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Signed Contracts
City of Dubuque City Council CONSENT ITEMS # 22. Copyrighted December 15, 2025 ITEM TITLE: Signed Contracts SUMMARY: Biechler Electric, Inc. for Community AED Implementation; Center for Public Safety Excellence for self -assessment of the Dubuque Fire Department; Dubuque Visiting Nurse Association for the Healthy Homes and Childhood Lead Poisoning Prevention Program; Emergency Services Consulting International to conduct personnel assessment programs for promotion to various positions in the Dubuque Fire Department; Everflow, LLC First Amendment for snow removal; Geisler Brothers Co for WRRC HVAC PM Services; Hattery Real Estate Appraisals, LLC for Acquisition review appraisal and potential excess property review appraisal; Houck Transit Advertising for Transit Exterior Advertising; Hoyne Landscaping & Snow Plowing, Inc. for 2025-2026 Snow/Ice Removal from Public Sidewalks; Lamar Companies for Lease Agreement; Lange Sign Group Quotation and Purchase Agreement for Parking Ramp Electronic Sign; Leslein Trucking for Water treatment lime sludge hauling and disposal services; Lotus Engineering & Sustainability, LLC for Green House Gas Inventory; Shive-Hattery for design services for electrical vehicle charging stations for the City of Dubuque JULE site; Strand Associates for Design Services, Bidding -Related Services, and Construction -Related Services Terminal Street Pumping Station Phase 1 Improvements. SUGGUESTED Receive and File DISPOSITION: ATTACHMENTS: 1. 2025 2026 Snow Ice Removal from Public Sidewalks 2. Emergency Services Consulting International 3. Leslein Contract 4. Everflow, LLC 5. Center for Public Safety Excellence 6. Lange Sign Group 7. Shive-Hattery 8. Strand Associates Page 404 of 1019 9. Hattery Real Estate Appraisals, LLC 10. Biechler Electric, Inc. 11. Lotus Engineering & Sustainability, LLC 12. Oak View Group 13. Four Mounds 14. Lamar Companies 15. Geisler Brothers Co 16. Houck Transit Advertising Page 405 of 1019 Dubuque THE CITY OF DuB E IFI�rIgOry IIII1.► 2007.2012.2013 2017.2019 Masterpiece off the Mississippi City of Dubuque Engineering Department 50 W 13th St (address) Dubuque, IA 52001 Phone # 5635894270 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 Hoyne Landscaping & Snow Plowing, Inc. (Vendor Name) 17921 S John Deere Rd Dubuque, IA 52001 (Vendor Address - City and State) PROJECT TITLE: 2025-2026 Snow/Ice Removal from Public Sidewalks (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: removal of snowliice from public sidewalks per the request for bids. The work described above shall be completed at the following location(s): various locations in the City of Dubuque. 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 406 of 1019 and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE — Please include one applicable Insurance Schedule: o Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) o Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box 0 Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors ❑ Insurance Schedule G — Vendors ❑ Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 6. The Vendor shall fully complete the Project under this Contract on or before May 31. 2026 (date) Page 2 of 20 Page 407 of 1019 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 408 of 1019 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 $ 6000.00 CITY OF DUBU�QUE, IOWA VENDOR: By: /ALL M� 11 /26/2025 Hoyne Landscaping & Snowplowing, Inc. Michael C. Van Milligen Date Company Name City Manager BY /l,�I S g ate r& Datlb Jeff Hoyne Printed Name President Title Page 4 of 20 Page 409 of 1019 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 410 of 1019 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 411 of 1019 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 412 of 1019 INSURANCE SCHEDULE F (continued) Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project # Project name: or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate required shall be fumished 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 8 of 20 Page 413 of 1019 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 414 of 1019 C) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. D) UMBRELLA/EXCESS LIABILITY The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. All Class A contractors with contract values in excess of $10,000,000 must have umbrella/excess liability coverage of $10,000,000. All Class A and Class B contractors with contract values between $500,000 and $10,000,000 must have umbrella/excess liability coverage of $3,000,000. All Class A and B contractors with contract values less than $500,000 must have umbrella/excess liability coverage of $1,000,000. All Class C contractors are not required to have umbrella/excess liability coverage. All contractors performing earth work must have a minimum of $3,000,000 umbrella regardless of the contract value. E) POLLUTION LIABILITY Coverage required: —Yes —No Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos, or PCB's. Pollution product and complete operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) or its equivalent and CG 20 37 (completed operations) or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. 7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability -Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the Owner's property. F) RAILROAD PROTECTIVE LIABILITY Coverage required: —Yes —No Page 10 of 20 Page 415 of 1019 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 416 of 1019 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 12 of 20 Page 417 of 1019 CERTIFICATE OF LIABILITY INSURANCE DATl /1f020 (MY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rI hts to the certificate holder In lieu of such endorsement(s). PRODUCER Balance Indepeadant Group, Inc 3686 Crescent Ridge Dubuque 1A 52003 NAME: Aliela Clete PHONE o WI: (563) 5B3-3571 No (563) 584-2383 INC,No. ADDRESS: allcia.effietsQbataDceig.com INSURER(S) AFFORDING COVERAGE NAIL a INSURERA: OWNBRSINS CO 32700 INSURED Rayne LandsWing And Snowplowing 10490 New Ridge Rd DUBUQUII IA SMI-8261 INSURER B; AUTO OWNERS INS CO 18988 INSURER C. INSURER D: MURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NIIMRFR: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN TYPE OF INSURANCE INgD yyyD POLICY NUMBER Y LIMIT$ A x COMMERCIAL O.ENERAL UABILITY CLAIMS -MADE OCCUR 39310344 04/10/2025 04/10/2026 EACH OCCURRENCE $ 2,000,000 PREMISES Eaaocurrenco $ 50,000 MED EXP (Any one Perecn) S 5,000 PERSONAL dADVINAURY $ 2,000,000 WNI. AGGREGATE LIMIT APPLIES PER: POLICY JE �� F�Loc OTHER: GENERAL AGGREGATE $ 3,000,000 PRODUOTB-COMPIOP AGO S 3,000,00D $ B AUTOMOBILE UABILRY ANY AUTO AUTOS ONLY OWNED r--1 SOS LF� HIRED NON -OWNED AIT08 ONLY AUTOS ONLY 5331034401 04/10i1025 04/10/2026 acddIMrxiLIMFIF S 1,000,000 x 1 BODILY M ARY (Par Person) $ BODILY IMURY(Per accident) $ er accident) $ B X UNBREUAUAB ExcEssLMe �( OCCUR ghINIB-MADE 5331034400 04AW2025 000/2026 EACH OCCURRENCE S 2,000,000 AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 TBIA : BR WORK FAS COMPENSATION D EMPLOYERSL1ABILnY YIN FICENMRCL DEAD? OUn�❑Y as'andca lot andNH) 6 IPION OFOFFAATIONS below NIA A106586066 04/10/2025 04/10/2026 STATUTE ER E.L.EACHACCIDENr S 1.000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 A PROPC 19310344 04/10=5 04/10/2026 Special Beale Group 1 Blade Group U 499,900 499,900 499,900 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 1D1, Additlorml Remadm Schedule, may be attached R more Opaco Is required) City of Dubuque Engineering Dept, 2020-2026 Snowlfee Removal fmm Public 9kkwelits Various Locations in the City of Dubuque SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED RE ALWA UkAwi ®1088-201 S ACORD 25 (2D16/03) The ACORD name and logo are registered marks of ACORD All rlahts reserved. Page 418 of 1019 ATTACHMENT C - BID SUBMITTAL FORMS BID SuRMFTTAL FORMS For 2025-2026 Snow/ice Removal from Public Sidewalks FORM NAME Page General Company Information Form .......................................... 27 Bid Pricing Submittal Form .......... ..................... :.................. ...... 29 Signature Page Form...........:.....`.........................................:......... 30 Page 24 of 28 Page 419 of 1019 Company Name Hoyne Landscaping & SnowPlowing Inc. Company Address 17921 S. John Deere Rd. General Description of the Company: Landscaping and Snow Removal Type of Organization (franchise, corporation, partnership, etc.)Corporation Number of years in business: 22 Reference$ - _ List three (3) customers who are current or have been served by your company within the last three (3) years with projects of similar scopes. (Name of firm, address, contact person, phone number) Reference #1 - Name: '11i- eo s G OF D'4a u P k e- Address: _ s-590 L.4(,-f etot& Dr-. Contact Person & Phone: _ GA-ro 1 �-L 3--::_S r - 63 Date & Description of Job: 51"Lc a.ors Comet c+c Ptopct4 rn*,,%iPNcc. Contract Value: J� 30, 006 Reference #2 - Name: kw t%,:f c.4o-j�,5 of f-'-ma3(nQ�e Address: A11 16Ca4iOAS iN D�kott Contact Person & Phone: -?,res+6 Ln Date & Description of Job: S t rtc,_ ao a I Pr-opc41-c m4-44Nce 44 At 1 toc4-4-w.. s Contract Value: .a 1(?(), 0 O a Reference #3 - Name: (--)i cS Atju 4 c,4Ur %rN Address: -10 J P- Contact Person & Phone: C,rai S`t 0 - 6465 Date & Description of Job: # 5 D o o o Contract Value: �— _ personriel Name and title of person overseeing the City account:_ Office Phone: 563-582-2665 Mobile: 563-590-9646 Email: hoynepower@outlook.com Page 25 of 28 Jeff Hoyne Page 420 of 1019 Page 26 of 28 Page 421 of 1019 BID;PRICING SUBMITTAL FdR�11 , The Contractor shall, .at its sole cost and expense, provide, perform and complete in the manner described and specified in this Request for. Bid all necessary work, labor, services, transportation, equipment, materials, apparatus, information, data, freight and, other items necessary to accomplish the Project as defined below, in accordance with the Scope of Work as described in Section 4.0. The Work will also include procuring and furnishing all approvals and authorizations, permits, and certificates and policies of insurance as specified herein necessary to complete the Project. *Please complete this Bid Sheet In its entirety and bid all products as this are an all-inclusive bid* Description _ Price , Snow/lee Removal $ 5 • o- Per Hour De-Icer $ 6 , S a Per 50-lb. Bag Name of Company: Hoyne Landscaping & SnowPlowing Inc. Aui'horized Signature: U V Date: Page 27 of 28 Page 422 of 1019 SIGNATURE PAGE FORM The undersigned, having examined these documents and having full knowledge of the condition" under 'which the Work described herein must be performed; hereby proposes fulfillment of the obligations contained herein in accordabee'with all insurance documents, instructions; terms, conditions, and specifications set 'forth; and that all required Work be furnished and that all incidental costs be paid in strict conformity with these documents, for the stated prices as payment in full: Submitting L14ua5Ca;pt-�?j. 4, Srw� Address: 17921 S. John Deere Rd. City: Dubu uq^e_____ County: ,Dubuque Mate IA Zip 52001 Authorized Representative Jeff Hoyne Title: President Authorized Signature: .: Date: I] (to I X5 E-mail: HoynepowerQoutlook.com Phone ( 563 ? 582-2665 Fax # FIRM PRICING:,. Offered pricing shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted pricing shall remain firm for the duration of the contract. ADDENDA (it is the bidder's responsibility to check for issuance of an_y add9.ndaj>;, . The above -signed hereby acknowledges receipt of the following addenda: Addenda Date: Addenda Date: Number: Number: Addenda Date: Addenda Date: Number: Number: Page 28 of 28 Page 423 of 1019 Emergency Services Consulting International Providing Expertise and Guidance that Enhances Community Safety CONTRACTUAL AGREEMENT ARTICLE I. PARTIES TO THE CONTRACT This contractual agreement to conduct personnel assessment programs for promotion to various positions in the Dubuque Fire Department, including job analysis; test development, validation, administration and scoring; and other related promotional process services is entered into effective November 25, 2025, by the City of Dubuque, Iowa, and Emergency Services Consulting International, Inc. (henceforth ESCI). ARTICLE II. PERIOD COVERED BY THE CONTRACT The term of this contract shall be the period beginning on November 25, 2025, and ending after the project is complete, tentatively by December 15, 2025. ARTICLE III. SCOPE OF CONTRACT The scope of work to be performed includes the services listed in ESCI's quote dated August 28, 2024 (Attachment A), such as 1) conducting a job analysis review for the target positions; 2) developing, validating, and administering written exams as applicable; 3) conducting candidate test preparation/orientation programs; 4) scoring the exams; and 5) analyzing scores and reporting the results. Additional related professional and logistical tasks will also be performed by ESCI. ARTICLE IV. CONTRACT PRINCIPALS The contract monitor for the City of Dubuque shall be Martin FitzPatrick, Bureau Chief of Training - Dubuque Fire Department (Mfitzpat&cityofdubuque.org). The project director for ESCI shall be Ms. Jennifer Flaig, Human Capital Division Director (jennifenflaiggesci.us). ARTICLE V. COMPENSATION The cost for this promotional assessment program will be in accordance with that published in ESCI's quote dated November 25, 2025 (Attachment B). This pricing does not include the recruiting or accommodating of assessors needed to score the exams, which will be the responsibility of the City of Dubuque. Terms of payment is Net 30. ARTICLE VI. SIGNATURES A. ax _/ Contractor Signature Date Managing Director 23-2826074 Title Federal ID B.AIck 11 /26/2025 JI Mi hael C. Van Milligen, City Nfanagir Date City of Dubuque Page 424 of 1019 Dubuque THE CITY OF L kw=cfi DUB E 1I11I.' 1007-2012.2013 Mastcrpiece on the Mississippi 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 (Vendor) at Leslein Trucking (Vendor Name) 1833 N. Main Dubuque, Iowa 52001 (Vendor Address - City and State) PROJECT TITLE: Water treatment lime sludge hauling and disposal 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: Loadinq, haulinq, unloadinq, and disposal of Water Treatment lime sludqe. The work described above shall be completed at the following location(s). Eagle Point Water Treatment Plant, 1902 Hawthorne St. 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 425 of 1019 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 $ FY26$363,000 FY27$380,700 FY28$400,000 CITY OF DUBUQUE, IOWA By: Ichael C. Van illigen City Manager 11 /26/2025 Date VENDOR: Leslein Tucking Company Name By. nature Printed Name O11DIA-ee Title Date Page 4 of 20 Page 426 of 1019 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.S. 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 427 of 1019 EXHIBIT C INSURANCE SCHEDULE G 1. Vendor shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Vendor Service Agreement dated 10-1-2025 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 13 of 20 Page 428 of 1019 INSURANCE SCHEDULE G (continued) C) D) E) F) 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. PROFESSIONAL LIABILITY $1,000,000 Coverage required: Yes x 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: x Yes _ No The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. Page 15 of 20 Page 429 of 1019 dotloop signature verification: dtlp.us/JNTI-4NoS-AN1x FIRST AMENDMENT TO CONTRACT BETWEEN THE CITY OF DUBUQUE AND EVERFLOW, LLC This First Amendment to Contract, dated for reference purposes the _25 th day of _November , 2025, is made and entered into by the City of Dubuque, Iowa (City), and Everflow, LLC (Contractor). WHEREAS, City and Contractor entered into a Contract dated November 15, 2024 (the Contract); and WHEREAS, City and Contractor desire to amend the Contract as set forth herein. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL TERMS AND COVENANTS CONTAINED HEREIN, CITY AND CONTRACTOR AGREE AS FOLLOWS: Section 1. The parties agree to renew the contract for one (1) calendar year, as described in Item 10 of the initial contract. Section 2. The list of locations for the 2025-2026 season and the agreed upon pricing for these locations is attached to this amendment. Section 3. Except as modified herein, the Contract shall remain in full force and effect. CITY OF DUBUQUE, IOWA By Michael C. Van Milligen, City anager EVERFLOW, LLC dotloop verified 11 /26/25 9:09 AM CST By: 0BWD-KILZ-DJAI-QN5F Andrew Blosch-Bradshaw, Owner Page 430 of 1019 dotloop signature verification: dtlp.us/JNTI-4NoS-AN1x 2025 SNOW REMOVAL PRICING EVERFLOW,LLC ADDRESS REMOVAL SALT 1908 SCHILLER $ 35.00 $ 30.00 1001 GARFIELD $ 33.00 $ 30.00 574 LORAS $ 33.00 $ 25.00 1025 BLUFF $ 38.00 $ 25.00 821 GARFIELD $ 38.00 $ 25.00 1448 JACKSON $ 33.00 $ 25.00 1438 JACKSON $ 33.00 $ 25.00 2527 WAS HINGTON $ 33.00 $ 30.00 357 E 16TH ST $ 33.00 $ 25.00 686/688 UNIVERSITY $ 68.00 $ 40.00 945 BLUFF $ 33.00 $ 28.00 514ANGELLA $ 70.00 $ 43.00 2900 PINARD $ 33.00 $ 28.00 2283 WHITE $ 35.00 $ 28.00 1509-1511 BLUFF $ 44.00 $ 28.00 1266 JACKSON (TENT. - MAY BE REMOVED) $ 30.00 $ 25.00 1276 JACKSON (TENT. - MAY BE ADDED) $ 30.00 $ 25.00 2095 UNIVERSITY $ 35.00 $ 25.00 2820 BRUNSWICK $ 35.00 $ 25.00 2239 FRANCIS $ 35.00 $ 25.00 TOTAL $ 757.00 $ 560.00 REMOVAL & SALT TOTAL $ 1,317.00 HOURLY RATE FOR ADDITIONAL SVCS $ 85.00 FRONT WALKWAY ONLY Page 431 of 1019 Centel' for 1900 Reston Metro Plaza Suite 600 p Public Safety Reston, VA 20190 Excellence- www.cpse.org LETTER OF UNDERSTANDING APPLICANT & CURRENTLY ACCREDITED AGENCY FEES & PEER ASSESSMENT PROCESSES The Dubuque Fire Department hereby referred to as the "agency" agrees to conduct a transparent and factual self -assessment of their organization and complete the process in the pursuit of Accreditation from the Commission on Fire Accreditation Internationals (CFAI®) and the Center for Public Safety Excellence® (CPSE®), Inc. The Agency agrees to abide by the policies and procedures of CPSE, Inc., and CFAI and provide all documentation and information pertinent to the self -assessment process. New Applicant Agency: Agencies who desire to become applicants for CFAI accreditation for the first time will be required to complete this form and submit the associated fee as approved by the CPSE Board of Directors. Once the invoice process has been completed the agency will be designated as an Applicant agency for a period not to exceed eighteen months. Returning Accredited Agencies: Agencies that desire to continue with their Accredited status will be required to complete this form and will be required to submit their four previous years' Annual Compliance Reports (ACR) and have satisfied their annual accreditation fee requirements. Artificial Intelligence CFAI requires that documents submitted for accreditation constitute original work. Artificial intelligence (AI) tools may assist in the editing, formatting, and refinement of documents for the accreditation process. The department affirms that all content has been validated by authorized agency representatives and is accurately supported by department policies, procedures, and data. Egregious, generative use of Al leading to documents that violate any CFAI policy or procedures or are not truthful in required accreditation work shall be subject to corrective actions by CFAI up to and including immediate denial. Peer Assessment Process: 603ACCFRM05112020Rev112520255 Page 432 of 1019 Letter of Understanding - NEW APPLICANT & CURRENTLY ACCREDITED FEES & PEER ASSESSMENT PROCESSES Page 2 of 4 Knowing that the process that leads to a recommendation of Accreditation includes an on -site validation and verification of the agency's operations, a team of qualified peer assessors will be required to visit the agency's location. In addition, the peer team leader will be required to present the findings of the peer assessment to CFAI Commission to complete the agency peer assessment process. I. Payment of Accreditation Fees and Expenses: The Agency agrees to comply with the following processes related to payment of fees and cost of the peer assessment process: Initial (first time) Applicant Agencies: Agencies seeking Applicant agency status for the first time will be invoiced their agency fee once CFAI receives official notice and completion of the agency's executed Letter of Understanding. The Agency understands that the change to Applicant Agency status will only be made upon receipt of the full payment of the fee. • Continued (renewal) of Accredited status: Agencies desiring to continue their accredited status will have been invoiced annually for 1/5t" of their accreditation fee since becoming accredited. Both the agency's accreditation fees, and the successful submission of the agency Annual Compliance Report (ACR) are required for continued accredited status. • All fees, or portions of any fee paid, are non-refundable. • Peer Assessment Team Site Visit and Team Leader Presentation Expenses: Agencies are responsible for all costs associated with the peer assessment team site visit. These costs will include, but are not limited to, airfare, baggage, parking, ground transportation, housing, meals, and incidental expenses. The agency will also be responsible for the costs associated with the presentation of the peer team report to the Commission. These expenses will not exceed travel and two nights at the assigned hotel, two days of per diem, and any associated travel and ground transportation expenses. If the peer team leader is presenting more than one agency at the hearings, these expenses will be divided equally among the represented agencies. 603ACCFRM05112020Rev03242025 Page 433 of 1019 Letter of Understanding - NEW APPLICANT & CURRENTLY ACCREDITED FEES & PEER ASSESSMENT PROCESSES Page 3 of 4 CPSE will manage all travel arrangements for the site visit through the CPSE contracted travel company. The agency also agrees to be billed for the peer team visit and later, the appearance of the team leader before the commission. The invoice(s) will be sent to the agency within 14 days of the completion of the site visit and seven days from the presentation by the Team Leader at the Commission hearing. Payment is expected upon receipt. All CPSE payment policies will apply to these invoices. The current Government Services Association (GSA) for meals and incidental expenses, https://www.gsa.gov/travel/plan-book/per-diem-rates will be used to determine the associated anticipated rates for travel, hotel and lodging. The agency is expected to select the most appropriate lodging location and advise CFAI staff so that appropriate reservations can be made. The agency is expected to have exercised their purchasing processes so as not to cause any delays in payment of the one -invoice. Purchase Orders are not recommended for use as payment. Any delays caused by the issuance of a Purchase Order in-leu-of payment under this Letter of Understanding will be considered in calculating any late penalties. Local services contracts, and other forms of payment, are not applicable to this agreement. Peer Assessor / Accreditation Manager Training Requirements: The Agency must formally identify an individual as the Agency's accreditation manager. The accreditation manager shall, at a minimum, have successfully completed the Quality Improvement for Fire and Emergency Services (QIFES) workshop, followed by the Peer Assessment Workshop, before becoming an Applicant agency. • Agreement: The signatory to this Letter of Agreement attests that they have read, understood, and will comply with all policies and procedures as mentioned herein. Fire Chief, CEO, or Chief Administrative Officer of Agency �_� �21 Chief Financial Officer or Purchasing Officer (Agent) Cit /County Administrator or Representative of Authority Having Jurisdiction Date 12/3/2025 Date 12/04/2025 Date 603ACCFRM05112020Rev03242025 Page 434 of 1019 Letter of Understanding - NEW APPLICANT & CURRENTLY ACCREDITED FEES & PEER ASSESSMENT PROCESSES Page 4 of 4 CFAI Program Manager, Center for Public Safety Excellence Date 603ACCFRM05112020Rev03242025 Page 435 of 1019 :L�LA:NGE SIGN GROUP 1780 Hwy 35N East Dubuque, IL 61025 phone - 815.747.2448 fax - 815-747-3049 toll free - 888.582.6979 Quotation and Purchase Agreement Salesperson: Rick Droeske Job # Customer City of Dubuque 50 West 13' Street Dubuque, IA Contact: Randy Gehl Phone: 563-589-4325 Fax: Sketch: codmsg5 Date Written 12/5/2025 Deadline Job Location 10' and Iowa parking lot Dubuque IA Contact Phone: Fax: DESCRIPTION Remove the double faced message center and scrap. Furnish and install a new double faced message center per sketch 8mm Slim Back Ventilation LED WatchFire Message Center The smaller vents will be cut out of the sides of the sign and larger vents added Size: 36 1/4" high x 6'9" wide x 8" deep Viewing Size: 3' x 6' Model: Watchfire Software: Watchfire "Ignite OPx" Computer: NOT INCLUDED Matrix: 108 x 216 Color: LED RGB Color Capability: 1.2 Quintillion Viewing Angles: 150 Horiz/95 Vert Video: Plays prerecorded clips 30FPS Imports Windows Video (AVI) Animated Text & Graphics Brightness: Daytime 7,500 NITs maximum Nighttime 700 NITs Maximum Temp Sensor: Included Communication: 4G Wireless with life of sign data plan Tri-State Area - Quad Cities Area 50% Deposit Due Upon Signing Proposal Balance Upon Completion Tax and Permits are Additional Customer Signature: Date: Quote Reference: codmsg5 new 8mm Page 1 of 2 Page 436 of 1019 :LAN G E SIGN GROUP 1780 Hwy 35N East Dubuque, IL 61025 phone - 815.747.2448 fax - 815-747-3049 toll free - 888.582.6979 Graphics: Built in graphics, plus ability to create graphics. Electrical Requirement: 120 volt, 26.0 amp, single phase Electrical Consumption: Based on 18 hrs of operation per day, plus or minus 10% depending on how the sign is programmed 16.2 KWHrs per day X $.12 per KWHr = $1.94 per day. Actual KWHr rate may differ. Watchfire will provide up to 4 hours of sign programming/operation instruction. Purchase price: $32,786.00 Permit cost not included. Parts Warranty: Watchfire Signs by Time-O-Matic includes a Five (5) year parts warranty on all electronic parts. See website for details or a complete digital copy is included in bid paperwork. Excludes acts of Nature or vandalism. Labor Warranty: Lange Sign Group includes Five (5) years of onsite Labor to repair Watchfire Message center. This includes bucket truck and travel time. There are no additional costs or fees to customer, aside from electricity costs. Labor warranty also includes support by Lange Sign Group at no charge during the five-year warranty period. Tri-State Area Quad Cities Area 50% Deposit Due Upon Signing Proposal Balance Upon Completion ax a d Perini�s are itional Customer Signature: �/ Date: 12/05/2025 Q 4ote Reference: codmsg new 8mm Page 2 of 2 Page 437 of 1019 SHIVEHATTERY A R C H I T E C T U R E+ E N G I N E E R I N G PROFESSIONAL SERVICES AGREEMENT ATTN: Ryan Knuckey CLIENT: City of Dubuque 50 W 13th Street Dubuque, IA 52001 PROJECT: Electric Vehicle Chargers Infrastructure Design PROJECT LOCATION: Dubuque, IA DATE OF AGREEMENT: November 18, 2025 PROJECT DESCRIPTION Provide design services for electrical vehicle (EV) charging stations for the City of Dubuque JULE site, per the Client requirements. SCOPE OF SERVICES We will provide the following services for the project: Electrical Engineering These services will consist of the following tasks: Provide design, prepare construction plans and specifications, assist through bidding phase, and provide construction administration and inspection services for the electrification of the JULE site. Infrastructure for one (1) level 3 charger will be designed. Site layout, one -line, schedules, and specifications will be provided. New electrical service will be required for the site. 1. Construction Documentation a. Provide Contract documents for open bidding process with bid document review assistance. i. Complete the Project Manual and Specifications. ii. Full Team review of 100% documents. iii. Site visit to review existing conditions. 2. Bidding/Negotiation a. Attend pre -bid walkthrough with contractors. b. Issue addenda, respond to bidder's RFIs, review bids and alternates, and assist the City in reviewing bid proposals, and recommendation on the selection of a contractor for the award of contract, as needed. 3. Construction Administration a. Prepare all Engineer's Supplemental Information, Construction Change Directives and Change Orders. b. Respond to contractor generated RFIs (requests for information). c. Review contractor submittals including shop drawings, product data and samples and administer these documents by maintaining logs for each. d. Provide electronic documents to GC (General Contractor) for their preparation of Record Documents. e. Substantial completion punch list site visit. Project 717106p/10/0052250020270 Shive-Hattery 1 440 North Wells Street I Suite 320 1 Chicago, IL 60654 1312.324.5500 1 shive-hattery.com Page 438 of 1019 Page 2 of 8 CLIENT RESPONSIBILITIES It will be your responsibility to provide the following: 1. Identify a Project Representative with full authority to act on behalf of the Client with respect to this project. The Client Project Representative shall render decisions in a timely manner in order to avoid delays of Shive-Hattery's services. 2. Legal, accounting, and insurance counseling services or other consultants, including geotechnical, or vendors that may be necessary. The Client shall coordinate these services with those services provided by Shive-Hattery. 3. Provide to Shive-Hattery any available drawings, survey plats, testing data and reports related to the project, either hard copy or electronic media. Electronic media is preferred. 4. Unless specifically included in the Scope of Services to be provided by Shive-Hattery, the Client shall furnish tests, inspections, permits and reports required by law, regulation or code including but not limited to hazardous materials, structural, mechanical, chemical, air pollution and water pollution tests. 5. Provide Shive-Hattery personnel unlimited access to the site as required. SCHEDULE We will begin our services based on your email authorizing us to proceed provided the Agreement is attached. • The services shall be performed in accordance with the following schedule: Design - 4 Weeks. • Bidding - 3 Weeks. • Construction - TBD based on lead times. COMPENSATION ESTIMATED TOTAL $9,850 See below $9,850 Fee Types: • Fixed Fee - We will provide the Scope of Services for the fee amounts listed above. Expenses: • Estimated amount - The estimated expense amounts above will be reimbursed in accordance with our Reimbursable Expense Fee Schedule in effect at the time that the expense is incurred. We will not exceed the amounts without your prior authorization. The terms of this proposal are valid for 30 days from the date of this proposal. ADDITIONAL SERVICES Unless specifically stated in the Scope of Services, any resilient design related services including areas of resistance, reliability and redundancy (i.e. flood protection, storm/tornado shelter, emergency generators, utility backup, etc.) are not included in this proposal. Project # 2250020270 S H I V E I- I Aii E RY Page 439 of 1019 Page 3 of 8 OTHER TERMS STANDARD TERMS AND CONDITIONS Copyright © Shive-Hattery October 2024 PARTIES "S-H" or "Shive-Hattery" shall mean Shive-Hattery, Inc., Shive-Hattery A/E Services, P.C., Helix Design Group, a Division of Shive-Hattery, Inc., Shive-Hattery New Jersey, Inc., WSM, a Division of Shive-Hattery, Inc., or KdG, a Division of Shive-Hattery, Inc. and "CLIENT" shall mean the person or entity executing this Agreement with "S-H." LIMITATION OF LIABILITY AND WAIVER OF CERTAIN DAMAGES The CLIENT agrees, to the fullest extent of the law, to limit the liability of S-H, its officers, directors, shareholders, employees, agents, subconsultants, affiliated companies, and any of them, to the CLIENT and any person or entity claiming by or through the CLIENT, for any and all claims, damages, liabilities, losses, costs, and expenses including reasonable attorneys' fees, experts' fees, or any other legal costs , in any way related to the Project or Agreement from any cause(s) to an amount that shall not exceed the compensation received by S-H under the agreement or fifty thousand dollars ($50,000), whichever is greater. The parties intend that this limitation of liability apply to any and all liability or cause of action, claim, theory of recovery, or remedy however alleged or arising, including but not limited to negligence, errors or omissions, strict liability, breach of contract or warranty, express, implied or equitable indemnity and all other claims, which except for the limitation of liability above, the CLIENT waives. CLIENT hereby releases S-H, its officers, directors, shareholders, employees, agents, subconsultants, affiliated companies, and any of them, and none shall be liable to the CLIENT for consequential, special, exemplary, punitive, indirect or incidental losses or damages, including but not limited to loss of use, loss of product, cost of capital, loss of goodwill, lost revenues or loss of profit, interruption of business, down time costs, loss of data, cost of cover, or governmental penalties or fines. INDEMNIFICATION Subject to the limitation of liability in this Agreement, S-H agrees to the fullest extent permitted by law, to indemnify and hold harmless the CLIENT, its officers, directors, shareholders, and employees against all claims, damages, liabilities, losses or costs, including reasonable attorneys' fees, experts' fees, or other legal costs to the extent caused by S-H's negligent performance of service under this Agreement and that of its officers, directors, shareholders, and employees. The CLIENT agrees to the fullest extent permitted by law, to indemnify and hold harmless S-H, its officers, directors, shareholders, employees, subconsultants, and affiliated companies against all damages, liabilities, losses, costs, and expenses including, reasonable attorneys' fees, expert's fees, and any other legal costs to the extent caused by the acts or omissions of the CLIENT, its employees, agents, contractors, subcontractors, consultants or anyone for whom the CLIENT is legally liable. HAZARDOUS MATERIALS - INDEMNIFICATION To the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold S-H, its officers, directors, shareholders, employees, agents, consultants and affiliated companies, and any of them harmless from and against any and all claims, liabilities, losses, costs, or expenses including reasonable attorney's fees, experts' fees and any other legal costs (including without limitation damages to property, injuries or death to persons, fines, or penalties), arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acids, alkalies, toxic chemicals, liquids, gases, polychlorinated biphenyl, petroleum contaminants spores, biological toxins, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. STANDARD OF CARE Services provided by S-H under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances on projects of similar size, complexity, and geographic location as that of the Project. Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed by either party to the other party. BETTERMENT The CLIENT recognizes and expects that certain change orders may be required to be issued as the result in whole or part of imprecision, incompleteness, omissions, ambiguities, or inconsistencies in S-H's drawings, specifications, and other design, bidding or construction documentation furnished by S-H or in other professional services performed or furnished by S-H under this Agreement (herein after in this Betterment section referred to as S-H Documentation). If a required item or component of the Project is omitted from S-H's Documentation, the CLIENT is responsible for paying all costs required to add such item or component to the extent that such item or component would have been required and included in the original S-H Documentation. In no event will S-H be responsible for costs or expense that provides betterment or upgrades or enhances the value of the Project. RIGHT OF ENTRY The CLIENT shall provide for entry for the employees, agents and subcontractors of S-H and for all necessary equipment. While S- Project # 2250020270 S H I V E I- I ATT E RY Page 440 of 1019 Page 4 of 8 H shall take reasonable precautions to minimize any damage to property, it is understood by the CLIENT that in the normal course of the project some damages may occur, the cost of correction of which is not a part of this Agreement. PAYMENT Unless otherwise provided herein, invoices will be prepared in accordance with S-H's standard invoicing practices then in effect and will be submitted to CLIENT each month and at the completion of the work on the project. Invoices are due and payable upon receipt by the CLIENT. If the CLIENT does not make payment within thirty (30) days after the date the invoice was mailed to the CLIENT, then the amount(s) due S-H shall bear interest due from the date of mailing at the lesser interest rate of 1.5% per month compounded or the maximum interest rate allowed by law. In the event that S-H files or takes any action, or incurs any costs, for the collection of amounts due it from the client, S-H shall be entitled to recover its entire cost for attorney fees and other collection expenses related to the collection of amounts due it under this Agreement. Any failure to comply with this term shall be grounds for a default termination. TERMINATION Either party may terminate this Agreement for convenience or for default by providing written notice to the other party. If the termination is for default, the non -terminating party may cure the default before the effective date of the termination and the termination for default will not be effective. The termination for convenience and for default, if the default is not cured, shall be effective seven (7) days after receipt of written notice by the non -terminating party. In the event that this Agreement is terminated for the convenience of either party or terminated by S-H for the default of the CLIENT, then S-H shall be paid for services performed to the termination effective date, including reimbursable expenses due, and termination expenses attributable to the termination. In the event the CLIENT terminates the Agreement for the default of S-H and S-H does not cure the default, then S-H shall be paid for services performed to the termination notice date, including reimbursable expenses due, but shall not be paid for services performed after the termination notice date and shall not be paid termination expenses. Termination expenses shall include expenses reasonably incurred by S-H in connection with the termination of the Agreement or services, including, but not limited to, closing out Project records, termination of subconsultants and other persons or entities whose services were retained for the Project, and all other expenses directly resulting from the termination. INFORMATION PROVIDED BY OTHERS S-H shall indicate to the CLIENT the information needed for rendering of services hereunder. The CLIENT shall provide to S-H such information, including electronic media, as is available to the CLIENT and the CLIENT's consultants and contractors, and S-H shall be entitled to rely upon the accuracy and completeness thereof. The CLIENT recognizes that it is difficult for S-H to assure the accuracy, completeness and sufficiency of such client -furnished information, either because it is provided by others or because of errors or omissions which may have occurred in assembling the information the CLIENT is providing. Accordingly, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless S-H, its officers, directors, shareholders, employees, agents, subconsultants and affiliated companies, and any of them, from and against any and all claims, liabilities, losses, costs , expenses (including reasonable attorneys' fees, experts' fees, and any other legal costs) for injury or loss arising or allegedly arising from errors, omissions or inaccuracies in documents or other information provided by the CLIENT. UNDERGROUND UTILITIES Information for location of underground utilities may come from the CLIENT, third parties, and/or research performed by S-H or its subcontractors. S-H will use the standard of care defined in this Agreement in providing this service. The information that S-H must rely on from various utilities and other records may be inaccurate or incomplete. Therefore, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless S-H, its officers, directors, shareholders, employees agents, subconsultants, affiliated companies, and any of them for all claims, losses, costs and damages arising out of the location of underground utilities provided or any information related to underground utilities by S-H under this Agreement. CONTRACTOR MATTERS CLIENT agrees that S-H shall not be responsible for the acts or omissions of the CLIENT's contractor, or subcontractors, their employees, agents, consultants, suppliers or arising from contractor's or subcontractors' work, their employees, agents, consultants, suppliers or other entities that are responsible for performing work that is not in conformance with the construction Contract Documents, if any, prepared by S-H under this Agreement. S-H shall not have responsibility for means, methods, techniques, sequences, and progress of construction of the contractor, subcontractors, agents, employees, agents, consultants, or other entities. In addition, CLIENT agrees that S-H is not responsible for safety at the project site and that safety during construction is for the CLIENT to address in the contract between the CLIENT and contractor. SHOP DRAWING REVIEW If, as part of this Agreement S-H reviews and approves Contractor submittals, such as shop drawings, product data, samples and other data, as required by S-H, these reviews and approvals shall be only for the limited purpose of checking for conformance with the design concept and the information expressed in the contract documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the Contractor. S-H's review shall be conducted with reasonable promptness while allowing sufficient time in S-H's judgment to permit adequate review. Review of a specific item shall not indicate that S-H has reviewed the entire assembly of which the item is a component. S-H shall not be responsible for any deviations from the contract documents not brought to the attention of S-H in writing by the Contractor. S-H shall not be required to review partial submissions or those for which submissions of correlated items have not been received. OPINIONS OF PROBABLE COST If, as part of this Agreement S-H is providing opinions of probable construction cost, the CLIENT understands that S-H has no Project # 2250020270 S H I VC- H ATT E RY Page 441 of 1019 Page 5 of 8 control over costs or the price of labor, equipment or materials, or over the Contractor's method of pricing, and that S-H's opinions of probable construction costs are to be made on the basis of S-H's qualifications and experience. S-H makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. CONSTRUCTION OBSERVATION If, as part of this Agreement S-H is providing construction observation services, S-H shall visit the project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' work and to determine if the work is proceeding in general accordance with the Contract Documents. Unless otherwise specified in the Agreement, the CLIENT has not retained S-H to make detailed inspections or to provide exhaustive or continuous project review and observation services. S-H does not guarantee the performance of, and shall have no responsibility for, the acts or omissions of any contractor, its subcontractors, employees, agents, consultants, suppliers or any other entities furnishing materials or performing any work on the project. S-H shall advise the CLIENT if S-H observes that the contractor is not performing in general conformance of Contract Documents. CLIENT shall determine if work of contractor should be stopped to resolve any problems. OTHER SERVICES The CLIENT may direct S-H to provide other services including, but not limited to, any additional services identified in S-H's proposal. If S-H agrees to provide these services, then the schedule shall be reasonably adjusted to allow S-H to provide these services. Compensation for such services shall be at S-H's Standard Hourly Fee Schedule in effect at the time the work is performed unless there is a written Amendment to Agreement that contains an alternative compensation provision. OWNERSHIP & REUSE OF INSTRUMENTS OF SERVICE All reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by S-H as instruments of service shall remain the property of S-H. The CLIENT shall not reuse or make any modifications to the plans and specifications without the prior written authorization of S-H. The CLIENT agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless S-H its officers, directors, shareholders, employees, agents, subconsultants and affiliated companies, and any of them from any and all claims, losses, costs or damages of any nature whatsoever arising out of, resulting from or in any way related to any unauthorized reuse or modifications of the construction documents by the CLIENT or any person or entity that acquires or obtains the plans and specifications from or through the CLIENT without the written authorization of S-H. DISPUTE RESOLUTION If a dispute arises between S-H and CLIENT, the executives of the parties having authority to resolve the dispute shall meet within thirty (30) days of the notification of the dispute to resolve the dispute. If the dispute is not resolved within such thirty (30) day time period, CLIENT and S-H agree to submit to non -binding mediation prior to commencement of any litigation and that non -binding mediation is a precondition to any litigation. Any costs incurred directly for a mediator, shall be shared equally between the parties involved in the mediation. EXCUSABLE EVENTS S-H shall not be responsible or liable to CLIENT or CLIENT's contractors, consultants, or other agents for any of the following events or circumstances, or the resulting delay in S-H's services, additional costs and expenses in S-H's performance of its services, or other effects in S-H's services, stemming in whole or part from such events and circumstances (collectively, "Excusable Events" or, singularly, an "Excusable Event"): a change in law, building code or applicable standards; actions or inactions by a governmental authority; the presence or encounter of hazardous or toxic materials on the Project; war (declared or undeclared) or other armed conflict; terrorism; sabotage; vandalism; riot or other civil disturbance; blockade or embargos; explosion; abnormal weather; unanticipated or unknown site conditions; epidemic or pandemic (including but not limited to COVID-19), delays or other effects arising from government -mandated or government -recommended quarantines, closure of business, access, or travel; strike or labor dispute, lockout, work slowdown or stoppage; accident; act of God; failure of any governmental or other regulatory authority to act in a timely manner; acts or omissions by CLIENT or by any CLIENT's contractors, consultants or agents of any level on the project (including, without limitation, failure of the CLIENT to furnish timely information or approve or disapprove of S-H's services or work product promptly, delays in the work caused by CLIENT, CLIENT's suspension, breach or default of this Agreement, or delays caused by faulty performance by the CLIENT or by CLIENT's contractors, consultants, or agents of any level); or any delays or events outside the reasonable control of S-H. When an Excusable Event occurs, the CLIENT agrees S-H is not responsible for any actual or claimed damages incurred by CLIENT or CLIENT's contractors, consultants, or agents, S-H shall not be deemed to be in default of this Agreement, and S-H shall be entitled to a change order to equitably increase and extend S-H's time for performance of its services, as well as equitably increase the contract sum to compensate S-H for its increased labor, expenses, and other costs to perform its services, due to the Excusable Event. ASSIGNMENT Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. SEVERABILITY, SURVIVAL AND WAIVER Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and all remaining provisions shall continue in full force and effect. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the CLIENT and S-H shall survive the completion of the services hereunder and the termination of this Agreement. The failure of a party to insist upon strict compliance of any term hereof shall not constitute a waiver by that party of its rights to insist upon strict compliance at a subsequent date. GOVERNING LAW This Agreement shall be governed pursuant to the laws in the state that the project is located. Project # 2250020270 S H I V E I- I ATT E RY Page 442 of 1019 Page 6 of 8 EQUAL EMPLOYMENT OPPORTUNITY It is the policy of S-H to provide equal employment opportunities for all. S-H enforces the following acts and amendments as presented by Federal government or State governments: Title VII of the Civil Rights Act of 1965, Age Discrimination in Employment ACT (ADEA), Americans With Disabilities Act (ADA), Iowa Civil Rights Act of 1965, and Illinois Human Rights Act [ 775ILCS 5]. S-H will not discriminate against any employee or applicant because of race, creed, color, religion, sex, national origin, gender identity, sexual orientation, marital status, ancestry, veteran status, or physical or mental handicap, unless related to performance of the job with or without accommodation. HARASSMENT If either party becomes aware of any form of harassing conduct by the other party's employees, agents, contractors, consultants, vendors, or affiliated companies, the party receiving the harassing conduct will promptly investigate the reported conduct and take appropriate action that may include termination of this Agreement by providing written notice to the other party. Prior to the written notice to terminate, all applicable obligations contained in this Agreement by either party remain in effect. Harassment conduct includes any verbal, physical, and visual or pictorial content that creates an intimidating, offensive, obscene, or hostile working environment, unwanted and unsolicited verbal comments, sexual advances or innuendo, unwelcome jokes or banter, threats, or derogatory comments. COMPLETE AGREEMENT This Agreement constitutes the entire and integrated agreement between the CLIENT and S-H and supersedes all prior negotiations, representations and agreements, whether oral or written. In the event the CLIENT issues a Purchase Order of which this Agreement becomes a part, or the CLIENT and S-H otherwise execute or enter into a contract into which this Agreement is incorporated, the parties expressly agree that, to the extent the terms of this Agreement conflict with or are otherwise inconsistent with such Purchase Order, or any other contract, this Agreement shall supersede and override the terms of the aforementioned documents, and this Agreement shall solely govern in those regards. ACCEPTANCE Wet signatures, digital signatures, electronic signatures or acceptance communicated by mail or e-mail from one party to another, are deemed acceptable for binding the parties to the Agreement. The CLIENT representative accepting this Agreement warrants that he or she is authorized to enter into this Agreement on behalf of the CLIENT. AGREEMENT This proposal shall become the Agreement for Services when accepted by both parties. Wet signatures, digital signatures, electronic signatures or acceptance communicated by mail or e-mail from one party to another, are deemed acceptable for binding the parties to the Agreement. The Client representative signing this Agreement warrants that he or she is authorized to enter into this Agreement on behalf of the Client. Thank you for considering this proposal. We look forward to working with you. If you have any questions concerning this proposal, please contact us. Sincerely, SHIVE-HATTERY, INC. 91� John Waldron Sr. Electrical Engineer jwaldron@shive-hattery.com AGREEMENT ACCEPTED AND SERVICES AUTHORIZED TO PROCEED CLIENT: City of Dubuque BY: !/ TITLE: City Manager ( gnature) PRINTED NAME: Michael Van Milligen DATE ACCEPTED: 12/05/2025 Project # 2250020270 SHPVCHAT TRY A: F I- F— T I ; F a F N —? I. F F, I N Page 443 of 1019 Page 7 of 8 STANDARD HOURLY and REIMBURSABLE EXPENSE FEES SCHEDULES Effective January 1, 2025 to December 31, 2025 STANDARD HOURLY FEES PROFESSIONAL STAFF: TECHNICAL STAFF: Grade 1 $111.00 Grade 1 $ 78.00 Grade 2 $133.00 Grade 2 $ 95.00 Grade 3 $148.00 Grade 3 $109.00 Grade 4 $166.00 Grade 4 $118.00 Grade 5 $184.00 Grade 5 $131.00 Grade 6 $199.00 Grade 6 $151.00 Grade 7 $216.00 Grade 7 $168.00 Grade 8 $235.00 Grade 9 $255.00 ADMIN STAFF: $ 75.00 SURVEY STAFF: One Person $170.00 Two Person $263.00 One Person with ATV $195.00 Two Person with ATV $288.00 REIMBURSABLE EXPENSE FEES TRAVEL: IN-HOUSE SERVICES: Mileage- Car/Truck $0.70/ Mile Drawings/Prints/Plots: Mileage- Survey Trucks $0.80/ Mile Bond $ .30/ Sq.Ft. Lodging, Meals Cost + 10% Mylar $ .75/ Sq.Ft. Airfare Cost + 10% Photogloss $ .90/ Sq.Ft. Car Rental Cost + 10% Color Bond $ .60/ Sq.Ft. OUTSIDE SERVICES: Foam Core Mounting $13.00 Aerial Photogrammetry Cost + 10% Color Prints: Professional Services Cost + 10% Letter Size $ 1.00 Prints/Plots/Photos Cost+ 10% Legal and 11x17 Size $ 2.00 Deliveries Cost + 10% Page 444 of 1019 6 : A 1=1 STRAND ASSOCIATES® Excellence in Engineeringsm Strand Associates, Inc. 910 West Wingra Drive Madison, WI 53715 (P) 608.251.4843 www.strand.com December 4, 2025 City of Dubuque 50 West 13th Street Dubuque, IA 52001 Attention: Mr. Deron Muehring, Water and Resource Recovery Center Director Re: Agreement for Design Services, Bidding -Related Services, and Construction -Related Services Terminal Street Pumping Station Phase 1 Improvements This is an Agreement between City of Dubuque, Iowa, hereinafter referred to as OWNER, and Strand Associates, Inc.®, hereinafter referred to as ENGINEER, to provide Design Services, Bidding -Related Services, and Construction -Related Services (Services) for the Terminal Street Pumping Station Phase 1 Improvements project. This Agreement shall be in accordance with the following elements. Scope of Services ENGINEER will provide the following Services to OWNER. Design Services 1. Design the following structural, electrical, control, and mechanical elements for the existing Terminal Street Pumping Station: a. Replacement of the influent sluice gate, including a new automatic actuator. b. Replacement of the two pump suction sluice gates, including new automatic actuators. C. New hoist system in the lower level of the dry well to allow pumps to be lifted from their position and moved to the center of the room. d. Replacement of the existing roofing. e. Replacement of the existing exterior doors on the south side of the pumping station building. 2. Prepare and provide 60 percent draft design documents to OWNER. 3. Attend a 60 percent design review meeting with OWNER to discuss and incorporate OWNER's comments, as appropriate. 4. Prepare 90 percent draft Bidding Documents using Engineers Joint Contract Documents Committee C-700 Standard General Conditions of the Construction Contract, 2018 edition, technical specifications, and engineering drawings. 5. Provide 90 percent draft Bidding Documents to OWNER. 6. Prepare and assist OWNER in submitting an application for the construction permits to the Iowa Department of Natural Resources (IDNR). Submit 90 percent drawings and specifications to IDNR for approval. RJL:clg\R:\MAD\Documents\Agreements\D\Dubuque, City of (IAfferminal St Pumping Station-Phs1.2025 Wgr\l 154.105.docx Arizona I Illinois I Indiana I Iowa I Kentucky I Ohio I Tennessee I Texas I Wisconsin Page 445 of 1019 Strand Associates, Inc° City of Dubuque, Iowa Page 2 December 4, 2025 Attend a 90 percent design review meeting with OWNER to discuss and incorporate OWNER and IDNR comments, as appropriate, into the final Bidding Documents. Prepare a prebid opinion of probable construction cost for project and submit to OWNER. Submit up to three paper copies and a PDF copy of the final Bidding Documents to OWNER. Bidding -Related Services 1. Distribute Bidding Documents electronically through QuestCDN, available at www.strand.com and www.questcdn.com. Submit Advertisement to Bid to OWNER for publishing. 2. Prepare addenda and answer questions during bidding. 3. Attend bid opening, tabulate and analyze bid results, and assist OWNER in the award of the Construction Contract. 4. Prepare three sets of Contract Documents for signature. Construction -Related Services Provide contract administration Services including attendance at preconstruction conference, review of up to 25 contractor shop drawing submittals, review of up to 12 contractor pay requests, attendance at up to 12 construction progress meetings, up to six site visits, and participation in project closeout. Provide resident project representative (RPR) for up to 200 hours of part-time observation of construction. 3. Provide record drawings in electronic format from information compiled from contractor's records. ENGINEER is providing drafting Services only for record drawings based on the records presented to ENGINEER by contractor and OWNER. ENGINEER will not be liable for the accuracy of the record drawing information provided by contractor and OWNER. Service Elements Not Included The following services are not included in this Agreement. If such services are required, they will be provided through an amendment to this Agreement or through a separate agreement. 1. Additional and Extended Services during construction made necessary by: a. Work damaged by fire or other cause during construction. b. A significant amount of defective or neglected work of any contractor. C. Prolongation of the time of the construction contract. d. Default by contractor under the construction contract. 2. Additional Site Visits and/or Meetings: Additional OWNER -required site visits or meetings. Bidding Alternatives and Bid Phasing: Any services involved in providing bidding alternatives or bidding phases. Flood Studies: Any services involved in performing flood and floodway studies. Preparation for and/or Appearance in Litigation on Behalf of OWNER: Any services related to litigation. RJL:dg\R:\MAD\Documents\Ag=ments\D\Dubuque, City of 0A)Uerminal St Pumping Station-Phs1.2025\Ag 1154.105.docx www.strand.com. Page 446 of 1019 Strand Associates, Inc° City of Dubuque, Iowa Page 3 December 4, 2025 6. Review of Product Substitutions Proposed by Contractor: The terms of the construction Contract call for the construction contractor to reimburse OWNER for ENGINEER's cost for evaluating substitute products. ENGINEER's cost for such evaluations is not included. 7. Revisin-R Designs, Drawings, Specifications, and Documents: Any services required after these items have been previously approved by state or federal regulatory agencies, because of a change in project scope or where such revisions are necessary to comply with changed state and federal regulations that are put in force after Services have been partially completed. 8. Services Furnished Duriniz Readvertisement for Bids, if Ordered by OWNER: If a Contract is not awarded pursuant to the original bids. 9. Unsolicited Media: Any services that include the review or analysis of unsolicited media including, but not limited to, photographs, videos, and drone footage provided by OWNER or contractors unless specifically requested and agreed to in writing. ENGINEER's use of electronic construction administration programs (e.g., e-builder, Newforma) is limited to the Scope of Services defined in this Agreement. ENGINEER is not responsible for the review of unsolicited media uploaded to these programs unless specifically requested and agreed to in writing. Compensation OWNER shall compensate ENGINEER for Services under this Agreement a lump sum of $215,515. Only sales taxes or other taxes on Services that are in effect at the time this Agreement is executed are included in the Compensation. If the tax laws are subsequently changed by legislation during the life of this Agreement, this Agreement will be adjusted to reflect the net change. The lump sum for the Services is based on wage scale/hourly billing rates, adjusted annually on July 1, that anticipates the Services will be completed as indicated. Should the completion time be extended, it may be cause for an adjustment in the lump sum that reflects any wage scale adjustments made. The lump sum will not be exceeded without prior notice to and agreement by OWNER but may be adjusted for time delays, time extensions, amendments, or changes in the Scope of Services. Any adjustments will be negotiated based on ENGINEER's increase or decrease in costs caused by delays, extensions, amendments, or changes. Schedule Services will begin upon execution of this Agreement, which is anticipated the week of December 8, 2025. Services are scheduled for completion on April 30, 2027. Standard of Care The Standard of Care for all Services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's Services. OWNER's Responsibilities 1. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to this project including previous reports, previous drawings and specifications, and any other data relative to the scope of this project. RJL:clg\R.VAAD\DocumentsWgreements\D\Dubuque, City of 0A)Uenninal St Pumping Station-Phsl.2025\Agr\1154.105.docx www.strand.com Page 447 of 1019 Strand Associates, Inc° City of Dubuque, Iowa Page 4 December 4, 2025 2. Furnish to ENGINEER, as required by ENGINEER for performance of Services as part of this Agreement, data prepared by or services of others obtained or prepared by OWNER relative to the scope of this project, such as soil borings, probings and subsurface explorations, and laboratory tests and inspections of samples, all of which ENGINEER may rely upon in performing Services under this Agreement. 3. Provide access to and make all provisions for ENGINEER to enter upon public and private lands as required for ENGINEER to perform Services under this Agreement. 4. Examine all reports, sketches, estimates, special provisions, drawings, and other documents presented by ENGINEER and render, in writing, decisions pertaining thereto within a reasonable time so as not to delay the performance of ENGINEER. Provide all legal services as may be required for the development of this project. 6. Pay all permit and plan review fees payable to regulatory agencies Opinion of Probable Cost Any opinions of probable cost prepared by ENGINEER are supplied for general guidance of OWNER only. ENGINEER has no control over competitive, bidding or market conditions and cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to OWNER. If OWNER requires more than general guidance, then OWNER agrees to obtain an independent cost estimate by others. Observation Services In furnishing observation services, ENGINEER's efforts will be directed toward determining for OWNER that the completed project will, in general, conform to the Contract Documents; but ENGINEER will not supervise, direct, or have control over the contractor's work and will not be responsible for the contractor's construction means, methods, techniques, sequences, procedures, or health and safety precautions or programs, or for the contractor's failure to perform the construction work in accordance with the Contract Documents. Payment Requests ENGINEER's review of Payment Requests from contractor(s) will not impose responsibility to determine that title to any of the work has passed to OWNER free and clear of any liens, claims, or other encumbrances. Any such service by ENGINEER will be provided through an amendment to this Agreement. Changes 1. OWNER may make changes within the general scope of this Agreement in the Services to be performed. If such changes cause an increase or decrease in ENGINEER's cost or time required for performance of any Services under this Agreement, an equitable adjustment will be made and this Agreement will be modified in writing accordingly. 2. No services for which additional compensation will be charged by ENGINEER will be furnished without the written authorization of OWNER. The fee established herein will not be exceeded without agreement by OWNER but may be adjusted for time delays, time extensions, amendments, or changes in the Scope of Services. 3. If there is a modification of Agency requirements relating to the Services to be performed under this Agreement subsequent to the date of execution of this Agreement, the increased or decreased RJL:clg\R\MAD\Documents\Agreements\D\Dubuque, City of (IA)\Terminal St Pumping Sta6on-Phsl.2025Wgr\1154.105.docx www.strand.com Page 448 of 1019 Strand Associates, Inc° City of Dubuque, Iowa Page 5 December 4, 2025 cost of performance of the Services provided for in this Agreement will be reflected in an appropriate modification of this Agreement. Extension of Services This Agreement may be extended for additional Services upon OWNER's authorization. Extension of Services will be provided for a lump sum or an hourly rate plus expenses. Payment OWNER shall make monthly payments to ENGINEER for Services performed in the preceding month based upon monthly invoices. Nonpayment 30 days after the date of receipt of invoice may, at ENGINEER's option, result in assessment of a 1 percent per month carrying charge on the unpaid balance. Nonpayment 45 days after the date of receipt of invoice may, at ENGINEER's option, result in suspension of Services upon five calendar days' notice to OWNER. ENGINEER will have no liability to OWNER, and OWNER agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by OWNER. Upon receipt of payment in full of all outstanding sums due from OWNER, or curing of such other breach which caused ENGINEER to suspend Services, ENGINEER will resume Services and there will be an equitable adjustment to the remaining project schedule and compensation as a result of the suspension. Failure to make payments to ENGINEER is cause for termination upon two -week notice to OWNER. Termination This Agreement may be terminated with cause in whole or in part in writing by either party subject to a two -week notice and the right of the party being terminated to meet and discuss the termination before the termination takes place. ENGINEER will be paid for all completed or obligated Services up to the date of termination. Insurance ENGINEER will maintain insurance coverage in accordance with OWNER's Insurance Schedule J for Professional Services, which is attached hereto and incorporated herein by reference. Where Contractor is referred to in Schedule J, it shall mean ENGINEER. Data Provided by Others ENGINEER is not responsible for the quality or accuracy of data nor for the methods used in the acquisition or development of any such data where such data is provided by or through OWNER, contractor, or others to ENGINEER and where ENGINEER's Services are to be based upon such data. Such data includes, but is not limited to, soil borings, groundwater data, chemical analyses, geotechnical testing, reports, calculations, designs, drawings, specifications, record drawings, contractor's marked -up drawings, and topographical. surveys. Third -Party Beneficiaries Nothing contained in this Agreement creates a contractual relationship with or a cause of action in favor of a third parry against either OWNER or ENGINEER. ENGINEER's Services under this Agreement are being performed solely for OWNER's benefit, and no other party or entity shall have any claim against ENGINEER because of this Agreement or the performance or nonperformance of Services hereunder. OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, RJL:clg\R:\MAD\Documents\Agreements\D\Dubuque, City of (IA)\Terminal St Pumping Sta6on-Phs1.2025\Agr\1154.105.docx www.strand.com Page 449 of 1019 Strand Associates, Inc° City of Dubuque, Iowa Page 6 December 4, 2025 subcontractors, subconsultants, vendors, and other entities involved in this project to carry out the intent of this provision. Dispute Resolution Except as may be otherwise provided in this Agreement, all claims, counterclaims, disputes, and other matters in question between OWNER and ENGINEER arising out of or relating to this Agreement or the breach thereof will be decided first by mediation, if the parties mutually agree, or with a bench trial in a court of competent jurisdiction within the State of Iowa Remedies Neither ENGINEER nor OWNER shall be liable to the other for special, indirect, punitive, or consequential damages for claims, disputes, or other matters in question arising out of this or relating to this Agreement. This mutual waiver is applicable, without limitation, due to either party's termination of this Agreement. Terms and Conditions The terms and conditions of this Agreement will apply to the Services defined in the Scope of Services and represent the entire Agreement and supersede any prior proposals, Requests for Qualifications, or Agreements. OWNER -supplied purchase order is for processing payment only; terms and conditions on the purchase order shall not apply to these Services. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement. ENGINEER: OWNER: STRAND ASSOCIATES, INC.® CITY OF DUBUQUE, IOWA S 12/09/2025 J ph . Bunker t M chael C. Van Mil rgen Date Corporate Secretary City Manager RTL:clg\R:\MAD\Documents\Agreements\D\Dubuque, City of 0A)\Terminal St Pumping Station-Phs1.2025Wgr\1 154.105.docx www.strand.corr Page 450 of 1019 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J Contractor 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: Terminal Street Pumping Station Phase 1 Improvements. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub- subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to written mutual agreement attached hereto. Page 1 of 4 Schedule J Professional Services December 2024 Page 451 of 1019 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 1$5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 4) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 26. 5) Policy shall include Waiver of Right to Recover from Others endorsement. 6) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13�h Street Dubuque, Iowa 52001. B) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 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. Page 2 of 4 Schedule J Professional Services December 2024 Page 452 of 1019 City of Dubuque Insurance Requirements for Professional Services 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. 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 X 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 3 of 4 Schedule J Professional Services December 2024 Page 453 of 1019 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 your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 4 of 4 Schedule J Professional Services December 2024 Page 454 of 1019 Dubuque THE CITY OF A1•AMkIQb DUB E ' 11111 2007.2012.2013 Masterpiece on the Mississippi 2017*2019 City of Dubuque Engineering Department City Hall, 50 W 13th Street (address) Dubuque, IA 52001 Phone # 563.589.4270 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 Hattery Real Estate Appraisals, LLC kvenaor Ivame) 5708 Hidden Valley Dr, Davenport, IA 52804 (Vendor Address - City and State) PROJECT TITLE: Acquisition review appraisal and potential excess property review appraisal (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: 2300 University Ave - Acquisition review appraisal Lot 1 - potential excess DroDerty review aDDraisal Weber Acres 2nd Addition, Lot 4 - potential excess property review appraisal Weber Acres 2nd Addition, Lot 5 - potential excess property review appraisal The work described above shall be completed at the following location(s): 2300 University Ave, Southwest Arterial / US52 Lot 1, Weber Acres 2nd Addition Lot 4, Weber Acres 2nd Addition Lot 5 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 455 of 1019 and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE — Please include one applicable Insurance Schedule: o Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) o Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box ❑ Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors ❑ Insurance Schedule G — Vendors N 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 2 weeks after notice to proceed (date) Page 2 of 20 Page 456 of 1019 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 457 of 1019 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 AMOUNTS 4,500 CITY OF DUB)U�QUE, IOWA By: ichael C. Van Milligen City Manager 12/09/2025 Date VENDOR: Hattery Real Estate Appraisals. LLC Company Name By: 1a-8-25 re Sign Date Douglas J. Hattery Printed Name Owner Title Page 4 of 20 Page 458 of 1019 EXHIBIT A 11114:7M6'V_1LII1Z919P►IQ111101Z69 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 459 of 1019 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. Q.The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of the vendor's proposal, and are not subject to change by reason of any written or verbal statements by the vendor or by any terms stated in the vendor's acknowledgement unless same be accepted in writing by the City of Dubuque. 14. Current Safety Data Sheets (SDS), when applicable to the order, must be provided by the vendor in accordance with all regulations. Page 6 of 20 Page 460 of 1019 ACOROs "ATE (rWoarwvi CERTIFICATE OF LIABILITY INSURANCE F12ro5/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED. the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed, It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)• PRODUCER CUN'AG7 MANE. DANA DAMICO LIA ADMINISTRATORS & INSURANCE °NO Ma,b805-963-6624 FAIL tt.YK05-862-0852 SERVICES MAIL R nL 17AO IARILITY.C.O PO BOX 1319 _ aS111R�1t(S�AFFORDEIGODVeRAOE I"t SANTA BARBARA,CA,_93102-1319 NMAERA:TWIN CITY FIRE INSURANCE COMPANY 29M +� HATTERY REAL ESTATE APPRAISALS, LLC INeummeASPEN AMERICAN INSURANCE COMPANY 43460 DOUGLAS J. HATTERY OMPmet 5708 HIDDEN VALLEY DR_ eROi DAVENPORT. IA 52804 e, COVERAGES CERTIFICATE NUMBER: REVISION NUMBER_ TP41S IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID_ CLAIMS P LIMO! TYPE OE NIURANCE PO4.XY NUADM sum MBER YaDM w w Ekrn A COMMERCIAL GENERAL LJ�JTY CLAIMS-MAM X OCCUR Y 72SBMBC2808 3l091202503l09120 s 1 000 000 1It1:51Eas14' 0 1,'000'000. MED EXP aIrpervaq s 10,000 PERsaWAL a ADV MUURV 0 1.000,000 A00RECATE U ITAPPLIESI4R POLICY L] J❑ LOC GENERAL AOOREGATE PROOLICTS • COMPMP AGG a 2.OW.000 S 2.000 000 � GENL t OTHER AUTOMosLE LLAa1LITY COUSINED "SINGLE LM1 • ANY AUTO KIDILY VNLYURY (Pa. ParaaNl OWNED SC1,40MID AUTO$ ONLY AUTOS s BODILY INJURY IPM prbMq -PROPERTY- "AM NOKOWNED AUTOS ONLY AUTO$ ONLY s i UMBRELLA LIAR I OCCUR EACH OCtURRE.NCE a AGONeGATE S EXCESS UAN CLAIIIIIIIIA14011 DEO I RMMT10N S _ $ WORKERS COL111110 I'm AID EMPLOYER!' LVaILM TIN ANY PRO"I ETOPWARTNER,EXECUTNE nFFICFR,MEUUR EIr.tUDED'� NIA R CIDNT E L EACH ACEIII - EL OUEASE-eA EAa4OYFF 3 IMarwalPrraNH) >I Yea 6e 09 uncer DESCRIPTION OF RATIONS beroar E L dSEASE • POLICY UNIT I B PROFESSIONAL LIABILITY AA1000686-11 05/011202SM1/2021 $1,000,000 EACH CLAIM $2,000,000 AGGREGATE DESCRPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD ML Adonmoal Remand ScMdule, may be anubid A man paw M required) REAL ESTATE APPRAISERS PROFESSIONAL AND COMMERCIAL GENERAL LIABILITY INSURANCE THE BELOW CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED WITH RESPECTS TO THE COMMERCIAL GENERAL LIABILITY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF DUBUQUE, IOWA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 50 W. 13TH STREET DUBUQUE, IA 52001 AUTHORIZEDREPREWNTATIIR 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 12016103) The ACORD name and logo are registered marks of ACORD Page 461 of 1019 CERTIFICATE OF INSURANCE PrndiKer Lssue 124te: 0901,7025 lhu Ceetdicatc is tasued a, a mama of informaurxt only and LW ADMINISTRATORS k INSURANCE SERVICES confen no tights upon the Cenificatc Holder. This Ccrtllicate P O Box 1319 does not amend, extend or alter the coverage afforded by the Santa Barbara, CA 93102-1319 policy btlow Insured: 167340 COMPANY AFFORDING COVERAGE HAT-IF.RY REAL ESTATE APPRAISALS, LLC DouglasJ. Hattery A%pen American Insurance Company 5708 Hidden Valley dr Davenport, IA 52W4 Fax Number. tx)a000-OWU Authorized Representative Ihts is to certify that the policy of insuretxe listed below has been issued to the ltlsmed named above for the policy period indicau Notwithstanding any requiranciat, term of condition of any contract or other document With respect to which this Certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of sash policy limits shown may have been reduced by paid claims DISCLAIMER: Tltis certificate of insurance does not affirmatively or negatively amend, extend, or alter the coverage afforded by the insurance policy TYPE OF LYSUPANCE POLICY ?LIMBER EFFECTIVE DATE EXPIRATION DATE LIAtI?S Pmfesaionai Liability AA1000696-I I 051011025 05s0I12026 Each Clsmi S 1,000.000 General Aggretfffie S 2.000,000 Description of Operatiom/Locations/Special Items' P'mfessk►nal Services as defined In the policy Certificate Holder. Cancellation: IiATfERY REAL ESTATE. APPRAISALS, LLC SHOULD ANY OF THF. ABOVE DESCRIBED POLICIES Douglas 3 Flattery BE CANCELLED BEFORE THE EXPIRATION DATE: 5708 Hidden Valley dr THEREOF, NOTICE WILL BE DELIVERED IN Uavenpori, IA 52804 ACCORDANCE WITH THE POLICY PROVISIONS LIA0001 (11/97) Insured Copy Page 462 of 1019 SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 72 SBM BC28C8 BUSINESS LIABILITY LIMITS OF INSURANCE LIABILITY AND MEDICAL EXPENSES $1, 000, 000 MEDICAL EXPENSES - ANY ONE PERSON $ 10,000 PERSONAL AND ADVERTISING INJURY $1, 000, 000 DAMAGES TO PREMISES RENTED TO YOU $1, 000, 000 ANY ONE PREMISES AGGREGATE LIMITS PRODUCTS -COMPLETED OPERATIONS $2, 000, 000 GENERAL AGGREGATE $2, 000, 000 EMPLOYMENT PRACTICES LIABILITY COVERAGE: FORM SS 09 01 EACH CLAIM LIMIT $ 10,000 DEDUCTIBLE - EACH CLAIM LIMIT NOT APPLICABLE AGGREGATE LIMIT $ 10,000 RETROACTIVE DATE: 03092019 This Employment Practices Liability Coverage contains claims made coverage. Except as may be otherwise provided herein, specified coverages of this insurance are limited generally to liability for injuries for which claims are first made against the insured while the insurance is in force. Please read and review the insurance carefully and discuss the coverage with your Hartford Agent or Broker. The Limits of Insurance stated in this Declarations will be reduced, and may be completely exhausted, by the payment of "defense expense" and, in such event, The Company will not be obligated to pay any further "defense expense" or sums which the insured is or may become legally obligated to pay as "damages". BUSINESS LIABILITY OPTIONAL COVERAGES CYBERFLEX COVERAGE FORM SS 40 26 UNMANNED AIRCRAFT LIABILITY IS EXCLUDED SEE FORM: SS 42 06 Form SS 00 02 12 06 Process Date: 01/06/25 Page 003 (CONTINUED ON NEXT PAGE) Policy Expiration Date: 0 3/ 0 9/ 2 6 Page 463 of 1019 Policy Numter 988543469 DOUGLAS BATTERY Page 2 of 2 Outline of coverage 2024 FORD F150 CREW PICKUP VIN. 1FTFW3L84RKFI6102 Garaging ZIP Code: 52804 Primary use ofthe vehicle. Pleasure/Personal Annual miles: 16,000 - 17,999 Length of vehicle ownership when poky started or vehicle added: Less than I month We were unable to validate or locate prior history for the VIN you provided, which has impacted how we determine your premium umrts un 6a-b'ili't'y-T*o" *0-t*h'*e'r's' * .... *"**"* ..... "**"**'* ... *-'-**--* ................................................................ ..................... V& Bodily Inpry and Property Damage liability $500,000 combined single limit each accident '"'-'*''-'-*---',-'' -'", - -*-*'......... ktonst ****- I--''''****-''-'-...... $500,000combin@dsingle Imneachaccdet ....... -,6nirsuiW 24 '''-* *kii�W '''*''**"''' ,i-', ** * -*' -'''******'''''*''' 66,666coibir*dsngelimit eachaccident **''**' *'*'6��n.rsurW 27 .......... I.." .............................................................................................................. Medical Payments I ............................................... S5,000 each person 6 *'' * ... * ..... * -* " - *-----***--*'* �p-r*e* Comprehensive '- ***t'*u*a'*IC'"a's"h"*Value ' ' * * ** ... * ... *"*"""**"*****"**"****"""D**$*5**'*O"'**' ... Actual ...... -* .... - ** '7- 1 61iis'io-n' ** * ' ... **"'*"**"**"**"*****"**"***'"*******'*'***'**'A'c't"u'a*l,-C"a,s"h-*,V-a,lu,*e**" **"* ..... ***-*---**-- ..... $'7-5' 0- 130 4-n't'a-1'R- Reimbursement e" in-e-nt .... -u-p-i o*'*$' 5** 0*'*e*a'*c*h** d"a*y-ft*'n'a-x'i in-u-m- '3-0'-d'a-y's--**' 13 Roadside 'Ass' Total 6 mondt policy premium a464.00 Premium discounts Poky 9 , 96543469 .............. Multi Pol i c y*',' Paid '-i'n' ' Full, Home '*-* Owner, *' Online' -, Quote, -''' Continuous-- -'Insurance: Platinum, Paperless and Three -Yea[ Safe Dnving Lienholder and additional interest information Vehicle ......... I ... ........ 2024 FORD F150 IFTFW31.8411016102 Company officers CAPAI� -4- Ftdk President Lienholder Additional interest CAB EAST LLC CAB EAST LLC MINNF-AROL!S, MN 55439 MINNEMILIS, MN 55439 �2� Secretary foirn 6489 b. ( I G., 11) Page 464 of 1019 � 169 f/ 1641 , "1rR �E • , y" 3. 1545 1537 23, 5 ' 1535 1 2215, / a 2349- 2365 1630 , a 2389 2300 2282 T L 1 2220 1465 !' 2196 2386 2293 2285 1455 - .� �- �• ' 1460 r ' ' Y 12, 1' �� 1405 1456 22451 Yt _ - 2397 ' 1400 ' P e gi •/f 1019 I 1 I1'- CUM�tFE A44%1erj4" tm the M).. I,:f„�,r \ Iry i — 2349' ~ f2335 ` 2365 ��. i 2389 / 231 I. DISCLAIMER: This information was compiled sing the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City of Dubuque and Dubuque County. It is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate information available, DAGIS and it's suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct, indirect, incidental, n sequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of warranty whatsoever. DuEupu• SUBJECT PROPERTY MAP°�7°' 2300 UNIVERSITY AVE. R � t 2239 Pj; � r 1 inch = 60 feet 60 30 0 60 Feet 0 1 I 1 _ r 14650 �i • � I MEN A 1�60 N SUBJECT Map Prepared by: City of Dubuque PROPERTY Engineering Division W E 50 West 13th Street BOUNDARY 17 Dubuque, Iowa 52001 Phone:(563)589-4270 S Fax: (563) 589-4205 Page 466 of 1019 LOT 1 , - SW ARTERIA US52 I h t Pale 467 of 1019 EXHIBIT LOT I OF THE SOUTHWEST ARTERIAL PLAT 1, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA SE Cor. SE 1 /4 SE ' Sec. 31-89- Fnd. S.C.M. Proposed 3 Utility Easement S L i ne W1 /2 SW1 / Sec. 32-89-2E City Prc Portzen Property L New R-O-W Lin J SE Cor. of the W1 /2 N 114 Cor. of the N SW1/4 Sec. 5-88-2E Sec.32-89-2E Fnd. S.C.M. AREA LOT I = 351,842 SQUARE FEET OR 8.08 ACRE 0 1 25' 250' 375' 500' Sca I e " = 250' .4ECOM Bearings / Distances Lot 1 1 To 32 N 02 01 18 W 316.49' 32 To 33 N 13 ° 29 33 E 292.23' 33 To 34 S 62 ° 03 48 E 617.21' 34 To 31B S 66 ° 10 24 E 512.63' 31B To 31A S 74 ° 58 19 E 170.00' 31A To 1 S 87 ° 12 49 W 1236.89' of 1019 -. ems,✓ �- ' � j - � 4• `'� i RI „a 3 a� �� �snarea Im9 ROW48 — rve,ea �,aaed ,o�,n.esl -- 4 • " o 0 4-- -- --- , — ' � Iut�easements O � � Proposed City of Dubuque Right -of -Way L— Surveyed Graded Shared Use Path Proposed Iowa DOT Right -of -Way Proposed Dubuque County Right -of -Way Existing ROW to be Vacated Excess City of Dubuque Right -of -Way Iowa DOT Right -of -Way to City of Dubuque Page 469 of 1019 Noe= focabon- mtAaat T. mt Aor lut3and Lot unst°nt arool 5eaon4 roauon Inl A a mt 1 in EnBl.f A R,dBeSuAdivit,on lot C a Ne SE 1/4 S[ 1/„nd tAa Nf 1/4 S[ 1/, Stc 31.89-T[ lot A a Me SW 1/4 SW l/t and lot A NW 3N Sw 1/4 Sec. 32-69-2E Int A a lot T antl lot A of bt 3 In SanBM't Rlate SN AdaOon aII ,n Me G or Dubuque. CtRRrry of Dubupue. Axle of Iowa Rcgvnmf Gryol OuWque, Igwa SOW 13M 5trteC Dub ue. bw, 52001 Rro nemr_ rly of Dubuque. Iowa M<MN R. fa e CgmpanY: AECOM hMM,N R. NBIe. S015yfamxt Sbeet, $t:m 211, Waterloo, Iow,. 50703 Remrn To AECOM. n+keL e•a,tomrom-319i7t•6593 N � 0 150 300 450 600 O / ® # Scale t" = 600' m8�5 �mE� J �LL a R. O • €sa m m s s� W\ a 3 SOS, m>t w's a�fr'aw:- -4x m / S 3o-=Spew+ <,n w° S o c ,p< h - ,� ___ _____________________ o � I ii o to o,.cm� m " J__ ew ______ "___ r __ r moo :Q'p F c o0 ilb- zt 84 ® �s.� coo 8ww,� �mmi w �n4 \ < lip 6T NON€ CoY 16 4J v Date Signed 5/15/2025 € 6h ' - _ _ I b—by ,. pfY tn.t tnl�—tS.rxrmg M m e u, $ . e _ t .....,.,", 8'S o - treio-xtepar,u,ai�. re��ri:m s�tlw to 5/15/2025 :e � ML(M l A. P o.te ry �iow n�Qf`. MYcl t<m a rereu50Ua to 0zceiLar 3L"c" to AECOM n"""""""""'""" Pa3x or fM1xtf coverts by tbu xel, A=COM Sheet 1 of 6 Page 470 of 1019 Index Legend Location: Part of Lots land 2 of Weber Acres and part of Lot of Westside Commercial Parkand Lots Aand Bof Siegerts Place 3rd Addition and part of Lot A-1-1 of the East 1/2 of the Northwest 1/4 of Section 32, Township 89 North, Ranger 2 East of the 5th P.M. and part of the Northwest 1/4 and the Northeast 1/4 of Section 32, Township 89 North, Range 2 East of the 5th P.M. and part of the Southeast 1/4 of Section 29, Township 89 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa Requestor: City of Dubuque, Iowa 50 W. 13th Street, Dubuque, Iowa 52001 Proprietor: State of Iowa Surveyor: Michael R. Fagle Company: AECOM Michael R. Fagle, 501 Syca more Street, Suite 222, Waterloo, Iowa, 50703 Return To AECOM, mike.fagle@aecom.com - 319-874-6595 NW COR. NW 1/4 SEC.32-89-2E FND. S.C.M. 6" DEEP 37 1 MA Plat of Survey Weber Acres 2nd Addition Part of Lots I and 2 of Weber Acres and Part of Lot 4 of Westside Commercial Park IOWA DOT PROPERTY and Lots A and B of Siegerts Place 3rd Addition and Part of Lot A-1-1 of the East 1/2 of the Northwest 1/4 of Section 32, Township 89 North, Range 2 East of the 5th P.M.and CITY OF DBQ ROW Part of the Northwest 1/4 and the Northeast 1/4 of Section 32, Township 89 North, Range 2 East of the 5th P.M. and Part of the Southeast 1/4 of EXCESS ROW - DISPOSE Section 29, Township 89 North, Range 2 East of the 5th P.M. a I I in the City of Dubuque, Dubuque County, State of I owe Old Highway Road • `', �' n Lot 4 - 1�11 &♦ /SEI/4 Lod 3� 29-89-2E 7 I 00000* • % .�` Lot 2 Lot A AC Hanna bdivision 6 49 - _ -- 9 -- a T 48 I Subdivision of of 1-2 SWI/4 . ��• EI/4 29-89-2E _ Lot I Jg City of Dubuque 0 I Lot I -A ISAAC Hanna 5 47 10 ' Subdivision Aequisition 11 ' dy Point Plat 201600004463 46 ' Subdivision Plat 2 • _ __ __ _ _ I 44 - - Proposed 20' indy Point` Utility Easement 0 75 150 225 300 _ .y Subdivision NE COR. NW 1/4 SEC.32-89-2E NEI/4 H 45 lot 3 FND.MAG NAIL/WASHER NO.12631 32-89-2E OT Lot 4 ExIA. Public Utility Ease .•+ Lot 3 as Shown on Plat 4 Weber Acres 43 Scale 1" = 300' , 1 ind Point T 'sio Proposed 60' 35 Ingree/Egress 34 Lot I F 0 2nd Addition Line Lot Lot Subdi Lot 1-1-1 EI/2 Easement Weber Acres NWI/4 32-89-2E Lot 2 33 2 3 NW'ly Line �.0}B. Proposed 50'Storm Lot 21 � Lot A -I Slegerts 2 9 3 8 39 A Sewer Utility Easement 40 LOT 2 Place Third I ii Weber Acres Subdivision Lot 2 Addition �o I I 16 4142.I I NWI/4 NWI/4 & Lot 1-1 EI/2 NWI/4 32-89-2E W + 3 O� P ly Line 8 \ . Lot A-1 Slegerts Lot 4 C 7 i SE'ly Line\ 6 Place Third Westside i� Lot 4 Addition / Commercia Westside \ LOT 2 2 01 Park - Lot 6 Commercial SE'LY Line i 22 Stegert's Place / Park 12 Weber Acres Lot t� 31 Third Addition ! `stside� W'ly Line\ 13 'e t Lootf 2 Line 1-1 Commoeclal Lot 2 \ NWI/4 Lot Park Weber Acres \ 4 Weber Acres NEI/4. 32-89-2E / 32-89-2E i Arthofer"s Skyline LOT 3 Ir i /Addition i Lot B Slegerts ryo 30 i Place Third t L tt 2 Addition SE'ly Line } •C SE'ly Line Lot 2 Lot 3" Lot B Siegerts 15 Weber Acres y Place Third J• / Addition Exist.40' 29 Siegert's Place Gas Easement / 23 Fourth Addition t r� / LOT 5 k4r; 21 �h Lot 2 F / 25 Part oft'Lot VI - Pins Found Letter of Corner Description of Pins Found A Found 1/2" Iron Pin laying on it side B Found 1/2" Iron Pin Cap No. 14417 C Found 3/4" Pipe D Found 1/2" Iron Pin E Found 5/8" Iron Pin F Found Rebar IDOTAluminum Cap G Found Right -of -Way Rail H Found Rebar IDOTAluminum Cap I Found 5/8" Rebar Cap No. 12631 J Found 1" Pipe K Found 1/2" Iron Pin Cap No. 14417 / NWI/4 Sect32-8 - _- / Lot A Steg Art / Place Third - Addition COR. NE 1/4 D 26 1/4 SE.32-89-2E �t SE'Iy Line ( FND.5/8" IRON PIN s y. Lot A Sieg ert t Place Third Addition - -- - Lot 3-A Slegerts Place Fifth Addition Wily Line Lot' 3-g Slegerts 'Wlace Fiftp Addition - Date Signed 10-18-2023 Lot 1 Lot A to be Rig y ht-of-WA for the City Note: leg'trt- radley Place Section Corners and Property Corners were found during the I hereby certify that this of Dubuque, Iowa design survey for the Dubuque Southwest Arterial document vas prepared by m `, ••`A. •• my direct personal supervl wo ", that I am a duly Licensed Area See Sheet 2 and 3 of 5 for Bearing and Distance Tables and Area Table y�eF.,, under the lava of the stet Weber Acres 2nd Addition Contains Wr:' 954,235 Square Feet or 21.91 Acres See Sheet 4 of 5 for Description of Boundary of Weber Acres 2nd Addition ;;�;; 85o5 MICHAEL R. FAGLE 0= Set 1/2" X 24" Rebar Ye low Ca p #8505 See Sheet 5 of 5 for Location of Existing and New Easements '• License number 8505 AECOM Sheet I of 5 5050 4905 4855 4755 I-i 4485, *4655 460,5 T, 4400 4955 E � � , • � � - - - J 4450 o . j n ;- 4490 , • 4460 / 49�00 ' _ � � -45,06 Y 45 "16 .. `4490 P , 52005250 / 5485 `5300 "` ` •; r' _ 5501 �` 5356, ' 5400 5450; 5520 - '65 :r ,13804 138281040 •�lir' C / • ,ice y - � - -'• -,� • 'a ro � � '5400 , f Pale 472 of 1019 N EXHIBIT LOT 4 OF WEBER ACRES 2ND ADDITIONS CITY OF DUBUQUE9 COUNTY OF DUBUQUE9 STATE OF IOWA WEBER ACRES 2ND ADDITION WAS RECORDED ON 11/21/2023 N FILE 2023-0001 160 IN THE OFFICE OF THE DUBUQUE COUNTY RECORDER i �_C H I GHW AY 20 GAS EASEMENT F-V I C -F I NI(` nI InI I (` AREA LOT 4 = 37,726 SQUARE FEET OR O.87 ACRE 0 30 :0 •• 20 .• AECOM Bearings and Distances Lot 4 16 To 1 17 1 S 1711 - 128103 W 147.67' 17 To 18 R = 50.00' L = 85.57' LC = N 67°26'34" W 75.50' 18 To 1 19 1 N 1561 - 128115 W 143.59' 19 To 20 R=125.00' L = 26.25' LC = N 50°28'31" W 26.20' 20 To 38 N 70 ° 41 33 E 112.96' 38 To 39 N 82 ° 16 53 E 60.00' 39 To 40 S 80 ° 18 23 E 183.72' 40 To 16 S 01 ° 31 57 E 92.52' EXHBT LOT 5 OF WEBER ACRES 2ND ADD T I ON9 C TY OF DUBUQUE9 COUNTY OF DUBUQUE9 STATE OF OWA WEBER ACRES 2ND ADDITION WAS RECORDED ON 11/21/2023 IN FILE 2023-00011060 IN THE OFFICE OF THE DUBUQUE COUNTY RECORDER S I EGERT'S THIRD ADDITION LV I H-.)ILVLI\ I J PLACE THIRD ADDITION AREA LOT 5 = 4,643 SQUARE FEET OR Oe 1 1 ACRE • 30 :0 •• 20 .• PECOM Bearings and Distances Lot 5 23 To 24 S 01 ° 32 09 " E 107.21' 24 To 25 S 88 ° 34 42 " W 85.11' 25 To 23 R = LC 2644.79' L=136.77' = N 36°57'15" E 136.76' -- Plat Survey Weber Acres 2nd Addition Index Legend IIIIIIIIIIIIIIIIIIIIIIIIII III II IIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII r Acres and Part of Lot 4 of Westside Commercial Park Part of Lots I and 2 of Weber location: and Part of lots land2ofWeberAct.andpartoflot4 and Lots A and B of Siegerts Place 3rd Addition and Part of Lot A -I -I of the East I/2 of Westside Commercia l Park and A and B of Siegerts Place 3rd Addition and part of Lot A-1-1 of the East 1/2 of Doc ID: 011166870010 Type: GEN Kind: SUBDIVISION PLAT of the Northwest 1/4 of Section 32, Township 89 North, Range 2 East of the 5th P.M. and the Northwest 1/4 of Section 32, Township 89 North, Recorded: 11/21/2023 at 04:10:53 PM Part of the Northwest I/4 and the Northeast I/4 of Section 32, Township 89 North, Ranger 2 East of the Sth P.M. and part of the Northwest 1/4 Fee Amt : $52.00 Page 1 of 10 Dubuque county Iowa Range 2 East of the 5th P.M. and Part of the Southeast 1/4 of and the Northeast 1/4 of Section 32, Township 89 North, Range 2 Fast of the Sth P.M. and pa rt of the Southeast 1/4 Karol Kennedy Recorder Section 29,Township 89 NOrth Ran e 2 East Of the Sth P.M. f p ' g of5'tian 29, Township 89 North, Range2 East of the Sth P.M., FL1e2023�00011060 al In the City of Dubuque, Dubuque County,State Of 1OWa County of Dubuque, State of Iowa Requestor: City of Dubuque, Iowa 50 W. 13th Street, Dubuque, Iowa 52001 I I I I Proprietor: State of Iowa I I I Surveyor: Michael R. Fail 1 old Mph ay Ikad Company: AECOM Michael R. Fagle, 501 Sycamore Street, Suite 222, , Waterloo, Iowa, 50703 Lot 3 Lor 4 EI 42E 7 N Return To AECOM,mike.fagle@attom.com-319-874-6595 z Lof A ISAAC Ibrtp Subdivl.ion 6 9 _ Lot 2 ti 49 I satdl�ldsn 48 SW of s"9+ at I-e SWV4 Let I City of ISAAC Jy. 1 sEv4 za-o-zE Lot ISAAC Xama 47 O NN uN.xN I/. Y PONt IA 5 lD Subd 2 elen Aequl.Itl« Plat 201600a04167 46 I SEC. ]2-e9-2E M0.s.GIL 6' Subdivision Plot 2 1 _ — _ _ — _ _ _ - - 44 — Proposed �FP _ - — - — _ _ - — es _ — _ _ _ — _ _ - — - Tnt— IMIIity Ea.enenf 0 75 I. 225 300 51DNvlslon F CM. NW I/4 SEC. ]2-e9-2E la:l/4 H 4 let FX0. MA6 NAIL/WASHER N0.12631 32_a}iE OT 37 Lot 4 Exlet. Public Utility Eae. Scale 1" = 300' Let 3 °• sh°m on plot Prop— 35 4 Weber Acres 43 SP Polnr 6ubdl sl Epee./Etl r.ee 34 G Lof ioli iuno 2nd Addition weber Aar.. Lot I -I -I EI/2 WI/4 W-89-M E%—/E Lot L33 Line P. e. 2 3 I.Poeed 5a'Storn 38 .3 oT Lot zl Lot A -I sl.�.et• 9 PPT Placei R Se— utilityEe.«Iwnt I 40 subdlvl•I« Let 2 IINI/4 1611/4 a Let I -I EI/2 NNI/4 3242-K 1 3 O Se'I Lice OA weber Acre. 6 4142 B \' \ LPA-I Slsg•rt. Lori Place Third ■ewt.id• (, 17 ly uns\ 6 Lor / ` 1 Addltlan PaCe.eesrelal 2 let-6 seises Iel\ �� SE'LY Llne 22 51.0sr1'. Pi«• ` �13 12 is .�r Aar.e dle 31 mk-d Ad- Ne.t Camisrcbl 1y Lice \ Llna L. z ' y WI/4 Lori x ZE Lon 1-1 Park Lot Weber \ Meber Acres Acra. 4 HEI/1 32-e9-2E Artho} Skylim "diticn LOT 3 ,p 3 ri«. Tr". is Lot 2-I AdIIIIan Ely Line E'ly Llne Lot 2 121-2 Lot B Sbgarre ird S Weber Acrsa E.1, .40' A.Tton 29 Slag<t'a Place 0ae Eesament 23 F.— Addition LOT 5 24 Lot 2 / 25 Port of Lot A-1-1 El/2 HN32- I/4 Sec. 89-2E Lot A Sle6 xte / Ploce TElyd Adalimn SE D 26 •ly Lon. NW 1/4 SFJi-a9-2E FIND, 6/P IRON PIN Lot A Slegerte Place TNra -- " — . �--- 28 Addlnon _ _ - - — - _ — 6 Pins Found Letter of Comer Description of Pins Found A Found 1/2" Iron Pin Ie 'n on it side B a No. 14417 Found I/2" Iron Pin Cap C Found 4" PI e D Found I/2" Iron Pin E Found 5/8" Iron Pin F Found Rebar IDOT Aluminum Cap G Found Right—of—Way,Right-bf-Way, Rail H Found Rebar IDOT Aluminum Cap I Found 5/8" Rebar Cap No. 12631 1 Found 1" PI e K Found I/r' Iron Pin Cap No. 14417 Let }A Slegerts Place FIM Addition Not 27 'ly3-une Section Corners and Property Corners were found during the Lor A Siaearts design survey for the Dubuque Southwest Arterial Place Flffn Addlrl« \ Lot A to be Right-of-WAy for the City Lot I of 0uDuque, Iota See Sheet 2 and 3 of S for Bearing and Distance Tables and Area Table SI"_'-8rWlay Place Area See Sheet 4 of 5 for Description of Boundary of Weber Acrsa 2nd Addition Weber Acre. 2nd Addition Contains See Sheet S of 5 for Location of Existing and New Easements 954,235 Square Feet or 21.91 Acres M 0= Set 1/2' X 24• Rebar Yellow Cap e8505 w /�-WM Sheet I of 5 Date Signed 10-18-2023 I Yi eer Page 475 of 1019 �� Dubuque THE CITY Or l \ kp r u Auena pry D-u-B"`VE, II II.' 2007.2012.2013 Masterpiece on the Mississippi 2017*2019 City of Dubuque Fire Department 11 West 9th Street, Dubuque (address) Dubuque, IA 52001 Phone # 563-589-4160 CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT THIS VENDOR SERVICE AGREEMENT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and (Vendor) at Biechler Electric, Inc. (Vendor Name) PO Box 1568, Dubuque, Iowa 52004-1568 (Vendor Address - City and State) PROJECT TITLE: Community AED Implementation (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: Hook up various AED's in various locations within the City of Dubuque The work described above shall be completed at the following location(s): Various locations within the City of Dubuque 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 476 of 1019 and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE — Please include one applicable Insurance Schedule: o Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) o Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box 0 Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors ❑ Insurance Schedule G — Vendors ❑ Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 6. The Vendor shall fully complete the Project under this Contract on or before June 30, 2026 (date) Page 2 of 20 Page 477 of 1019 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 478 of 1019 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 $ Not to exceed $5,500 CITY OF DUBUQUE, IOWA By. Ichael C. Van Mllllgen City Manager 1y/ 401 1_0141 Z49 12/09/2025 Biechler Electric, Inc. Date Company Name / '('ZL8/2025 i Signature = Date t,-,- y i 61 e- c-l) A -- Printed Name Title Page 4 of 20 Page 479 of 1019 EXHIBIT A 11114:7M6'V_1LII1Z9191LIQ111 M Z69 The following Terms and Conditions apply to City of Dubuque Transactions: 1. The City of Dubuque is exempt from federal excise tax and Iowa sales tax. 2. The City of Dubuque will not be responsible for payment for any goods delivered without a purchase order. 3. The vendor will send a separate invoice for each purchase order number. All invoices, packages, shipping notices, or the like affecting the order shall contain the applicable purchase order number. The vendor is to submit original invoice to the address shown in the SHIP TO section on the front of this order. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized. 5. It is understood by the vendor that the cash discount period to the City of Dubuque will date from the receipt of the invoice or from the date of the receipt of the goods, whichever is later. 6. The risk of loss of and damage to the goods which are the subject of this order, regardless of the F.O.B. point, is and will remain with the vendor until the goods are delivered to the destination set out in the order and accepted by the City of Dubuque or the authorized City of Dubuque representative. 7. In the event of the vendor's failure to deliver as and when specified, or to perform as and when specified, the City of Dubuque reserves the right to cancel this order, or any part thereof, without prejudice to its other rights, and the vendor agrees that the City of Dubuque may return part or all of any shipment so made and may charge the vendor with any loss expense sustained as a result of such failure to deliver or to perform. 8. In the event any article, service, or process sold, delivered and/or performed hereunder is covered by any patent, copyright, or application for either, the vendor will indemnify and save harmless the City of Dubuque from any and all loss, cost, or expenses on account of any and all claims, suits, or judgments on account of the use or sale of such article or the use of such service or process in violation of such patent, copyright or application for either. 9. In the event any article, service, or process sold and delivered or sold and performed hereunder is defective in any respect whatsoever, the vendor will indemnify and save harmless the City of Dubuque from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to person or property that may happen or occur in connection with the use or sale of such article, or process and are contributed to by said defective condition. Page 5 of 20 Page 480 of 1019 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 481 of 1019 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 482 of 1019 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 #1315000031 Project name: Community AED Implementation 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 Fire Department of the City of Dubuque. 4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this contract. 5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Contractor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. Whenever an ISO form is referenced the current edition must be provided. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are higher than the required minimum limit, then the contractor's limits shall be this agreement's required limits. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the contract, subject to written mutual agreement attached hereto. Page 8 of 20 Page 483 of 1019 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 484 of 1019 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 485 of 1019 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 486 of 1019 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 12 of 20 Page 487 of 1019 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND LOTUS ENGINEERING & SUSTAINABILITY, LLC This Professional Services Agreement (this "Agreement"), dated for reference purposes the of , 20_ (the "Effective Date"), is made and entered into by and between Lotus Engineering and Sustainability, LLC, a Colorado limited liability company ("Lotus") and City of Dubuque, an Iowa municipal corporation ("City"). SECTION 1. SERVICES. Lotus shall provide to City the services (the "Services") set forth in the Statement of Work attached as Exhibit A. SECTION 2. CITY'S OBLIGATIONS. City shall (a) provide Lotus with access to City's premises, office accommodation, and other facilities and data as may reasonably be required by Lotus for the purposes of performing the Services and (b) respond promptly to any Lotus request for information or approvals, subject to City's reasonable discretion, that Lotus requires to perform the Services. 69x41Is] LI WON 94:1LViW_1LIIBib 94:1LyiIILlI_%IIs] LII 3.1 Term; Renewal. This Agreement shall commence as of the Effective Date and shall continue thereafter until the completion of the Services (the "Term") as determined by City, unless sooner terminated pursuant to this Section 3 or Section 11.13. 3.2 Termination. Either party may terminate this Agreement, effective upon written notice to the other party (the "Defaulting Party"), if the Defaulting Party (a) materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the Defaulting Party does not cure such breach within fifteen (15) days after receipt of written notice of such breach. City may also terminate this Agreement this Agreement at any time for any reason with or without cause. In that event, all finished or unfinished Services, reports, materials(s) prepared or furnished by Lotus under this Agreement this Agreement shall, at the option of City, become its property. If his Agreement this Agreement is terminated by City as provided herein, Lotus shall be paid for all Services which has been authorized, provided, Page 488 of 1019 and approved up to the effective date of termination. City will not be subject to any termination fees from Lotus. 3.3 Effects of Termination or Expiration. Upon expiration or termination of this Agreement for any reason, (a) Lotus shall: (i) deliver to City all documents, work product, and other materials, whether or not complete, prepared by or on behalf of Lotus in the course of performing the Services for which City has paid; (ii) return to City all City -owned property, equipment, or materials in its possession or control; and (b) each party shall return to the other party or destroy, at the other party's discretion, all documents and tangible materials (and any copies, physical or electronic) containing, reflecting, incorporating or based on the other party's Confidential Information and certify in writing that it has done so; provided, however, that City may retain copies of any Confidential Information of Lotus incorporated in the Deliverables, as defined in 6.1, or to the extent necessary to allow it to make full use of the Services and any Deliverables. 3.4 Survival. The rights and obligations of the parties set forth in Sections 6, 7, 8, 9, 11, and any right or obligation of the parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement. SECTION 4. FEES AND EXPENSES; PAYMENT TERMS. 4.1 In General. In consideration of the provision of the Services by Lotus and the rights granted to City under this Agreement, City shall pay the fees as follows: 1. Project Fees. For Services provided on a time and materials basis, City shall pay fees (the "Fees") calculated in accordance with Lotus' fee rates as set forth in Exhibit B. 2. Expense Reimbursement. City shall reimburse Lotus for all actual, documented, and reasonable travel and out-of-pocket expenses incurred by Lotus in performing the Services that have been approved in advance in writing by City at Lotus' actual cost. 4.2 Invoicing and Payment. Lotus shall issue invoices to City: (a) monthly in arrears for its fees for the immediately preceding month for time and materials Services; and (b) when any installment is due as indicated in Exhibit B for fixed price Services. Each invoice shall also include a detailed breakdown of reimbursable expenses incurred in connection with the applicable Services. City shall pay all amounts due to Lotus within thirty (30) days after City's receipt of such invoice. If City fails to timely pay an invoice, Lotus may (a) Page 489 of 1019 charge interest on unpaid amounts at a rate of eight percent (8%) per month or the maximum amount permitted by law, whichever is lower, from the date such payment was due until the date paid; and (b) suspend performance for all Services until payment has been made in full, except for any amount disputed in good faith. 4.3 Accelerated Pay Discounts are not included as part of this Agreement. SECTION 5. INTELLECTUAL PROPERTY. 5.1 Except as set forth in 5.2, all intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property Rights") in and to all documents, work product and other materials that are delivered to City under this Agreement or prepared by or on behalf of Lotus in the course of performing the Services (collectively, the "Deliverables") shall be owned exclusively by City. Lotus agrees and will cause its Lotus personnel to agree, that with respect to any Deliverables that may qualify as "work made for hire" as defined in 17 U.S.C. §101, such Deliverables are hereby deemed a "work made for hire" for City. To the extent that any of the Deliverables do not constitute a "work made for hire," Lotus hereby irrevocably assigns and shall cause its personnel to irrevocably assign to City all Intellectual Property Rights worldwide in the Deliverables. Lotus shall cause its personnel to irrevocably waive, to the extent permitted by applicable law, any and all claims such Lotus personnel may now or hereafter have in any jurisdiction to so-called "moral rights" or rights of droit moral with respect to the Deliverables. 5.2 All Intellectual Property Rights in all documents, data, know-how, methodologies, software, and other materials provided by or used by Lotus in performing the Services and developed or acquired by Lotus prior to or independently of this Agreement (collectively, "Pre -Existing Materials") shall be owned exclusively by Lotus and its licensors. Lotus hereby grants City a limited, revocable, perpetual, fully paid -up, royalty - free, non -transferable (except in accordance with Section 12.5), non-sublicensable, worldwide, non-exclusive license to use, display, reproduce, distribute, transmit, modify (including to create derivative works), import, make, have made, sell, offer to sell and otherwise exploit any Pre -Existing Materials to the extent incorporated in or otherwise necessary for the use of the Deliverables. All other rights in and to the Pre -Existing Materials are expressly reserved by Lotus. SECTION 6. CONFIDENTIAL INFORMATION. Page 490 of 1019 6.1 All non-public, confidential or proprietary information of either party ("Confidential Information"), including, but not limited to, information about such party's business affairs, products, services, methodologies, confidential intellectual property, trade secrets, third - party confidential information, and other sensitive or proprietary information, disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party"), whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, or otherwise learned by the Receiving Party in connection with this Agreement, and designated or otherwise identified as "confidential," is confidential, solely for use in performing this Agreement and may not be disclosed or copied unless authorized by the Disclosing Party in writing. The Receiving Party shall protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care. Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party's breach of this Agreement; (b) is obtained by the Receiving Party on a non -confidential basis from a third -party that was not legally or contractually restricted from disclosing such information; (c) the Receiving Party establishes by documentary evidence, was in its possession prior to the Disclosing Party's disclosure hereunder; (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party's Confidential Information; or (e) is required to be disclosed under applicable federal, state or local law, regulation or a valid order issued by a court or governmental agency of competent jurisdiction. 6.2 The Receiving Party shall be responsible for any breach of this Section 6 caused by any of its employees, contractors, agents, or representatives. On the expiration or termination of the Agreement or any time during or after the term of this Agreement, at the Disclosing Party's written request, the Receiving Party shall promptly return, and shall require its Representatives to return to the Disclosing Party all copies, whether in written, electronic or other form or media, of the Disclosing Party's Confidential Information, or destroy all such copies and certify in writing to the Disclosing Party that such Confidential Information has been destroyed. Each party's obligations under this Section 5 will survive termination or expiration of this Agreement. SECTION 7. REPRESENTATIONS AND WARRANTIES. 7.1 Mutual. Each party represents and warrants to the other party that: (a) it has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder and to perform its obligations hereunder; and (b) when executed and delivered by such party, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms. Page 491 of 1019 7.2 Lotus. Lotus represents and warrants to City that: (a) it shall perform the Services in a professional and workmanlike manner in accordance with generally recognized and commercially reasonable industry standards for similar services and in compliance with all applicable laws, and shall devote adequate resources to meet its obligations under this Agreement; (b) the Services and Deliverables shall conform in all material respects with the specifications and will be performed to City's reasonable satisfaction; and (c) to Lotus' knowledge the Services and Deliverables, and City's use thereof, do not and will not infringe any Intellectual Property Right of any third party. Lotus' sole liability and City's sole and exclusive remedy for Lotus' breach of the foregoing is Lotus' indemnification obligations under Section 8. 7.3 EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, (A) EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE UNDER THIS AGREEMENT, AND (B) LOTUS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON -INFRINGEMENT. SECTION 8. INDEMNIFICATION. 8.1 General. Lotus ("Indemnifying Party") shall indemnify, defend, and hold harmless City and its officers, directors, employees, agents, affiliates, successors, and permitted assigns ("Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees and costs, incurred by Indemnified Party (collectively, "Losses"), arising out of or resulting from any claim of a third party arising out of or occurring in connection with: (a) bodily injury, death of any person or damage to real or tangible, personal property resulting from Indemnifying Party's willful, fraudulent or negligent acts or omissions; or (b) Indemnifying Party's negligence, willful misconduct, or material breach of this Agreement, including but not limited to material breach of any representation or warranty made by Indemnifying Party in this Agreement. 8.2 Intellectual Property Infringement. Lotus shall defend, indemnify, and hold harmless City Indemnitees from and against all Losses awarded against a City Indemnitee in a final judgment based on a claim that any of the Services or Deliverables or City's receipt or use thereof infringes any Intellectual Property Right of a third party; provided, however, that Lotus shall have no obligations under this 8.2 with respect to claims to the extent arising out of (a) any instruction, information, designs, specifications, or other materials provided by City in writing to Lotus; (b) City's use of the Deliverables in Page 492 of 1019 combination with any materials or equipment not supplied to City or specified by Lotus in writing; or (c) any modifications or changes made to the Deliverables other than by Lotus. SECTION 9. LIMITATION OF LIABILITY. EXCEPT FOR OBLIGATIONS TO MAKE PAYMENT, INDEMNIFICATION OBLIGATIONS, LIABILITY FOR BREACH OF CONFIDENTIALITY, OR LIABILITY FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY UNFORESEEABLE LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR FOR ANY UNFORESEEABLE CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF BREACH OF CONTRACT. SECTION 10. INSURANCE. Lotus shall, at its own expense, maintain and carry insurance in full force and effect as described in the attached Insurance Schedule. SECTION 11. MISCELLANEOUS. 11.1 Conflict of Interest. Lotus represents, warrants, and covenants that no relationship exists or will exist during this Agreement this Agreement period between Lotus and City that is a conflict of interest. No employee, officer or agent of Lotus shall participate in the selection or in the award if a conflict of interest, real or apparent, exists. The provisions of Iowa Code ch. 68B shall apply to this Agreement. If a conflict of interest is proven to City, City may terminate this Agreement and Lotus shall be liable for any excess costs to City as a result of the conflict of interest. Lotus shall establish safeguards to prevent employees, consultants, or members of governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by the desire for private gain for themselves or others with whom they have family, business, or other ties. Lotus shall report any potential, real, or apparent conflict of interest to City. 11.2 Agreement Documents. The Agreement Documents are this Agreement, the Request for Proposal, Lotus' Proposal, and the following additional documents, if any: In the event of a dispute with respect to any term or condition in the Agreement Documents, they shall be interpreted in the following order: this Agreement, the Request for Proposal, the Lotus' Proposal, and the following additional documents, if any. 11.3 Disputes. Should any disputes arise with respect to this Agreement, the Parties agree to act immediately to resolve such disputes. Time is of the essence in the resolution of disputes. Lotus agrees that, the existence of a dispute notwithstanding, it will continue without delay to carry out all of its responsibilities under this Agreement that are not affected by the dispute and City shall continue to make payment for all Services properly performed. Should Lotus fail to continue to perform its responsibilities regarding all non - disputed work, without delay, any additional costs incurred by City or Lotus as a result of such failure to proceed shall be borne by Lotus. The unintentional delayed payment by Page 493 of 1019 City to Lotus of one or more invoices not in dispute in accordance with the terms of this Agreement will not be cause for Lotus to stop or delay Services. 11.4 Force Majeure. A party shall be excused from its obligations under this Agreement if and to the extent and during such time as the party is prevented, impeded, or hindered, unable to perform its obligations or is delayed in doing so due to events or conditions outside of the party's reasonable control and after the party has taken reasonable steps to avoid or mitigate such event or its consequences (each a "Force Majeure Event") including, without limitation in any way, as the result of any acts of God, war, fire, or other casualty, riot, civil unrest, extreme weather conditions, terrorism, strikes and/or labor disputes, pandemic, epidemic, quarantines, government stay-at-home orders, municipal and other government orders, failure of Internet, or other matter beyond the control of such party. Upon the occurrence of a Force Majeure Event, the party incurring such Force Majeure Event will promptly give notice to the other party identifying the Force Majeure Event, explaining how it impacts performance and the estimated duration, identifying the relief requested, agreeing to limit damages to the other party and to immediately resume performance upon termination of the Force Majeure Event, and agreeing to supplement the notice as more information becomes available, and thereafter the parties shall meet and confer in good faith in order to identify a cure of the condition affecting its performance as expeditiously as possible. No obligation to make a payment required by this Agreement is excused by a Force Majeure Event. The nonperforming party shall not be entitled to any damages or additional payments of any kind for any such delay. 11.5 Laws and Regulations. This Agreement shall be governed, interpreted and enforced in accordance with all applicable federal, state, and local laws, ordinances, licenses and regulations and shall apply to this Agreement throughout, as the case may be. Lotus certifies that in performing this Agreement it will comply with all applicable provisions of the federal, state, and local laws, ordinances, licenses and regulations. Venue for any action arising out of this Agreement shall be the Iowa District Court for Dubuque County, Iowa. SECTION 12. LEGAL COMPLIANCE. 12.1 Developer is responsible for compliance with all applicable laws, statutes, rules, regulations, and ordinances which may apply to the performance of Developer's obligations under this Agreement, including but not limited to the laws outlined in Exhibit C, and hereby represents and warrants that Developer is in compliance with the same as of the Closing Date and further represents that during the Term Developer will remain in compliance. Developer shall require all contractors and subcontractors providing services under this Agreement shall also certify compliance with this Section. 12.2 Developer further represents and warrants that Developer has obtained all necessary permits and licenses that may be required to carry out the obligations pursuant to this Agreement, including any permits and licenses that might be required by the state Page 494 of 1019 or locality in which Developer performs the Services, and Developer agrees to maintain, at Developer's sole expense, such required permits and licenses for the duration of the term(s) of this Agreement. 12.3 No Gift Standard. The City of Dubuque is committed to upholding the highest ethical standards in all of its business practices. This standard recognizes the need to avoid even the perception of improper gifts or favors to employees. Therefore, all supplies have been asked to abide by City's "No Gift" standard. The "No Gift" standard also applies to all offers of discounts or free items at any place of business targeted toward a City employee and not available to the general public regardless of the value. 12.4 Non -Collusion Statement. Neither Lotus, nor anyone in the employment of Lotus, has employed any person to solicit or procure this Agreement nor will Lotus make any payment or agreement for payment of any compensation in connection with the Agreement. There is no contract, agreement or arrangement, either oral or written, expressed or implied, contemplating any division of compensation for Services rendered under this Agreement or participation therein, directly or indirectly, by any other person, firm or corporation, except as documented in this Agreement. Neither the Lotus, nor anyone in the employment of Lotus, has either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive procurement in connection with this Agreement. 12.5 Non -Discrimination and Equal Opportunity. All contractors that engage in contracts with the City of Dubuque, Iowa agree as follows: Contractors will not discriminate against any employee or applicant for employment because of race, sex, color, creed, ancestry, national origin, marital status, familial status, religion, age, disability, sexual orientation, gender identity, genetic information, status with regard to public assistance, status as a veteran or any classification protected by federal, state, or local law, (Protected Classes) except where age and sex are essential bona fide occupational requirements, or where disability is a bona fide occupational disqualification. Such action shall include, but not be limited to the following; (a) Employment, (b) Upgrading, (c) Demotion or transfer, (d) Recruitment and advertising, (e) Layoff or termination, (f) Rate of pay or other forms of compensation, and (g) Selection for training, including apprenticeship. Contractors further assures that managers and employees comply with both the spirit and intent of federal, state, and local legislation, government regulation, and executive orders in providing affirmative action as well as equal opportunity without regard to the protected classes, as stated above. Contractors will include, or incorporate by reference, the provisions of the nondiscrimination clause in every contract or subcontract unless exempt by the rules, regulations or orders of City and will provide in every contract or subcontract that said provision will be binding upon each contractor. 12.6 Regulatory Agency Compliance. Compliance with laws and regulations set forth by regulatory agencies is required. These agencies include, but are not limited to, OSHA — Occupational Safety & Health Agency, EPA — Environmental Protection Agency, ICC — Interstate Commerce Commission, DNR — Department of Natural Resources, and DOT — Page 495 of 1019 Department of Transportation. The City of Dubuque expects that Lotus will offer expertise on conformance of regulations applying to the products they sell and Services they perform. 12.7 Safety Data Sheets. The Hazard Communication Standard (HCS) requires chemical manufacturers, distributors, and importers to ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked and to provide Safety Data Sheets (SDS) to communicate the hazards of hazardous chemical products. It is the chemical supplier's responsibility to determine which products are covered and to provide SDS with the initial shipment. It is also the chemical supplier's responsibility to provide any updated or revised SDS, as they become available for any products sold and delivered to City. City of Dubuque employees shall not accept a shipment of any chemical that does not have a SDS attached or currently on file. Safety Data Sheets shall be available in alternative formats if the requestor is a person with a disability and requires an alternative format for comprehension. 12.8 Suspensions and Debarment. Lotus hereby certifies, pursuant to 2 CFR pt. 180 and 2 CFR pt. 3000, that neither it nor its principles are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Agreement by any federal agency. Lotus further certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any contracts with the City of Dubuque or the State of Iowa. 12.9 Taxes. The City of Dubuque is exempt from sales tax and certain other use taxes. Any charges for taxes from which City is exempt will be deducted from invoices before payment is made. 12.10 Warranties — Services. Lotus shall perform Services for City pertaining to the Project as set forth in this Agreement. Lotus represents that the Services and all of its components shall be free of defects; shall be performed in a manner consistent with other contractors in a similar industry and application; and shall conform to the requirements of this Agreement. Lotus shall be responsible for the quality, technical accuracy, completeness and coordination of all Services performed under this Agreement. Lotus shall, promptly and without charge, provide all corrective Services necessary as a result of Lotus' acts, errors, or omissions with respect to the quality and accuracy of the Services. Lotus shall be responsible for any and all damages to property or persons as a result of Lotus' acts, errors, or omissions, and for any losses or costs to repair or remedy any Services undertaken by City based upon the Services as a result of any such acts, errors, or omissions. Lotus' obligations shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Lotus. 12.11 Warranties - Intellectual Property. Lotus represents and warrants that all the materials and Services produced, or provided to City pursuant to the terms of this Agreement shall be wholly original with Lotus or that Lotus has secured all applicable interests, rights, licenses, permits or other intellectual property rights in such materials Page 496 of 1019 and work. Lotus represents and warrants that the materials and Services, and City's use of same, and the exercise by City of the rights granted by this Agreement shall not infringe upon any other work or violate the rights of publicity or privacy of, or constitute a libel or slander against, any person, firm, or corporation. Lotus further represents and warrants that the materials and Services does not infringe upon the copyright, trademark, trade name, trade dress patent, statutory, common law or any other rights of any person, firm or corporation or other entity. Lotus represents and warrants that it is the owner of or otherwise has the right to use and distribute the Services contemplated by the Agreement. 12.12 Independent Contractors. The parties are independent contractors, and nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between them. Neither party shall be authorized to contract for or bind the other party in any manner whatsoever. 12.13 Notice. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties delivered by email (with confirmation of transmission). 12.14 Entire Agreement; Order of Precedence. This Agreement, together with all Schedules and Exhibits and any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties to this Agreement. In the event of any conflict between the terms and provisions of this Agreement and those of any Schedule or Exhibit, then the terms of this Agreement shall control unless expressly set forth otherwise in the applicable Schedule or Exhibit. 12.15 Assignment. City and Lotus each are hereby bound and the partners, successors, executors, administrators and legal representatives of City and Lotus are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of the Agreement. Any assignment or attempt at assignment made without prior written consent of City shall be void. 12.16 No Third -Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever, under or by reason of this Agreement. 12.17 Amendment and Modification; Waiver. This Agreement may be amended, modified, or supplemented only by an agreement in writing signed by each party hereto. 12.18 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. Page 497 of 1019 12.19 ADA Compliance. 1. Lotus shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101 et seq.) and applicable Federal regulations under the Act 2. Proposals for design, construction, programs, policies and concessions of any type shall comply with the 2010 Standards for Accessible Design, the ADA title II regulation, Section 504 of the 1973 Rehabilitation Act, and similar statutes and regulations prohibiting discrimination on the basis of disability. 3. Lotus shall ensure that its websites and all online services, including those websites or online services provided by third parties upon which Dubuque relies to provide services or content, comply with, at minimum, Web Content Accessibility Guidelines - WCAG 2.0 AA. [SIGNATURE PAGE FOLLOWS] Page 498 of 1019 The parties hereto have executed this Professional Services Agreement and its Statement of Services as of the date first above written. City of Dubuque, Iowa Name: Michael C. Van Milligen Title: City Manager Email: ctymgr@cityofdubuque.org Lotus Engineering and Sustainability, LLC By _ 'Av� Name: Hillary Dobos Title: President Email: hillary@lotussustainability.com Page 499 of 1019 EXHIBIT A Page 500 of 1019 EXHIBIT B Page 501 of 1019 EXHIBIT C Page 502 of 1019 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); Page 503 of 1019 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 504 of 1019 INSURANCE SCHEDULE J Lotus Engineering & Sustainability, LLC 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 or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and subsubconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. 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 505 of 1019 A) B) C) INSURANCE SCHEDULE J (continued) Exhibit I 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 1 3th Street Dubuque, Iowa 52001. 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. 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. Page 506 of 1019 OR If, by Iowa Code Section 85. IA, 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 Noncontributory in favor of the City. E) PROFESSIONAL LIABILITY $2,000,000 If the required policy provides claims -made coverage: 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. F) CYBER LIABILITY/BREACH $1,000,000 Yes_X_No Coverage for First and Third Party breach liability including but not limited to lost data and restoration, loss of income and cyber breach of information. 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, Page 507 of 1019 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 508 of 1019 �l TT__ GRAND RIVER CENTER Tuesday, November 18, 2025 City of Dubuque Governance Session Mia Burbach City Hall, 50 W 13th Street Dubuque, Iowa 52001 Dear Mia Burbach, ®VG OAK VIEW GROUP EVENT CONTRACT Governance Session Thank you for choosing the Grand River Center to host Governance Session! We are looking forward to assisting you with the details to make your event a memorable experience for you and your attendees. Please review this agreement carefully, sign, and return. Once signed, we will counter -sign and send you a copy for your records. Upon completion of the booking process, we will work with you on the details of your event, including scheduling, setups, catering, audio/visual services, and much more. If you have any additional questions, please do not hesitate to reach out to me. Thanks again, Sincerely, Rachel Clisch Director of Sales and Marketing Grand River Center- proudly managed by Oak View Group Email: rachel.clisch@oakviewgroup.com Phone: 563.239.9301 3603-65-65-11585 January 12, 2026 1 /9 Page 509 of 1019 EVENT TIMELINE Date Time Function Space Setup AGR Mon, 1/12/2026 4:00 PM-5:00 PM Set Up Meeting Room 4 5:00 PM-9:30 PM Dinner & Program Meeting Room 4 9:30 PM-10:00 PM Tear Down Meeting Room 4 15 RENTAL Date Time Room Price Discount- Total' 1/12/2026 4:00 PM - 10:00 PM Meeting Room 4 $500.00 $300.00 $200.00 Subtotal $500.00 Less Discounts $300.00 Flat Discount $300.00 Rental Total $200.00 Event Charges $500.00 Less Discounts $300.00 Flat Discount $300.00 Subtotal $200.00 EVENT TOTAL $200.00 This License Agreement (the "Agreement") is between (i) Oak View Group ("Operator") as agent on behalf of the City of Dubuque, Iowa ("Owner"), and (h) the Licensee set forth above. Bach Owner is the owner of the Facility and has engaged Operator to manage and operate the Facility. Operator is authorized by Owner to license the use of the Facility to others for the purpose of holding certain events. The purpose of this Agreement is to set forth the terms and conditions on which Operator is granting Licensee a license to use the Facility for the purpose of holding the Event. By signing below, the parties acknowledge receipt and understanding of all the terms and conditions herein, including the below Standard Terms and Conditions. 2/9 Page 510 of 1019 STANDARD TERMS AND CONDITIONS 7. Grant of License; Licensed Premises. Subject to the terms and conditions of this Agreement, Operator grants to Licensee a license to use the Licensed Premises during the Term, for the limited purpose of holding the Event (and for associated load in, set up, and load out of the Event, if applicable) and not for any other purpose. Licensee shall not have access rights or privileges in or to any other part of the Facility besides the Licensed Premises, except for the privilege of ingress and egress through the public corridors at the Facility, on a non-exclusive basis, as necessary to utilize the Licensed Premises. Unless agreed otherwise in writing by Operator, the Event shall be by "Invitation only" and will not be open to the public. Licensee shall use the Licensed Premises to hold and present the Event in accordance with the terms and conditions of this Agreement and all rules and regulations of Operator or Owner pertaining to the Facility (the "Facility Rules"), as modified from time to time upon notice to Licensee. 2. Term. The Term shall be as set forth above. If the Term is extended (which may occur only with the prior written consent of Operator) Licensee shall be solely responsible for all costs and expenses incurred or required In connection with such extension. In addition, if the Event (or any session thereof) runs beyond the agreed end time on any of the Event nights, or if load -out runs beyond the proscribed time, Licensee shall be liable for any additional expenses incurred by Operator, including but not limited to payments to union labor, if applicable. 3. Duties of Operator. Operator, at the cost and expense of Licensee except or as otherwise provided hereunder, shall provide (or cause to be provided) the following in connection with the Event (the cost of which shall collectively constitute "Costs"): (a) Staffing. Any and all personnel as may be required by Operator (in its sole discretion) to properly staff the Facility for the Event and for the proper and safe presentation of the Event, including, without limitation, personnel to set up and take down the Event (including all riggers), security personnel, ushers, crowd control, first aid (EMT), fire personnel, supervisors, electricians, janitorial staff, audio visual technicians, telecommunications staff, concession and catering staff, and other necessary support services customarily provided by Operator for a like event, as applicable; and (b) Additional Requested Items and Services. Additional items, personnel, and services, which Licensee requests to be provided in connection with the Event and which Operator is reasonably able to provide, such as stagehands for set-up, take down and productions, additional production requirements, and lighting and/or sound equipment other than the current sound or lighting system in the Facility, all of which shall be subject to the approval of Operator. It is understood by Licensee that services, labor, and equipment will be provided only to the extent of existing available inventory and in consideration of other Facility events and activities. 4. Food and Beverage. The F&B Provider shall have the exclusive right to provide food and beverage services in connection with the Event. The "F&B Provider" shall be the Operator or, if applicable, any third party the Facility has contracted with to be the exclusive food and beverage provider for the Facility. No other individual or organization is permitted to bring food or beverage products into the Facility, without the express written consent of Operator. (a) Food & Beverage Fee. Licensee shall pay the F&B Provider for all food and beverage services provided at the Event (the "F&B Fee"). Licensee acknowledges that the F&B Fee has been established based on Licensee's representation that the F&B Fee hereunder will be no less than the F&B Minimum. In the event the actual F&B Fee is less than the F&B Minimum, Operator shall have the right to increase the F&B Fee to the F&B Minimum. (b) Banquet Event Order. No later than 21 days prior to the Event, Licensee and F&B Provider shall enter into a banquet event order form including the specific menu items and estimate of number of people attending the Event for whom such items will be provided (the "BEO"). Such BEO shall include an estimate of the F&B Fee and additional terms and conditions as may be required by the F&B Provider. No later than 5 business days prior to the Event, the BEO shall be revised to reflect any changes to the guaranteed number of people attending the Event. Once such BEO is entered into, Licensee shall be required to pay, at a minimum, the F&B Fee specified therein, regardless of any subsequent changes requested to the menu or attendance number. Unless otherwise agreed by Operator, the remaining balance of the F&B Fee not previously paid to the F&B Provider shall be paid by Licensee by money order, wire transfer, or certified check on the day of the Event. (c) All catered events are subject to a Management Charge that will be assessed at the rate in effect at the time of any event. While that rate is currently set at 22% of the goods and services provided, it is subject to increase by up to an additional 2% (to 24%) upon notice to Licensee. This Management Charge is the sole property of the food/beverage service company or the venue owner/operator, as applicable, and is used to cover costs and expenses in connection with the catered event and administration of the event (excluding employee tips, gratuities, and wages), and is not charged in lieu of a tip or gratuity. For avoidance of doubt, the Management Charge is not a tip or gratuity, 3/9 Page 511 of 1019 nor is it purported to be a tip or gratuity for any employee who provides services to guests (e.g., wait staff employee, service employee, service bartender, and the like), and no part of the Management Charge will be distributed (as a tip, gratuity, or otherwise) to any employee who provides service to guests, 5. Fees; Deposits. (a) License Fee. Licensee shall pay Operator the following amounts (collectively, the "Fee"), and unless otherwise set forth above, the entire Fee shall be paid to Operator in advance of the Event: 1. Base License Fee; plus 2. F&B Fee; plus 3. Costs as set forth above, and any and other expenses that Licensee is obligated to reimburse Operator for under this Agreement. (b) Non -Refundable Deposit. A non-refundable Deposit in the amount set forth above is payable to Operator upon execution of this Agreement. Such Deposit shall be credited to the Fee at settlement. Licensee shall not be entitled to the payment of any interest whatsoever on the Deposit. If the Deposit (or any portion thereof) is not paid on or before the due date(s) specified above, Operator may terminate this Agreement, in its sole discretion, by providing written notice of termination to Licensee. Any such termination shall be in addition to any other rights or remedies available to Operator at law or in equity arising out of such breach by Licensee, including Operator's right to recover damages. Any additional Costs relating to changes in the Event requirements shall, unless otherwise agreed by Operator, be paid by Licensee by money order, wire transfer, or certified check on the day of the Event, unless otherwise agreed by Operator in advance. (c) Interest: Payment. In the event Licensee fails to remit payment when due of any amounts due, interest shall accrue on such overdue amounts at the rate of 1.5 % per month (18% per annum), or the maximum rate permitted by law, whichever is less. Unless otherwise agreed by Operator, all payments hereunder shall be made by money order, wire transfer, or certified check. Event Requirements. Licensee shall provide to Operator all necessary set-up instructions (personnel, equipment, utilities, layout, etc.) for the Event no later than 30 days prior to the Event (or, if this Agreement is executed less than 30 days prior to the Event, then immediately upon execution hereof) which shall include a copy of a full and complete floor plan for the Event (the "Event Plan"). If such Event Plan is not provided to Operator by such date, or if changes are made to the Event Plan after they have been provided to Operator, and Operator incurs additional costs or expenses as a result of such changes, Licensee shall be solely responsible for such additional costs and expenses at Operator's prevailing rates. No set-up of any exhibits may begin without proof of approval of the Event Plan by the local Fire Department/Fire Marshal for the town or city in which the Facility is located (the "Fire Department"), as applicable, and by the Operator. Advertising and Promotion. Licensee shall not publicize, or permit to be publicized, the Event prior to the execution of this Agreement by Operator. Licensee represents and warrants that (i) it has all necessary rights, title, and license in and to any advertising or promotion of the Event, and (ii) that all advertising of the Event will be accurate, truthful, and will include accurate information of the Event times and ticket prices (if applicable). All Event -related advertising will be subject to the prior written approval of Operator, not to be unreasonably withheld. All print and broadcast materials associated with the Event shall use the official Facility name/logo as provided by Operator. Operator has no responsibility whatsoever to advertise or market the -Event. Operator reserves the right to display or sell, without limitation, advertising, and promotions within and around the Facility, and to retain all income from such display or sale. Licensee shall not interfere with, block, remove, or otherwise disturb advertising or promotions within or around the Facility without the prior written consent of Operator. Signs containing commercial or sponsored advertising messages must be approved in advance in writing by Operator. 8. Permits and Licenses. Prior to the Event, Licensee shall procure, at its expense (1) all licenses, permits, and approvals required under applicable laws in connection with Its use of the Licensed Premises for the Event, including, without limitation, any licenses, permits, or approvals required by the Fire Department, and (11) all licenses required by any performance rights organizations, such as ASCAP, BMI, GMR, SESAC and SOCAN, for music or other works to be utilized or displayed in connection with the Event. Copies of such licenses and proof of payment therefor shall be provided to Operator upon request. Notwithstanding anything contained herein to the contrary, Licensee shall not be required to secure any permits for the general day-to-day occupancy of the Facility, or any music licenses which have previously been secured by Operator or Owner, as communicated in writing to Licensee. 9. Indemnification; Limitation on Liability; No Warranties; Risk of Loss. (a) Indemnification. Licensee hereby agrees to indemnify and defend Operator, Owner, any and all Facility vendors, and any other present or future lender providing financing to, or in connection with, the construction or operation of, the Facility, and each of their respective successors and assigns, and all past, current, and future agents, representatives, servants, officials, regents, officers, directors or supervisors, consultants, and employees of the foregoing (collectively, the "Facility Parties") from and against any and all claims, suits, losses, injuries, damages, liabilities, and expenses, including, without limitation, 4/9 Page 512 of 1019 reasonable attorneys' fees and expenses (collectively, "Claims or Costs"), occasioned in connection with, arising or alleged to arise, wholly or in part, from (1) any breach of this Agreement by Licensee, (11) the exercise by Licensee of the privileges herein granted, or (iii) the acts or omissions, or violation of any applicable law, rule, regulation, or order, of or by Licensee or any of Its agents, owners, officers, directors, members, managers, representatives, contractors, exhibitors, employees, guests, or invitees (collectively, the "Licensee Parties"). (b) Limitation on Liability. Operator shall not be liable under any circumstances to Licensee for any indirect, special, punitive, or consequential damages, or loss of revenue or profits arising in connection with this Agreement, even if Licensee has been advised of the possibility of such damages. (c) Condition of Facility. Operator makes no warranty or representation to Licensee of any kind (express or implied) regarding the suitability of or compliance with applicable laws, of the Facility, the Licensed Premises, or any portion thereof, as built, for any aspect of the use Licensee expects or intends to make of the Facility. Licensee further agrees that the Facility and specifically the Licensed Premises are being provided "AS IS", "WHERE IS" and "WITH ANY AND ALL FAULTS" and without warranty, express or implied, as to the merchantability or fitness for the use thereof for any particular purpose. (d) Risk of Loss. None of the Facility Parties shall be responsible or liable for any injury or death to any person or loss or damage to the personal property sustained by any Licensee Party resulting from any condition, accident, or occurrence in or upon the Licensed Premises, unless such injury, loss, or damage is due to the gross negligence or willful misconduct of a Facility Party. Licensee acknowledges and agrees that all of its property or property of others in the Facility shall be used and/or stored in the Facility at the sole risk of Licensee, and Licensee on behalf of itself and each Licensee Party hereby waives and releases the Facility Parties from any and all Claims or Costs related thereto to the fullest extent permitted by law. (e) Survival. The provisions of this Section 9 shall survive any expiration or termination of this Agreement. 10. Insurance. (a) Required Coverage / Required Terms. Licensee shall, at its sole cost and expense, acquire and maintain throughout the Term, insurance as required on Exhibit A, attached hereto, and comply with all terms contained therein. (b) Failure to Obtain Insurance. Operator shall also have the right to prohibit Licensee or any of the Licensee Parties from entering the Facility until such certificates or other evidence that insurance has been obtained in complete compliance with this Agreement Is received by Operator. Licensee's failure to maintain the insurance required herein shall be a material breach of this Agreement by Licensee and shall entitle Operator to terminate this Agreement upon notice to Licensee. IN THE EVENT OF SUCH TERMINATION BY OPERATOR, THERE SHALL BE NO FURTHER LIABILITY OF ANY KIND OR NATURE WHATSOEVER BY OPERATOR TO LICENSEE, AND OPERATOR SHALL RETAIN THE RIGHT TO PROCEED WITH A LEGAL ACTION AGAINST LICENSEE TO RECOVER ANY AND ALL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS) SUSTAINED BY OPERATOR BY REASON OF LICENSEE'S DEFAULT HEREUNDER. (c) Non-Complianco. In the event that Licensee fails to procure and present the required insurance, Operator shall have the right, but not the obligation, to do so on Licensee's behalf and at Licensee's expense and shall be entitled to reimbursement for the costs thereof as part of the Fee. 11. Use of the Licensed Premises. (a) Duty of Care: Return of Facility. Licensee shall use the Licensed Premises in a safe and careful manner. Licensee shall not (and shall ensure that all Licensee Parties do not) mar, deface, or injure any part of the Facility. Upon conclusion of the Term, Licensee shall deliver the Licensed Premises in as good condition and repair and in the condition received at the beginning of the Term, normal wear and tear excepted. (b) Return of Prooedy. Immediately following the Event but no later than conclusion of the Term, Licensee shall immediately remove from the Licensed Premises any and all property, goods, or other effects belonging to, or brought into the Facility by, any Licensee Party. If Licensee fails to do so, Operator may store or cause to be stored any such property at Licensee's expense. Alternatively, Operator may deem such property to be abandoned and sell such property in such a manner and to such an extent as is permitted by applicable law and apply the proceeds of such sale(s) in a manner determined by Operator in its sole discretion. (c) Operator Access and Control. In licensing the use of the Licensed Premises to Licensee, it is understood that Operator does not relinquish the right to control the management thereof and to enforce all necessary rules and regulations. Operator shall at all times have the right to limit the number of people attending the Event, for the purpose of ensuring the safety of people and property at the Facility. (d) Disorderly Conduct. Operator reserves the right at all times to refuse admission to or to cause to be removed from the Event, the Licensed Premises, and/or the Facility any disorderly person, including Licensee's employees, agents, contractors, exhibitors, guests, and invitees, as determined by Operator in its sole discretion, and in the event of the exercise of such authority, Licensee hereby waives any and all claims for damages against Facility Parties on account 5/9 Page 513 of 1019 thereof. (e) Other Events. Licensee acknowledges that other events or activities may be scheduled within the Facility during the Term in areas other than the Licensed Premises. Licensee acknowledges that the public parking areas surrounding the Facility are not exclusive to or for the Event. Licensee agrees to adhere to a "good neighbor" policy and will not permit or allow to be permitted, any activity in the Licensed Premises that will disturb use of other areas of the Facility by any other individual, entity, organization, or event. (f) Broadcasting. Licensee shall not televise or broadcast the Event or any part thereof without the prior written approval of Operator, which may be withheld in Operator's sole discretion, and may further be conditioned on Licensee (or an applicable third party) paying an additional fee for the privilege to broadcast the Event, and/or Licensee procuring additional insurance to cover such broadcasting activities. (g) Coat Check. Unless otherwise agreed by Operator in writing, Operator reserves the exclusive right to operate, or contract for the operation of, a coat checkroom, and to retain all revenue in connection therewith. 12. Non -Discrimination / Americans With Disability Act. Licensee agrees not to discriminate against any employee or applicant for employment to be employed in the performance of or in relation to this Agreement, with respect to the hire, tenure, terms, conditions, or privileges of employment, or any other matter directly or indirectly related to such employment, whether on account of race, creed, marital status, color, religion, national origin, ancestry, age, sex, sexual orientation, gender identity, disability, or handicap, except where based on a bona -fide occupational qualification. With respect to the Event, Licensee recognizes that it is subject to the provisions of Title III of the Americans With Disabilities Act, as amended ("ADA" ). To the extent that Licensee reconfigures, modifies, alters, rearranges, or otherwise prepares or "sets up" the Licensed Premises or any other portion of the Facility in order to accommodate the Event, Licensee shall be responsible for ensuring that such areas comply (and continue to comply throughout the Term) In all respects with the ADA, including without limitation with regard to accessibility, usability, and configuration. Licensee shall be solely responsible for providing auxiliary aids or any modification of the Licensed Premises or other portions of the Facility that may be required in order to accommodate the Event, and for ensuring that the policies, practices, and procedures it applies in connection with the Event are in full compliance with the ADA. 13. Termination. Either party may terminate this Agreement in the event the other party fails to perform any of its material obligations under this Agreement, and such failure has not been cured within 15 days (or 5 days in the event of a payment default) after the date on which the breaching party receives written notice describing such breach in reasonable detail. Notwithstanding the foregoing, in the event Licensee fails to provide the insurance certificate(s) required herein by the date due hereunder, or if Operator or Owner may suffer irreparable harm as a result of the breach by Licensee, Operator shall not be required to wait any period of time before terminating this Agreement or pursuing any remedies hereunder or under applicable law. Any termination of this Agreement shall not prejudice any other right or remedy available to the non -breaching party at law or in equity. In the event Operator terminates this Agreement due to a breach or default by Licensee, Operator may retain as damages any fees paid by Licensee under this Agreement (including the Deposit), without prejudice to any other legal rights or remedies Operator may have. 14. Loss of Use of Facility; Force Majeure. (a) "Event of Force Majeure" Defined. "Event of Force Majeure" means any occurrence or condition beyond the reasonable control of the party asserting it that prevents such party from performing its obligations under this Agreement and may include, without limitation, fire, earthquake, flood, pandemic, epidemic, act of God, strike, lockout, or other labor dispute; provided, however, that under no circumstances shall the monetary inability of a party to perform be considered an Event of Force Majeure. (b) Loss Affecting the Facility or Event of Force Majeuro Affecting Operator. Should the Facility or any material part thereof be destroyed or damaged by fire or by any other cause, or if any other Event of Force Majeure shall render the fulfillment of this Agreement by Operator impractical, this Agreement shall terminate, and Operator shall not be liable or responsible to Licensee for any damage or loss caused thereby. In such event, and provided that such casualty loss of Event of Force Majeure was not caused by an act or omission of Licensee or its employees, agents, representatives, or affiliated parties, Operator shall return the Deposit to Licensee, less any out-of-pocket costs incurred by Operator in connection with the Event (for which Licensee shall remain liable). (c) Event of Force Majeure Affecting- Licensee. Should Licensee be unable to take possession of the Facility or present the Event due to an Event of Force Majeure, without limiting the terms of subsection (b) above, neither Operator nor Licensee shall have any liability under this Agreement and Licensee, as its sole remedy and relief, shall receive a refund of any uncommitted or cancelable advance payments, with the exception of the Deposit, which is nonrefundable. 15. Cancellation of Event by Licensee. In the event of a cancellation by Licensee of the Event no Deposit refund shall be made. Additionally, and unless otherwise indicated by Section 14 above, Licensee shall be obligated to pay the full amount of the Fee contemplated to be due hereunder had the Event actually occurred, Including without limitation the F&B Fee. The parties agree that Operator will be damaged by any such cancellation, and that the exact amount of such damages would be either impossible or inconvenient to prove, and that the amounts set forth in the preceding sentence are a reasonable estimate of the amount of such damages. The parties further agree that such amount shall constitute liquidated damages, and not a penalty of any kind. The remedies set forth in this section are in addition to, and not in lieu of, any other rights or remedies Operator may have, at law or in 6/9 Page 514 of 1019 equity, in the event of a breach or cancellation of this Agreement by Licensee. 16. Miscellaneous. (a) Compliance with Laws: Facility Rules, Taxes. Licensee shall comply with and shall cause all of the Licensee Parties to comply with all laws, regulations, and ordinances applicable to it in connection with its performance under this Agreement as well as all Facility Rules ("Compliance Obligations"). These Compliance Obligations include, without limitation, compliance with all national, state, and local laws, regulations, and ordinances, as well as all Facility Rules implemented to reduce the risk of transmission of COVID-19. Unless otherwise expressly stated herein, any items or services provided by Operator to Licensee to assist Licensee in performing its Compliance Obligations shall be the sole responsibility of Licensee and reimbursable to Operator as Costs. Licensee agrees to pay promptly all taxes assessed on its activities at the Facility hereunder, including any sales tax on the payment of the Fee hereunder (which shall be in addition to the amounts due hereunder). (b) Governing Law: Consent to Exclusive Jurisdiction. This Agreement shall be governed by the internal laws of the state or commonwealth in which the Facility is located, without regard to conflict of laws principles. Any action arising out of or in connection with this Agreement, or the conduct, acts, omissions, or activities of the parties hereunder, shall be brought in the federal or state courts located in the state or commonwealth in which the Facility is located, and the parties hereby submit to the exclusive jurisdiction of, and venue in, those courts. (c) Management Agreement. Licensee recognizes Operator is entering into this Agreement pursuant to its specific authority in the management agreement between Owner and Operator ("Management Agreement') and to the extent such Management Agreement expires or is terminated, or Operator ceases for any reason to be the manager of the Facility, Operator shall have no independent liability under this Agreement and this Agreement shall remain in full force and effect and all performance by Operator shall be rendered by Owner or the Facility's successor manager. If the Facility closes or becomes non -operational, Operator or Owner may terminate this Agreement without liability. (d) Assignment. This Agreement shall not be assigned nor shall Licensee's right to use the Licensed Premises be sublicensed by Licensee without the prior written consent of Operator in each instance, which may be withheld in Operator's sole discretion. Operator may assign this Agreement at any time to any party including, without limitation, any successor owner or operator of the Facility. (e) Waivers. No waiver shall be effective unless it is in writing and is signed by the party to be charged. No delay or failure to exercise any right or remedy accruing to any party shall impair any such right or remedy, nor shall it be construed as a waiver of any future right or remedy. (f) Relationship of the Parties. The parties are independent contractors, and nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. (g) Notices. All notices shall be in writing and shall be deemed delivered 3 days after deposit in the U.S. mail, certified, return receipt requested, to Licensee and Operator at the address set forth above (Attn: General Manager), with a courtesy copy sent via electronic mail. A copy of all notices to Operator to be sent to OVG360, 150 Rouse Blvd., Philadelphia, PA 19112, Attn: Legal Department, Email: OVG3601-eoal aaoakviewgroup.com. (h) Severability. If any provision of this Agreement is declared invalid or unenforceable by an arbitrator or court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. (i) Attorneys' Fees. In case any suit or action is instituted by Operator to enforce compliance with this Agreement, including all appeals, Operator shall be entitled to recover all reasonable costs incurred, including staff time, court costs, attorneys' fees, and all other related expenses, from Licensee, in addition to the costs and disbursements provided under applicable laws. (j) No Third -Party Beneficiaries Entire Agreement. No other party shall be or be deemed to be a third -party beneficiary of this Agreement, except for Owner, who is an intended third -party beneficiary of the obligations of Licensee under this Agreement, entitled to enforce this Agreement directly against the Licensee as if Owner was a party hereto. This Agreement constitutes the entire agreement and understanding of the parties regarding its subject matter, and supersedes any and all prior agreements, understandings, or communications between the parties, whether oral or written. This Agreement may not be amended except by a writing signed by an authorized representative of each party. In the event of a conflict between the terms of this Agreement and the terms set forth in any exhibits or addenda attached hereto, the terms of this Agreement shall govern. This Agreement shall be binding upon and inure to the benefit of all successors and permitted assigns. 7/9 Page 515 of 1019 ACCEPTED AND AGREED: City of Dubuque Oak View Group as agent on behalf of City of Dubuque, Iowa By: k�� 6&1By: Genera `Manager Print Name: Michael C. Van Milligen Title: City Manager Date: Date: 12 8/9 Page 516 of 1019 Exhibit Insurance Obligation Licensee shall obtain, at its own cost and expense, the following insurance: (a) CGLCGL Cov.raae. Licensee shall obtain commercial general liability insurance in the name of Licensee which insures all operations of Licensee (including operations of Licensee as contemplated by this Agreement), and Licensee's contractual undertaking of liability of another and Licensee's assumption of liability, as set forth in this Agreement. Such insurance shall be written with a limit of at least One Million Dollars ($1,000,000.00) for bodily injury, property damage and personal injury, with a Two Million Dollars ($2,000,000) General Aggregate. (b) Workers' Compensation Coverage. Licensee shall maintain, at its own cost and expense, workers' compensation insurance in respect of all employees, players, performers and any borrowed, leased or other person to whom such compensation may be payable by Licensee. (c) Automobile Liability Coverage. If Licensee is operating or causing the operation of vehicles on the premises of the Facility, Licensee shall maintain commercial automobile liability insurance, including coverage for the operation of owned, leased, hired and non -owned vehicles, in the minimum amount of Five Hundred Thousand Dollars ($500,000.00) per accident, combined single limit for personal . injury and property damage. Additional Terms: • Other than in connection with workers' compensation policies, all such insurance shall name Oak View Group and)City of Dubuque, Iowa as additional insureds. The naming of City of Dubuque„ Iowa as an additional insured shall not constitute a waiver of the defenses available to City of Dubuque, under Chapter 670 of the Code of Iowa. • Certificates of Insurance. At least 30 days prior to the Event (or immediately upon execution hereof, if less than 30 days remain before the Event), the Licensee shall provide to the Operator certificate(s) of insurance evidencing the coverages set forth above. • Insurance policies shall be issued by insurance companies authorized to do business by the State of Iowa and have an A.M. Best rating of at least A-Vlll or better for the duration of the Agreement, include a waiver of subrogation in favor of the Facility Parties and be primary and non-contributory with any available insurance policies and programs of self-insurance of the Facility Parties. • Licensee shall not cancel or otherwise modify policies set forth above without 30 business days' prior written notice to Operator and in the event of a non-payment of premium by Licensee, shall issue 10 days' prior written notice to Operator. • Insurance effected or procured by Licensee hereunder will not reduce or limit Licensee's contractual obligation to indemnify and defend the Facility Parties hereunder. • All such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 9/9 Page 517 of 1019 CITY OF DUBUQUE, IOWA AND FOUR MOUNDS FOUNDATION FY 2026 SPECIAL SERVICES GRANT PROGRAM AGREEMENT THIS AGREEMENT, executed on the 111 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 Four Mounds Foundation, 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 Four Mounds Adventure Day Camp program to provide educational, recreational and social programs to youth. 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 518 of 1019 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 $40,745 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 September 1, 2025. 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 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 519 of 1019 Reporting. Organization agrees to submit the final report and remit any unspent grant funds by September 30, 2025. 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. Civil Rights 1) During the performance of this Agreement, the grantee, Four Mounds Foundation, 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 Page 520 of 1019 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); 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). X. 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. FX 0rsy=- Communication and details concerning this Agreement shall be directed to the following agreement representatives: Page 521 of 1019 Recipient Dan Kroger Recreation Division Manager Parks & Recreation Department 2200 Bunker Hill Rd. Dubuque, Iowa 52001 Subrecipient Mary Gronen Board Vice President Four Mounds Foundation 1900 Peru Rd. Dubuque, Iowa 52001 XII. Assignability Agency shall not assign this Agreement or any interest in this Agreement without prior written approval of City. IN WITNESS WHEREOF, the parties have executed this contract with the referenced attachments as of the date first written above. Witness: Adrienne Breitfelder, City Clerk City of Dubuque, Iowa v Michael C. Van Milligen Four Mounds Foundation Mary Gronen, Board Vice President Page 522 of 1019 LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND THE LAMAR COMPANIES This Lease Agreement (the Lease), dated for reference purposes the 1st day of July, 2025, is entered into by and between the City of Dubuque, Iowa (Lessor), whose address for the purpose of this Lease is 50 West 13th Street, Dubuque, IA 52001, and The Lamar Companies (Lessee). SECTION 1. DEMISE AND TERM. 1.1 Lessor, in consideration of the rents, agreements, and conditions herein contained, leases to Lessee the real property described as follows: One (1) side -by -side, 12' x 25' 2-pole structure located on the south property line of the parking lot at 230 South Locust Street, Dubuque, Iowa (the Demised Premises), to have and to hold for a Term commencing July 1, 2025 (the Commencement Date), and terminating at midnight on June 30, 2030, upon the condition that Lessee pays rent therefor, and otherwise performs as in this Lease provided. 1.2 Lessee's use of the Demised Premises is exclusively for advertising on Lessee's existing billboards. The advertising on such billboards is limited to advertisers with a physical location and presence in the following Iowa, Illinois, and Wisconsin counties that are contiguous to the City of Dubuque and Dubuque County: Dubuque County, Iowa Clayton County, Iowa Delaware County, Iowa Jones County, Iowa Jackson County, Iowa Jo Daviess County, Illinois Grant County, Wisconsin 1.3 Lessor makes no representations or warranties of any kind as to the condition, including the environmental condition, of the Demised Premises and Lessee accepts the Demised Premises as is. SECTION 2. RENTAL. 2.1 Dollar Rent Amount. The Dollar Rent Amount for each year of the Term, beginning on the Commencement Date and continuing on each subsequent anniversary date thereof, shall be determined by multiplying the Dollar Rent Amount in effect immediately Page 523 of 1019 prior to the applicable anniversary of the Commencement Date by three percent (3%) of the then -current Dollar Rent Amount. (a) For the period from July 1, 2025 through June 30, 2026 the Dollar Rent Amount shall be Three Thousand Three Hundred Twenty -Six and 00/100 Dollars ($3,326.00). (b) For the period from July 1, 2026 through June 30, 2027, the Dollar Rent Amount shall be Three Thousand Four Hundred Twenty -Five and 00/100 Dollars ($3,425.00). (c) For the period from July 1, 2027 through June 30, 2028, the Dollar Rent Amount shall be Three Thousand Five Hundred Twenty -Eight and 00/100 Dollars ($3,528.00). (d) For the period from July 1, 2028 through June 30, 2029, the Dollar Rent Amount shall be Three Thousand Six Hundred Thirty -Four and 00/100 Dollars ($3,634.00). (e) For the period from July 1, 2029 through June 30, 2030, the Dollar Rent Amount shall be Three Thousand Seven Hundred Forty -Three and 00/100 Dollars ($3,743.00). 2.2 Gross Revenue Adjustment. Lessee shall pay Lessor on August 1, 2026 and on the 1st of August of each year thereafter additional annual rent for the Demised Premises, the difference, if any, between the Dollar Rent Amount or twenty percent (20%) of the Lessee's annual gross revenue from the billboards on the Demised Premises between July 1 and June 30 of the prior twelve (12) month period. Lessee shall provide Lessor with a statement on August 1, 2026 and on the 1st day of August of each year thereafter showing its gross revenue for that prior twelve (12) month period from July 1 to June 30. This Section 2.2 shall survive the termination of this Agreement. 2.3 All invoice payments required by this Lease shall be made payable to "The City of Dubuque, Iowa" and delivered to the City of Dubuque Finance Department, City Hall. Should LESSEE fail to pay rent or perform any other obligation under this Lease within thirty (30) days after such performance is due, LESSEE will be in default under the Lease. In the event of such default, LESSOR must give LESSEE written notice by certified mail and allow LESSEE thirty (30) days thereafter to cure any default. Any payments due not paid in full by thirty (30 days after the due date shall be subject to the lesser of the maximum interest provided by law or the following rates or one percent (1 %) per month. 2.4 Lessee must pay for all utilities serving the Demised Premises during the Term of the Agreement. Page 524 of 1019 2.5 Lessee must reimburse Lessor for any personal property taxes attributable to the Demised Premises within thirty (30) days of receipt of a statement from Lessor for such taxes paid by Lessor. Lessee agrees to pay to Lessor as additional rent an amount equal to personal property taxes upon the real estate of the Demised Premises that accrue during the Term of this Lease (including taxes accrued during the Term but not due and payable until after the Term), upon receipt of a statement from City, accompanied with all statements from any other taxing authority verifying the amount of such accrued taxes. SECTION 3. IMPROVEMENTS. Lessee may not construct on the Demised Premises any improvements, nor alter or enlarge the improvements presently on the Demised Premises (the Improvements) except as may be agreed upon in writing by Lessor and Lessee. Lessor, through its City Manager, has the right to approve the design, appearance, and quality of any such improvements. All improvements presently on the Demised Premises and all Improvements hereafter constructed on the Demised Premises are and will be the property of Lessee during the term of this Lease and upon any termination of this Lease, by reason of any cause whatsoever, Lessee within thirty (30) days thereafter must remove all such Improvements and restore the surface of the Demised Premises to the condition it was in immediately prior to the commencement of the term of this Lease and to the full satisfaction of Lessor. SECTION 4. ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST. Lessee may not encumber by mortgage, deed of trust, or other instrument, its leasehold interest and estate in the Demised Premises, or any Improvements placed by Lessee on the Demised Premises, as security for any indebtedness of Lessee. SECTION 5. REPAIRS AND MAINTENANCE. Lessee must at all times during the term of this Lease, at Lessee's own costs and expense, keep the Demised Premises and the Improvements thereon, in superior order, condition, and repair, casualties and ordinary wear and tear excepted. Lessee must keep the Demised Premises in such condition as may be required by law and by the terms of the insurance policies furnished pursuant to this Lease, whether or not such repair is interior or exterior, and whether or not such repair is of a structural nature. Upon reasonable notice to Lessee, Lessor may, at its discretion, conduct an inspection of the Demised Premises to determine Lessee's compliance with this Section 5. SECTION 6. COMPLIANCE WITH LAW. During the term of this Lease, Lessee must comply with all laws applicable to Lessee's use of the Demised Premises. SECTION 7. USE OF DEMISED PREMISES. Lessee may not use or allow the Demised Premises to be used or occupied for any unlawful purpose or in violation of any certificate of occupancy. Lessee may not suffer any act to be done or any condition to exist within the Demised Premises or in any Improvement thereon, which may be dangerous, unless safeguarded as required by law, or which may, in law, constitute a nuisance, public or private, or which may make void or voidable any insurance in force with respect thereto. 3 Page 525 of 1019 SECTION 8. INSURANCE. 8.1 Lessee Insurance. Lessee agrees to maintain insurance in compliance with City Insurance Schedule A attached as Exhibit A. Lessee shall also maintain, or cause to be maintained, at its cost and expense (and from time to time at the reasonable request of Lessor shall furnish proof of such insurance), property insurance against loss and/or damage to Improvements under an insurance policy written on the Special Perils Form in an amount not less than the full insurable replacement value of the Improvements. The term "replacement value" shall mean the actual replacement cost of the Improvements and equipment and shall be determined from time to time at the reasonable request of City, but not more frequently than once every three years, and paid for by Lessee. 8.2 Lessor Insurance. Lessor agrees to maintain membership in the Iowa Communities Assurance Pool (ICAP). 8.3 Certificates of Insurance. Prior to the time this Lease takes effect Lessee must provide Landlord with a certificate of insurance with these property and liability insurance requirements. A renewal certificate must be provided prior to expiration of the current policies. SECTION 9. INDEMNIFICATION. Lessee will defend, indemnify, and save harmless Lessor from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs, and expenses (including without limitation, reasonable attorneys' fees and expenses) imposed ,upon or incurred by or asserted against Lessor by reason of (a) any accident, injury to, or death of persons or loss of or damage to property occurring on or about the Demised Premises during the term of this Lease and resulting from any act or omission of Lessee or anyone claiming by, through, or under lessee during the term of the Lease; and (b) any failure on the part of Lessee to perform or comply with any of the terms of this Lease. In case any action, suit, or proceeding is brought against Lessor by reason of such occurrence, Lessee must, at Lessee's expense, resist and defend such action, suit, or proceeding, or cause the same to be resisted and defended by counsel approved by Lessor. SECTION 10. CONDEMNATION. If at any time during the term of this Lease, all or substantially all of the Demised Premises or the Improvements thereon are taken in the exercise of the power of eminent domain by the State of Iowa or the United States, then this Lease will terminate on the date of vesting of title in such taking and any prepaid rent will be apportioned as of said date. SECTION 11. ASSIGNMENT AND SUBLETTING. Lessee may not assign or transfer this Lease or sublease the whole or any part of the Demised Premises. SECTION 12. DEFAULT. 4 Page 526 of 1019 12.1 If Lessee fails or neglects to observe, keep, or perform any of the covenants, terms, or conditions contained in this Lease on its part to be observed, kept, or performed, and the default continues for a period of thirty (30) days after written notice from Lessor setting forth the nature of Lessee's default, then and in any such event, Lessor has the right at its option, on written notice to Lessee, to terminate this Lease, and all rights of Lessee under this Lease will then cease. Lessor, without further notice to Lessee, has the right immediately to enter and take possession of the Demised Premises with or without process of law and have Lessee's personal property removed from the Demised Premises by an OSHA Certified Contractor at Lessee's cost and all persons occupying the Demised Premises and to use all necessary force therefore and in all respects to take the actual, full, and exclusive possession of the Demised Premises and every part of the Demised Premises as of Lessor's original estate, without incurring any liability to Lessee or to any persons occupying or using the Demised Premises for any damage caused or sustained by reason of such entry on the Demised Premises or the removal of persons or property from the Demised Premises. This Section 12.1 shall survive the termination of the Lease. 12.2 Section 12.1 notwithstanding, if Lessee fails or neglects to observe, keep, or perform any of the covenants, terms, or conditions contained in this Lease on its part to be observed, kept, or performed three times within the 5-year lease term, upon ten days written notice delivered to Lessee, this Lease is terminated as of the date of such notice with no right to cure. SECTION 13. QUIET ENJOYMENT. Lessor covenants that at all times during the term of this Lease, so long as Lessee is not in default hereunder, Lessee's quiet enjoyment of the Demised Premises or any part thereof will not be disturbed by any act of Lessor, or of anyone acting by, through, or under Lessor. SECTION 14. WAIVER. No waiver by Lessor of any breach by Lessee of any term, covenant, condition, or agreement herein and no failure by Lessor to exercise any right or remedy in respect of any breach hereunder, will constitute a waiver or relinquishment for the future of any such term, covenant, condition, or agreement or of any subsequent breach of any such term, covenant, condition, or agreement, nor bar any right or remedy of Lessor in respect of any such subsequent breach, nor will the receipt of any rent, or any portion thereof, by Lessor, operate as a waiver of the rights of Lessor to enforce the payment of any other rent then or thereafter in default, or to terminate this Lease, or to recover the Demised Premises, or to invoke any other appropriate remedy which Lessor may select as herein or by law provided. SECTION 15. SURRENDER. Lessee must, on the last day of the term of this Lease or upon any termination of this Lease hereof, surrender and deliver up the Demised Premises, but not including Lessee's existing billboard, into the possession and use of Lessor, without fraud or delay and in good order, condition, repair, free and clear of all lettings and occupancies, free and clear of liens and encumbrances. 5 Page 527 of 1019 SECTION 16. NOTICES AND DEMANDS. All notices, demands, or other writings in this Lease provided to be given or made or sent, or that may be given or made or sent, by either party to the other, will be deemed to have been fully given or made or sent when made in writing and deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered, and postage prepaid, and addressed as follows: TO LESSOR: City of Dubuque, Iowa c/o City Manager City Hall 50 W. 13th Street Dubuque, IA 52001 TO LESSEE: LAMAR Advertising of Dubuque c/o Angie Thorngren 1130 Kerper Court Dubuque, IA 52001 The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by the party as above provided. SECTION 17. MISCELLANEOUS. 17.1 Governing Law. It is agreed that this Lease will be governed by, construed, and enforced in accordance with the laws of the State of Iowa. 17.2 Paragraph Headings. The titles to the paragraphs of this Lease are solely for the convenience of the parties and will not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Lease. 17.3 Modification of Agreement. Any modification of this Lease or additional obligation assumed by either party in connection with this Lease will be binding only if evidenced in writing signed by each party or an authorized representative of each party. 17.4 Parties Bound. This Lease is binding on and inures to the benefit of and applies to the respective successors and assigns of Lessor and Lessee. All references in this Lease to "Lessor" or "Lessee" will be deemed to refer to and include successors and assigns of Lessor or Lessee without specific mention of such successors or assigns. SECTION 18. FORCE MAJEURE. A party shall be excused from its obligations under this Agreement if and to the extent and during such time as the party is prevented, impeded, or hindered, unable to perform its obligations or is delayed in doing so due to events or conditions outside of the party's reasonable control and after the party has taken reasonable steps to avoid or mitigate such event or its consequences (each a "Force Majeure Event") including, without limitation in any way, as the result of any acts of God, Page 528 of 1019 war, fire, or other casualty, riot, civil unrest, extreme weather conditions, terrorism, strikes and/or labor disputes, pandemic, epidemic, quarantines, government stay-at-home orders, municipal and other government orders, or other matter beyond the control of such party. Upon the occurrence of a Force Majeure Event, the party incurring such Force Majeure Event will promptly give notice to the other party identifying the Force Majeure Event, explaining how it impacts performance and the estimated duration, identifying the relief requested, agreeing to limit damages to the other party and to immediately resume performance upon termination of the Force Majeure Event, and agreeing to supplement the notice as more information becomes available, and thereafter the parties shall meet and confer in good faith in order to identify a cure of the condition affecting its performance as expeditiously as possible. No obligation to make a payment required by this Agreement is excused by a Force Majeure Event. The nonperforming party shall not be entitled to any damages or additional payments of any kind for any such delay. CITY OF DUBUQUE LESSOR By: /'�l � 19 � - — - Micha I C. Van Milligen City Manager THE LAMAR COMPANIES LESSEE By: Molly Ov on Vice Presiden eneral Manager Page 529 of 1019 EXHIBIT A INSURANCE SCHEDULE A CITY OF DUBUQUE INSURANCE REQUIREMENTS FOR LESSEES OF CITY PROEPRTY AND RIGHT OF WAY LICENSEES OR PERMITTEES Page 530 of 1019 INSURANCE SCHEDULE A Lessee 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, Lease Agreement dated July 1, 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 AM, 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 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 Chief Financial Officer. The lessee, licensee, or permittee must identify and list in writing all deviations and exclusions from the ISO form. 8. If lessees, licensees, or permittee 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 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 and for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include the agent's 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 risk or other special circumstances during the term of the agreement, subject to the written mutual agreement attached hereto. Page 531 of 1019 A) B) INSURANCE SCHEDULE A (Continued) EXHIBIT I 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 the 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) 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 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. IA, the lessee, licensee, or permittee is not required to purchase Workers' Compensation Insurance, the lessee, licensee, or permittee 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 Coverage required: X Yes No Page 532 of 1019 E) F) G) Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If permittees do 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, 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 the abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution products 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. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT Yes X No Amount $ Include the City of Dubuque as Lender Loss Payable. RIGHT-OF-WAY WORK ONLY: UMBRELLA/EXCESS $1,000,000 X Yes No The General Liability, Automobile Liability and Employer's Liability insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation AND Primary and Noncontributory in favor of the City. FLOOD INSURANCE Yes X No If Required Coverage $ Page 533 of 1019 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 670A 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 534 of 1019 Page 1 of 2 A� a"� CERTIFICATE OF LIABILITY INSURANCE ATE (MMIDDIYY D11/19/2025' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Towers Watson Southeast, Inc. c/o 26 Century Blvd P.O. Box 305191 CONTACT WTW Certificate Center NAME: PHONE E 1-877-995-7378C No: 1-888-467-2378 E-MAIL ADDRESS: Oertificates@wtwco.COm INSURERS AFFORDING COVERAGE NAICM Nashville, TN 372305191 USA INSURERA: National Union Fire Insurance Company of P 19445 INSURED Lamar Advertising Company 5321 Corporate Blvd INSURERB: AIU Insurance Company 19399 INSURERC: American Home Assurance Company 19380 INSURERD: Baton Rouge, LA 70908 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: W41849373 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I�TR TYPE OF INSURANCE ADDL SU POLICY NUMBER POLICY M DDYEFF JYYYY POLICY LIMITS X COMMERCIAL GENERAL LmRiLn'Y EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE FKOCCUR TO PREMI ESES S(RENTEDEa occurrence PREMI $ 1,000,000 MED EXP (Any one person) $ 100,000 A Y Y 39BO288 01/01/2025 01/01/2026 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL. AGGREGATE $ 10, 000, 000 POLICY FX PRO JECT 7 LOC PRODUCTS -COMPfOPAGO $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 5,000,000 X BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y AL 4886814 01/01/2025 O1/OL/2026 BODILY INJURY (Peraccident) $ PROPERTYDAMAGE Par eccldent $ HIRED NOWOWNED AUTOS ONLV AUTOS ONLY _ A X UMBRELLALIAR x OCCUR EACH OCCURRENCE_- $ 1,000,000 AGGREGATE $ 2,000,000 EXCESS LIAB CLAIMS -MADE Y BE 020597665 01/01/2025 01/01/2026 DED I X RETENTION $ 25, 000 $ B WORKERS COMPENSATION ANDEMPLOYERS. LIABILITY YIN ANYPROPRIFTOWPARTNEWEXECUTIVE OFFICERMEMBEREXCLUDED? No (Mandatory in NH) 141 Y 080772144 01/01/2025 O1/D1/2025 PER OTH- X. 33ATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E,L,DISEA_SE-EA EMPLOYEE ---- $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 A Automobile Liability - (MA) Y 7031041 01/01/2025 O1/01/2026 Any Auto - CSL $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This Voids and Replaces Previously Issued Certificate Dated 01/01/0001 WITH ID: W41844672. Lamar Dubuque/QC #246 SEE ATTACHED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE l'yV/�' ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Page 535 of 1019 SR iD: 28899888 BATCH: 4213154 AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE AGENCY NAMEDINSURED Willis Towers Watson Southeast, Inc. Lamar Advertising Company �5321 Corporate Blvd POLICYNUMBER (Baton Rouge, LA 70808 See Page 1 CARRIER See Page 1 REMARKS NAIC CODE See Page 1 I EFFECTIVE DATE: See Page 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Page 2 of 2 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, is included as an Additional Insured as respects to General Liability. Waiver of Subrogation applies in favor of 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. with respects to General Liability, Auto Liability, Umbrella Liability and Workers Compensation as permitted by law. Umbrella Follows Form. INSURER AFFORDING COVERAGE: AIU Insurance Company NAIC#: 19399 POLICY NUMBER: WC 080772145 EFF DATE: 01/01/2025 EXP DATE: 01/01/2026 SUBROGATION WAIVED: Y TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Workers Compensation/ E.L. Each Accident $1,000,000 Employers Liability - (CA) E.L. Disease -Ea Empl $1,000,000 Per Statute E.L. Disease-Pol Lmt $1,000,000 INSURER AFFORDING COVERAGE: American Home Assurance Company NAIC#: 19380 POLICY NUMBER: 080772146 EFF DATE: 01/01/2025 EXP DATE: 01/01/2026 SUBROGATION WAIVED: Y TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Workers Compensation/ E.L. Each Accident $1,000,000 Employers Liab-(OR) E.L. Disease -Ea Emp1 $1,000,000 Per Statute E.L. Disease-Pol Lmt $1,000,000 INSURER AFFORDING COVERAGE: AIU Insurance Company NAIC#: 19399 POLICY NUMBER: 080772147 EFF DATE: 01/01/2025 EXP DATE: 01/01/2026 SUBROGATION WAIVED: Y TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Workers Compensation/ E.L. Each Accident $1,000,000 Employers Liab-(WI) E.L. Disease -Ea Empl $1,000,000 Per Statute E.L. Disease-Pol Lmt $14001000 ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 536 of 1019 SR ID:29899888 BATCH:4213154 CERT: W411149373 Dubuque THE CITY OF B TE u Auena pry 'I��'DU I. Masterpiece on the Mississippi 2007.2012.2013 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, Manager by its City Council and endor) Geisler Brothers Co through authority conferred upon the City C�iliTil�TuL� 1500 Radford Road, Dubuque, IA 52002 PROJECT TITLE: (Vendor Address - City and State) WRRC HVAC PM Services at (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: Monthly preventive maintenance services for all HVAC systems located across the various buildings at the Water & Resource Recovery Center (WRRC). Work includes routine inspections, cleaning, adjustments, filter replacement, and performance checks to ensure proper air exchange in critical areas and cooling of equipment such as motor control centers. The work described above shall be completed at the following location(s): 795 Julien Dubuque Drive, Dubuque, IA 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 537 of 1019 and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE — Please include one applicable Insurance Schedule: o Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) o Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box 0 Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors ❑ Insurance Schedule G — Vendors ❑ Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 6. The Vendor shall fully complete the Project under this Contract on or before June 30, 2026 (date) Page 2 of 20 Page 538 of 1019 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 539 of 1019 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 $ 40,000.00 CITY OF DUBUQUE, IOWA VENDOR: 62/09/2025 7 By: fRltvra A,1. i -ichael C. Van Millige--n'—' Date Companv Name City Manager By: Sign lure Date Printed Name '- a,� $�, Title Page 4 of 20 Page 540 of 1019 EXHIBIT A 11114:7M6'V_1LII1Z9191LIQ111 M Z69 The following Terms and Conditions apply to City of Dubuque Transactions: 1. The City of Dubuque is exempt from federal excise tax and Iowa sales tax. 2. The City of Dubuque will not be responsible for payment for any goods delivered without a purchase order. 3. The vendor will send a separate invoice for each purchase order number. All invoices, packages, shipping notices, or the like affecting the order shall contain the applicable purchase order number. The vendor is to submit original invoice to the address shown in the SHIP TO section on the front of this order. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized. 5. It is understood by the vendor that the cash discount period to the City of Dubuque will date from the receipt of the invoice or from the date of the receipt of the goods, whichever is later. 6. The risk of loss of and damage to the goods which are the subject of this order, regardless of the F.O.B. point, is and will remain with the vendor until the goods are delivered to the destination set out in the order and accepted by the City of Dubuque or the authorized City of Dubuque representative. 7. In the event of the vendor's failure to deliver as and when specified, or to perform as and when specified, the City of Dubuque reserves the right to cancel this order, or any part thereof, without prejudice to its other rights, and the vendor agrees that the City of Dubuque may return part or all of any shipment so made and may charge the vendor with any loss expense sustained as a result of such failure to deliver or to perform. 8. In the event any article, service, or process sold, delivered and/or performed hereunder is covered by any patent, copyright, or application for either, the vendor will indemnify and save harmless the City of Dubuque from any and all loss, cost, or expenses on account of any and all claims, suits, or judgments on account of the use or sale of such article or the use of such service or process in violation of such patent, copyright or application for either. 9. In the event any article, service, or process sold and delivered or sold and performed hereunder is defective in any respect whatsoever, the vendor will indemnify and save harmless the City of Dubuque from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to person or property that may happen or occur in connection with the use or sale of such article, or process and are contributed to by said defective condition. Page 5 of 20 Page 541 of 1019 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. 15. As a condition of payment under this agreement, each invoice submitted by the contractor must include, at a minimum: the date and time of service; location and equipment serviced; a detailed description of the work performed; technician name(s); a breakdown of labor hours by individual; itemized list of parts and materials used with associated costs; and a clear distinction between labor, parts, and other charges. Invoices submitted without the required supporting documentation may be returned for correction and will not be processed for payment until complete information is provided. Page 6 of 20 Page 542 of 1019 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 543 of 1019 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: WRRC HVAC PM Services 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 WRRC Department of the City of Dubuque. 4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this contract. 5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Contractor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. Whenever an ISO form is referenced the current edition must be provided. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are higher than the required minimum limit, then the contractor's limits shall be this agreement's required limits. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the contract, subject to written mutual agreement attached hereto. Page 8 of 20 Page 544 of 1019 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 545 of 1019 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 546 of 1019 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 547 of 1019 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 12 of 20 Page 548 of 1019 EXHIBIT C INSURANCE SCHEDULE G Vendor shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description kOperations as to why the certificate was issued. Vendor Service Agreement dated ,* 2. All policies of insur ce required hereunder shall be with an insurer authorized to do busine in Iowa and all insurers shall have a\ished r better in the current A.M. Best's Rating Guide. 3. Each certificate shall to the Finance Department of the City of Dubuque4. The service providerired to carry the minimum coverage/limits, or ater if required by law or other legal agreement, in Eto provide the required minimum covera shall not be deemed a waiver of such requirements bDu que. 5. Failure to obtain or maintain the require surance shall be considere material breach of this agreement. 6. All required endorsements shall be attached t e certificate. Th ertificate is due before the contract/agreement can be approved. 7. Whenever a specific ISO form is referenced the curre ed' ' n of the form must be used unless an equivalent form is approved by the Director of Finance and Budge . e 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 re red minimu limits then the vendor's limits shall be this agreement's required limits. 9. Vendor shall require all subcontractors an ub-subcontractors to obta and maintain during the performance of work insurance for the coverages descri d in this Insurance Schedule a shall obtain certificates of insurance from all such subcontractors and sub- bcontractors. Vendor agrees that it all be liable for the failure of a subcontractor and sub -subcontract o obtain and maintain such coverage. City may request a copy of such certificates from the Vendor. 10. Vendor shall be responsible r deductibles/self-insured retention for payment of all p\cypremiums and other costs associated with the ' urance policies required below. 11. All certificates of ins nce must include agents name, phone number, and email ad 12. The City of Dub a reserves the right to require complete, certified copies of all required insura policies, including end ements, required by this Schedule at any time. 13. The City ofKbuque reserves the right to modify these requirements, including limits, based on Chang in the risk or of ecial circumstances during the term of the agreement, subject to written mutual agreemen attachejFhereto. Page 13 of 20 Page 549 of 1019 INSURANCE SCHEDULE G (continued) A) B) EXHIBIT I COMMERCIAL GENERAL LIABILITY G eraI Aggregate Limit $2,000,000 Pro cts-Completed Operations Aggregate Limit $1,000,000 Perso I and Advertising Injury Limit $1,000,000 Each Oc rrence $1,000,000 Fire Dama Limit (any one occurrence) $50,000 Medical Pay is $5,000 1) Coverage all be written on an occurrence, not claims made, for . The general liability coverage sh be written in accord with ISO form CG 00 01 or siness owners form BP 00 02. All deviations the standard ISO commercial general lia y form CG 00 01, or Business owners form BP 02, shall be clearly identified. 2) Include ISO endors ent form CG 25 04 "Designated ation(s) General Aggregate Limit." 3) Include endorsement i icating that coverage is prim and non-contributory. 4) Include Preservation of vernmental Immunities dorsement (Sample attached). 5) Include additional insured a orsement for: The City of Dubuque, inc ing all its elec and appointed officials, all its employees and volunteers, all its boards, co fissions d/or authorities and their board members, employees and volunteers. Us SO f CG 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right t over from Others endorsement. 7) Policy shall include cancellation and rial change endorsement providing thirty (30) days advance written notice of cancella ' , no enewal, reduction in insurance coverage and/or limits and ten (10) days written notice non -pay t of premium shall be sent to: City of Dubuque Finance Department, 50 Wes th Street Dub ue, Iowa 52001. WORKERS' COMPENSATIO EMPLOYERS LIABILITY Statutory/BeneeII employees injured on the job by acd nt or disease as prescribed by Iowa Code Ch Coveragetate of Iowa Coverageiability h Accident $100,000 h Employee -Disease $100,000 y Limit -Disease $500,000 PolicAhall include Waiver of Right to Recover from Others endorsement. 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 550 of 1019 INSURANCE SCHEDULE G (continued) C) POLLUTION LIABILITY Coverage required: _ Yes _ No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum pro cts, the removal of lead, asbestos, or PCBs. Pollution product and completed operati s coverage shall 36o be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to i ude job site and transportation coverage. 2) Include adds nal insured for: The City o ubuque, including all its elected and appointe icials, all its employees and volunteers, a ' s boards, commissions and/or authorities d their board members, employees and lunteers. Use ISO form CG 20 10. going operations) or its equivalent and CG 20 37(co eted operations). 3) Include Preservation of vernmental Immunities En sement. 4) Provide evidence of cove ra for 5 years after com tion of project. 5) Include endorsement indicati that coverage is ary and non-contributory. 6) Policy shall include waiver of rig to recovery f others endorsement. D) PROFESSIONAL LIABILITY $1,000,000 Coverage required: _ Yes _ No If the required policy provides claims-rrAe coverage: 1) The Retroacti/Datemua shown and must be be a the date of the agreement. 2) Insurance mufined and evidence of insuir ustbe provided for at least five (5) years after cohe work or services. 3) If coverage is non -renewed and not replaced wit nother claims -made policy form with a Retroaior to the date of the agreement, the c tractor must provide "extended reporting" covinimum of five (5) years after completio f the work or services. E) CYBER LIABILITWBREACH $1,000,000 Coverage re red: —Yes _ No \ Covera or First and Third Party breach liability including but not limited to lost data a loss o come and cyber breach of information. F) UJMRELLA/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 551 of 1019 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 oNovernmental Immunity. The insurer expressly agrees and states that the purchas of this policy and the including of the ' of Dubuque, Iowa as an Additional Insured does not waive any of the def es of governmental immunity av ble to the City of Dubuque, Iowa under Code of Iowa Section 670.4 a now exists and as it may be amended from time t 'me. 2. Claims Coverage. The ins r further agrees that this policy of insurance shall cover ly those claims not subject to the defense of governmental imm 'ty under the Code of Iowa Section 670.4 as it now sts and as it may be amended from time to time. Those clai not subject to Code of Iowa Section 670.4 sh e covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. Th City of Dubuque, Iowa shall be r ponsible for asserting any defense of governmental immunity, and may do so at any ti and shall do so upon the ti ly written request of the insurer. 4. Non -Denial of Coverage. The insurer shall no eny coverage un this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuqu owa under t ' policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled favor of e defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of govern n immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARYMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXE Page 16 of 20 Page 552 of 1019 EXHIBIT D INSURANCE SCHEDULE J shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Cont, ont tors presenting annual certificates shall present a certificate at the end of each proj with the final billing. Each ificate shall be prepared on the most current ACORD form approved by the to Department of Insurance or an\Dription nt approved by the Director of Finance and Budget. Each certificate all include a statement undeof Operations as to why the certificate was issued. Eg: Projec or Project Location at construction of 2. All policies of insurance re 'red hereunder shall be with an insurer authorized to doj�usiness in Iowa and all insurers shall have a rating o or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnishe\Fa ce Department of the City of D uque. 4. Failure to provide coverage requurance Schedule shall n e deemed a waiver of these requirements by the City of Dubuo obtain or maintain th equired insurance shall be considered a material breach of this agreemen 5. Contractors shall require all subconsultants and-subconsuyhts to obtain and maintain during the performance of work insurance for the coverages cribed ' his Insurance Schedule and shall obtain certificates of insurances from all such subconsultant n b-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub-subc ultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Cont to 6. All required endorsements shall be attached to t certificate. certificate is due before the contract/agreement can be approved. Whenever a specific ISO form is listed, re fired the current edition oft form must be used, or an equivalent form may be substituted if approved by e Director of Finance and Budg and subject to the contractor identifying and listing in writing all de tions and exclusions from the ISO fok. Contractors shall be required to rry the minimum coverage/limits, or greater if uired by law or other legal agreement, in Exhibit I. If the mractor's limits of liability are higher than the requ d minimum limits then the provider's limits shall be thi greement's required limits. Contractor shall be res nsible for deductibles and self -insured retention for payment of a olicy premiums and other cost associate ith the insurance policies required below. 10. All certificates olAsurance must include agents name, phone number, and email address. 11. The City of buque reserves the right to require complete, certified copies of all required insurance including,phdorsements, 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 553 of 1019 INSURANCE SCHEDULE J (continued) A) B) C) Exhibit I COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Per onaI and Advertising Injury Limit $1,000,000 Ea c ccurrence $1,000,000 Fire Da ge Limit (any one occurrence) $50,000 Medical ments $5,000 1) Cover a shall be written on an occurrence, not claims made, form. T general liability coverag all be written in accord with ISO form CG 00 01 or busin owners form BP 00 02. All deviatio from the standard ISO commercial general liability fo CG 00 01, or business owners form 00 02, shall be clearly identified. 2) Include endorse nt indicating that coverage is primary and -contributory. 3) Include Preservati of Governmental Immunities Endorse nt. (Sample attached). 4) Include additional ins d endorsement for: The City of Dubuque, in ding all its elected and appo' ed officials, all its employees and volunteers, all its boards, missions and/or author s and their board members, employees and volunteers. Use ISO for CG 20 26. 5) Policy shall include Waiver of ht to Recover f m Others endorsement. 6) Policy shall include cancellation a material ange endorsement providing thirty (30) days advance written notice of cancellati non- newal, reduction in insurance coverage and/or limits and ten (10) days written notice of non ent of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Str ubuque, Iowa 52001. AUTOMOBILE LIABILITY Combined Single Limit $1,000\veh Coverage shall include all ow non -owned, and hired vehContractor's business does not own any vehicles, coverage � required on non -owned and his. 2) Policy shaZNSATION e Waiver of Right to Recover from Others end o ment. WORKERS' COM & EMPLOYERS LIABILITY Statutory BenAs covering all employees injured on the job by accident or disease prescribed by Iowa Code Chap 85. Cover A Statutory —State of Iowa Cov ge 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 554 of 1019 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) P LIABILITY $2,000,000 If the requir\ctive provides claims -made coverage: 1) Thive Date must be shown and must be before the date of agreement. 2) Insst be maintained and evidence of insurance must be vided for at least five (5) yealetion of the work or services.3) If cc eled or non -renewed and not replaced with other claims -made policy form witctive to prior to the date of the agreement, t contractor must provide "extended repverage a minimum of five (5) years after c pletion of the work or services. F) CYBER LIABILITY/BREACH Yes No Coverage for First and Third Party breach li ility in loss of income and cyber breach of informatio $1,000 ng but not limited to lost data and restoration, Page 19 of 20 Page 555 of 1019 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 Qf Governmental Immunity. The insurer expressly agrees and states that the purchase o this policy and the including City of Dubuque, Iowa as an Additional Insured does not waive any of the defensiF of governmental immunity ailable to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it exists and as it may be amended from ti to time. 2. Claims Coverage. The surer further agrees that this policy of insurance shall cover on hose claims not subject to the defense of governmental i unity under the Code of Iowa Section 670.4 as it now ex and as it may be amended from time to time. Those ms not subject to Code of Iowa Section 670.4 shall b covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. he City of Dubuque, Iowa shall be resgffisible for asserting any defense of governmental immunity and may do so at an^Lne and shall do so upon the time) ritten request of the insurer. 4. Non -Denial of Coverage. The insurer shal t deny coverage under policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dub e, Iowa under this icy for reasons of governmental immunity unless and until a court of competent jurisdiction has ru in favor of fense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of govern�I immunities shall not otherwise change or alter the coverage available under the policy. SPE ME PE 4 (DEPART NT MANAGER: FILL IN ALL BLANKS AND CHECK B Page 20 of 20 Page 556 of 1019 Dubuque THE C DUUB--*TE 11111.1 2007.2012.2013 2017•2019 Masterpiece on the Mississippi City of Dubuque Transit Department 950 Elm St (address) Dubuque, IA 52001 Phone # 563-589-4196 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 Houck Transit Advertising (Vendor Name) 1025 Tomlyn Ave # 100, Shoreview, MN 55126 (Vendor Address - City and State) PROJECT TITLE: Transit Exterior Advertising (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: Production of Advertising Decals: Provide editable bus templates, review artwork, supply PDF proofs, and secure City and client approval prior to production. Installation & Removal: Contractor responsible for disposal, compliance with DOT signage, inspection within 3-5 business days, and correction of failed inspection within 7 days. Warranty & Quality: One-year warranty against material failure due to fading or peeling. Warranty excludes campaigns not installed by Contractor and damage due to accident. Contractor will manage inventory of advertising campaigns and will provide reports and access to The Jule staff upon request. Contractor will coordinate with Clients to execute print ready files or design a campaign from scratch. Contractor is not responsible for damage to buses from campaigns Contractor did not print and install. For further clarification, please see Section 4.0 of the attached request for proposal (RFP). The work described above shall be completed at the following location(s): The Jule Garage or Houck Transit Advertising's own facility. 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 557 of 1019 and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE — Please include one applicable Insurance Schedule: o Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) o Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box 0 Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors ❑ Insurance Schedule G — Vendors ❑ Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 6. The Vendor shall fully complete the Project under this Contract on or before May 2027 (date) Page 2 of 20 Page 558 of 1019 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 559 of 1019 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 $ According to Vendor's Schedule CITY OF DUBUQUE, IOWA By. -L�—ZIJM4 kL11L12/09/2025 Michael C. Van Mi ligen Date City Manager VENDOR: Houck Transit Advertising Company Name By: Justin Houck Signature Justin Houck Printed Name President Title 11 /3/2025 Date Page 4 of 20 Page 560 of 1019 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 561 of 1019 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 562 of 1019 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 563 of 1019 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: RFP TITLE or Project Location at The Jule Garage 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 Transit 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 564 of 1019 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 565 of 1019 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 566 of 1019 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 567 of 1019 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 12 of 20 Page 568 of 1019 LO o LO LO o LO LO LO o 0 o LO LO LO LO o fl- O N N ti N LO f- � - LO LO I-- = 00 LO � O LO N I- LO I-- 0) LO I-- �t O O O 0) f- 7 Ln Lf) M M 00 Lf) Ln M M 0 Ln (D M M O t 60- ff} ER 60 ff} 60- (79 60- 60- Ef} - 60- (79 60- 60- EF) Ga O N O � H LO O LO LO O LO LO = O O (D LO LO O LO O fl- r-- N N ti 0 0) 0) = = LO I-- O M LO � 00 S O N LO (0 00 I-- N co O O M N N N N E M M N N L() M M N M L( t rr U> Gq ER Ef} 09- Gq El), Gq K> Ga El), Efl U> 60- 60- ER C V i O C N O U LO O LO LO O LO LO LO O O O LO LO LO LO O 00 (0 LO "t LO I- LO (0 Cl) LO fl- r-- 00 Cl) LO O O LO r- 00 LC) f� N M LC) rl 00 O O o0 Cl) N N (0 � N N 00 ��t M co 00 (/> ER H? (79 60- ER U> to 60- (79 U> ER H? (79 60- ER t C O O f0 H LO O LO LO O LO LO O O CD LO LO O LO O (D M (0 (D 0) O 6) O (0 O Lf) fl- LO M M X f� ti tiCl Ln N cM 'zzt ti O = = ="* == N== N N N= M N N N N M Gq ER (f3 ba 60- ER U> Gfl Qf (79 ER (/> ER (79 60- ER V C � O O co U 0 0 0 0 0 0 O� 0 CD ',I- O O LO 0 0 O LO U) O LO LO U) 00 Lf) O M O O N Lf') O O N co co co N co co co O ti I- ti O OI- rr G GO uj �60-�tO � � � uj G} V 7 (p � w O to O d U (0 (0 O N N co M co co Lf) L') LO LO - (D (0 0o N N 0) 0) � It rl_ r- N NN N X LC) X (D X I- X LO(D X X Cl) X fl- X co X I� 6) X 0) X X X r- O ti� CDf- O 0) Lf) n I- LO O Cl) Cl) N N N N d E N N LO 0 _0 0 0 N in in � in N 0 o o 3 3 a o o o cn u� U E 0 /^c�a LL z L L � /^m LL L : /^ccz LL L 0 O (� � Q 0) V O U ^_V w W m E (n � coE Cf) �/ 0 E En r (D U) `i Q (n /� u ) `i 0 0 cn �/ ) �� Q (n Aye/, = N -0 _0 N -0 .2 O O -0 - vL/ MO ,�f( vl/ ��y vLJ MO ,�f( r ,�V a) U) r�1 (D (n 0 ` �,1 in a) Qi Qi > l�^ VJ ,�^ VJ > '�^ VJ ram^ VJ > lam^ VJ lam^ VJ _ V /w LL - L (n N N �1�^`` W /� LL - a) L L �1��1�� W - LL Q (D L L + V � 0 4 r __ � __ � ca (n C� > L > L yr V� -_ � - � cn m > L > L yr V- __ � _ � � C� > L > L > LL LL �N/ LL � L6 LL LL d 0 0 O6 LL LL a- 0 0 d J M N Page 569 of 1019 AGREEMENT FOR TRANSIT BUS ADVERTISING PRODUCTION, INSTALLATION, AND REMOVAL This Agreement ("Agreement") is entered into as of October 29 , 2025, by and between: CITY OF DUBUQUE, IOWA - Transit Division ("City") 950 Elm Street, Dubuque, IA 52001 and HOUCK TRANSIT ADVERTISING, INC. ("Contractor") [Insert Company Address] 1. Term The term of this Agreement shall commence on 11/15/2025 , and continue through 05/30/2027 with the option to renew for up to two (2) additional one (1) year terms by mutual written agreement. 2. Scope of Services Contractor shall provide the following services: a. Production of Advertising Decals: Provide editable bus templates, review artwork, supply PDF proofs, and secure City and client approval prior to production. b. Installation & Removal: Contractor responsible for disposal, compliance with DOT signage, inspection within 3-5 business days, and correction of failed inspection within 7 days. c. Warranty & Quality: One-year warranty against material failure due to fading or peeling. Warranty excludes campaigns not installed by Contractor and damage due to accident. d. Contractor will manage inventory of advertising campaigns and will provide reports and access to The Jule staff upon request. e. Contractor will coordinate with Clients to execute print ready files or design a campaign from scratch. f. Contractor is not responsible for damage to buses from campaigns Contractor did not print and install. 3. Pricing & Payment Pricing shall be as set forth in Appendix F - Pricing Sheet. Pricing includes design support, up to three revisions, printing, installation, removal, proof of performance photos, and account management. a. Contractor will invoice Client directly for printing and production of campaign upon contract execution between City and Client. b. Pricing includes: Page 570 of 1019 a. Campaign design & account management b. Printing c. Installation d. Removal e. Proof of Performance pictures c. Additional charges may apply to City: a. Removal of campaigns Contractor did not print and install or for material that has been on for 3 or more years. i. Contractor will invoice City in the amount of $S00 for the removal of wraps. ii. For removals that exceed 2 hours Contractor will invoice City at a rate of $100/hour. d. In the event a sign or wrap needs to be reproduced due to accident, bus retirement or an event outside of Contractors control Contractor will bill The Jule the replacement cost. 4. Sale of Advertising As spelled out in its proposal Contractor may from time to time place advertising for The Jule on City buses upon approval of City staff. a. Contractor will represent Client and sign an advertising agreement with City. b. Contractor may not contact any current City advertising clients in regards specifically for City advertising needs. c. Any advertising clients Contractor represents must comply with City advertising policy and be approved by City staff. d. Contractor would receive 2S% of the City's advertising rate. 5.Insurance Contractor shall provide insurance as required in Appendix G - Insurance Requirements. 6. City Resources The City will provide bus measurements, fleet listings, and garage access. Contractor must coordinate with the City's Operations Supervisor at least 72 hours before installations or removals. a. The City will provide copies of advertising contracts with Client. b. The City is responsible for communicating the cost and expectations of Printing and Production to Client 7. Indemnification & Compliance Contractor shall indemnify the City as described in Appendix C - Standard Terms & Conditions. Contractor shall comply with all applicable federal, state, and local regulations. Page 571 of 1019 8. Termination Either party may terminate this Agreement at any time with or without cause with a 30 day written notice. Contractor shall be compensated for approved work completed through the termination date. 9. Entire Agreement This Agreement, together with its Appendices, constitutes the full understanding between the parties and supersedes all prior negotiations or representations. 10. Appendices - Appendix C - Standard Terms & Conditions - Appendix F - Pricing Sheet - Appendix G - Insurance Requirements - Appendix H - Pricing Clarifications & Additional Services SIGNATURES CITY OF DUBUQUE, IOWA - Transit Divisi n By: % Name: Michael C. Van Milligen Title: City Manager Date: 12/09/2025 HOUCK TRANSIT ADVERTISING, INC. By: Justin Houck Name: Justin Houck Title: President Date: 11 /03/2025 Page 572 of 1019 HOUCK T R A N S I T LJW 00 A D V E R T I S I N G May 16, 2025 Mr. Joey Lueck City Utilities of Dubuque 50 West 131h Street Dubuque, Iowa 52001 Good Afternoon, Mr. Lueck, Please find the enclosed bid from Houck Transit Advertising for Transit Advertising Services for consideration of our continued interest to serve the City of Dubuque. As a fourth -generation family -owned transit advertising business, Houck Transit Advertising boasts a century -long legacy of trust and reliability. We specialize in empowering businesses to enhance their advertising campaigns and bolster their brands through impactful transit advertising opportunities. Our dedication to exceptional service not only benefits our clients but also generates a steady revenue stream for the transit systems we collaborate with. Moreover, at Houck, we take pride in being more than just a service provider; we consider ourselves reliable partners to the transit systems we engage with. We recognize the significance of supporting the communities we operate in by promoting the sustainability of public transit. Our goal is to cultivate enduring partnerships founded on share prosperity and mutual success. Justin Houck has the authority to bind Houck Transit Advertising to this agreement. Houck has received all addendums. Thank you for your consideration of our proposal and we look forward to the opportunity to serve The Jule! Thank you, *Justinuc President — Houck Transit Advertising 800.777.7290 justin@houckads.com 1025 TOMLYN AVE, STE 100, SHOREVIEW, MN 551261800.777.72901 HOUCKADS.COM Page 573 of 1019 HOUCK T R A N S I T A D V E R T I S I N G Pricing Clarifications: 1. Pricing includes a. Campaign design and account management i. Up to three revisions* b. Campaign Printing c. Campaign Installation d. Campaign Removal e. 1 year warranty against material failure (fading, peeling) due to material or installation. i. Our experience is material will last up to three years without failing. f. The Jule access to Transit Media Hub g. Proof of Performance pictures & reports 2. Pricing for two year minimum and six month term are equal due to same material being used. Houck does not use less expensive vinyl for short term campaigns due to potential damage to transit vehicles caused by cheap material. a. If The Jule believes a less expensive option is important to its six month clients we can accommodate and welcome a discussion with Jule staff. 3. Quantity discount pricing is available for campaigns of two or more. 4. Houck will work with client to execute print ready files OR design a campaign from scratch at no additional charge to client. 5. Campaigns will be installed within 15-20 days of artwork approval provided bus is available and access to The Jule garage is granted. 6. Houck is not responsible for damage to buses from campaigns Houck did not install. 7. Additional removal charges may apply for campaigns Houck did not print and install or material that has been on for 3 or more years. Additional Services: Charge May Apply to advertiser • Purchase of fonts, high resolution images if not provided by client. • On street campaign photography / videography o Should client request campaign photos/video of buses on the street a charge of $300 per session will be charged to client. • Logo creation / recreation • Additional revisions than the initial three will be charged to client at $50 per revision. • Expedited installation o Should a campaign need to be installed prior to 15 days from artwork approval a charge of $300 will be invoiced to client. 1025 TOMLYN AVE, STE 100, SHOREVIEW, MN 55126 1 800.777.7290 1 HOUCKADS.COM Page 574 of 1019 REQUEST FOR PROPOSAL (RFP) THE CITY OF ISSUE DATE: April 23, 2025 T T�PHONE DUB CONTACT: Joey Lueck NO: 563-589-4228 bJ EMAIL: jlueck@cityofdubuque.org Masterpiece o» the Mississippi SUBMIT PROPOSAUOFFER PRIOR TO: SUBMIT TO: CLOSING DATE: May 21, 2025 SEE Section 8.0 CLOSING TIME: Prior to 2:00 P.M. CST FAX/EMAIL NOT ACCEPTED DESCRIPTION: TRANSPORTATION SERVICES FOR PRODUCTION, INSTALLATION, AND REMOVAL OF CLIENT ADVERTISING ON TRANSIT BUS EXTERIORS RECEIPT OF PROPOSAL ACKNOWLEDGEMENT If you are considering a response to this RFP, please mark the box to the left, fill in the information below and return this sheet as a confirmation that you received this RFP. o NO RESPONSE REPLY If you do not want to respond to this RFP at this time, please mark the box to the left, fill in the information below and return this sheet only. COMPANY NAME: DATE: MAILING ADDRESS: CITY/STATE: ZIP CODE: St-�u,-`VIC AUTHORIZED I TURE: PRINTED NAME: TITLE OF AUTHORIZED REPRESENTATIVE: py- C ('tctt EMAIL: PHONE: &5-1 01 Page 11 Page 575 of 1019 CITY OF DUBUQUE —The Jule REQUEST FOR PROPOSAL TRANSPORTATION SERVICES FOR PRODUCTION, INSTALLATION, AND REMOVAL OF CLIENT ADVERTISING ON TRANSIT BUS EXTERIORS April 23, 2025 Page 12 Page 576 of 1019 Table of Contents SECTION PAGE TABLEOF CONTENTS.......................................................................................................... 3 1.0 INTRODUCTION...............................................................................................................4 2.0 OBJECTIVES....................................................................................................................4 3.0 BACKGROUND INFORMATION.......................................................................................4 4.0 PROJECT SCOPE OF SERVICES.................................................................................... 5 5.0 CITY RESOURCES........................................................................................................... 7 6.0 INFORMATION TO BE INCLUDED IN PROPOSAL......................................................... 7 7.0 PROPOSAL QUESTIONS AND ANSWERS..................................................................... 8 8.0 SUBMISSION REQUIREMENTS.......................................................................................9 APPENDIX A VENDOR EVALUATION AND SELECTION PROCESS.................................11 APPENDIX B RFP RULES AND PROTEST PROCEDURE.................................................14 APPENDIX C STANDARD TERMS AND CONDITIONS.......................................................17 APPENDIX D STATEMENT REGARDING STANDARD TERMS AND CONDITIONS.......... 23 APPENDIX E DECAL PRODUCTION PROCESS................................................................ 25 APPENDIX F DECAL PRICING............................................................................................27 APPENDIX G INSURANCE REQUIREMENTS....................................................................29 Page 577 of 1019 T L� I! 1� 1J FOR PRODUCTION, INSTALLATION, AND REMOVAL OF CLIENT ADVERTISING ON TRANSIT BUS EXTERIORS Request for Proposal (RFP) Transportation Services April 23, 2025 1.0 INTRODUCTION F THE CITY E Masterpiece on the Mississippi The City of Dubuque Transportation Services Transit Division, hereinafter referred to as the Transit Division, is soliciting competitive sealed proposals from qualified and experienced vendors, including Disadvantaged Business Enterprises (DBEs) and non DBE women and minority -owned vendors, to provide production, installation, and removal of client advertising on transit bus exteriors. --------------------------------------------- End of Section 1.0------------------------------------------ 2.0 OBJECTIVES The City of Dubuque, hereinafter referred to as "the City", is seeking an agreement with a qualified vendor to provide production, installation, and removal of client advertising on transit bus exteriors. The original term of this Agreement shall be a two- year term with the option to renew for two (2) additional one (1) year terms. End of Section 2.0 - 3.0 BACKGROUND INFORMATION The Transit Division operates the Jule Bus system and offers mass transit services and paratransit "MiniBus" services within the city limits of Dubuque, Iowa on weekdays and Saturdays. The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent to Illinois and Wisconsin. The City is approximately thirty (30) square miles in area, with a population of approximately 60,000 people. The City's web site is www.cityofdubugue.org. The community has a stable and diversified manufacturing base and a growing service sector. Dubuque is the major retail, medical, education, and employment center for the tri-state area. Tourism continues to be a major economic force in the community. City government works in collaboration with the private sector to promote economic Page 14 Page 578 of 1019 development. The job creation and unemployment numbers show that Dubuque is growing steadily in the current economic climate. Dubuque's construction numbers reveal an even more encouraging picture. The City has formed strong relationships with the local business community to promote continued economic growth and success. End of Section 3.0 - 4.0 PROJECT SCOPE OF SERVICES The following outline represents the minimum components for the project. The City will evaluate submitted proposals and award the contract to the selected vendor based on the best proposed solution. SCOPE OF WORK Vendor agrees to provide logo decals and advertising for businesses (Advertising Customers) for display on City buses according to Appendix E, Decal Production Process Checklist, and Appendix F, Decal Pricing Guide. Vendor will provide an editable design template for each bus type. Vendor will provide templates to Advertising Customers and to the City for design purposes only. Such templates will remain the joint property of Vendor and the City. Vendor will not make any design changes to final production without the consent of the City and the Advertising Customer. Vendor must show accurate or near accurate final proofs of all advertisements to the City and the Advertising Customer before decal applications of advertisements are placed on buses. Vendor shall not print any decal applications of advertisements until the City and the Advertising Customer approve final proofs of such advertisements. COST Cost will be submitted on attached form F in a separate sealed envelope. INSTALLATION AND REMOVAL OF ADVERTISING • All installations shall be performed by certified installer(s) for the particular type of material used. Installation and/or removal of advertising shall generally take place between the hours of 7:00 a.m. and 5:00 p.m. on weekdays, unless otherwise coordinated with Transit staff. The Contractor shall provide the Operations Supervisor with a list of buses for which advertising needs to be installed and/or removed. This list shall be provided to the Operations Supervisor at least seventy-two (72) hours in advance of the desired day when installation and/or removal is to be performed. The successful bidder has the option to deliver, install, and remove materials at their own facility or within the Jule garage in the advertising area (specific lane assignment to be given the day of each installation and/or removal) located at 949 Kerper Blvd, Dubuque, IA. Page 15 Page 579 of 1019 • The successful bidder shall contact the Supervisor -on -Duty whenever entering or exiting the facility. • The Transit garage area must be kept clean. Waste materials from installation must be collected and removed by the contractor. • While within the Jule facility, the successful bidder shall follow the instructions of Jule personnel. • Inspection of installed/removed advertising will be done, by transit staff, within three -to -five (3-5) business days. Any work that does not pass inspection must be corrected, by the contractor, within seven (7) calendar days. Work shall be coordinated with Transit staff. • Bus number, safety stickers, exterior signage and labels, and various sections of the bus (e.g., front curbside/driver's window, emergency exits, etc.) must be clearly visible from the outside and unobstructed by the wrap ads. The Transit Manager will provide direction to contractors about the placement of the wrap ads to ensure compliance with Iowa Department of Transportation (DOT) regulations for public transit providers. • The successful bidder should direct questions about installation/removal to the Jule Operations Supervisor. • The successful bidder shall take a picture of the completed installation/removal and email to the Operations Supervisor. • The successful bidder is responsible for returning bus to its original condition, with reasonable wear and tear exempted, when any display advertisements are removed. • Damage to the paint surface caused by the application of advertisements is not considered reasonable wear and tear. • The successful bidder is responsible for the cost of any damages to the transit bus, resulting from their installation. • Payment for paint and/or body damage during installation will be invoiced, due, and payable net thirty (30) days from receipt of invoice or may be deducted from any balances owed. • Hiding paint damage will be grounds for termination of services. BIDS Bid amounts are expected to be for an all-inclusive amount. All responses to this Request for Proposals (RFPs) must include the following information describing the Vendor's proposal: Page 16 Page 580 of 1019 • Complete pricing breakdown using a line -item pricing structure. Include any necessary components or services that the RFP may not have mentioned. • Any and all labor necessary for installation. • Summary sheet of proposal pricing, with any alternate(s) pricing clearly marked below the main proposal. • Specification sheets of materials and other key components. • Provide details of all product and service warranties. • Provide a listing of at least three (3) similar projects completed and a contact reference for each. --------------------------------------------- End of Section 4.0 ------------------------------------------ 5.0 CITY RESOURCES USE OF CITY RESOURCES FOR RFP PREPARATION • All information requests shall be directed to the City's Transportation Services Analyst, Joey Lueck, Qlueck@cityofdubuque.org) or at 563-589-4228. • All vendors should note that contacting other City of Dubuque staff, or any of the Selection Committee members shall be considered inappropriate and be grounds for disqualification. MATERIAL AVAILABLE FOR THE RFP • Bus Ad measurements are attached for bidder's review. • Vehicle fleet listing is available. • On -site visits to view vehicles can be provided at bidder's request based on staff and vehicle availability. End of Section 5.0 - 6.0 INFORMATION TO BE INCLUDED IN PROPOSAL The Proposal should address all the points outlined in this request for proposal (RFP) excluding any cost information which shall be included in a separate sealed envelope labeled "Project Cost Estimate". The Proposal should be prepared simply and economically, providing a straight -forward, concise description of the vendor's capabilities to satisfy the requirements of the RFP. A maximum proposal length of ten (10) pages will be enforced. Page 17 Page 581 of 1019 To simplify the review process and to obtain the maximum degree of comparability, the proposal shall include the following information and shall be organized in the order and manner specified below. While additional data may be presented, the following subjects must be included. They represent the criteria against which the proposal will be evaluated. Letter of Transmittal Provide a letter of transmittal briefly outlining the vendor's understanding of the work, which specific sections of the Scope of Services are addressed in the submitted proposal and list the Project Manager's the name, address, telephone number, fax number and e-mail address. The name that is provided for the Project Manager will be used as the primary contact person during the RFP evaluation process. Profile of Firm Briefly provide general information about the Firm, along with its area of expertise and experience as it relates to this RFP. Photos or other images of completed comparable work should be provided. Scope of Services Describe the means or strategy by which the vendor would satisfy specific sections of the Scope of Services. Fees and Compensation Please indicate on Appendix F: description of proposed products, lifespan and durability should also be included in this section. Quotation of fees and compensation shall remain firm for a period of at least sixty (60) days from the RFP submission deadline. --------------------------------------------- End of Section 6.0------------------------------------------ 7.0 PROPOSAL QUESTIONS AND ANSWERS The City has made considerable efforts to ensure an accurate representation of information in this request for proposal (RFP). Each vendor is urged to conduct its own investigations into the material facts provided. No answers given in response to questions submitted shall be binding upon this RFP unless released in writing (letter, fax, or email) as an officially numbered and titled addendum to the RFP by the City. From the date of issuance of the RFP until final City action, the vendor shall not discuss the RFP with or contact any other City of Dubuque staff or any of the Selection Committee members except as expressly authorized by the City Project Manager. Violation of this restriction will be considered a violation of the rules and be grounds for disqualification of the vendor's proposal. Page 18 Page 582 of 1019 Project Manager contact information is as follows: Joey Lueck Project Manager City of Dubuque Transportation Services 950 Elm Street Dubuque, IA 52001 Phone: 563-589-4228 E-mail: jlueck(c�cityofdubuque.orq End of Section 7.0 - 8.0 SUBMISSION REQUIREMENTS Before submitting a proposal, each vendor shall make all investigations and examinations necessary to ascertain site conditions and requirements affecting the full performance of the contract and to verify any representations made by the City upon which the vendor will rely. PROPOSAL SUBMITTAL INFORMATION • Submittal Deadline: May 21, 2025, prior to 2:00 p.m. (CST) • Submittal Location: City of Dubuque City Clerk's Office 50 West 13th Street Dubuque, Iowa 52001-4864 • Submittal Contact: Joey Lueck • Submittal Copies: Three (3) sets of the proposal shall be provided. - Submit one (1) original signed proposal and two (2) copies. Proposals can be submitted in hard copy no later than the date and time set out in this document. Each addendum should be acknowledged in the Letter of Transmittal by providing the addendum number and title. It is solely the vendor's responsibility to ensure that you have received all addendums to this request for proposal (RFP) before submitting the proposal. Each vendor assumes full responsibility for delivery and deposit of the completed proposal package on or before the deadline. Any proposals received after the submittal deadline will not be considered and will be returned unopened to the vendor. The City is not responsible for any loss or delay with respect to delivery of the proposals. The City is not liable for any costs incurred by any vendor prior to the execution of an agreement or contract. Nor shall the City be liable for any costs incurred by Firms that Page 19 Page 583 of 1019 are not specified in any contract. All results from this project will remain the property of the City. End of Section 8.0 Page 110 Page 584 of 1019 TRANSPORTATION SERVICES FOR PRODUCTION, INSTALLATION, AND REMOVAL OF CLIENT ADVERTISING ON TRANSIT BUS EXTERIORS Request for Proposal (RFP) Transportation Services April 23, 2025 Appendix A THE C DUUB-*TE Masterpiece on the Mississippi Vendor Evaluation and Selection Process Page 1 11 Page 585 of 1019 INITIAL EVALUATION CRITERIA Proposals will be screened to ensure that they meet the minimum requirements of the required format. A selection committee will review qualifying proposals and select Firms for placement on the vendor short-list for the project. The following criteria in order of their relative importance (most is first, least is last) will be used to initially evaluate submitted proposals. A high level of professional competence and a proven track record in providing labor, material and equipment to install advertising on bus exteriors: a. Qualifications and experience of the vendor and any sub vendors. b. Demonstration of the project team's professional expertise. If a joint venture with sub vendors, the track records of the Firms' experience working together. c. Experience of the vendor working on municipal projects. d. Experience of the vendor working on municipal projects in Iowa. 2. Design approach/methodology in completing scope of services such as: a. Grasp of project requirements and level of interest in the project. b. Creativity and problem -solving ability. c. Ability of vendor team to demonstrate initiative, motivation and knowledge as an indication of their desire to work with the City of Dubuque. 3. Proposed timeframe required to install and remove advertising. 4. Quality and completeness of the written proposal. SUPPLIER SHORT-LIST EVALUATION CRITERIA The Selection Committee will again review the qualifying proposals of only the short- listed firms. The following criteria in order of their relative importance (most is first, least is last) will be used to evaluate vendors on the short-list. Qualifications and Technical Capability of the Vendor (40 Percent). The evaluation will be based upon: • Results of customer references related to similar projects. • Demonstrates understanding of the project and its requirements. • Utilizes and promotes current Equipment and Supplies. • Minimizes risk by use of the most current, proven, and available state- of - the -art technologies. 2. Experience Base of the Vendor (20 Percent). The evaluation will be based upon: • Breadth and depth of project experience with and past performance on similar projects. • Overall installation and deployment experience. • Financial solvency and capacity. Page 1 12 Page 586 of 1019 3. Qualifications of Personnel Assigned to the Project (20 Percent). The evaluation will be based upon: • Project management team. • Organization of the work and management plan. • Availability of key personnel. 4. Price (20 Percent). The evaluation will be based upon: • Comparative to similar systems/ proposals for each element in the Price Proposal Form. • Unit prices comparable to similar unit prices in the industry. Following completion of the interview process (should it be necessary), the Selection Committee will review the evaluation of the written request for proposal (RFP) relative to the input received during the interview process and prepare a final ranking of the short-listed respondents. SELECTED VENDOR PROCESS Upon the successful completion of the vendor review process, the RFP Selection Committee will recommend to the City Manager or City Council the awarding of a contract to the highest ranked vendor based on a "best value" basis. Evaluation factors that are most important to the City are quality of proposed personnel, experience performing similar scopes of work, length of installation and removal schedule, and cost. Payment for Work: The vendor will be paid directly by the advertising client based on decal pricing rates identified in the contract with the City. Page 1 13 Page 587 of 1019 TRANSPORTATION SERVICES FOR PRODUCTION, INSTALLATION, AND REMOVAL OF CLIENT ADVERTISING ON TRANSIT BUS EXTERIORS Request for Proposal (RFP) Transportation Services April 23, 2025 Appendix B THE C DUUB-*TE Masterpiece on the Mississippi RFP Rules and Protest Procedure Page 1 14 Page 588 of 1019 PROTEST PROCEDURES In general, protests will only be accepted from prospective bidders or offerors whose direct economic interest would be affected by the award of a contract or refusal to award a contract. The Project Manager will consider all such protests, whether submitted before or after the award of a contract. If oral objections are raised and the matter cannot be resolved to the satisfaction of the objector, a written protest shall be required before any further consideration is given. Protest submissions should be concise, logically arranged, and clearly state the grounds for the protest. Protests must include at least the following information: • Name, address, and telephone number of protestor; • Identification of the solicitation or contract number; • A detailed statement of the legal and factual grounds of protest including copies of relevant documents; • A statement as to what relief is requested. The written dispute shall be sent via certified mail or delivered in person to the Project Manager. All protest documents received by the Project Manager shall be stamped with date and time received and logged into a protest file folder. DECISION ON PROTEST The Project Manager shall forward all protests to the City Manager, with all applicable supporting documentation, who will review the reasons for the protest and will respond to each issue noted in the protest. The City Manager will discuss their findings with The Jule Transit Advisory Board before a final decision is made concerning the protest. The Procurement Officer shall provide a final decision to the protesting Vendor/Contractor in writing within thirty (30) calendar days from the receipt of the written protest and shall provide notice of such decision to all interested parties. MINOR IRREGULARITIES The City reserves the right to waive minor irregularities in submitted proposals, providing such action is in the best interest of the City. Minor irregularities are defined as those that have no adverse effect on the City's best interests and will not affect the outcome of the selection process by giving the prospective vendors an advantage or benefit not enjoyed by other prospective vendors. EXCEPTIONS Vendor exceptions to any part of the requirements stated in this request must be clearly identified as exceptions and noted in the letter of transmittal and in the submitted project cost estimate. RANKING OF THE PROPOSALS No debriefings or scoring information shall be released before the City Manager or City Council has recommended that a contract be negotiated with the recommended Firm. Page 1 15 Page 589 of 1019 However, after authorization has been granted to negotiate a contract, all contents of the submitted proposals shall become public information. DEFINITIONS The City has established for the purposes of this request for proposal (RFP) that the words "shall", "must", or "will" are equivalent in this RFP and indicate a mandatory requirement or condition, the material deviation from which shall not be waived by the City. A deviation is material if, in the City's sole discretion, the deficient response is not in substantial accord with this RFP's mandatory conditions and requirements. The words "should" or "may" are equivalent in this RFP and indicate very desirable conditions, or requirements but are permissive in nature. Deviation from, or omission of, such a desirable condition or requirement will not in and of itself cause automatic rejection of a proposal but may result in being considered as not in the best interest of the City. Page 116 Page 590 of 1019 TRANSPORTATION SERVICES FOR PRODUCTION, INSTALLATION, AND REMOVAL OF CLIENT ADVERTISING ON TRANSIT BUS EXTERIORS Request for Proposal (RFP) Transportation Services April 23, 2025 Appendix C Standard Terms and Conditions THE CITY OF DUB E Masterpiece on the Mississippi Page 1 17 Page 591 of 1019 ACCELERATED PAY DISCOUNTS - Accelerated discounts should be so stated on the bid submittal page. If quick pay discounts are offered, the City reserves the right to include that discount as part of the award criteria. Prices must, however, be based upon payment in net thirty (30) days after receipt, inspection and acceptance. In all cases, quick pay discounts will be calculated from the date of the invoice or the date of acceptance, whichever is later. ADA COMPLIANCE 1. The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101 et seq.) and applicable Federal regulations under the Act. 2. Bids for design, construction, programs, policies and concessions of any type shall comply with the 2010 Standards for Accessible Design, the ADA title II regulation, Section 504 of the 1973 Rehabilitation Act, and similar statutes and regulations prohibiting discrimination on the basis of disability. 3. The Contractor shall ensure that its websites and all online services, including those websites or online services provided by third parties upon which Dubuque relies to provide services or content, comply with, at minimum, Web Content Accessibility Guidelines - WCAG 2.0 AA. ASSIGNMENT - The City and the Contractor each are hereby bound, and the partners, successors, executors, administrators and legal representatives of the City and the Contractor are hereby bound to the other party to the Contract and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of the Contract. Any assignment or attempt at assignment made without prior written consent of the City shall be void. BID CURRENCY/LANGUAGE - All bid prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All bid responses must be submitted in English. BID FORM - Each bidder must submit an original bid and additional copies as required on the forms attached. The bidder shall correctly sign the bid, and the bid may be rejected if it shows any omissions, alterations of the form, additions not called for in the bid, or any irregularities of any kind. In case of a discrepancy between the unit price and the extended price, the unit price shall prevail. BID INFORMATION IS PUBLIC — The bid and all documents submitted with any bid shall become public documents subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting the bid any document to the City of Dubuque in connection with a bid, the submitting party recognizes this and waives any claim against the City of Dubuque and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Dubuque and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Dubuque arising from any opportunity. Bid information requested by the public or other bidders will be provided in an alternative format if the requestor is a person with a disability and requires an alternative form for comprehension. BID REJECTION OR PARTIAL ACCEPTANCE - The City reserves the right to accept or reject any or all bids or parts thereof. The City further reserves the right to waive Page 1 18 Page 592 of 1019 technicalities and formalities in bids, as well as to accept in whole or in part such bids where it is deemed advisable in protection of the best interests of the City. CONFLICT OF INTEREST - The Contractor represents, warrants, and covenants that no relationship exists or will exist during the Contract period between the Contractor and the City that is a conflict of interest. No employee, officer or agent of the Contractor shall participate in the selection or in the award if a conflict of interest, real or apparent, exists. The provisions of Iowa Code ch. 68B shall apply to the Contract. If a conflict of interest is proven to the City, the City may terminate the Contract, and Contractor shall be liable for any excess costs to the City as a result of the conflict of interest. The Contractor shall establish safeguards to prevent employees, consultants, or members of governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by the desire for private gain for themselves or others with whom they have family, business, or other ties. The Contractor shall report any potential, real, or apparent conflict of interest to the City. CONTRACT DOCUMENTS — The Contract Documents are this Contract, the Request for Bids, the Contractor's Bids, and the following additional documents, if any: In the event of a dispute with respect to any term or condition in the Contract Documents, they shall be interpreted in the following order: this Contract, the Request for Bids, the Contractor's Bids, and the following additional documents, if any: DISPUTES - Should any disputes arise with respect to the Contract, the Parties agree to act immediately to resolve such disputes. Time is of the essence in the resolution of disputes. The Contractor agrees that the existence of a dispute notwithstanding, it will continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute and the City shall continue to make payment for all Work properly performed. Should the Contractor fail to continue to perform its responsibilities regarding all non -disputed work, without delay, any additional costs incurred by the City or the Contractor as a result of such failure to proceed shall be borne by the Contractor. The unintentional delayed payment by the City to the Contractor of one or more invoices not in dispute in accordance with the terms of the Contract will not be cause for Contractor to stop or delay Work. FORCE MAJEURE - Force majeure shall be any of the following events: acts of God or the public enemy; compliance with any order, rule, regulation, decree, or request of any governmental authority or agency or person purporting to act therefore; acts of war, public disorder, rebellion, terrorism, or sabotage; floods, hurricanes, or other storms; strikes or labor disputes; or any other cause, whether or not of the class or kind specifically named or referred to hereinafter, not within the reasonable control of the party affected. A delay in or failure of performance of either party shall not constitute a default hereunder nor be the basis for, or give rise to, any claim for damages, if and to the extent such delay or failure is caused by force majeure. The party who is prevented from performing by force majeure shall be obligated, within a period not to exceed fourteen (14) days after the occurrence or detection of any such event, to give notice to the other party setting forth in reasonable detail the nature thereof and the anticipated extent of the delay, and shall remedy such cause as soon as reasonably possible, as mutually agreed between the parties. INDEMNIFICATION - To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, its officers and employees, from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, Page 119 Page 593 of 1019 arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, or anyone directly or indirectly employed by the Contractor or anyone for whose acts the Contractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. LAWS AND REGULATIONS - The Contract shall be governed, interpreted and enforced in accordance with all applicable federal, State of Iowa, and local laws, ordinances, licenses and regulations and shall apply to the Contract throughout, as the case may be. The Contractor certifies that in performing the Contract it will comply with all applicable provisions of the federal, state, and local laws, ordinances, licenses and regulations. Venue for any action arising out of this Contract shall be the Iowa District Court for Dubuque County, Iowa. METHOD OF AWARDING - The City reserves the right to make awards based on the entire bid or on an item by item basis. However, if Contractor's bid is based on an "all or none" condition, the City may consider its bid non -responsive and reject the entire bid. NO GIFT STANDARD - The City of Dubuque is committed to upholding the highest ethical standards in all of its business practices. This standard recognizes the need to avoid even the perception of improper gifts or favors to employees. Therefore, all suppliers have been asked to abide by the City's "No Gift" standard. The "No Gift" standard also applies to all offers of discounts or free items at any place of business targeted toward a City employee and not available to the general public, regardless of the value. NON -COLLUSION STATEMENT - Neither the Contractor, nor anyone in the employment of the Contractor, has employed any person to solicit or procure the Contract nor will the Contractor make any payment or agreement for payment of any compensation in connection with the Contract. There is no contract, agreement or arrangement, either oral or written, expressed or implied, contemplating any division of compensation for Work rendered under the Contract or participation therein, directly or indirectly, by any other person, firm or corporation, except as documented in the Contract. Neither the Contractor, nor anyone in the employment of the Contractor, has either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive procurement in connection with the Contract. NON-DISCRIMINATION AND EQUAL OPPORTUNITY - All Contractors that engage in contracts with the City of Dubuque, Iowa agree as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, sex, color, creed, ancestry, national origin, marital status, Familial status, religion, age, disability, sexual orientation, gender identity, genetic information, status with regard to public assistance, status as a veteran or any classification protected by federal, state, or local law, (Protected Classes) except where age and sex are essential bona fide occupational requirements, or where disability is a bona fide occupational disqualification. Such action shall include, but not be limited to the following: (a) Employment, (b) Upgrading, (c) Demotion or transfer, (d) Recruitment and advertising, (e) Layoff or termination, (f) Rate of pay or other forms of compensation, and (g) Page 120 Page 594 of 1019 Selection for training, including apprenticeship. The Contractor further assures that managers and employees comply with both the spirit and intent of federal, state, and local legislation, government regulation, and executive orders in providing affirmative action as well as equal opportunity without regard to the protected classes, as stated above. The Contractor will include, or incorporate by reference, the provisions of the nondiscrimination clause in every contract or subcontract unless exempt by the rules, regulations or orders of the City and will provide in every contract or subcontract that said provision will be binding upon each Contractor. REGULATORY AGENCY COMPLIANCE - Compliance with laws and regulations set forth by regulatory agencies is required. These agencies include, but are not limited to, OSHA — Occupational Safety & Health Agency, EPA — Environmental Protection Agency, ICC — Interstate Commerce Commission, DNR — Department of Natural Resources, and DOT — Department of Transportation. The City of Dubuque expects that Contractors will offer expertise on conformance of regulations applying to the products they sell and the Work they perform. RIGHT TO PROTEST - Anyone wishing to file a protest concerning (1) the specifications, (2) the bid procedure or (3) the award of the Contract must do so in writing in accordance with the City's Protest by bidders which is found in the City's purchasing policy. SAFETY DATA SHEETS - The Hazard Communication Standard (HCS) requires chemical manufacturers, distributors, and importers to ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked and to provide Safety Data Sheets (SDS) to communicate the hazards of hazardous chemical products. It is the chemical supplier's responsibility to determine which products are covered and to provide SDS with the initial shipment. It is also the chemical supplier's responsibility to provide any updated or revised SDS, as they become available for any products sold and delivered to the City of Dubuque. City of Dubuque employees shall not accept a shipment of any chemical that does not have an SDS attached or currently on file. Safety Data Sheets shall be available in alternative formats if the requestor is a person with a disability and requires an alternative format for comprehension. SUBCONTRACTING - All Subcontractors shall be listed in the Contract or in a written amendment to the Contract. SUSPENSIONS AND DEBARMENT - The Contractor hereby certifies, pursuant to 2 CFR pt. 180 and 2 CFR pt. 3000, that neither it nor its principles are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the Contract by any federal agency. The Contractor further certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any contracts with the City of Dubuque or the State of Iowa. TAXES - The City of Dubuque is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. TERMINATION OF CONTRACT - The City may terminate the Contract at any time for any reason with or without cause. In that event, all finished or unfinished Work, reports, materials(s) prepared or furnished by the Contractor under the Contract shall, Page 121 Page 595 of 1019 at the option of the City, become its property. If the Contract is terminated by the City as provided hereinafter, the Contractor shall be paid for all Work which has been authorized, provided, and approved up to the effective date of termination. The City will not be subject to any termination fees from the Contractor. WARRANTIES - WORK - The Contractor shall perform Work for the City pertaining to the Project as set forth in the Contract. Contractor represents that the Work and all of its components shall be free of defects; shall be performed in a manner consistent with other Contractors in a similar industry and application; and shall conform to the requirements of the Contract. Contractor shall be responsible for the quality, technical accuracy, completeness and coordination of all Work performed under the Contract. Contractor shall, promptly and without charge, provide all corrective Work necessary as a result of Contractor's acts, errors, or omissions with respect to the quality and accuracy of the Work. Contractor shall be responsible for any and all damages to property or persons as a result of Contractor's acts, errors, or omissions, and for any losses or costs to repair or remedy any Work undertaken by City based upon the Work as a result of any such acts, errors, or omissions. Contractor's obligations shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Contractor. WARRANTIES - INTELLECTUAL PROPERTY - Contractor represents and warrants that all the materials and Work produced, or provided to the City pursuant to the terms of the Contract shall be wholly original with the Contractor or that the Contractor has secured all applicable interests, rights, licenses, permits or other intellectual property rights in such materials and work. The Contractor represents and warrants that the materials and Work, and the City's use of same, and the exercise by the City of the rights granted by the Contract shall not infringe upon any other work or violate the rights of publicity or privacy of, or constitute a libel or slander against, any person, firm, or corporation. The Contractor further represents and warrants that the materials and Works does not infringe upon the copyright, trademark, trade name, trade dress patent, statutory, common law or any other rights of any person, firm or corporation or other entity. The Contractor represents and warrants that it is the owner of or otherwise has the right to use and distribute the Work contemplated by the Contract. Page 122 Page 596 of 1019 TRANSPORTATION SERVICES FOR PRODUCTION, INSTALLATION, AND REMOVAL OF CLIENT ADVERTISING ON TRANSIT BUS EXTERIORS Request for Proposal (RFP) Transportation Services April 23, 2025 Appendix D Statement Regarding Standard Terms and Conditions Page 123 Page 597 of 1019 The vendor must indicate that they have read and understand Appendix C — Standard Terms and Conditions, and agree to include the clauses that are listed in Appendix C in the final signed contract. The Vendor has read and understands Appendix C — Standard Terms and Conditions and agrees to include the clauses that are listed in Appendix C in the final signed contract. Page J 24 Page 598 of 1019 TRANSPORTATION SERVICES FOR PRODUCTION, INSTALLATION, AND REMOVAL OF CLIENT ADVERTISING ON TRANSIT BUS EXTERIORS Request for Proposal (RFP) Transportation Services April 23, 2025 Appendix E Decal Production Process THE CITY OF DUB E Masterpiece on the Mississippi Page 125 Page 599 of 1019 1. After a signed contract is received from the Advertising Customer, City provides an email to vendor containing number and type of vehicles, start date for advertising, and Advertising Customer contact information to allow vendor to schedule production. 2. Advertising Customer supplies artwork files including images, logos, fonts, and other necessary material to vendor via secured file transfer protocol (SFTP) thirty (30) days prior to production date. 3. Vendor reviews material and requests any additional information if needed, and makes possible suggestions to achieve the wishes of City/Advertising Customer. 4. Vendor supplies PDF proofs to City and Advertising Customer. 5. Vendor contacts City to schedule decal installation. 6. Vendor prints and applies decal after City and Advertising Customer sign -off on final proof. City and Advertising Customer must sign off on final proof via e-mail before any decals are applied. Page 126 Page 600 of 1019 TRANSPORTATION SERVICES THE C FOR PRODUCTION, INSTALLATION, DUUB-*TE AND REMOVAL OF CLIENT ADVERTISING ON TRANSIT BUS EXTERIORS Masterpiece on the Mississippi Request for Proposal (RFP) Transportation Services April 23, 2025 Appendix F Decal Pricing Page 127 Page 601 of 1019 Decal pricing includes time required to prepare files, remove existing decals, produce new decal and install new decal. No changes to the decal pricing guide can be made by either party while this contract is in effect. The original term of this Agreement shall be from June 2025 through May 2027 (Term) with the option to renew for two (2) additional one (1) year terms. • Materials quoted in Column A will be used for long-term advertising contracts. • Materials quoted in Column B will be used for short-term campaigns or event advertising lasting no longer than 6 months. A B Vehicle Type and Decal Position Dimensions Minimum 2 Year Lifespan 6 Month Lifespan Material Light -Duty Vehicle Full Height Decals (includes windows) .Passenger Side 137.5" x 66" $21000.00 $2,000.00 Driver Side 206" x 66" $2,250.00 $2,250.00 Rear 74" x 80" $1,350.00 $1,350.00 Half -Height Decals (no windows) Passenger Side 137.5" x 22" $800.00 $800.00 Driver Side 206" x 22" $850.00 $850.00 35-ft Heavy -Duty Vehicle Full Height Decals (includes windows) Passenger Side 173" x 98" $2,350,00 $2,350.00 Driver Side 197" x 9B" $2,384.00 $2,384.00 Rear 84" x 3Q" $750.00 $750.00 Half -Height Decals (no windows) Passenger Side 173" x 43" $850.00 $850.00 Driver Side 197" x 43" $900.00 $900.00 29-ft Heavy -Duty Vehicle Full Height Decals (includes windows) Passenger Side 212.75" x 97.5" $2,700.00 $2,700.00 Driver Side 217" x 97.5" $2,700.00 $2,700.00 Half -Height Decals (no windows) Passenger Side 212.75" x 42.5" $925.00 $925.00 Driver Side 217" x 42.5" $950.00 $950.00 Page 123 Page 602 of 1019 TRANSPORTATION SERVICES FOR PRODUCTION, INSTALLATION, AND REMOVAL OF CLIENT ADVERTISING ON TRANSIT BUS EXTERIORS Request for Proposal (RFP) Transportation Services April 23, 2025 Appendix G Insurance Requirements THE CF D!Uj- B E Masterpiece on the Mississippi Page 129 Page 603 of 1019 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub -Subcontractors IaGG A - Class R- 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 General Cleaning Power Washing Carpet & Resilient Grass Cutting Tile & Terrazzo Flooring Flooring Janitorial Window Washing Caulking & Sealants Non Vehicular Snow & Acoustical Ceiling Ice Removal Filter Cleaning Office Furnishings Page 1 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors December 2024 Page 604 of 1019 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors INSURANCE SCHEDULE F (continued) Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project # Project name: or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate required shall be furnished to the Department of the City of Dubuque. 4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this contract. 5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Contractor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever an ISO form is referenced the current edition must be provided. 8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are higher than the required minimum limit, then the contractor's limits shall be this agreement's required limits. 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 2 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors December 2024 Page 605 of 1019 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors 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 3 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors December 2024 Page 606 of 1019 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors 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, Page 4 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors December 2024 Page 607 of 1019 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors asbestos, or PCB's. Pollution product and complete operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) or its equivalent and CG 20 37 (completed operations) or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. 7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability - Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the Owner's property. F) RAILROAD PROTECTIVE LIABILITY Coverage required: —Yes _ No 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 5 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors December 2024 Page 608 of 1019 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 6 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors December 2024 Page 609 of 1019 kA HOUCK T R A N S I T D V E R T I S I N G Appendix H: Pricing Clarifications: 1. Pricing includes a. Campaign design & account management b. Printing c. Installation d. Removal e. Proof of Performance pictures 2. Houck will work with client to execute print ready files OR design a campaign from scratch at no additional charge to client. 3. Campaigns will be installed within 15-20 days of artwork approval provided bus is available and access to The Jule garage is granted. 4. Houck is not responsible for damage to buses from campaigns Houck did not install. 5. Additional removal charges may apply for campaigns Houck did not print and install or material that has been on for 3 or more years. Additional Services: Charge May Apply to advertiser a. Additional charges may apply to Client: a. $50 per revision beyond initial three; b. *$300 expedited installation fee. Subject to accounts that must be installed prior to 15 days after artwork approval. C. *$300 per session for on -street photography; d. $300 for logo creation or recreation that is not a workable file. e. Cost to purchase of fonts/images if not provided. Cost to be determined based on cost of required elements. f. Removal of campaigns Houck did not print and install or for material that has been on for 3 or more years. i. Contractor will invoice City in the amount of $500 for the removal of wraps. ii. For removals that exceed 2 hours Contractor will invoice City at a rate of $100/hour. *Subject to change 1025 TOMLYN AVE, STE 100, SHOREVIEW, MN 551261800.777.72901 HOUCKADS.COM Page 610 of 1019