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Signed ContractsCity of Dubuque City Council CONSENT ITEMS # 14. Copyrighted November 17, 2025 ITEM TITLE: Signed Contracts SUMMARY: 563 Design, PLLC for Taks Order No. 04 — Finance Department — 7800 Chavenelle Road; Dubuque County E911 Board for the Health Services — Animal Control 911 Radio Access Fee; Dubuque Regional Humane Society for City of Dubuque Veterinary Services; Environmental Management Services of Iowa, Inc. for the Eagle Point Water Treatment Plant Roof Rehabilitation — Asbestos Abatement Project; Hills and Dales for the FY 2026 Special Services Grant Program Agreement; ImOn Communications, LLC MSA Addendum for Changes and Letter of Agency; Kramer Pest Control for Pest Control at 6 fire stations; Midwest Injection, Inc for the Terminal Street Lift Station Bypass Pumping Project; Outfly Development LLC for Site Access Agreement; Racom for City Hall Video Decoder: City Manager; RSM US , LLP for Statement of Work — Finance Organizational Assessment and Design; The EMS Training School, LLC Clinical Affiliation Agreement; Top Grade Excavating for the Catfish Creek Sanitary Utility Easement Stream Crossings Restoration; WHKS & Co. for Task Order #25-Brunskill Road Sanitary Sewer and Streambank Restoration SUGGUESTED Receive and File DISPOSITION: ATTACHMENTS: 1. FY26 Special Services Grant Program Agreement with Hills and Dales 2. Kramer Pest Control 3. Brunskill Rd Sanitary Sewer Streambank Restoration WHKS 4. Racom 5. Site Access Agreement for Outfly Development LLC Hodge 6. RSM Finance Organizational Assessment Contract 7. 563 Design Task Order for 7800 and 7850 Chavenelle (3) 8. Contract for Cleaning Centrate Tank at WRRC 9. Catfish Creek Sanitary Utility Easement Stream Crossing 10. IA - Dubuque Fire Department_AA_2025 11. Water Plant Roof Rehab Project Award Asbestos Abatement Page 215 of 750 12. DBQ CO E911 13. DBQ Regional Humane Society 14. ImOn Communications Addendum For Changes to Service 15. IMON Telephone Services Letter of Agency Page 216 of 750 CITY OF DUBUQUE, IOWA AND HILLS AND DALES FY 2026 SPECIAL SERVICES GRANT PROGRAM AGREEMENT THIS AGREEMENT, executed on the 15t day of July 2025 is entered into by and between the City of Dubuque, Iowa, a municipal corporation organized and existing under the laws of the State of Iowa (Recipient) and Hills and Dales, with its principal place of business in Dubuque, Iowa (Subrecipient). WHEREAS, the City Council deems it in the best interests of the City to provide special services funding to support organizations in the city of Dubuque; and WHEREAS, Recipient wishes to engage Subrecipient to assist Recipient in providing services to a presumed low -and moderate- income population. NOW THEREFORE, in consideration of the premises and respective covenants, agreements and representations hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES: a. Subrecipient shall: i. Provide the services to eligible residents of the City of Dubuque in a manner satisfactory to Recipient and consistent with any standards required as a condition of providing these funds. Such program shall include the following activities similar to those eligible under the Community Development Block Grant Program: Operating costs for the Hills and Dales Lifetime program to provide educational, recreational and social programs to elderly persons. 1. In the event of a conflict between Subrecipient's proposals and the provisions hereto attached, that provision which in the judgment of Recipient provides the greatest benefit to Recipient shall prevail. Failure of Subrecipient to provide any of the services proposed shall be deemed a material breach of this Agreement. ii. Comply with City Council goals and priorities are attached. City Responsibilities City designates the City Manager, or the City Manager's designee, to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and Page 217 of 750 provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. IV. Project Budget The total compensation to be paid to Subrecipient by Recipient for the services shall in no event exceed the sum of $25,000 for the program as described in the City of Dubuque's FY26 fiscal year budget. Recipient may require a more detailed budget breakdown, and Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by Recipient. The Recipient and Subrecipient must approve any amendments to this Agreement in writing. V. Dates of Commencement and Completion The services to be provided under this Agreement shall be commenced on July 1, 2025 and shall be completed not later than June 30, 2026. VI. Agreement Documents and Provisions Subrecipient shall perform or arrange for the provision of services under this Agreement in the manner and time provided herein. VII. Payment a. It is expressly agreed and understood that the total amount to be paid by Recipient to Subrecipient under this Agreement shall not exceed the amount stated in Section III of this Agreement. Such amount shall constitute complete compensation for all services to be rendered, including expenses for the operation of the physical structure and the cost in providing staff to deliver homeless services. Such amount shall be paid upon written request on the Request for Payment form, with proof satisfactory to the recipient of expenses. Drawdowns for payment of eligible expenses are reimbursement only. b. Payment shall be supported by documentation provided by Subrecipient of costs incurred for services provided pursuant to this Agreement. c. Payments are be contingent upon certification of Subrecipient's financial management system in accordance with the standards specified in 2 CFR 200, the provisions of which are available in the office of Recipient. VIII. Insurance. At the time of execution of this Agreement by Subrecipient, Subrecipient shall provide to Recipient copies of Subrecipient's insurance certificates showing general liability, automobile liability, and workers compensation insurance coverage to the satisfaction of Recipient (attached Insurance Schedule A) for the term of this Agreement. Page 218 of 750 X 01 at Reporting. Organization agrees to submit the final report and remit any unspent grant funds by August 31, 2026. Final reports must include documentation of project expenditures, required match, and activities completed. Details pertaining to match requirements are outlined in the program guidelines. Failure to submit a final report may impact eligibility for receiving future City arts funding. Audit & Evaluation. Because the funds provided to Organization by City are public funds, Organization must maintain books, financial records, and accounting in accordance with generally accepted accounting standards and necessary documentation to support all expenditures. Organization will retain all financial records, reporting documents, and other records for three (3) calendar years after the end of the term of this Agreement. Organization's funding request application and applicant assurances are incorporated by reference into this Agreement. Termination of Agreement This Agreement may be terminated by either party by giving the other party a written, ninety (90) day notice of such termination or upon such other terms as may be mutually agreeable. If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Agency of such termination not less than five (5) days before the effective date of such termination. Notices Communication and details concerning this Agreement shall be directed to the following agreement representatives: Recipient Dan Kroger Recreation Division Manager Leisure Services Department 2200 Bunker Hill Rd. Dubuque, Iowa 52001 Subrecipient Jack Mescher Hills and Dales 1011 Davis Dubuque, IA 52001 Assignability Agency shall not assign this Agreement or any interest in this Agreement without prior written approval of City. XIII. Civil Rights Page 219 of 750 During the performance of this Agreement, the grantee, for itself, its officers and employees, agrees to comply with the following non-discrimination statutes and authorities, as applicable, including but not limited to: 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); f) 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) Titles 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); Page 220 of 750 1) Drug Abuse Office and Treatment Act of 1972, as amended (21 U.S.C. § 1101 et seq.); and m) Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended (42 U.S.C. § 4541, et seq.); n) All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 USC 1958(H) et. seq.); o) The Federal Water Pollution Act (33 USC 1368 et. seq.) as amended; p) Environmental Protection Agency regulations (40 CFR, Part 15); q) Contract Work Hours and Safety Standards Act (40 USC 327-330); and r) Department of Labor Regulations (29 CFR, Part 5). IN WITNESS WHEREOF, the parties have executed this contract with the referenced attachments Exhibit A, B and C as of the date first written above. Witness: awa""7'tt r, Adrienne Breitfelder, City Clerk City of Dubuque, Iowa v Mi hael C. Van Milligan Hills and Dales Jack e cher, CEO Page 221 of 750 Dubuque THE CITY OF DUB TE 111111 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 Kramer Pest Control (Vendor Name) 14561 Forest Ridge Road, Dubuque, IA 52002-9754 (Vendor Address - City and State) PROJECT TITLE: Pest Control at 6 fire stations (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for Pest control at 6 fire stations The work described above shall be completed at the following location(s): Fire Headquarters (11 W. 9th St), Station 2 (2180 JFK Rd), Station 3 (3155 Central Ave.), Station 4 (1697 University Ave), Station 5 (689 S. Grandview), Station 6 (1500 Rhomberg) The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa Page 1 of 20 Page 222 of 750 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: Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) Insurance Schedule G for Vendors (Exhibit C) 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 I ; 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 (date) Page 2 of 20 Page 223 of 750 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 224 of 750 THE CITY AGREES: The City agrees to pay the Vendor for the work actually performed under this Contract, up to the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT $ up to $4,000 CITY OF DUBUQUE, IOWA By; Michael C. Van II Illigen City Manager 10/30/2025 Date VENDOR: Kramer Pest Control Company Name By: �V6 VAMyt&A 10/29/2025 Sig ature Date Printed Name Title Page 4 of 20 Page 225 of 750 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, E. The risk of loss of and damage to the goods which are the subject of this order, regardless of the F.Q.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 226 of 750 1 D. 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 227 of 750 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 228 of 750 INSURANCE SCHEDULE F (continued) Contractor shal€ 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 ACCRD 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: Pest Control for 6 Fire Stations 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 currant A.M. Best's Rating Guide. 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. 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. 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 229 of 750 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 nonpayment 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 230 of 750 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) UMBRELLAIEXCESS 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 $1010001000 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 $1,00.0,000. All Class C contractors are not required to have umbrellalexcess 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. P) RAILROAD PROTECTIVE LIABILITY Coverage required: _Yes x No Page 90 of 20 Page 231 of 750 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 232 of 750 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. NonwaNer of Governmental lmmun&. 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 Covers e. 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 Immunit . 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 JDEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 12 of 20 Page 233 of 750 whks CITY OF DUBUQUE TASK ORDER #25 — Brunskill Road Sanitary Sewer and Streambank Restoration This TASK ORDER is issued under the PROFESSIONAL SERVICES AGREEMENT (dated June 7, 2021 agreement reference number 9290.00) between the City of Dubuque ("Client") and WHKS & Co. ("WHKS") for Services to be provided by Consultant for Client on the Brunskill Road Sanitary Sewer and Streambank Restoration ("Project"), described below to this Task Order. A. Project Information The North Fork of Catfish Creek has migrated and fully eroded around an existing sanitary manhole. The 24" sanitary sewer aligned south from the manhole is partially exposed above the streambed. This project will move the creek channel back to the east, encase the sewer in concrete, armor the streambank, and provide grade control to prevent further erosion. This task order is to complete environmental permit applications and associated agency coordination, final design plans and specifications, and to aid the City in the bidding process. B. Scope of Services 1. Project Management and Meetings • Perform general project administrative duties including supervision and coordination of the project team, review of project costs and billings, preparation of invoices using Consultant's standard forms, preparation of status reports, and general administrative activities. • Hold virtual kick-off meeting with Client to discuss the project and review the scope. • Advise the Client of the necessity of obtaining Special Engineering Services as described in Section C., and act as the Client's representative in connection with any such services not actually performed by WHKS. • Attend two (2) meetings for the project. 2. Stream Assessment, Topographic Survey and Research of Existing Conditions • Perform site topographical surveys to support new facilities, exclusive of boundary surveys for land and easement acquisition. • Conduct a stream assessment and survey, including stream thalweg profile, stream water surface profile, identification of run -riffle -pool features, three representative riffle cross sections, three representative pool cross sections, and riffle pebble counts. • Develop project control and base map for the project. • Locate existing underground utilities through the Iowa One Call system. • Collect, obtain and review relevant information from the Client. 3. Final Design • Determine bankfull elevation and velocity based on collected field data to support design of bank restoration and in -stream grade control. • Prepare final plans and specifications to show the character and scope of work to be performed by contractors on the Project. The project will be designed in accordance with the applicable Natural Resources Conservation Service (NRCS) practice standards. Page 234 of 750 whks • Prepare bid documents using the City of Dubuque standard template. • Prepare opinion of probable construction cost for completed plans and specifications. • Answer contractor's questions during the bidding phase. • Assist in the receiving and tabulation of Contractors' proposals and assist in awarding construction contract. • Prepare a Storm Water Pollution Prevention Plan (SWPPP). • Furnish signed copies of the plans, specifications, and other contract documents as required to the Client. 4. Environmental Permitting • Delineate wetlands within the study area using field and desktop data. The delineation will be done according to the 1987 Corps of Engineers Manual and Midwest Regional Supplement. • Collect and review available data that could aid in the delineation of wetlands. These data may include historical aerial photography, soil maps, existing wetland maps, and various Geographic Information System (GIS) data sets. • Perform a field investigation for the purpose of delineating wetlands within the project study area. Information to be collected will include plant community composition and cover, presence or absence of wetland hydrology and indicators, and hydric soil characteristics. • Perform hydraulic modeling of the stream corridor in support of state and local floodplain permitting requirements for the project. Modeling will be completed using HEC-RAS software. • Prepare a cover letter summarizing hydraulic modeling results, compile electronic copies of hydraulic model files, and prepare a no -rise certification. • Prepare and submit permit application package to the IA DNR and USACE. • Coordinate with agency representatives during permit review. C. Special Engineering Services: Special Engineering Services are those services not listed above, but which may be required or advisable to accomplish the Project. Special Engineering Services shall be performed when authorized by the Client for additional fees, to be determined at the time authorized. Special Engineering Services include: 1. Land surveying and platting 2. Easement research, plats or descriptions 3. Negotiation for easements or land acquisition 4. Quality control testing and construction materials testing 5. Permits other than those identified above 6. Funding assistance, including grant and/or loan applications 7. Geotechnical design/recommendations 8. Cultural resource survey or other studies or documentation that may be required by regulatory agencies that are not specifically listed in the scope of services 9. National Environmental Policy Act (NEPA) compliance, including historical and archeological investigations 10. Attendance at additional meetings (other than those listed above) 11. Construction phase engineering services, including construction administration, staking, construction observation, preparation of record drawings and project close-out services Page 235 of 750 whks D. Basis of Compensation: For the services described above, the Client shall remunerate WHKS as follows: This Task Order is for Civil Engineering work with a Not -to -Exceed Fee of $42,000 including expenses. Permit fees will be paid separately by Client. External expenses include an administrative charge of 10 percent. All terms and conditions of the Professional Services Agreement shall continue in full force and effect. This Task Order is accepted, and the Consultant is authorized to proceed. City of Dubuque WHKS & co. By: By: Printed Name: Michael C. Van Milligen Printed Name: Derek J. Thomas, PE Title: City Manager Title: Vice President Page 236 of 750 THE CITY OF DUB E Masterpiece on the Mississippi CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT City of Dubuque Dept: City Managers Office 50 W. 1311 Street Dubuque, IA 52001 Phone # 563-589-4416 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 Racom (Vendor) at (Vendor Name) 201 West State St Marshalltown, IA 50158 (Vendor Address - City and State) PROJECT TITLE: City Hall Video Decoder: City Manager (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 a video decorder and program decoder with citv hall cameras The work described above shall be completed at the following location(s): City managers office 50 W 13th street. 2nd Floor. 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 Page 237 of 750 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 ❑ 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 11-20-2025 (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. Page 2 of 14 Page 238 of 750 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 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: 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 $ $985.65 CITY OF DUBUQUE, IOWA By: _Z�1AjII4 k�, M chael C. Van Mi ligen City Manager VENDOR: 10/30/2025 Racom Date Company Name By: .A&f>�&a Signature 61 Alec Metz Printed Name Service Manager Title Page 3 of 14 10/20/2025 Date Page 239 of 750 VENDOR ACKNOWLEDGEMENT OF ATTACHED SPECIAL CONDITIONS: By: ,4&1" 2La Signature Alec Metz Printed Name Service Manager Title 10/20/2025 Date Page 4 of 14 Page 240 of 750 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 Page 241 of 750 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 Page 242 of 750 EXHIBIT B 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 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 Page 243 of 750 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 244 of 750 C) D) E) F) INSURANCE SCHEDULE G (continued) POLLUTION LIABILITY Coverage required: _Yes _ No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) or its equivalent and CG 20 37(competed operations). 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. PROFESSIONAL LIABILITY $1,000,000 Coverage required: _Yes _ No If the required policy provides claims -made coverage: 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. CYBER LIABILITY/BREACH $1,000,000 Coverage required: _Yes _ No Coverage for First and Third Party breach liability including but not limited to lost data and restoration, loss of income and cyber breach of information. UMBRELLA/EXCESS Coverage required: Yes No $1,000,000 The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. Page 9 of 14 Page 245 of 750 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 Page 246 of 750 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 Page 247 of 750 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 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. 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 Page 248 of 750 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 Page 249 of 750 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 250 of 750 SITE ACCESS AGREEMENT BETEWEEN THE CITY OF DUBUQUE, IOWA AND OUTFLY DEVELOPMENT LLC This Agreement is made and entered into this 29tlday of October , 2025, by and between the City of Dubuque, Iowa, an Iowa municipal corporation (City), and Outfly Development, LLC, an Iowa limited liability corporation (Developer). WHEREAS, City is the owner of the following real estate Lot 3 of Dubuque Industrial Center South Third Addition in the City of Dubuque, Iowa (Parcel A) Lot 2 of Dubuque Industrial Center South Third Addition in the City of Dubuque, Iowa (Parcel B), (the Property) shown on Exhibit B-1 (the Plat) and Exhibit B-2 (the Proposed Site Plan), attached hereto, which is being considered as a Development Project by City and Developer; and WHEREAS, Developer and City have entered into a Development Agreement dated October 6, 2025 to convey Property to Developer; and WHEREAS, the Closing of the Development Agreement has not yet taken place; and WHEREAS, Developer desires access to the Site prior to Closing for purposes of site analysis, excavation and grading; and WHEREAS, the City desires to allow Developer access to the Site for such purposes prior to the closing subject to the conditions set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. ACCESS TO SITE. City hereby grants to Developer, its counsel, accountants, agents and representatives full and continuing access to the Site and all parts thereof, upon reasonable notice to City, and at Developer's sole expense, for site analysis, excavation and installation of footings and such other work as City and Developer shall agree in writing is appropriate. SECTION 2. RESTORATION OF SITE. Developer acknowledges that any site preparation or other work performed by Developer is at Developer's sole risk. Developer agrees to timely pay and discharge all claims of any kind by its contractors, subcontractors and suppliers with respect to any work performed on the Site, including but not limited to 10282025ba1 Page 251 of 750 claims for labor or material furnished in connection therewith, and to defend, indemnify and hold harmless City from and against any and all such claims. In the event that the City Council does not complete the transfer of Property for any reason at the May 1, 2026 Closing, (or as may be mutually extended by the parties), Developer shall, at the City's option, restore the Site at Developer's sole expense but not later than August 1, 2026 (or as may be mutually extended by the parties), and this Agreement shall then terminate. For the purposes of this Agreement, the term "restore the Site" means removing any and all structures that may have been constructed on the Site, replacing any removed roadway structures, filling any holes on the Site to adjoining grade level and seeding the Site. In the event Developer fails to restore the Site by such date, City will have the Site restored and Developer shall reimburse City for all costs of restoration within thirty days of receipt of a statement from City for such costs. This obligation shall survive the termination of this Agreement. SECTION 3. CONDITION OF THE SITE. 3.1 City makes no warranty or representation as to the condition of the Site. Developer acknowledges that any work performed by Developer and/or its consultant(s) at the Site is at its sole risk. Developer shall ensure that all work at the Site is done in accordance with all applicable laws and permits and in a good worker -like manner. Developer and its consultants shall daily leave the Site in a condition no less safe than before the work was conducted. Developer and its consultant(s) are solely responsible for obtaining any and all permits required for the work to be conducted at the Site. No hazardous chemicals and wastes may be stored or disposed of on the Site and all such materials must be used only as allowed by law. Developer shall be responsible for identifying any and all utilities serving the Site prior to conducting invasive work on the Site. 3.2 City has provided Developer with certain information in its possession regarding the environmental condition of the Site. Developer shall conduct work at the Site under this Agreement, taking due precautions to prevent exacerbation or expansion of any existing condition. SECTION 4. SHARING OF INFORMATION. Developer shall provide City with copies of any and all reports and documents resulting from the work conducted at the Site upon the request of the City. In the event such information is confidential, it shall be managed by the parties pursuant to a separate Confidentiality Agreement. Developer and/or its consultant(s) shall notify the City immediately upon discovery of any hazardous or unsafe condition at the Site. SECTION 5. INDEMNIFICATION. Developer shall defend, indemnify and hold harmless City, its officers, agents and employees from and against any claim and cost of any kind, including without limitation, attorneys' fees and consulting fees, arising out any work at the Site by or on behalf of Developer and its consultants. This obligation shall survive the termination of this Agreement. 2 Page 252 of 750 SECTION 6. INSURANCE. Developer shall at all times while performing site analysis, excavation and installation of footings and all other work pursuant to this Agreement provide insurance as set forth in the attached Insurance Schedule. CITY OF DUBUQUE, IOWA / p I �' BY: _ — ��t,�l v w�, _ _ Mi ,hael C. Van Milligan City Manager OUTFLY DEVELOPMENTLLC Michael Fulla President Page 253 of 750 EXHIBIT B-1 PLAT Page 254 of 750 FINAL PLAT DUBUQUE INDUSTRIAL CENTER SOUTH THIRD ADDITION IN THE CITY OF DUBUQUE, IOWA EASEMENT NOTE: THE ACCESS, STORM WATER DRAINAGE, STORM SEWER, AND SANITARY SEWER SETS ' 9'W 227.94' DAB EASEMENTS ARE SHOWN AS PER DOC. 2014-1397 ° 9 w }11 OB IEIJ89.92 P 1 138.02' - cAS�Iy FRSTOVS \ NW CORNER LOT B t YELLaw CAP /11](W 511,0�19 Ir145.l7 111]OG FIt308 10On?/,1� R-1060A0' CH-146.49 OB SB738''W 648.74' 648.42' L T' Q p1�ON Q (Ol i DRAINAT 1 STOM GE NTATERE pJOJOJf o 4.83A CRES°gyp 9.22A ACRES EASEMENT �, r /' ':+' Iqi CURVE DATA: C1 c> z LOT 3 s 'L=36.00' R=64.00' o-3213'38' m� 6.72 ACRES < a y LOT A cr1oR0=No2'50'33"w, 35.53' a W / E > FOR PUBLIC ROW f 0,48 ACRES Ex 11 40• WIDE VERENA COURT STORM DRAINAGE i �+" ` Big• L-53.45L=111.62' EASEMENT w� �Y,1•t00. R-64.00' R-64.00' EX � 20, WIDE \ B�O',j`c, ; PUBLIC 6-47'50'31" A=99'55'31" SANITARY `pt SEWER EASEMENT CHORD-S3711'42"W CHORD=N68'55'07"W 51.91, 98.00, L=363.40' °o 9'34"W 254.12'- 1 R=1050;00' NDiiTM GSA ( L\ P,U•E SN _ t42Y A-1949'4r GRAPHIC SCALE ��9 �+7 .{ N131816 E C1 _ CHORD N89'08 30 E ( a 7 11255' 111 )2$ V� 36159'. �•f /ttme I 0 120 240 �)$•(,b �l '��,� QO' P• ' ! - 1" = 120' i713••Zgf `. _ -1I 07 0� E 509.26. DRAWING MAY HAVE BEEN REDUCED%\ 1?$ry79' _ rails SURVEY IS SUBJECT TO EASEMENTS, CeNrE-R C) 6.6�� N1316'16'E YLuow CAP p11 (1p° R� RESERVATIONS, RESTRICTIONS AND ORO>S7 110.94' ptJW PARTM�S 4 RIGHTS -OF -WAY OF RECORD AND NOT OF RECORD. 1?$0�633 [ t J '01 LEGEND °t ''5 Tu DESCRIPTION: LOT I AND LOT 2 PLAT BOUNDARY DUBUQUE INDUSTRIAL CENTER - - — LOT LINE ,W,q 4w��uw SOU 1H SECOND ADDITION IN —_ ' ' —_ • ' —PROPOSED EASEMENT LINE ! uxuv uws a do su>E THE CITY OF DUBUQUE, IOWA — EASEMENT LINE EX EXISTING J s CRAIG L s smsim .. PROPRIETOR: CTY OF DUBUQUE h P.U.E. PUBLIC UTILITY EASEMENT " GEISFR `-- ROASTING SOLUTIONS, LLC FOUND 5/8" REBAR NTH RED '" =sLS 21403 Cam. ,/�p� • • 6x 1R_1� SURVEYED FOR: CITY OF DUBUQUE PLASTIC CAP 21408. UNLESS NOTED $zi" • iy-- x�� _ DATE OF SURVEY: DECEMBER 16, 2015 p SET 5/8" REBAR WITH .,�.0"•�.... ,. umu,. xa rae xr uNxse lx+cwn oxtc n+x/n/ssu .rt rn-u xis TOTAL AREA SURVEYED: 21.25 ACRES RED PLASTIC CAP N0. 21408 '9j+m�m 1.10 _. sxlns m� er ,xrs_ ax"r, x vswswrmwrn�n�s =.. Lot 3 represents Parcel A Lot 2 represents Parcel B I Page 255 of 750 EXHIBIT B-2 PROPOSED SITE PLAN Page 256 of 750 Parcel A Parcel B \ \\ //////����jyii��a�a�+� � �i� = -=_-_- �==r= t�s�„ass � � _ _ ---•� �-�,: � _ �75' \A, rl( _ 25' -- - - - - -- / u rr r \ �\ 11611�1� r 11111��4�If1 \\\ QII Illllr� WOO O 240 Psi\ -'\�1�1111`�II1t1 �t i Phase 1 Sti}1111411`�I�111 J -- 50,000 �nFrEk'I � =1\�\`k& -� -� - -0 Phase 2 4W \Q\�` \' ` ) _ _- ------------ X,\\"\ _ _CT- IIIIIIIIIIIIIIIIIIL�1111 ' VERENA Elb6nS 20' MDE tc.1 ! BLK SANITARY SE VIER E.j$[ HODGE Company Customer Project: Phase 1, Phase 2 Date: 2l2005 HODGE 7465 Ch-fle Road Dubuque, /A 52002 Location: Dubuque, IA Contact: Wiichael Fullan Revision: 0 7 Page 257 of 750 INSURANCE SCHEDULE A Page 258 of 750 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A 1. Walter Development, LLC shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the lease, license, or permit commencement. All lessees of City property and right of way licensees or permittees shall submit an updated certificate annually. 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. Eg: Site Access 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 lessee, licensee, or permittee 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 the lease, license, or permit. 6. All required endorsements shall be attached to certificate. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Director of Finance and Budget. The lessee, licensee, or permittee must identify and list in writing all deviations and exclusions from the ISO form. 8. If lessee's, licensee's, or permittee's limits of liability are higher than the required minimum limits then the lessee's, licensee's, or permittee's limits shall be this agreement's required limits. 9. Lessee, licensee, or permittee 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. Lessee, licensee, or permittee 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 lessee, licensee, or permittee. 10. Lessee, license & permittees shall be responsible for deductibles and self -insured retention. Page 1 of 4 Schedule A Lessees Of City Property; Right Of Way Licensees or Permittees May 2019 X Page 259 of 750 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A (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 0001, 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) If lessee, licensee, or permittee utilizes Trikkes or Segways in the conduct of business, include an endorsement reflecting that these vehicles are not excluded from Commercial General Liability coverage. 7) Policy shall include Waiver of Right to Recover from Others Endorsement. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by 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 Nonelection of Workers' Compensation or Employers' Liability Coverage under Iowa Code sec. 87.22. Completed form must be attached. Page 2 of 4 Schedule A Lessees Of City Property, Right Of Way Licensees or Permittees May 2019 10 Page 260 of 750 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A (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 2010. (Ongoing operations) or its equivalent and CG2037(completed operations) or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. D) PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT yes X no Evidence of property coverage provided: _yes Include the City of Dubuque as Lender Loss Payable. E) RIGHT-OF-WAY WORK ONLY: UMBRELLA/EXCESS $1,000,000 X yes no Umbrella/excess liability coverage must be at least following form with the underlying policies included herein. F) FLOOD INSURNACE yes X no If Required Coverage $. Page 3 of 4 Schedule A Lessees Of City Property, Right Of Way Licensees or Permittees May 2019 11 Page 261 of 750 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees 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 is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The 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 4 of 4 Schedule A Lessees Of City Property, Right Of Way Licensees or Permittees May 2019 12 Page 262 of 750 RSM RSM US LLP STATEMENT OF WORK —FINANCE ORGANIZATIONAL ASSESSMENT AND DESIGN This Statement of Work ("Statement of Work" or "SOW') dated October 22, 2025, ("SOW Effective Date") is entered into by and between the City of Dubuque, an Iowa municipal corporation, with an office at 50 West 13th Street, Dubuque, IA 52001 ("Client," "you" or "your") and RSM US LLP, an Iowa limited liability partnership ("RSM," "we," "us" or `bur") pursuant to the Master Services Agreement dated September 16, 2022, (the "Agreement') all of the terms of which are hereby incorporated herein by reference. RSM and Client are each a "party" to this SOW and sometimes collectively referred to herein as the "parties." Any capitalized terms used herein which are not otherwise defined in this SOW shall have the same meaning as that given to them in the main body of the Agreement. A. Services and Scope of Work Our work will be to assist and advise you with this engagement. As stated below and for clarity, we will not, nor does Client desire us to, perform any management functions, make management decisions, or otherwise perform in a capacity equivalent to that of an employee or officer of Client. Engagement Objectives Client is seeking support from RSM to complete a review of the current -state organizational structure for the finance department. The goal is to summarize areas of opportunities and structural recommendations in alignment with leading practice, focused on an assessment of staffing and workload distribution. • Rapid Assessment — Conduct a focused review to identify immediate gaps, process inefficiencies, enterprise resource planning (ERP) implications, and short-term resourcing needs. Identify initial process improvement wins and resourcing needs and support requirements including leveraging current resources or third -party support. • Design of Future -State Operating Model and Structure — Develop an optimal structure, clarify roles and titles, and map required skills and capabilities. • Transition and Implementation Planning — Create a phased plan to move from the current to the desired future -state, promoting a minimal disruption and clear accountability. This approach will be informed by benchmarking work already completed and tailored to support both immediate stabilization and long- term effectiveness. Scope This engagement is focused on high-level responsibilities and roles for finance department at the Client. It includes a review of the current -state organization and design a future -state organization including transition plans to identify changes in staff duties, roles and responsibilities, structure and headcount implications. Phase I of the engagement will include an initial planning period, during which the focus areas may be refined based on emerging insights to ensure we are addressing the most critical and high -impact elements of the Client operations. _ THE POWER OF BEING UNDERSTOOD ASSURANCE I TAX I CONSULTING qr RSM US LLP is the U.S. member firm of RSM International, a global network of independent assurance, tax and consulting firms. Visit rsmus.com/aboutus for more information regarding RSM US LLP and RSM International. LrPage 263 of 750 City of Dubuque October 22, 2025 Page 2 of 8 The below table represents the key engagement activities and deliverables: Phase I: 0 Identify stakeholders 0 Stakeholder list Engagement 0 Develop stakeholder 0 Stakeholder engagement plan Kickoff and engagement/communication plan 0 Document request list Planning 0 Develop engagement plan and 0 Design principles meeting cadence 0 Engagement plan • Develop and submit document 0 Interview guide and agenda request • Ongoing engagement management (RAID, status updates, budget tracking) • Develop current -state interview guide and associated communications • Provide the leadership, and engagement team assistance in planning and communication Phase II: Rapid 0 Summarize resources, services 0 Department inventory and Assessment and gather internal job role summary of resources/services documentation 0 Current -state summary report • Leverage completed benchmarking draft/readout data for headcount role 0 Assessment of strengths and responsibilities and process weaknesses recommendations 0 Identification of immediate priorities • Summarize initial gaps and quick win recommendations for • Workshop 1: identify immediate process improvement gaps, process inefficiencies and short-term resourcing needs • Summarize and prioritize immediate process and resource recommendations • Workshop 2: Align on plan and prioritize to close immediate gaps • Review draft of current -state summary report and recommendations Page 264 of 750 City of Dubuque October 22, 2025 Page 3 of 8 Phase III: Analyze • Draft job architecture 0 Service delivery structural options and Future -State • Assess strategic grouping and cost implications Conceptual alternatives 0 Basic options for future -state Design 0 Provide standard leading practice organization revisions recommendations on headcount 0 Span of control review and skills gaps 0 Preliminary recommendations • Draft alternative internal service delivery models • Provide recommendation for internal service delivery model • Review and align on service delivery model • Define high-level activities responsibilities by role • Provide options for proposed organization structure and staffing recommendations • Review outcomes with leadership • Select departments for detailed design Phase IV: Conduct • Inventory organizational 0 Recommended future -state Detailed Design enhancements organizational structure staffing • Provide final recommendation for recommendations proposed org structure 0 Gap assessment of current roles, • Finalize and prioritize headcount and reporting recommendations relationships • Clarify roles, responsibilities to the 0 Roles and responsibilities job -level 0 Job descriptions • Draft future -state job descriptions 0 Business process update for net new roles recommendations • Provide recommendations for core business process updates in alignment to organizational changes • Review report and recommendations Page 265 of 750 City of Dubuque October 22, 2025 Page 4 of 8 Phase V: 0 Develop risk mitigation/change 0 Implementation roadmap Transition and management plan 0 Final written report (findings, Talent Planning 0 Identify preliminary change conclusions and recommendations) management risks and barriers for organizational structure and • Develop roadmap with sequence business process and method of rolling out changes 0 Communication plan • Enhance roadmap with resource, cost, dependency and milestone factors • Revise communication plan • Prepare written final report summarizing business process review and organization review inclusive of findings, conclusions, and recommendations for each department • Present final report to leadership The Services performed hereunder will not constitute an audit, review, or compilation of Client's financial statements or any part thereof, nor the external examination of management's assertions concerning the effectiveness of Client's internal control systems or an examination of compliance with laws, regulations, or other matters. Accordingly, our performance of Services hereunder will not result in the expression of an opinion or any other form of assurance on Client's financial statements or any part thereof, nor an external opinion or any other form of assurance of Client's internal control systems or its compliance with laws, regulations, or other matters. During engagement planning, we will establish mutually agreeable milestone dates for critical engagement steps, most notably, the date of scheduled interviews, walk-throughs and fieldwork, and the date by which Client must submit requested documentation. Both parties agree to fulfill their responsibilities in meeting the milestone dates. Our engagement resources and timelines are dependent on meeting these dates. Unless otherwise expressly set forth herein, changes to the scope, timing, and/or cost of the Services set forth in this Statement of Work will be subject to a mutually agreed upon Change Order executed by both parties or, if more appropriate in the reasonable judgment of RSM, a separate Statement of Work executed by both parties. Page 266 of 750 City of Dubuque October 22, 2025 Page 5 of 8 Timing The engagement will begin at the earliest mutually agreeable date and will take an estimated ten (10) weeks to complete B. Engagement Team Marni Rozen will be responsible for overseeing the engagement and the delivery of the Services to you. Hailey Knight will coordinate all fieldwork and engagement communications. Other personnel at the necessary skill and experience levels may be called upon to assist in this engagement as appropriate. While we will attempt to comply with your requests for certain individuals, we retain the right to assign and reassign our personnel, as appropriate, to perform the Services. You acknowledge and agree that in addition to our personnel we may use our affiliate(s) located within or outside the United States to assist us with the provision of the Services, which will result in such affiliate(s) having access to and/or receiving certain protected and/or confidential information of yours. RSM shall ensure that each such affiliate adheres to substantively the same confidentiality and disclosure requirements applicable to RSM pursuant to this Statement of Work and the Agreement. C. Client Acceptance of Work Upon your receipt of any of our work under this Statement of Work, you are responsible for reviewing and accepting such work in a timely manner, but in no event more than ten (10) business days from the date of your receipt of such work. In the event you discover a failure of any of our work to conform to the specifications set forth herein ("Nonconformity"), you will notify us in writing within ten (10) business days from your receipt of such work, identifying with reasonable specificity the nonconforming portions of the work ("Nonconformity Notice"). To the extent caused by our errors or omissions, we will use commercially reasonable efforts to correct the Nonconformities stated in the Nonconformity Notice at no additional cost to you. In all other cases, we shall use commercially reasonable efforts to correct such Nonconformities on a time -and -material basis at the rates agreed upon in this Statement of Work. After we make such corrections to the nonconforming work and make such work available to you for review, you will have five (5) business days to review and accept such work. If any Nonconformities remain, the process stated above will be repeated unless the parties mutually agree otherwise at such time. D. Engagement Assumptions and Client Acknowledgements, Responsibilities, and Representations Our Services, Fees, and work schedule are based upon the following assumptions, acknowledgements, representations, and understandings with you: • Client will determine the extent of services it wishes RSM to provide and will undertake the responsibilities set forth in this Statement of Work. • Client will designate an employee or employees within its senior management who will make or obtain all management decisions with respect to this Statement of Work on a timely basis. Page 267 of 750 City of Dubuque October 22, 2025 Page 6 of 8 • Client will ensure that we have access to personnel, facilities, computer systems, applications, equipment, and data, including Third -Party Products, as is deemed reasonably necessary to perform the Services, and that all levels of your employees and contractors will cooperate fully and timely with us. We will let you know where we believe we are not getting the appropriate cooperation or direction. The success of this engagement is dependent upon full openness, communications, cooperation, and timely direction. • Client acknowledges, understands, and agrees that it has the ultimate responsibility for ensuring the accuracy of the materials generated by RSM and, as such, it will carefully review all such materials. RSM shall not be liable or accountable for (i) any action reasonably taken or omitted by it in good faith in accordance with directions, instructions, or advice of, or (ii) pursuant to any document which it reasonably believes to be genuine and to have been delivered or signed by Client or any person acting on the Client's behalf, including Client's counsel, accountants, investment advisors, or other advisors or representatives. • Client acknowledges, understands, and agrees that Client solely is responsible for procuring any software, hardware, equipment, or other products reasonably required to perform the Services set forth in this SOW, including entering into any licensing, subscription, end -user licensing, or other agreements permitting the parties' use of and access to such software, hardware, equipment, or other products in connection with the Services set forth herein. All such software, hardware, equipment, and other products provided by Client to RSM for the Services shall be the property of Client. • Client is entitled to request a delay or rescheduling of the engagement up to four (4) weeks in advance of the agreed -upon milestone dates. • Should Client request to postpone milestone dates, or delay or reschedule the engagement, less than four (4) weeks in advance, Client may be subject to a rescheduling fee. • Client agrees that all assumptions set forth in this Statement of Work are accurate and agrees to provide us with such further information we may need and which we can rely on to be accurate and complete. We will be entitled to rely on all of your decisions and approvals, and we will not be obligated to evaluate, advise on, confirm, or reject such decisions and approvals. • Client will evaluate the adequacy and results of services and will let us know immediately of any problems or issues you perceive in our personnel, services, or deliverables. The fulfillment and confirmation of these responsibilities, acknowledgements, and representations are critical to the success of this engagement. The successful delivery of our Services, and the Fees charged, are also dependent on your timely and effective completion of your responsibilities, the accuracy and completeness of the assumptions, and timely decisions and approvals by your management. You will be responsible for any delays, additional costs, or other liabilities caused by or associated with any deficiencies in the assumptions or in carrying out your responsibilities. Page 268 of 750 City of Dubuque October 22, 2025 Page 7 of 8 E. Additional Understandings Arising from the Performance of Attest Services by RSM to Client or an Affiliate of Client Under a Separate Engagement Agreement In connection with the performance of these Services, Client agrees to make all management decisions and perform all management functions; designate an individual who possesses suitable skills, knowledge, and/or experience, preferably within senior management, to oversee such Services; evaluate the adequacy and results of the Services performed; accept responsibility for the results of the Services; and establish and maintain internal controls, including monitoring ongoing activities. We will not perform any management functions, make management decisions, or otherwise perform in a capacity equivalent to that of an employee or officer of Client. F. Fees and Expenses Based on our initial understanding of the engagement scope, we are estimating one hundred seventy-five (175) to two hundred (200) hours of engagement work. The total estimated billings for the Services described in this Statement of Work will range from $48,125 to $55,000, plus Expenses along with any applicable taxes. In addition to our Fees, you will be invoiced for (i) out-of-pocket expenses incurred in connection with the Services, including, as applicable, amounts attributable to travel and meals, and expenses incurred by RSM's subcontractors in connection with the provision of the Services, and (ii) a charge of 5% of the Fees for indirect administrative expenses, such as technology, research and library databases, communications, photocopying, postage and clerical assistance, security, privacy, automation, risk mitigation, regulatory compliance requirements, peer quality reviews and engagement management oversight, RSM's development library, and research and development team engagement involvement (collectively, "Expenses"), along with any applicable taxes. Travel time will be billed at 50% of our standard hourly rates and is in addition to the estimated Fees. The Fees quoted in this Statement of Work will remain valid for sixty (60) days from the date of issuance. You acknowledge that this is our good faith estimate based upon our understanding of the engagement assumptions and the facts and circumstances we are aware of at this time. If the basis of our estimates is inaccurate, the Fees and Expenses may be different from those we each anticipate. If circumstances are encountered that affect our ability to proceed according to the plan outlined above, such as, scope changes, loss of key Client personnel, unavailable information, or unforeseen circumstances or circumstances beyond our reasonable control, we will inform you promptly and seek your approval for any changes in scope, timing, or Fees that may result from such circumstances. G. Invoice Address Invoices for our Services rendered pursuant to this Statement of Work will be sent to: Jlarson@cityofdubuque.org Page 269 of 750 City of Dubuque October 22, 2025 Page 8 of 8 H. Acknowledgement and Acceptance By the signatures of their duly authorized representatives below, RSM and Client, intending to be legally bound, acknowledge that they have read and agree to all of the provisions of this Statement of Work (including any exhibits and attachments expressly incorporated herein or attached hereto) as of the SOW Effective Date. RSM and Client, and each signatory below, hereby represent that said signatory is a duly authorized representative of such party and has the requisite power and authority to bind such entity to the terms set forth in this Statement of Work. AGREED TO AND ACKNOWLEDGED BY: RSM US LLP City of Dubuque By: -� Q.�i By: k�4 Name: Marni Rozen Name: Michael C. Van Milligen Title: Principal Title: City Manager Date: October 22, 2025 Date: October 31, 2025 Statement of Work —Technology 02-05-24 Options to return signed contract: 1. DocuSign 2. Email: CPCClientProcessing(@rsmus.com 3. Fax: 877 281 9587 4. Mail: RSM US LLP, Attn: Client Resource Center, 201 First Street SE, Suite 800, Cedar Rapids, IA 52401 Page 270 of 750 14ill vDESIGN 1268 Locust Street Dubuque, Iowa 52001 563design.com Task Order No. 04 563 Design, PLLC (CONSULTANT) Project Name: Finance Department - Move to 7800 Chavenelle Road Pursuant to Master Services Agreement dated May 1, 2025 Task Information Task Name: Finance Department - 7800 Chavenelle Road Task Description: Provide Architectural, Mechanical, Plumbing and Electrical Services for Bidding Documents and Construction Administration for Tenant Improvements (Finance Department) located in the North-West corner of building adjacent to the City of Dubuque's IT Department. Mechanical Consultant - Delta 3 Plumbing Consultant - Delta 3 Electrical Consultant - DRJ Scope of Services Bidding Documents o Drawings and Specifications to include Architectural, Mechanical, Plumbing and Electrical drawings showing the tenant improvements for the approximate 5,300 SF area located on the North-West portion of the building and approximately 700 SF of office remodel within the existing IT Department. Documents will include the following scope of work: ■ Newfinishes throughout Finance Department ■ New finishes in remodeled portions of the IT Department ■ New carpet throughout entire IT Department ■ New doors and access control in areas discussed on site (currently 3 doors) ■ Modify existing conference room into two offices ■ HVAC, Plumbing and Electrical work as required • Create 4 new offices and 1 conference room within existing IT Department ■ Coordination with Owner provided consultants and activities • Owner to provide Division 00 of project manual o Improvements to meet current code requirements where applicable to scope of work. o Design to meet ADA requirements where applicable to scope of work. Bidding/ Permitting o Distribute Bid Documents (with City's assistance) o Pre -Bid Meeting, Answer Request for Interpretation from Bidders o Review Substitution Requests, Issue Addenda o Conduct Bid Opening (with City's assistance) o Submit Bid Tabulation and Recommendation to Owner Page 271 of 750 City of Dubuque, Master Service Agreement -Task Order #04 Finance Department move to 7800 Chavenelle Road Page 12 Construction Administration to include: o Four site visits by the Architect, and a total of four site visits by the Architect's consultants, additional visits will be billed as an additional service. o Participate in the pre -construction meeting. o The Architect and Architect's consultants shall respond to Contractor's request for additional information about the Bidding Documents. o The Architect and Architect's consultants shall review shop drawings and submittals to confirm conformance with the construction documents and specifications. o The Architect and Architect's consultants will review and certify contractor's monthly applications for payment. o The Architect and Architect's consultants will provide a punch list of outstanding items and shall provide follow-up of outstanding items. Schedule - Bidding Documents: 4-6 weeks - Bidding/Quotes: 4-8 weeks - Construction Administration: 8-12 weeks Compensation CLIENT shall compensate CONSULTANTfor Services under this Task Order as follows: Thirty -Five thousand, five hundred dollars ($35,000.00) CONSULTANT: 563 Design, PLLC dyxlt"� 11A 4;___ Andrew McCready, Architect President Date: October 23, 2025 CLIENT: City of Dubuque, Iowa Insert Name: Michael C. Van Milligen Insert Title: City Manager Date: October 31, 2025 Page 272 of 750 Dubuque THE CITY OF DUB TE, lI ,II► 1007-2012.2013 Masterpiece on the Mississippi 2017•2019 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 Midwest Injection, Inc (Vendor) at 'Vendor Name) 1621 McCabe Lane, PO Box 141, Cascade, IA 52033 (Vendor Address - City and State) PROJECT TITLE: Terminal Street Lift Station Bypass Pumping (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: building road/access to centrate tank, removing and disposing of material in the centrate tank. The work described above shall be completed at the following location(s): Water & Resource Recovery Center and hauling to final disposal site. 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 273 of 750 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 under this Contract on or before November 28, 2025 (date) Page 2 of 20 Page 274 of 750 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 275 of 750 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 $ 96,327.00 CITY OF DUBUQUE, IOWA VENDOR: l By: o 11/03/2025 Midwest Injection, Inc. !� �" y =� Michael C. Van Milligen Date Company Name City Manager By: 10/30/2025 Signature Date Jake McAllister Printed Name President Title Page 4 of 20 Page 276 of 750 UZUMt lie Attea� AGRICULTURE • INDUSTRIAL SERVICES • MUNICIPAL WASTE RESIDUALS TRANSPORTATION LAGOON CLEANING • DIGESTERS • LAND APPLICATIONS 1621 McCABE LANE -CASCADE, IA 52033 563-852-7125.563-852-6005 fax • 563-599-4122 MAILING ADDRESS: PO BOX 141 • CASCADE, IA 52033 10/22/2025 RE: Centrate Tank Cleanout Thank you for the opportunity to submit a quote Scope of Services Biosolids removal and land application services and the normal labor, equipment, supplies, and supervision as it so relates to such items per the RFP specs & drawings. Pricing Midwest Injection proposes the following lump sum price for the scope of services: $96,327.00 Bid Assumptions: • Bid includes building rock pad. • Bid does not include removing rock pad after job is complete. Commencement of work can be scheduled upon receipt of an executed purchase agreement. This proposal is valid for 30 days from the date of this proposal. Mobilization is included. We appreciate the opportunity to submit this quote for your project and look forward to working with you. Attached is our company biography, references, and qualifications. You can also visit with us at www.midwestineection.com and like us on Facebook. Sincerely, Ja Ilister, CEO Midwest Injection, Inc. Page 277 of 750 Deron Muehring From: Jamie Recker <Jamie@midwestinjection.com> Sent: Thursday, October 30, 2025 8:45 AM To: Deron Muehring Cc: Adam Leeser Subject: RE: Centrate Tank Cleaning Caution! This message was sent from outside your organization. Never give your login information and password over email! Deron, Our cost on building the access to the tank is $19,333 Our cost on removing & disposing of the material in the tank is $68,711 Let me know if you need anything else. Thanks, Jamie From: Deron Muehring <Dmuehrin@cityofdubuque.org> Sent: Wednesday, October 29, 2025 11:47 AM To: Jamie Recker <Jamie@midwestinjection.com> Cc: Adam Leeser <Aleeser@cityofdubuque.org> Subject: RE: Centrate Tank Cleaning Jamie, Block sender I Report Thanks for the quote. Can you break down for me the work/cost associated with building access to tank and then the work/cost of removing and disposing of the material in the tank? Thanks. Deron THE CF D!Uj- B E Masterpiece on the Mississippi Deron Muehring (he/him/his) Water & Resource Recovery Center Director City of Dubuque 795 Julien Dubuque Drive Dubuque, Iowa 52003 O: 563.589.4177 1 dmuehrin(cD.cityofdubugue.org 6=OZnZoIY1� From: Jamie Recker <Jamie@midwestiniection.com> Sent: Wednesday, October 22, 2025 9:12 AM Page 278 of 750 To: Deron Muehring <Dmuehrin@citVofdubugue.org> Subject: Centrate Tank Cleaning Good Morning Deron, Please find attached our bid for cleaning the centrate tanks. Thank You, Jamie Recker Midwest Injection 319.481.7681 1621 McCabe Lane Cascade, IA 52033 midwestinjection.com Page 279 of 750 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 280 of 750 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 281 of 750 Class A: Class B: Class C: EXHIBIT B 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 282 of 750 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. 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 283 of 750 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 284 of 750 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 285 of 750 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 286 of 750 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 Coveraae. 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 287 of 750 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 Exhibi ORD form Desc This Page 2. All poli nd all insure 3. Each cNOT APPLICABLE 4. The s legal a such requirements by the City of Dubuque. or other 3iver of 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 13 of 20 Page 288 of 750 INSURANCE SCHEDULE G (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY This Page NOT APPLICABLEY, 0002. less nit." 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 289 of 750 INSURANCE SCHEDULE G (continued) C) 91 E) F) 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. PROFESSIONAL LIABILITY $1,000,000 Coverage required: _ Yes _ No If the required policy provides claims -made coverage 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. CYBER LIABILITY/BREACH $1,000,000 Coverage required: _ Yes 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. 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 290 of 750 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. Nonw This Page s policy and the includi governmental i is and as it may be amen 2. ClaimsNOT APPLICABLEnot subject to the defense le 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 291 of 750 EXHIBIT D INSURANCE SCHEDULE J requirE than 60 days. th the final billing. This Page artmentof Insurai ide a statern or Project Locati 2. All pollNOT APPLICABLE-nd all insure 3. Each 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 292 of 750 INSURANCE SCHEDULE J (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY This Page NOT APPLICABLElt�Y0002. 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 1311 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 293 of 750 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 Liabilitv Insurance. If the Umbrella or txcess insurance policy goes not toiiow the Corm of the primary policies, it shall include the same E) n and e (5) iform dended 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. tic This Page NOT APPLICABLE„ Page 19 of 20 Page 294 of 750 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. NonwE 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 3. Assert efense 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 295 of 750 Dubuque THE CITY OF �►II�InaO DUBLIQUE 2007 2012.2013 Masterpiece on the Misslss1PP1 2017*2019 City of Dubuque Engineering Department 50 W 13th 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 ❑ 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 Top Grade Excavating (Contractor Name) (Contractor's Address - City and State) PROJECT TITLE: Catfish Creek Sanitary Utility Easement Stream Crossings Restoration (Contractor) at (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: the restoration of vehicular stream crossings located withing sanitary sewer easement areas along Catfish Creek Middle Fork. Contract shall include all costs of contractor staff, equipment, and materials, including furnishing and installing erosion stone as needed estimated at $20/ton. The work described above shall be completed at the following location(s): Sanitary sewer easements located along Catfish Creek Middle Fork 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. 2. Contract Documents shall mean and include the following where applicable: Page 296 of 750 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 El 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. Page 297 of 750 8. The Contractor shall fully complete the Project under this Contract on or before (DATE) 9. Indemnification from Third Party Claims; Liability for City Damage. 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. Permits and Licenses. Contractor further represents and warrants that Contractor will obtain all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Contract, including any permits and licenses that might be required by the state or locality in which Contractor 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 Contract. 12. 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 obligations under this Contract, including but not limited to the laws outlined in Exhibit c , and hereby represents and warrants that Contractor is in compliance with the same as of the Closing/Effective _ a e an urt er represents t at dunng the --Contractor-will remain -in compliance. Contractor shall require all contractors and subcontractors providing services under this Contract shall also certify compliance with this Section. When Applicable: Contractor further represents and warrants that Contractor has obtained all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Contract, including any permits and licenses that might be required by the state or locality in which Contractor performs the Services, and Contractor agrees to maintain, at Contractor's sole expense, such required permits and licenses for the durations of the term(s) of this Contract. 13. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice delivered to the Contractor. Page 298 of 750 14. 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 15. The City is exempt from federal excise tax and Iowa sales tax. 16. 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. 17. 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. 18. Current Safety Data Sheets (SDS), when applicable to the order, will be provided by the Contractor in accordance with all regulations. 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. 20. 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. Page 299 of 750 THE CITY AGREES: The City agrees to pay the Vendor for the work actually performed under this Contract, up to the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT: $ 15,000 CITY OF DUBUQUE, IOWA CONTRACTOR: By. 11 /042025 Top Grade Excavating chael C. Van Milligen Date Company Name City Manager By: 1��. � it - oK - as Signature Date 3��, Printed Name L V , 4LC Title Page 300 of 750 SHEET NOT APPLICABLE 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.cityofdubuque.orq/DocumentCenter/HomeNiew/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 301 of 750 SHEET NOT APPLICABLE 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: Mr Its: Date: Return signed copy to: Engineering Department 50 W. 13th Street Dubuque IA 52001 Page 302 of 750 SHEET NOT APPLICABLE EXHIBIT B PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That we, (hereinafter Dubuque, Iowa, any breach 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 to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. 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 Page 303 of 750 SHEET NOT APPLICABLE is made a part hereof as though fully set out herein. 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 Page 304 of 750 SHEET NOT APPLICABLE 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. 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 , 20_. SURETY COUNTERSIGNED BY: PRINCIPAL: Signature of Agent Printed Name of Agent Company Address City, State, Zip Code Company Telephone Number Contractor By: Signature Printed Name Title FORM APPROVED BY: Page 305 of 750 SHEET NOT APPLICABLE Representative for Owner 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 306 of 750 NOTE: SHEET NOT APPLICABLE All signatures on this performance, payment, and maintenance Bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. 3. 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 307 of 750 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 308 of 750 INSURANCE SCHEDULE F (continued) 1. Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project # Project name: or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate required shall be furnished to the Department of the City of Dubuque. 4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this contract. 5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Contractor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever an ISO form is referenced the current edition must be provided. 8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are higher than the required minimum limit, then the contractor's limits shall be this agreement's required limits. 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 309 of 750 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. Page 310 of 750 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 _ 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 1 $2,000,000 Page 311 of 750 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 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 312 of 750 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 313 of 750 JI �I \ I.I ".-ftI C LEGAL COMPLIANCE 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); f) 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) Titles 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, colorInationalorigin, 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 m) Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended (42 U.S.C. § 4541, et seq.). Page 314 of 750 Docusign Envelope ID: C66D14F4-D31C-411E-B4CD-2BC524E07COC CLINICAL AFFILIATION AGREEMENT BETWEEN THE EMS TRAINING SCHOOL, LLC, dba SCHOOL OF EMS and dba Camsen Career Institute AND THE CITY OF DUBUQUE THROUGH ITS FIRE DEPARTMENT I. PURPOSE OF AGREEMENT: The purpose of this Field and Ride -Along Agreement (hereinafter "Agreement") is to define the rights and responsibilities of The EMS Training School, LLC, dba School of EMS and dba Camsen Career Institute (hereinafter College), which provides education to health care students, and the City of Dubuque, Iowa through its Fire Department (hereinafter DFD), which provides supervised field resources and related experiences for Paramedic and EMT training programs. College and DFD may be referred to individually as a Party or collectively as the Parties. II. PREAMBLE: College shall have overall responsibility for the students' classroom instruction, clinical experience, clinical evaluation and for informing students of all policies, procedures, and protocols of the College. College shall designate a faculty member to coordinate each College student's field experience at the DFD site. DFD provides field experience in which students receive learning experiences, under the direct supervision of a paramedic or other appropriate health professional. III. COLLEGE AGREES: A. To provide classroom instruction, to coordinate clinical experience, to ensure students are knowledgeable of all policies, procedures, and protocols of the College, and to assume overall responsibility for students throughout their classroom and clinical experience. B. To provide students with education on blood -borne pathogens, infectious diseases, and the application of standard precautions, including the use of personal protective devices. C. To establish policies and procedures to ensure each student completes a 10-panel drug screen prior to beginning their clinical experience. D. To have immunization policies and procedures in place for faculty and/or students which address the following immunization standards: Page 315 of 750 Docusign Envelope ID: C66D 1 4F4-D31 C-41 1 E-B4CD-2BC524EO7COC 1. Two-step TB skin testing done within the past year; or if a positive PPD history, a current negative chest x-ray report upon admission; then a TB skin test yearly after admission. 2. Hepatitis B series, or a positive Hepatitis B Surface Antibody titer, or a letter from the student's physician stating need for exemption. 3. Measles, mumps, rubella (MMR vaccine) two doses or titers of all three diseases showing full immunity. 4. Chicken Pox (varicella) — proof of disease by physician documentation, or a positive titer, or two doses of varicella vaccine. 5. Seasonal influenza vaccine — annual proof of immunization prior to the conclusion of the first week of January classes. E. To provide DFD with student names and field schedules at least one week in advance of the start date of the field rotation, unless the DFD elects to do its own scheduling of students, in which case the College's responsibility will be limited to reviewing and communicating the schedule to the student. F. To participate in continuous planning with the DFD regarding desired learning experiences for students. G. To advise students they may participate in patient care only under the direction and supervision of a College instructor, paramedic of the DFD, or other qualified DFD personnel. H. To inform students they are responsible for following the policies and procedures of the DFD as well as applicable federal and state laws, rules and regulations pertaining to health care facilities, including but not limited to confidentiality policies pertaining to patient records and patient. College faculty and students will maintain the confidentiality of all City records, patients and clients that they encounter. Students and faculty will sign Confidentiality Agreements prior to participating in their clinical experience and shall be subject to the City's policies respecting the confidentiality of medical information. I. To communicate to faculty and students that the cost of transportation to and from the DFD clinical site shall be the personal responsibility of the faculty member and student. J. To handle student discipline. K. To maintain student background and child/adult abuse or neglect registry check reports in a manner consistent with its internal record retention policy. The reports may be provided to Clinical Site upon request if the student to which the report relates provides his or her written authorization. College will extend its best effort to obtain the written authorization from the student, but if a student refuses or if the College 2 Page 316 of 750 Docusign Envelope ID: C66D14F4-D31C-411E-B4CD-2BC524E07COC is otherwise unable to obtain written authorization, College will not be subject to any liability or penalty. College makes no representations or warranties as to the accuracy of these documents. L. College will inform students they must maintain an acceptable personal appearance and shall wear the name tag provided by the College while involved in field experience at the DFD site. M. To provide all students with appropriate instruction in Standard Precautions as defined by the Centers for Disease Control and Prevention and have OSHA in-service documentation and in HIPAA compliance, with such records to be provided to the DFD upon request. N. College shall provide Health Insurance Portability and Accountability (HIPAA), Family Educational Rights and Privacy Act (FERPA), and 42 CFR Part 2 training to all students and faculty members before they are assigned to CITY. IV. DFD AGREES: A. To provide students field experience through participation in pre -hospital care provided by DFD personnel, such experience to be mutually agreed upon between the DFD and the College. B. To provide College with the facts and circumstances upon which the DFD personnel determine a College student shall be removed from participation in clinical field experience. C. To provide College with immediate notice of any injury to a student of the College which occurs during the student's participation in prehospital care provided by DFD personnel. D. To designate a primary preceptor for responsibility in teaching, coordinating, and directing the student's field experience who is certified with the appropriate level of education and training and to allow each preceptor an opportunity to attend preceptor training conducted by College. E. To inform College of student field experience schedules. F. To schedule students for field experience time to assure appropriate experience, subject to such scheduling being consistent with the DFD's obligation to provide prehospital care to its citizens. G. To identify and provide preceptors who will be responsible for providing 3 Page 317 of 750 Docusign Envelope ID: C66D 1 4F4-D31 C-41 1 E-B4CD-2BC524EO7COC the College with an evaluation of each student throughout the field experience. H. To retain ultimate responsibility for the quality and provision of patient care at the DFD. When reasonably possible, to obtain patient consent to participation in the field education program and receipt of services from College students. J. To ensure that its staff meet minimum health standards. K. To orient the student to the field site with specific information on standard precautions including location and required use of personal protective equipment in accordance with standard precaution regulations, provide needle stick prevention procedures including location and use of sharps containers, and proper reporting procedures for response to personal exposure to an infectious disease. L. To orient the student to the location of hazardous materials, handling, disposing of and use of personal protective equipment, and location and use of hazardous waste containers. M. To submit a written evaluation of student performance in accordance with procedures established by the College, if requested. N. To provide adequate space, as available, for the College to use as conference rooms during the practicum experience. Provision of such space will be contingent upon availability of such space. O. In the event student or College faculty requires immediate medical care, Clinical Site will use its best efforts to arrange and/or provide necessary care in a timely and appropriate manner. Clinical Site shall use its best efforts to document the event and shall provide copies of all documentation to College, subject to applicable legal or regulatory requirements. Clinical Site shall be entitled to payment for any medical care or services it provides either by: 1. College or its insurer if the student or College faculty is injured while engaging in activities or behaviors within the scope of his or her student or employee function, respectively, and if done in a safe, prudent, and acceptable manner; or 2. Student or College faculty or his or her private health insurance provider if the student or College faculty is injured while engaging in activities or behaviors outside to the scope of his or her student or employee function, respectively, or while engaging in activities or behaviors within the scope of his or her student or employee function, 4 Page 318 of 750 Docusign Envelope ID: C66D14F4-D31C-411E-134CD-26C524E07COC respectively, but done in an unsafe, unacceptable, or negligent manner. P. Students shall be required to wear facial PPE while at Clinical Site. Clinical Site shall have the responsibility of ensuring students comply with this requirement. Any student who fails or refuses to wear facial PPE may be asked to leave the Clinical Site. Facial PPE may include a face mask and/or face shield or goggles. Additional PPE as deemed necessary by Clinical Site may be required on a case by case basis. To ensure compliance with Clinical Site standards which may continually evolve in response to clinical research and pandemic conditions, Clinical Site shall supply students with PPE which meets the standards established by Clinical Site. Q. With reasonable notice, to provide information on the DFD site, and, with permission of the DFD Chief, permit inspection of the DFD site, by individuals or agencies charged with the responsibility for accreditation of the College and its education programs. V. COLLEGE AND DFD AGREE: A. Each Party will retain complete control over such activities of its own that are outside the scope of this Agreement. B. Students participating in activities covered by this Agreement will not receive compensation or remuneration for the services performed hereunder, other than specifically provided for herein. C. College is not providing any services to DFD which would cause College to be considered a Business Associate under the Health Insurance Portability and Accountability Act (HIPAA) and therefore a Business Associate Agreement between College and Clinical Site is unnecessary D. Students participating in activities covered by this Agreement are for purposes of HIPAA considered part of Clinical Site's "Workforce" (as that term is defined at 45 CFR 160.103) and therefore a Business Associate Agreement between College and Clinical Site is unnecessary. E. Representatives from College and DFD will meet to review course objectives and field experiences as reasonably required or requested by either Party. F. Changes to a field schedule shall be made by mutual agreement and, when reasonably possible, in written form, between College faculty and the appropriate DFD representative. Such changes should be made as soon as possible prior to the time the schedule change is to become effective. 5 Page 319 of 750 Docusign Envelope ID: C66D14F4-D31C-411E-134CD-26C524E07COC G. Services performed by students covered by this Agreement will be within the established requirements of each student's educational program at the College. H. Students will work according to protocols or standard operating procedures acceptable to both the College and the DFD. Nothing in this Agreement is to be construed as requiring facilities or personnel except what is otherwise deemed necessary for operation by the DFD. J. There will be no discrimination on the basis of race, national origin, color, religion, creed, sex, age, race, disability, sexual orientation, national origin, ancestry, gender identity, familial status, or any other category as provided for in law. K. The parties will conduct themselves in a manner which is consistent with high standards of professionalism and business ethics. L. DFD shall not be responsible for lost or damaged personal property of the student. M. The parties agree the placement of students for DFD field experience shall be at the availability of the DFD. VI. LIABILITY INSURANCE AND INDEMNIFICATION: A. Each Party shall be responsible for its own acts and omissions and shall be liable for payment of that portion of any and all claims, liabilities, injuries, suits, and demands and expenses of all kinds that may result or arise out of any malfeasance or neglect caused by said Party, its employees, agents, or subcontractors, in the performance or omission of any act or responsibility of said Party under this Agreement. B. College shall ensure its students have professional liability insurance in the appropriate amount prior to beginning clinical experience with the DFD. C. To the extent of any legal liability of College for the negligent or tortious acts of its students and faculty, College shall indemnify and save harmless City, its employees, agents, and elected officials from loss, damages, expenses, attorney fees and costs on account of the death, personal injury and property damage to any person to the extent of available insurance coverages and proceeds. D. College shall maintain insurance in compliance with City Insurance Schedule J, as attached. Page 320 of 750 Docusign Envelope ID: C66D14F4-D31C-411E-134CD-26C524E07COC E. City shall maintain its membership in the Iowa Communities Assurance Pool during the term of this Agreement and shall, upon request, provide proof of said membership and coverage to College. F. In the event that a claim is made against both Parties, it is the intent of both Parties to cooperate in the defense of said claim and to cause their insurers to do likewise. Both Parties shall, however, retain the right to take any and all actions they believe necessary to protect their own interests. G. The College also agrees to provide each student with liability insurance coverage in the amounts set out in the attached City Insurance Schedule, at no cost to the DFD. VII. TERM AND TERMINATION: A. Term. This Agreement shall be effective September , 2025 for a term of three (3) years and each year thereafter shall automatically renew for an additional one-year term, unless this Agreement is terminated as provided herein. B. Termination. The Parties have the following rights regarding termination of this Agreement and termination or suspension of a student's participation under this Agreement: 1. Termination of Agreement Without Cause. This Agreement may be terminated without cause at any time by a Party upon ninety (90) days prior written notice to the other Party. In the event that this Agreement is terminated pursuant to this paragraph, the Parties hereby agree that no students participating in an ongoing field experience will be denied the opportunity to complete such field experience. In such event, all applicable provisions of this Agreement, including the right to terminate any student pursuant to Section VIII, shall remain in force during the extension period from the effective date of termination, until the student's field experience is completed. 2. Termination of Agreement With Cause. This Agreement may be terminated by either Party in the event of an alleged material breach by the other, upon thirty (30) days prior written notice given by the non -breaching Party to the other Party, provided such alleged breach is not cured within said thirty (30) day period. 3. Termination for Noncompliance. This Agreement may be terminated immediately by either Party if this Agreement (a) is determined to be in violation of, or (b) causes either Party to be in Page 321 of 750 Docusign Envelope ID: C66D14F4-D31C-411E-134CD-26C524E07COC noncompliance with, federal or state rules or regulations applicable to that Party. 4. Termination for Inconsistency with College Standards. This Agreement may be terminated immediately by either Party upon College providing written notice to DFD that a provision of the contract is inconsistent with the Vision, Mission, Core Values and/or Beliefs of the College or its affiliates. Vill. DFD'S RIGHT TO TERMINATE OR SUSPEND STUDENTS: DFD may dismiss a student from a field experience whose work, conduct, or health is or is reasonably likely to be detrimental or disruptive to DFD. In the event of such action, an immediate phone call will be placed to the College explaining the action, followed by a written evaluation of the incident. IX. MISCELLANEOUS PROVISIONS: A. Compliance With and Construction of Law. Each Party shall comply with all federal, state, and local laws, ordinances or regulations, Joint Commission on the Accreditation of Healthcare Organizations (JCAHO) or other applicable accrediting body standards and accepted standards of practice applicable to student training, and if at any time the Agreement does not conform thereto, it will be considered amended so as to conform. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. Words and phrases in this Agreement shall be construed in the singular or plural number and as masculine, feminine, or neuter gender, according to the context. B. Jeopardy. Notwithstanding anything to the contrary contained in this Agreement, if a Party's performance of this Agreement jeopardizes the licensure of either Party, the participation of either Party in, or the payment or reimbursement from, any governmental health care program, the full accreditation of either Party by any applicable state or nationally recognized accreditation organization, or the tax exempt status of either Party, any of such Party's property or financing (or the interest income thereon, as applicable), or will prevent or prohibit any physician, or any other health care professionals or their patients from utilizing the services of either Party, or if for any other reason said performance should be in violation of any statute, ordinance, or be otherwise deemed illegal, or be deemed unethical by any recognized body, agency or association in the educational, medical or hospital fields, the affected Party may terminate this Agreement immediately upon written notice or initiate negotiations to resolve the matter and, if the Parties are unable to resolve the matter within thirty (30) days thereafter, the affected Party may, at its option, terminate this Agreement immediately. s Page 322 of 750 Docusign Envelope ID: C66D14F4-D31C-411E-B4CD-2BC524EO7COC C. Independent Contractors. Each Party is a separate and independent institution, and this Agreement shall not be deemed to create a relationship of agency, employment or partnership between them. Each Party understands and agrees that the agents or employees of each Party are not employees or agents of the other Party. Services rendered by students covered by this Agreement are considered to be educational in nature. Nothing in the execution or performance of this Agreement shall be construed to establish an employer -employee, agency, partnership of joint venture relationship among the parties and their affiliates. D. Assignment. All or any portion of this Agreement, or of the rights, duties and obligations hereunder, shall not be assigned by either Party without the prior written consent of the other Party. Any purported assignment in contravention of this provision shall be null and void. E. Entire Agreement. This Agreement and each expressly referenced exhibit represents the entire agreement between the Parties concerning the subject matter. All prior understandings, representations and other agreements between them with respect to the subject matter hereof are either merged herein or superseded hereby. F. Severability. In the event any provision of this Agreement is held invalid, illegal or unenforceable, in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall continue to be valid and enforceable. G. Use of Name. Neither Party shall use the name, logo, or likeness of the other Party, or the other Party's employee or agent, in any publicity or advertising material without such other Party's express prior written consent. H. Third Party Beneficiaries. Failure of either Party to provide services hereunder in a manner reasonably acceptable to the other shall constitute a breach of this Agreement. The Parties specifically disclaim any attempt, however, to establish any fixed contractual standards for the quality and efficiency of care rendered by students in the service tendered hereunder, and further specifically disclaim the existence of any third party beneficiaries to any contractual standard of care, or the existence of any other individual or entity who is intended to have a right to enforce any provision of this Agreement. Notices. Whenever written notice is required or permitted to be given by either Party to the other, such notice shall have been deemed to have been sufficiently given if personally delivered or deposited in the United States mail in a properly stamped envelope, certified or registered mail, return receipt requested, addressed to: Page 323 of 750 Docusign Envelope ID: C66D14F4-D31C-411E-B4CD-2BC524EO7COC For College: The EMS Training School, LLC, dba School of EMS and dba Camsen Career Institute Attn: Amber Jameson, Clinical Services Manager 115 Jordan Plaza Blvd, Suite 200 Tyler, TX 75704 For DFD: City of Dubuque Fire Department Attn: Amy Scheller, Chief 11 West 9th Street Dubuque, Iowa 52001 J. Amendment and Modification. This Agreement may only be amended by mutual written agreement of the Parties hereto or their duly authorized representatives and may not be amended or modified in any other manner. K. Authority. The persons signing this Agreement warrant that they have full authority to do so and that the signature of each shall bind the Party on whose behalf the person signs. L. Waiver. The failure of either Party to insist in any one or more instances upon performance of any terms or conditions of this Agreement shall not be construed as a waiver of future performance of any such term, covenant, or condition; but the obligations of such Party with respect thereto shall continue in full force and effect. M. Books and Records. To the extent applicable, the Parties agree to comply with 42 U.S.C. section 1395x(v)(1)(1) and make available to appropriate federal authorities the contract, books, documents, and records reflecting the operation of the field education program for a period of four (4) years from and after the termination of services under this Agreement. Additionally, the Parties agree to comply with section 1861(b)(1)(1) of the Social Security Act and require all of their subcontractors who perform services under this contract with the value or cost of $10,000 or more over a twelve (12) month period to contractually agree that, until the expiration of four (4) calendar years after the furnishing of services under the subcontract, the subcontractor shall make available, upon written request of the appropriate federal authorities, the subcontract and books, documents and records of the subcontractor that are necessary to verify the nature and extent of the costs involved in the subcontract. N. Non -Discrimination. Each Party agrees to be responsible for compliance with all anti -discrimination laws applicable to its respective activities arising under the terms of this Agreement. Neither Party will discriminate against any student as provided for in federal and state law or municipal code. 10 Page 324 of 750 Docusign Envelope ID: C66D14F4-D31C-411E-B4CD-2BC524EO7COC O. Clinical Practice. No term of this Agreement is intended to directly or indirectly, covertly or overtly require or solicit referral of patients in any way, regardless of pay or source, including Medicare and/or Medicaid patients. P. Acknowledgment. By their execution of this Agreement, the Parties stipulate and agree they have read the Agreement, understand the Agreement, and agree to the statements and provisions contained therein. 11 Page 325 of 750 Docusign Envelope ID: C66D14F4-D31C-411E-134CD-26C524E07COC IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the respective dates written below. The EMS Training School, LLC, d/b/a School of EMS and d/b/a Camsen Career Institute By: V, R6W Signature Name: TC Howard Printed Title: Chief Operating Officer Date: 11/4/2025 1 18:13 CST City of Dubuque y �WAS Fnture Name: Michael C. Van Milligen Printed Title: City Manager Date: 10/16/2025 12 Page 326 of 750 Docusign Envelope ID: C66D14F4-D31C-411E-B4CD-2BC524E07COC EXHIBIT A CITY INSURANCE SCHEDULE 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 prcject if the term of work is longerthan 80days_ Contractors presenting annual certificates shall present a certificate at the end of each prcject 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 cf Finance and Budget. Each certificate shall include a statement under Description of Operations as to why the certificate was issued_ Eg: Prcject # or Prcject 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 waiverof 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 toobtain and maintain during the performance of work insurance forthe 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- subcon sultant to obtain and maintain such coverages_ The City may request a copy of such certificates from the Contractor. 8. Al required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever a specific ISOform 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 coveragellimits, 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 bethis agreement's required limits. 9_ Contractor shall be responsible for deductibles and self -insured retention for paymentof all policy premiums and other cost associated with the insurance policies required below_ 10. Al 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 1 of 4 Schedule J Professional Services December2024 13 Page 327 of 750 Docusign Envelope ID: C66D14F4-D31C-411E-134CD-26C524E07COC City of Dubuque Insurance Requirements for Professional Services 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 Recoverfrom 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 andlor limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 131^ 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 Waiverof Flight to Recoverfrom Others endorsement C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on thejob by accident ordisease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage S Employers Liability Each Accident $100,000 Each Employee -disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiverof Right to Recoverfrom Others endorsement. Page 2 of 4 Schedule J Professional Services December2024 14 Page 328 of 750 Docusign Envelope ID: C66D14F4-D31C-411E-134CD-26C524E07COC City of Dubuque Insurance Requirements for Professional Services Coverage B limits shall be greater if required by the umbrellafexcess insurer_ OR ff, 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 8722. Completed form must be attached. D) UMBRELLAIEXCESS LIABILITY $11000,000 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 notfollow 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 favorof the City. E) PROFESSIONAL LIABILITY $2,000,000 ff 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) ff 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 LIABILITYIBREACH $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 3 of 4 Schedule J Professional Services December2024 15 Page 329 of 750 Docusign Envelope ID: C66D14F4-D31C-411E-134CD-26C524E07COC City of Dubuque Insurance Requirements for Professional Services 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 yourwaiverof those immunities_ If you would like to preserve those immunities, please use this endorsement or an equivalentform. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiverof Governmental Immunitv.The insurer expressly agrees and states that the purchase cf this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any cf the defenses of governmental immunity available to the City of Dubuque, Iowa under Code cf Iowa Section 670.4 as it now exists and as it may be amended from timeto time_ 2. Claims Coverage. The insurerfurther agrees that this policy of Insurance shall coveronly those claims not subject to the defense of governmental immunity under the Code of Iowa Section $70.4 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 underthis policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa underthis policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled In favor of the defenses) of governmental immunity asserted by the City of Dubuque, Iowa_ No Other Change in PGlicy- 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 4of4 Schedule Professional Services December2024 16 Page 330 of 750 Dubuque THE C DUUB*TE 1r11 2007-2012.2013 Masterpiece on the Miss1"5s1'pia1 2017*2019 City of Dubuque Water Department 1902 Hawthorne Street (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 endor) at Environmental Management Services of Iowa, Inc. endor Name 5170 Wolff Rd # 2, Dubuque, IA 52002 (Vendor Address - City and State) PROJECT TITLE: Eagle Point Water Treatment Plant Roof Rehabilitation - Asbestos Abatement (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 eauir)ment and to Derform all labor necessary for: Testing and removal and disposal of asbestos -containing materials on insulation covering roof drain piping from Roof No. 4 (3rd Floor Admin) of the Eagle Point Water Treatment Plant Roof Rehabilitation Project, as described in proposal dated October 27, 2025. The work described above shall be completed at the following location(s): Eagle Point Water Treatment Plant (1902 Hawthorne Street, Dubuque, Iowa 52001) The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa Page 1 of 20 Page 331 of 750 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 El 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 November 30, 2025 (date) Page 2 of 20 Page 332 of 750 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 333 of 750 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 $ 1,265.00 CITY OF DUBUQUE, IOWA VENDOR: By: 11 /06/2025 Environmental Management Services of Iowa, Inc. ichael C. Van illigen Date Company Name City Manager By: 11 /05/25 Signa ure Date Kim Koeller Printed Name President Title Page 4 of 20 Page 334 of 750 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 335 of 750 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 336 of 750 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 337 of 750 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: Ea91ePom1Wale, T,ea..n Plant Roof RehaC0ta4on.Asbestos Abatement or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate required shall be furnished to the 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. 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. 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 338 of 750 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 339 of 750 C) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. D) UMBRELLA/EXCESS LIABILITY The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. All Class A contractors with contract values in excess of $10,000,000 must have umbrella/excess liability coverage of $10,000,000. All Class A and Class B contractors with contract values between $500,000 and $10,000,000 must have umbrella/excess liability coverage of $3,000,000. All Class A and B contractors with contract values less than $500,000 must have umbrella/excess liability coverage of $1,000,000. All Class C contractors are not required to have umbrella/excess liability coverage. All contractors performing earth work must have a minimum of $3,000,000 umbrella regardless of the contract value. E) POLLUTION LIABILITY Coverage required: x Yes _ No Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos, or PCBs. Pollution product and complete operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) or its equivalent and CG 20 37 (completed operations) or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. 7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability -Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the Owner's property. F) RAILROAD PROTECTIVE LIABILITY Coverage required: _ Yes x No Page 10 of 20 Page 340 of 750 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 341 of 750 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 Polices 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 342 of 750 EXHIBIT C U 1. a do h f is a n c ifi to f i ur c o e ty D u e ow fo h o ra r ui d i h' it I No o e nt ct o e e nt a c if' at h b r ar o th m t c rre O f m a ro ed y t I a s an D' isi a q al t. ac ce ifi a al nc de s e en n r e n o f er io a to y e e" c w si u. V nd S i e e d d II li ' s in r ce a re e u er al a it n ' su r th iz to o si s n n all i ur s al a a ti o o e er ' th c e A. . B st' ' g ui . ac c ifi e a e rh to a in c e rt en f e y D u e. 4. h se is pr id s II r uir d t c y t i m ov a /li is r ea r if e re y w r o er g ag a nt n hi I. ai re p vi t re it i m ov a s II t d m a' er s h q' e nt y he ity f b ue it e t ob in r in in e r qu" ed ' s n s II c si er a at is re h t' a e e 11 q' ed n rs e s all a a e o t c if at c ifi to ' d b or th by ra a e en I a r ed h e r p ifi S or is of en d e rr t iti o e or m t u d le a e iv nt f m' a ro d t ec r i n a B dg T e rvi p vi r use ify r I' i ri ' g de a s nd xc si s f m e 0 or 8 If en or' i s is i re ig r an e q' e i li its e h a or' li is al a is ag a nt' re it li its 9 V d s I r qu' a su co ra r n u su o a rs o tai a m nt ' ri th pe or in o o in r ce r e ve g d cr' ed ' t' I ur c c d e d al bt n rtif' at o is a e f m I ch ub on c s d b- ub n ct s. a or gr s at ' sh b lia e r t f ' ur of s co ra or d ub u on ac r t ob in d ai ai su c er ge h i m r u a op of uc e c s e e or 10 do sh b re o ibl for a cti es el ns a et do fo a e o II li pr i s nd th as a oc' e i th In ra a li ' s q ' ed el 1 Al e .Ic es i ur c u i u a nt na e, o m r, d a re 1 T ' y D u e r se es a gh o q' e m t ce ie co ie f r uir i ur c o" ie , nc air a ore nt , re it b hi c ed e a ti e it y ue es a th rig to o y es re it a s, ' cl in i ' s, s o ch g i e ri or th s ci cir u a e ur' g et m t a e e, s je to ri n ut I re e tt a to Page 13 of 20 Page 343 of 750 INSURANCE SCHEDULE G (continued) X BI I M E I N L BI T e al g g e' it 2, 0 0 P d s- o le d er io gr at i t 0 ,0 e on a e si Try im' $ 0 0 c c rr c 11 0, 0 Fi D m e' i a o o ur nc $ ,0 e ca a e s $ 0 1) C er a a e rit n a oc rr c, n cl ' s a, f m h ge r is ' ity ov ages I w'te in c tl "h O r 0 1 b in s n sf m 0 d iat' ns o th st d I m r" I ne I Iili fo 0, or u' e ow er or B 0 2 b le y ' e " ie . cI e O nd se a fo 2 0 ig to o ti (s a er A re to i 3 1 u e or nt " di tin th c er e ' purna a n -c ntr' it y. nc d r e do of o rn a I I m iti E o e nt a pl tt h cI a di " n in re en r m t f T C' u e, ' cl in all ' e ct a po to off ial , al ' s p ye s d of to s, I i b ra , c m' si s d/ a o' ie an h" b r e e p e a v u er . U e l f m G 0 ( g 'ng pe ti s) r it e v nt 6) P cy a in d er f gh o c er o Ot rs n rs e of s all ' cl e n la ' n no a ria h g n rs e p vi " g in (3 d s a e it tic of an II on o re w , r u "on ' i it c o ra a d/ i is an to (,1 d s it n is of n- ay en of e h b e to* it of ub qu in ce a rt n 0 e 1 e u e, w 2 1. O S, O P S I L S A LI t to B e s c e' g a pl a in' re on e' b cid t d' ea a pr cr' ed y d pt 8 o ra to for — at of w v g p e Li ili ci nt 10 ,0 ac E to ee is s $ 0 00 P is i" -D' e e 5 ,0 oli s II ' cl a aiv r o i t t ov fr h e do a nt o r e E' s s all a ea r if a re y e m II ex s s er O I, y ow C e ec ' n .1 , t V d is of q" e o rc s e m n io in ra ce e e or a a o of eta s on ec ' n rk s' o e ati o m oy s' ab' ty ov a fo fil wi t to a or rs' o pe a ' n su n m Is n a e ire b o C e ec ' n LM e f m u e tt e Page 14 of 20 Page 344 of 750 INSURANCE SCHEDULE G (continued) C L 1 IT ve g e ire s o oil io is " it ov a s I d i e s e, on c" g rt , or er itt h a p un e o re r at e Tull o a rd s c to in ed a ria in A g, ut t " it t , pe of m ro uc , t r o 1 o e e os r B. P u" n od ct d et o er o co er e al Is a ov e . a O ur n 2 0 0 P lic A re to 4, 0, 0 oli t inc d ob ite n ra p at" ve g lu a iti a ' s ed or: h Ci o u q i lu 'ng I i el to a a of ed ffi ' Is all ' e pi e a I e it o CIS o fill a /o au or' es n e' o rd a er , e P13>yee a v n er . I f 1 n in p at' s r i a iv n n L. 0 m t o ra' n cl a es on f v nt u ' ie n rs 4 P vi e' e e c er e r e s er o e" n pr ec . nc de n rs a in ca " g at ov a is ri ry n o co rib o P Iic s I i lu iv of 'gh o co ry ro of rs n rs e P O S O A 1 1 y 0 0 ov a r uir d: e f t r ui d lic pr id c i -m a v a 1 T ro cti D e us a o n d us a of e t e t a ee e ns a e s e al ai d d id c f' su nc m t p vi d f a e fi ar aft c p do of a or or rv" es 3 if v ag is n e or n- n e an n re ac vv of r i - de oii f m it tr cti to no o e to t a ee e , t c tr or u pr i I "e en ed r o 'n " co ra f a in' u of ' e ) ar a c p ti of a or or e e I IL / C 1 0 00 o er e qu' ed" y o C e ge or rs n h' P rty re h' bi ' y i lu n ut of ' i d t o d a d r to ti os of' co e d b br ac of ' fo a' n. F U L C S $ ,0 ,0 v g re it es N e e r i A o it i ili a E I er' i ili n ra e q' e nt m b s i3 d th c bi ti o ri a n re o es i ilit n ra e. t U br a s ns ra a li d s t f o h or of e ri ry oli "es s II ' cl e e m d se e a re it o e ri ry ol" es . cl i b no i ' ed iv o u o io an P' tl n- In u ry " f or t C' Page 15 of 20 Page 345 of 750 o de h to 7 , Li ili of o rn e I b ' is' ns r id ci ' s th e n ' m iti is b abl o u a m a it of b u as n di ' n in re on ou in ra a i I ur c c d y su in ou a' er t se ' ni ' s. y w ul ik o es ve o i iti p as s hi en or m t a q al t f rm h pr a ti o 'm n' 'es ' f yo b e'. S Q V N A I E D n It/ o o er a al m it . T i r e re y r s d at th t p ch e t' p is a t in ud' g th Ci of u q, l a s A iti al s ed o n w' e y t d e s ov rn en i ity va' bl o e ity D u e o u er o o o S ti 6 .4 s i o e' is id s i y e e e ro ti t i la' s ov a T e i ur f e a e Cl hi o' y in r ce a co r ly o cl m o u' c t h of ns of ov n nt i u y d th C e to a ct' n 0. as 'I n e ist an as ' a n d f m m o e h e ai n s je to o 0 o S ti 6 .4 b ov re y e r a n" io o i ns a e lic . s rti o G er e I u h it of ub qu , to a lial a so s' e r se n n of s of v nt im u' y, dpKayAo o an ti a s all o u n e el wr e e es f e i ur . o ial f ve a in r sh d y v a u er is oli a t i r s I d y ny th n s d s cc rn o e y D rurl" u e ow u er is oli f re o 0 o rn en i ity u s n n' a of met j s' do h r d' fa r th d n (s f ve m t im u' se d y e y D u e, w. t r a e' P c h ab a re ry io f v nt im u' ie h n of a a e a r t e ov a av ila a de h o y. D A N M E F L L L A K O S Page 16 of 20 Page 346 of 750 EXHIBIT D N C E h fu is n c ifi to Our c o e y D u e, w fo a ov a r ui d" E ib' p' r c nc" g IF n trXxe d th pr 'ec ' t to w i o er a 0 da onac rs re nti g nu c ifi to sh s t e " is h n of c r ' ct it a in Ili ac ce ifi te a e re re o e o c e A fom y e w e art e of I ur c r e iv a ap ov d t Di ct of in c an ge . E ch ert' ca s II i Au e t m t d D crio of Iti s t h h ce ' is a s' su ro' ct o r 'ec c o t or o tr io of II li . s i r ce a re e u for a e it n. s r th iz t o s' es in w n all I ur rs al a a ti o e for . t c e A. st' ng ui e. a c ifi to a e r' h to a in c e rt a of e y D u e. 4. r o ov' a ve g e ire b i ns a e h ul h n b a e a aiv r o h e q" e n y e it f b u F' ur o t' o m' ta' t re it i ur c h b co id e to ` 1 ea o i g e nt on ac rs al a ire II b ns a d - b ns a s t ob in id ai ai du ' g e p or a e w i ur c or a ov a s sc ' e in is s n S e le nd ob in e' is es i ur c fr s c s a a s- c s a n ct s re th th s all li le r e f ur of s co su n n u su o ult t o i n ta' s ve g T e y m r u t o of uc ce ifi e ro th C tr for re uir do e n sh 1 b at ch d t h ce is e. e e c i u e re a n c gr m t c b p ov 7 e ve a ec" c I O r s I" e, re it t c e e' o f t f m u a se , o In qu" al t or y s st" to if pr e y e ire or F' a e d d t d b" t t th co ra or e' yi a li in n iti a de ati s d xc si s f m e 0 r. o ra or h b re it to ar t m' im v g i ' s, gr at if qu' ed y I of r I ga re i E ibi th co ra or' li ' s li di ar i er a e e re i 'm li its e h pr i is "mi s I t' a ee e s r qu' d' i n ct s II r po sib f de uc ' le an s -in re re nt' n f p m t al of y e ' m a of r st ss is d h e- su nc p ci re it b o . 1 c ifi to of ' su nc m t i lu a en n e h e for n it dr S. e it f b u es ry t ri t o it o le rtif' d pi o II q` ad' s an p ici i u g d se a ,r qu' d t is a Li t y' e e it f b ue es e th ri t o fy a re uir a s, ' cl in li ' s, as o c n i ri o th s ci ci u to a ur' g e rm f t a e e, s je to ri n ut I re e tt e h to Page 17 of 20 Page 347 of 750 INSURANCE SCHEDULE J (continued) X pl A C R A G E A I I Y n I gr ga Li it ,0 0 r u - m et O er on A re to i $ , 0 ,00 er n an A e' in nj i 1 0 0 E ch cc re ce ,0 ,0 it a L' it ny n c rr ce 5 , 0 edal ay e 5 0 o ra s all a itt o an cc re ce of ai s ad If h e ra is ' ity ve g h b r en ' cor w' I f m G o u e o e fo 0 0 AI e' ti s m e a ar S c ci g er li alit or C 0 1 r si s w rs r P O al e ea i of 'ed I lu a do a nt ' di ti t c er ge ' p ' a n- nt ' u n d r e ti o o r a I I m iti do e n SaMp a c d). cl a d' ' n i npO re a or ment f T e y D u e, ' cl in all ' s c d d p' to o is , a is y s d 01 t rs II i b rd , c si s d/ r a h ie a in r b ar b s, p ye s d I e e O r C 0 V. 5 P is h in ud ve of g o ec er ro O er en rs of y all 'ff cl a an II on n a ri ch g en rs m t p vi n i (3 d s v ce Nri n ti of a ell io no -re ew , r u i i ur c co r e d/ li s a to (1 d s riff 9we is of on ay e of e u sh b se t Ci of u q in c e rt en , 5 1 e u e, w 2 1. U B A I o bi d in it $,0,0 C er ge in id all w d, on w d, nd it v icl . th C tr or' b in s e o w a ve icl ve g 's r ui d n- n a ed e' e. 2 P cy in d e f g o ec er o 0 er n rs e E ' O S I L E A I to o B of c er' g e pl ee in' a n e' a id t di as a re cri d I a de h to 5 ov a A at or t f_I a C e ge E pl er i ilit a ci nt 0 0 c Io e- is se $ 0, 0 P icy i ' -D' ea 5 ,0 P Ic s li lu iv of i t e v fr e e or m t. ov ra B mi s II at if q ' e y e b II xc ss ' s r. b o C de e on 5. a nt ct is of q ' e o rc s er C ns io I r ce h o ra or al a a op of a at s n c' n W rk s' en ti o o rs' is ' ity o ra f fi w' t I a or r' o p s n s n is ' n re it b o de e o 7. o le d rm u b tt h Page 18 of 20 Page 348 of 750 E B IT 1 0 00 h G er Li ili o ob' L' il' a pi er' Lil' I ur c e ire e y ti 'ed it c m at n pr' ar a U br a E e Li ili I r ce If e b II r E e In r ce oli des of Ilo th fo o h ri a o ' ie , it al ' c de e a n rs e s r uir d th pri ar po' ie in di b n li to o ai r S ro ti a im d o o ib o o f or f e' y. R SI L B IT 2 00 0 f e r qu' d oli pr vi s i - de ov a. 1 T e tr cti e to u b h n d u e of e e to t a ee e } n ra e us e ai ai d d id nc of ' s n st p vi d r e t fi e ar a r c m ti o e or or e e 3 If ov a is an le or o en e a n re ac d h o er ai - d of y f m it a tr ct' e to ri to e lato f t re e, t c tr to p vi ae e po in "(,o er e f r a i' u of ve ) a a r m ti o e or or e Y I I Y/ R C 1 00 y o ve g or irs an d P rt r ch ab' ' y ' cl in u of mi d to d a d r st ti o of' c e nd yb b a of ' fo a ' n. Page 19 of 20 Page 349 of 750 Page 20 of 20 Page 350 of 750 QUOTE/ ENVIRONMENTAL MANAGEMENT SERVICES OF IOWA, INC. CONTRACT 5170 Wolff Rd., Ste. 2, Dubuque, IA 52002-2573 www.emsofiowa.com PHONE: (563) 583-0808 FAX: (563) 583-2206 EMAIL: emsi.asbestosservicesCa,aol.com "Asbestos Inspections/Testing & Asbestos Abatement/Removal Services - Asbestos Licensed in Iowa, Illinois, & Wisconsin WY PROPOSAL TO: PHONE: DATE: City of Dubuque (563) 513-5706 Attn: Nick Connolly nconnoll2cityofdubuclue.org October 27, 2025 STREET: JOB: 50 West 131h Street Asbestos Removal CITY, STATE, ZIP: JOB LOCATION: City of Dubuque Water Treatment Center, Dubuque, IA 52001 1902 Hawthorne St.. Dubuque. IA 52001 We hereby submit specifications and estimates for: Sample collection, preparation, and asbestos analysis at an approved lab ................................. $30.00/sample Removal and disposal of approximately 8 In. ft. of asbestos woolsfelt insulation on roof drain and one asbestos mudded fitting on roof drain. PriceComplete.................................................................................................. $1,175.00 NOTE: The above price includes the required Iowa DNR Asbestos Notification fee. Special insurance requirements may require additional costs to be added to the project price. The prices are not based on Prevailing Wage or Davis Bacon Wage Rates. The quotes/prices do not include the cost of any air clearance samples if required, unless otherwise stated within this quote. ROOF PROJECTS: EMSI's quotes do not include the removal of rubber or other types of non -asbestos roofing or insulation above asbestos roofing layers, removal of layers of rooting located under asbestos roofing,and nd any covering of exposed areas after asbestos removal is completed MASTIC/ADHESIVE REMOVAL PROJECTS: Due to the materials needed to be used to remove asbestos or non -asbestos mastics/adhesives, Environmental Management Services of Iowa, Inc. (EMSI) will not be responsible for issues with adherence of new materials to surfaces after mastics/adhesives are removed. The contractor/installer of new materials will be responsible for preparing surfaces for proper adherence of new materials and will be responsible for adherence issues. EMSI will neutralize solvents to the best of ability, but cannot guarantee will resolve adherence issues. All work will be performed in accordance with OSHA asbestos standard for construction industry, 29 CFR 1926,1101 and USEPA National Emissions Standard for Hazardous Air Pollutants (NESHAPS). Asbestos Regulations, 40 CFR 61 Subpart A & M. All work will be performed by AHERA licensed individuals regularly engaged in asbestos removal. Payment to be made as follows: Down payment of 50% of quoted price prior to start may be required / Net 10 days / 1.5% Past Due Iowa Contractors License No. 3401 Authorized Signature: IL Asbestos Contractor Permit No. 500-0482 WI Contractor Permit No. 13150 Kim Koeller, President NOTE: This proposal may be 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: q EMsI Thank you for the opportunity to provide a quote. If the quote is accepted, please return a signed and dated copy. *Est. 1990 / Serving local communities for over 35 years! Page 351 of 750 Dubuque THE CITY OF DUB E IE�aeb 1I11I' 2007-2012.2013 2017*2019 Masterpiece on the Mississippi City of Dubuque Dept: Health Dept. 50 W. 13th Street Dubuque, IA 52001 Phone # 563-589-4181 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 Dubuque County E911 Board (Vendor) at (Vendor Name) 14928 Public Safety Way, Dubuque, IA 52002 (Vendor Address - City and State) PROJECT TITLE: Health Services - Animal Control 911 Radio Access Fee (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: 911 Radio Access Fees for City of Dubuque Animal Control The work described above shall be completed at the following location(s): N/A 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 352 of 750 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 ❑ 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) 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 353 of 750 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 0 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 $ $374.04 CITY OF DUBUQUE, IOWA By: _ Ajjsz�,- Rich-ael C. Van Milligen City Manager 11 /06/2025 Date VENDOR: Dubuque County E911 Board Company Name By: Thomas I Bergerb 09-16-2025 Signature Date Thomas I. Berger Printed Name Dubuque County 911 Board Chair Title Page 3 of 13 Page 354 of 750 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 355 of 750 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 356 of 750 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 September 8, 2025 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 6 of 13 Page 357 of 750 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 7 of 13 Page 358 of 750 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: —Yes X 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. 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 Page 8 of 13 Page 359 of 750 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 9 of 13 Page 360 of 750 tau► LIQUo ,rf-TG CT'rY ov �&17xr DieuME 11111.1 2007.2012.2013 Masterpiece, on the & ssissir)P1 20 7a2019 City of Dubuque Dept: Health Dept. 50 W. 13th Street Dubuque, IA 52001 Phone # 563-589-4181 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 Dubuque Regional Humane Society (Vendor) at (Vendor Name) 4242 Chavenelle Rd., Dubuque, IA 52002 (Vendor Address - City and State) PROJECT TITLE: City of Dubuque Veterinary Services (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: Veterinary services for the City of Dubuque, as normally available and within the ability and capacity of Vendor. Services beyond the Vendor's resources or expertise are not required under this Agreement. The work described above shall be completed at the following location(s): Dubuque Regional Humane Society 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 361 of 750 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 ❑ 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) 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 Contracto�he Contras or's subcon a r or anyone for whos s fhe C rac r ®r�he 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 362 of 750 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 0 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 $ 1,500* 'In the event that services required exceed this amount, the parties agree to renegotiate in good faith to amend CITY OF DUBUQUE, IOWA VENDOR: the Agreement to cover any additional costs incurred. By: 11/06/2025 Dubuque Regional Humane Society ichael C. Van Milligen Date Company Name City Manager By: , rwIrIn l a ignature ilaig Ko-v\ ass Printed Name Title Page 3 of 13 Page 363 of 750 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. 3. 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 364 of 750 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 365 of 750 EXHIBIT B 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 September 2, 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. 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. Page 6 of 13 Page 366 of 750 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 7 of 13 Page 367 of 750 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 LIABILITYIBREACH $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 X No The General Liability, Automobile Liability and Employer's I -lability 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. — 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 Page 8 of 13 Page 368 of 750 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 9 of 13 Page 369 of 750 Page 370 of 750 MSA Addendum for Changes Customer: City of Dubuque Omnia Account #: COMMUNICATION SERVICES SOLUTION QUANTITY UNIT PRICE/mo. TOTAL Additional Business Listings 68 $10.00/mo. $680.00/mo. Total: $680.00/mo. - Plus applicable Taxes and Fees- All other Terms & Conditions remain in effect. Note: City of Dubuque is reducing the number of Additional Business Listings from 68 to 33. Updated Additional Business Listing(s) pricing below. 1of3 Page 371 of 750 (Updated Service Information): COMMUNICATION SERVICES SOLUTION QUANTITY UNIT PRICE/mo. TOTAL Additional Business Listing 33 $330.00/mo. $330.00/mo. Total: $330.00/mo. INVESTMENT SUMMARY — MONTHLY RECURRING CHARGES (for services listed above) TERM LENGTH: 36 MONTHS MONTHLY RECURRING TOTAL CHARGES: (for services listed above) $330.00 - Plus applicable Taxes and Fees - All other Terms & Conditions remain in effect. EFFECTIVE DATE OF CHANGE: TBD 2of3 Page 372 of 750 jrj0K IN WITNESS WHEREOF, ImOn and Customer have caused this Agreement to be signed by their duly authorized representatives. City of Dubuque Name: Michael C. Van Milligen Name: Title: City Manager Title: Signature: �R,,.� �w,, �� Signature: Date: 10/30/2025 Date: ImOn Communications, LLC Name: Matt Sevde Name: Title: Business Sales Title: Signature: 7e� 5" Signature: Date: 11-13-2025 Date: 3of3 Page 373 of 750 This document authorizes ImOn Communications, LLC (Imon) to request and receive data and billing information (including Customer Proprietary Network Information), a copy of records for the telephone numbers listed including, but not limited to, associated line features from your existing provider, to investigate Customer's credit history to the full extent permitted by applicable law, and to act as our representative for telecommunications. We are selecting ImOn as the preferred provider for the following service(s) for the telephone number(s) listed: Circuit Facility Assignment: Provided By Customer F7X Local Exchange Service (Local service only) F7X IntraLATA Service (Local Access Transport Area) (Local long distance calls) F7X International Service (Calling outside of the United States) F7X InterLATA Service (Local Access Transport Area) (Calling outside your local long distance area) ImOn is authorized to notify our current local and/or long distance service providers of our telecommunications choices for the above location and any indicated on attached Addendum. We understand: 1) this authorization changes the selected service providers; 2) each telephone number may have only one preferred provider for each service, and; 3) our current local service provider may apply a charge for this change. I hereby authorize ImOn to make inquiries concerning my credit worthiness and hereby authorize financial institutions vendors, and others to disclose credit information to ImOn. Telephone Number(s) ��kl"'j City Manager Custome Signat re & Title City of Dubuque Michael C. Van Milligen Print Customer Name 10/30/2025 Date 563-587-3600-3647 563-589-1738-1739 563-556-3057 563-587-3800-3811 563-589-4100-4107 563-556-3969 563-587-3813-3826 563-589-4110-4116 563-556-5328 563-587-3828-3835 563-589-4118-4135 563-582-1648 563-587-3838-3840 563-589-4137-4161 563-582-3681 563-587-3842-3854 563-589-4168-4169 563-583-1710 563-587-3856-3858 563-589-4171-4175 563-583-1832 563-589-0886-0887 563-589-4177-4178 563-583-4789 563-589-1720-1728 563-589-4180-4185 563-588-0714 563-589-1731-1732 563-589-4189-4208 563-589-0880 563-589-1734-1735 563-589-4210-4215 563-589-0892 563-589-4392-4405 563-589-4218-4226 563-589-0897 563-589-4407-4412 563-589-4227-4253 563-589-4297 563-589-4421-4423 563-589-4260-4291 563-589-4341 563-589-4427-4431 563-589-4293-4295 563-589-4354 563-589-4438-4439 563-589-4301-4307 563-589-4374 563-589-4443-4444 563-589-4309-4322 563-589-4425 563-589-4460-4461 563-589-4325-4339 563-589-4449 563-589-4466-4469 563-589-4343-4349 563-589-4454 563-589-4472-4476 563-589-4381-4382 563-589-4486 563-589-7844-7850 563-589-4384-4390 563-589-4497 563-589-7858-7860 563-589-7898-7899 563-589-7862-7866 563-690-6000-6075 563-589-7876-7879 563-690-6086-6256 563-589-7882-7883 563-690-6258-6350 563-589-7886-7887 563-690-6352-6739 L______ 563-589-7889-7891___________ Page 374 of 750