemnification and Notice. This Agreement shall become effective
July 1, 2025, and shall continue on a month to month basis. The City and the Contractor
may extend the term of this Agreement thereafter by written mutual agreement
To the extent permitted by law, each Party shall fully defend, indemnify and hold harmless
the other Party and its officers, directors, employees, agents, representatives, successors
and assigns (collectively, "Indemnified Parties") from any and all claims, demands,
causes of actions, costs, expenses, liability, losses, or damages including attorney's fees
and expenses ("Claims"), whether in law or in equity, for bodily injury, death or property
damage arising out of, relating to or caused by, in whole or part, the negligence, errors,
omissions or willful misconduct of the indemnifying party or its officials, officers,
employees, subcontractors, consultants or agents, relating to or connected with
performance under this Agreement, unless Claims are caused wholly by the sole
negligence or willful misconduct of the Indemnified Parties.
A Party's indemnity obligations under this Section are contingent upon the indemnified
party: a) promptly notifying indemnifying party of each claim; provided, however, that the
indemnified Party's failure to give prompt notice to the indemnifying party of any such
claim shall not relieve the indemnified party of any obligation under this Section except
and to the extent that such failure materially prejudices the indemnifying party's ability to
defend against such claim; b) providing the indemnifying party with sole control over the
defense and/or settlement thereof, provided however, that indemnifying party shall not
settle any claim that includes an admission of wrongdoing by indemnified parties or
otherwise adversely affects indemnified parties' interests without prior consent; and c) at
the indemnifying party's request and expense, providing full information and reasonable
assistance to the indemnifying party with respect to such claim.
Either party may terminate this agreement by giving written notice of said termination to
the other party.
3. Compensation. City shall pay Contractor the gross amount of $125 per hour, in
exchange for which Contractor will work up to the equivalent of three (3) business days
(24 (twenty-four) hours) per calendar week in person or remotely, as best suited to serve
the needs of the City and the Contractor.
Should Contractor be required to work more than three business days in any single
calendar week, such additional time shall be billed at $125 per hour. Any such work
beyond the base amount shall only be performed if authorized by City and agreed to by
Contractor, confirmed in writing. Emails between Contractor and City's designated
authority shall be sufficient to establish authorization and agreement to perform additional
work.
All sums shall be billed monthly by Contractor and paid upon receipt.
Consultant shall pay all taxes incurred while performing services under this Agreement,
including all applicable state and federal income taxes and, if Contractor is not a
corporation, self-employment (Social Security) taxes. The City shall not withhold FICA
Page 358 of 525
(Social Security and Medicare) taxes, state income taxes, or federal income taxes from
payments to Contractor. The City shall not make FICA payments for or on behalf of
Contractor.
The City agrees to provide Contractor with access to its technology systems as necessary
to perform Contractor's duties under this Agreement. Contractor shall be responsible for
all expenses incurred while performing services under this Agreement, including mileage,
vehicle expenses, insurance premiums, including liability insurance, cell phone expenses,
and internet expenses.
4. Independent Contractor Status. Contractor is an independent contractor.
Contractor is not, nor shall be deemed, the City's employee. In Contractor's capacity as
an independent contractor, Contractor agrees and represents, and the City agrees, as
follows:
a. Contractor has the right to perform services for others during the term of
this Agreement.
b. Contractor has the sole right to control and direct the means, manner, and
method by which the services required by this Agreement subject to the
terms of this Agreement including but not limited to the requirements of the
City's operating hours and scheduled meetings.
c. Contractor shall not receive any training from the City in the professional
skills necessary to perform the services required by this Agreement.
5. Compliance with Federal, State, and Local Laws. Contractor represents and
warrants that Contractor will comply with all federal, state, and local laws, including any
licenses, permits, or certificates required to carry out the services to be performed under
this Agreement.
6. Unemployment Compensation. The City shall make no state or federal
unemployment compensation payments on behalf of Contractor, Contractor's employees,
or contract personnel hired by Contractor. Contractor, Contractor's employees, and
contract personnel shall not be entitled to unemployment compensation benefits in
connection with work performed under this Agreement.
7. Insurance. The City shall not obtain workers' compensation insurance on behalf
of Contractor. During the term of this Agreement, Contractor will maintain the following
minimum insurance coverages and provide Certificates of Insurance to the City upon
request:
a. Professional Liability $1,000,000 aggregate
Contractor shall provide proof of automobile liability insurance coverage to the City,
together with limits reasonably acceptable to the City. By providing such proof to the City,
Contractor represents and warrants that Fowler is an authorized driver under such policy
and shall remain so authorized for the duration of this Agreement.
THE PARTIES PROVIDE APPROVAL TO PROCEED and this Agreement to be
executed as indicated below.
3
Page 359 of 525
CITY OF DUBUQE
Z�tA� k1w,12:0 la-Aeym-
By: kchael C. Van Mi ligen, City Manager
Date
10/22/2025
FOWLER PUBLIC SECTOR CONSULTING LLC Date
10/29/2025
By: Sandra (Sandi) Fowler, Authorized Representative
Page 360 of 525
EMPLOYER MANDATE REPORTING SERVICES CONTRACT
This Agreement (the "Agreement") between Cottingham & Butler Insurance Services, LLC.
("Cottingham & Butler"), and City of Dubuque (the "Client") (collectively the "Parties"), confirms that the Client
will engage Cottingham & Butler to prepare and file required Internal Revenue Service ("IRS") Forms
1094-C and 1095-C (collectively the "Forms") on behalf of the Client and that Cottingham & Butler will provide
to the Client an electronic copy of Form 1095-C for distribution to employees.
SECTION 1. SCOPE OF SERVICES. Cottingham & Butler will provide services necessary for the Client to complete
and file the Forms. Cottingham & Butler will also provide to the Client electronic copies of completed Form 1095-
C in a format suitable for distribution to the Client's employees, along with one submission of Social Security
Number and names to the IRS for TIN Matching. For states that accept the 1095/1094 forms to fulfill the
reporting requirements for their state level individual mandate, Cottingham & Butler will e-file the forms on the
Client's behalf. For states that do not accept the 1095/1094 forms, Cottingham & Butler will create and deliver
copies of those forms in PDF format, however, distribution and filing with the state will be the Client's
responsibility.
SECTION 2. TERM. Cottingham & Butler will provide services under the Agreement from the date of the
execution date of the Agreement until April 1st, 2026. The Client will provide to Cottingham & Butler complete
calendar year information as required for filing of the Forms no later than January 16t", 2026.
SECTION 3. FEES AND COSTS.
CV25
A. For completion of Forms timely received:
a. 0-250 Forms: The Client agrees to pay a fixed fee of $4,250;
b. 251-500 Forms: The Client agrees to pay a fee of $17.00 per Form; and
c. 501 or more Forms: The Client agrees to pay a fee of $17.00 per Form for the first 500 Forms
and a fee of $4.40 per Form for the 501't and additional Forms.
B. For completion of Forms received on or after January 301", 2025:
a. 0-250 Forms: The Client agrees to pay a fixed fee of $5,250.00;
b. 251-500 Forms: The Client agrees to pay a fee of $21.00 per Form;
c. 500 or more Forms: The Client agrees to pay a fee of $21.00 per Form for the first 500 Forms
and a fee of $5.50 per Form for the 501't and additional Forms.
C. The Client furthermore agrees to pay $650 for each additional Employer Identification Number, if
applicable.
D. Printing and / or mailing of forms must be requested in advance and the Client will pay an additional
$1.63 per form.
Page 361 of 525
For states that Cottingham & Butler will e-file for on the Client's behalf for state level mandates, the
Client will pay $350 per state and FEIN.
In addition to the fees outlined above, Cottingham & Butler will charge the Client for any actual out-of-
pocket costs that are incurred in rendering services. These costs may include travel expenses, delivery
and courier services, express mail, air courier services and outside contractor document reproduction.
Cottingham & Butler may ask Client to pay directly any expenses in excess of $100.00. Out-of-pocket
costs are not subject to any mark-up.
Cottingham & Butler will provide to the Client an invoice for all estimated fees and costs no later than December
15T, 2025, with payment due from the Client no later than December 315t, 2025. Upon filing and delivery of the
Forms, Cottingham & Butler will provide to the Client a final invoice reconciling any difference between estimated
and actual costs. Any remaining payments resulting from the final invoice will be due within 30 days.
SECTION 4. TERMINATION. The Client may terminate the Agreement at any time upon written notice to
Cottingham & Butler. Cottingham & Butler may terminate the Agreement if (a) the Client fails to pay any fees or
expenses that have been billed to the Client within the time set out in Section 3 above, or (b) the Client fails to
provide required data to Cottingham & Butler by January 16th, 2026, or (c) for no cause with 14 days written
notice. The Client will be liable for any and all fees and expenses incurred up to the termination date, including
the base fees described in Section 3 above.
SECTION 5. REQUIRED DATA. The Client will provide to Cottingham & Butler any and all data required for the
completion of the Forms. Such data will include names, addresses, and social security numbers of employees of
the Client as well as data concerning employment numbers and health plan offerings for employees of the Client.
The Client acknowledges that the Client bears sole responsibility for gathering applicable data and providing the
data to Cottingham & Butler for completion of the Forms.
SECTION 6. LIMITATION OF LIABILITY AND ACKNOWLEDGEMENT OF COMPLIANCE RESPONSIBILITIES.
Cottingham & Butler will not undertake any independent investigation or verification of Client data, and
Cottingham & Butler does not guarantee the accuracy of the completed Forms 1094-C and 1095-C. The Client
hereby recognizes, acknowledges, and agrees that it bears the ultimate responsibility for complying with any
state or federal law, including but not limited to provisions of the Patient Protection and Affordable Care Act and
the Health Insurance Portability and Accountability Act. Moreover, the Client hereby recognizes and
acknowledges that federal law is subject to change at any time. Cottingham & Butler accepts no responsibility
for Client's compliance with these laws.
SECTION 7. INDEMNIFICATION. The Client and its officers, directors, employees, agents, successors, and
assigns hereby agree to defend, indemnify, and hold harmless Cottingham & Butler and Cottingham & Butler's
officers, directors, employees, agents, successors, and assigns, from and against any and all claims, costs,
damages, losses, liabilities, actions, recoveries, judgments, and expenses (including attorney fees and expenses
regardless of whether litigation was commenced) arising out of or in connection with the Client's failure to
comply with any state or federal law, including but not limited to provisions of the Patient Protection and
Affordable Care Act and the Health Insurance Portability and Accountability Act.
SECTION 8. DISCLAIMER OF WARRANTIES. IN NO EVENT WILL COTTINGHAM & BUTLER INCUR LIABILITY FOR
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Page 362 of 525
ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT LOSS OR DAMAGES, REGARDLESS OF WHETHER SUCH
DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY
OR FORM OF ACTION, AND REGARDLESS OF WHETHER COTTINGHAM & BUTLER KNEW OR SHOULD HAVE
KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES. THE CLIENT ACKNOWLEDGES THAT
COTTINGHAM & BUTLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
SECTION 9. NO PROVISION OF LEGAL ADVICE. Cottingham &Butler will not provide any legal or financial advice
to the Client nor will Cottingham & Butler act as a fiduciary of the Client under this Agreement.
SECTION 10. CONFIDENTIALITY. Cottingham & Butler, its employees and agents will hold in strict confidence all
data furnished by the Client or produced by Cottingham & Butler under this Agreement. However, Cottingham
& Butler will not be held liable if such data is released through other sources, or if Cottingham & Butler, its
employees or agents release the data because Client has consented to such disclosure.
SECTION 11. RECORD RETENTION. This Agreement does not relieve the Client of its obligations under federal or
state laws or regulations to retain records relating to any data provided to Cottingham & Butler.
SECTION 12 ENTIRE AGREEMENT. This Agreement and any addendum to this Agreement (hereinafter called
"Contract Documents") constitutes the entire agreement between Cottingham & Butler and the Client.
SECTION 13 NOTICE. Any person identified by Client in this Agreement or any certification, or in any notice or
other communication delivered to Cottingham & Butler may receive information, communications and notices
regarding the service, and is authorized to transact all business, make all agreements and sign and deliver all
documents in connection with the service. If the identity of such a person changes, the Client will promptly notify
Cottingham & Butler in writing of the change. Cottingham & Butler will have a reasonable time after receipt of
a certification, notice or other communication to act on it.
SECTION 14. GOVERNING LAW. This Agreement shall be governed by the laws of the state of Iowa.
SECTION 15. BINDING AGREEMENT. This Agreement shall be binding on and inure to the benefit of the parties
to this Agreement and their respective heirs, representatives, successors and assigns.
SECTION 16. ASSIGNABILITY. This Agreement may not be assigned by either party without the express written
consent of the other party, which consent shall not be unreasonably withheld, except that Cottingham & Butler
may delegate and assign any of its duties hereunder to any affiliate of Cottingham & Butler or to any third party
subcontractor, without the need for prior approval.
SECTION 17. NO IMPLIED WAIVER. The failure of Cottingham & Butler to enforce or insist upon compliance with
any of the terms or conditions of this Agreement, the waiver of any term or condition of this Agreement, or the
granting of an extension of time for performance, shall not constitute the permanent waiver of any term or
condition of this Agreement and this Agreement and each of its provisions shall remain at all times in full force
and effect.
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SECTION 18. AUTHORITY. The undersigned warrants and represents that the undersigned has full power and
authority to enter into this Agreement, to bind each Party hereto, and to grant the rights set forth herein.
SECTION 19 SEVERABILITY. If any term in this Agreement is held by a court of competent jurisdiction to be
invalid or unenforceable, then the Agreement, including all of the remaining terms, will remain in full force and
effect as if such invalid or unenforceable provision had never been included.
The Parties hereby enter into this Agreement as of the date listed below.
COTTINGHAM & BUTLER
INSURANCE SERVICES, LLC.
Title: Senior Vice President
Date: 10/30/2025
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City of Dubuque
Title: City Manager
Date: 10/29/2025
Page 364 of 525