Signed Contracts Copyrighted
April 20, 2026
City of Dubuque CONSENT ITEMS # 4.
City Council
ITEM TITLE: Signed Contracts
SUMMARY: CivicPlus for Software; Des Moines Area Community College
for education to health care students, and the City of
Dubuque, lowa through its Fire Department; Top Grade
Excavating, Inc. for Catherine Street Storm Sewer Project;
Globalcom Technologies for installation for the Wilbricht Lane
Tree Crew Building Fiber Addition; Westphal and Company
for,Mt Carmel Generator and ATS Installation; Midwest
Concrete, Inc. for Asphalt Overlay Program Sidewalk Curb
Ramp Project; Dubuque Food Pantry for Launch In to
Summer party event; Clarke University for advancing
workforce development; DROP for software purchase.
SUGGUESTED Receive and File
DISPOSITION:
ATTACHMENTS:
1. 20260304 - IA - Dubuque - AWG - SOW SIGNED
2. 1 26_04_02 Des Moines Area Community College Affiliation Agreement
3. 2 26_04_03 Catherine St Storm Sewer Project Contract
4. 3 26_04_06 Forestry Building Fiber Install Contract
5. 4 26 04 07 Park Hill and Mt Carmel Generators Award Const Contract
6. 5 26_04_08 2026 PW Asphalt Overlay Program Sidewalk Curb Ramp Proje
7. 6 26_04_08 Recommendation to Approve Small Neighborhood Grant to th
8. 7 26_04_09 College Partnership Agreement for Signature
9. 26 04 10 Purchase of Software for Industrial Pretreatment
Page 135 of 901
CivicPlus Statement of Work
302 South 4th St. Suite 500 Quote #: Q-118227-1
Manhattan, KS 66502 Date: 2/25/2026 3:47 PM
us Expires On: 4/26/2026
Client: Bill To:
City of Dubuque, IA DUBUQUE CITY, IOWA
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Maggie Henton maggie.henton@civicplus.com Net 30
Discount(s)
QTY PRODUCT NAME DESCRIPTION 12 Month
Value
1.00 Acquia Web Governance Year 1 Year 1 Annual Fee Discount USD -2,667.21
Annual Fee Discount
One-time(s)
QTY PRODUCT NAME DESCRIPTION 12 Month
Value
1.00 Acquia Web Governance Acquia Web Governance Account Activation and Setup USD 0.00
Provisioning Fee
Recurring Service(s)
QTY PRODUCT NAME DESCRIPTION 12 Month
Value
1.00 Acquia Web Governance Acquia Web Governance Economy Package—2,500 USD 3,480.00
Economy Package-2,500 Pages & 100 PDF Web Accessibility Checks
Pages & 100 PDF Web
Accessibility Checks
�+ �r,.,. ir•+•..i T,,..... T..�..i i ien o �c� ��
ti r ri�,��ii[iar-rcrm rarar
Total Investment- Prorated Year 1 USD 0.00
Annual Recurring Services (Subject to Uplift) USD 3,480.00
Page 1 of 3
Page 136 of 901
Total Days of Quote:279
Initial Term Beginning at signing and ending 11/30/2026,
Renewal Term 12/1 each calendar year
Initial Term Invoice Schedule 100% invoiced at signing, to be
prorated based on signature date.
The Annual Recurring Services subscription fee for the Products (as described above) included in this SOW are
prorated and co-termed to align with the ClienYs current billing schedule and the Annual Recurring Services amount will
subsequently be added to Client's Term and regularly scheduled annual invoices under the terms of the Agreement.
This Statement of Work("SOW") shall be subject to the terms and conditions of Master Services Agreement signed
by and between the Parties and the applicable Solutions and Services Terms and Conditions located at: https://
www.civicplus.help/docs/civicplus-legal-stuff(collective, the "Agreement"). By signing this SOW, Client expressly agrees
to the terms and conditions of the Agreement, as though set forth herein.
Please note that this document is a SOW and not an invoice. Upon signing and submitting this SOW, Client will receive
the applicable invoice according to the terms of the invoicing schedule outlined herein.
Client may issue purchase orders for its internal, administrative use only, and not to impose any contractual terms. Any
terms contained in any such purchase orders issued by the Client are considered null and will not alter the Binding Terms,
the Agreement or this SOW.
Page 2 of 3
Page 137 of 901
Acceptance of Quote#Q-118227-1
The undersigned acknowledges having read, understood, and agreed to be bound by the binding terms and conditions
incorporated into this SOW. This SOW shall become effective as of the date of the last signature below("Effective Date").
For CivicPlus Billing Information, please visit https://www.civicplus.com/verif r�/
Authorized Client Signature CivicPlus
By (please sign): By (please sign): � ,,, ,-�;�/�z ►
Printed Name: Printed Name:
Randy Gehl Amy Vikander
Title: Title:
Public Information Officer Senior VP of Customer Success
Date: Date:
March 2, 2026 03/04/2026
Organization Legal Name:
City of Dubuque, lowa
Billing Contact:
Randy Gehl
Title:
Public Information Officer
Billing Phone Number:
563.589.4151
Billing Email:
rgehl@cityofdubuque.org
Billing Address:
50 W. 13th Street
Dubuque, lowa 52001
Mailing Address: (If different from above)
PO Number: (Info needed on Invoice (PO or Job#) if required)
Page 3 of 3
Page 138 of 901
CLINICAL AFFILIATION AGREEMENT
BETWEEN
DES MOINES AREA COMMUNITY COLLEGE
AND
THE CITY OF DUBUQUE THROUGH ITS FIRE DEPARTMENT
I. PURPOSE OF AGREEMENT:
The purpose of this Clinical Affiliation Agreement (hereinafter "Agreement")
is to define the rights and responsibilities of Des Moines Area Community
College (hereinafter College), which provides education to health care
students, and the City of Dubuque, lowa through its Fire Department
(hereinafter DFD), which provides supervised field resources and related
experiences for Paramedic and EMT training programs. College and DFD may
be referred to individually as a Party or collectively as the Parties.
II. PREAMBLE:
College shall have overall responsibility for the students' classroom instruction,
clinical experience, clinical evaluation and for informing students of all policies,
procedures, and protocols of the College. College shall designate a faculty
member to coordinate each College student's field experience at the DFD site.
DFD provides field experience in which students receive learning experiences,
under the direct supervision of a paramedic or other appropriate health
professional.
III. COLLEGE AGREES:
A. To provide classroom instruction, to coordinate clinical experience, to
ensure students are knowledgeable of all policies, procedures, and
protocols of the College, and to assume overall responsibility for students
throughout their classroom and clinical experience.
B. To provide students with education on blood-borne pathogens, infectious
diseases, and the application of standard precautions, including the use
of personal protective devices.
C. To establish policies and procedures to ensure each student completes
a 10-panel drug screen prior to beginning their clinical experience.
D. To have immunization policies and procedures in place for faculty and/or
students which address the following immunization standards:
1. Two-step TB skin testing done within the past year; or if a positive
PPD history, a current negative chest x-ray report upon admission;
then a TB skin test yearly after admission.
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2. Hepatitis B series, or a positive Hepatitis B SurFace Antibody titer, or
a letter from the student's physician stating need for exemption.
3. Measles, mumps, rubella (MMR vaccine) two doses or titers of all
three diseases showing full immunity.
4. Chicken Pox (varicella) — proof of disease by physician
documentation, or a positive titer, or two doses of varicella vaccine.
5. Seasonal influenza vaccine — annual proof of immunization prior to
the conclusion of the first week of January classes.
6. Diphtheria, tetanus within past 10 years.
7. Polio.
E. To provide DFD with student names and field schedules at least one
week in advance of the start date of the field rotation, unless the DFD
elects to do its own scheduling of students, in which case the College's
responsibility will be limited to reviewing and communicating the
schedule to the student.
F. To participate in continuous planning with the DFD regarding desired
learning experiences for students.
G. To advise students they may participate in patient care only under the
direction and supervision of a College instructor, paramedic of the DFD,
or other qualified DFD personnel.
H. To inform students they are responsible for following the policies and
procedures of the DFD as well as applicable federal and state laws, rules
and regulations pertaining to health care facilities, including but not
limited to confidentiality policies pertaining to patient records and patient.
College faculty and students will maintain the confidentiality of all City
records, patients and clients that they encounter. Students and faculty
will sign Confidentiality Agreements prior to participating in their clinical
experience and shall be subject to the City's policies respecting the
confidentiality of inedical information.
I. To communicate to faculty and students that the cost of transportation to
and from the DFD clinical site shall be the personal responsibility of the
faculty member and student.
J. To handle student discipline.
K. To maintain student background and child/adult abuse or neglect registry
check reports in a manner consistent with its internal record retention
policy. The reports may be provided to Clinical Site upon request if the
student to which the report relates provides his or her written
authorization. College will extend its best effort to obtain the written
authorization from the student, but if a student refuses or if the College
is otherwise unable to obtain written authorization, College will not be
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subject to any liability or penalty. College makes no representations or
warranties as to the accuracy of these documents.
L. College will inform students they must maintain an acceptable personal
appearance and shall wear the name tag provided by the College while
involved in field experience at the DFD site.
M. To provide all students with appropriate instruction in Standard
Precautions as defined by the Centers for Disease Control and
Prevention and have OSHA in-service documentation and in HIPAA
compliance, with such records to be provided to the DFD upon request.
N. College shall provide Health Insurance Portability and Accountability
(HIPAA), Family Educational Rights and Privacy Act (FERPA), and 42
CFR Part 2 training to all students and faculty members before they are
assigned to CITY.
IV. DFD AGREES:
A. To provide students field experience through participation in pre-hospital
care provided by DFD personnel, such experience to be mutually agreed
upon between the DFD and the College.
B. To provide College with the facts and circumstances upon which the DFD
personnel determine a College student shall be removed from
participation in clinical field experience.
C. To provide College with immediate notice of any injury to a student of the
College which occurs during the student's participation in prehospital
care provided by DFD personnel.
D. To designate a primary preceptor for responsibility in teaching,
coordinating, and directing the student's field experience who is certified
with the appropriate level of education and training and to allow each
preceptor an opportunity to attend preceptor training conducted by
College.
E. To inform College of student field experience schedules.
F. To schedule students for field experience time to assure appropriate
experience, subject to such scheduling being consistent with the DFD's
obligation to provide prehospital care to its citizens.
G. To identify and provide preceptors who will be responsible for providing
the College with an evaluation of each student throughout the field
experience.
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H. To retain ultimate responsibility for the quality and provision of patient
care at the DFD.
I. When reasonably possible, to obtain patient consent to participation in
the field education program and receipt of services from College
students.
J. To ensure that its staff meet minimum health standards.
K. To orient the student to the field site with specific information on standard
precautions including location and required use of personal protective
equipment in accordance with standard precaution regulations, provide
needle stick prevention procedures including location and use of sharps
containers, and proper reporting procedures for response to personal
exposure to an infectious disease.
L. To orient the student to the location of hazardous materials, handling,
disposing of and use of personal protective equipment, and location and
use of hazardous waste containers.
M. To submit a written evaluation of student perFormance in accordance with
procedures established by the College, if requested.
N. To provide adequate space, as available, for the College to use as
conference rooms during the practicum experience. Provision of such
space will be contingent upon availability of such space.
O. In the event student or College faculty requires immediate medical care,
Clinical Site will use its best efforts to arrange and/or provide necessary
care in a timely and appropriate manner. Clinical Site shall use its best
efforts to document the event and shall provide copies of all
documentation to College, subject to applicable legal or regulatory
requirements. Clinical Site shall be entitled to payment for any medical
care or services it provides either by:
1. College or its insurer if the student or College faculty is injured while
engaging in activities or behaviors within the scope of his or her
student or employee function, respectively, and if done in a safe,
prudent, and acceptable manner; or
2. Student or College faculty or his or her private health insurance
provider if the student or College faculty is injured while engaging in
activities or behaviors outside to the scope of his or her student or
employee function, respectively, or while engaging in activities or
behaviors within the scope of his or her student or employee function,
respectively, but done in an unsafe, unacceptable, or negligent
manner.
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P. Students shall be required to wear facial PPE while at Clinical Site.
Clinical Site shall have the responsibility of ensuring students comply
with this requirement. Any student who fails or refuses to wear facial
PPE may be asked to leave the Clinical Site. Facial PPE may include a
face mask and/or face shield or goggles. Additional PPE as deemed
necessary by Clinical Site may be required on a case by case basis. To
ensure compliance with Clinical Site standards which may continually
evolve in response to clinical research and pandemic conditions, Clinical
Site shall supply students with PPE which meets the standards
established by Clinical Site.
Q. With reasonable notice, to provide information on the DFD site, and, with
permission of the DFD Chief, permit inspection of the DFD site, by
individuals or agencies charged with the responsibility for accreditation
of the College and its education programs.
V. COLLEGE AND DFD AGREE:
A. Each Party will retain complete control over such activities of its own that
are outside the scope of this Agreement.
B. Students participating in activities covered by this Agreement will not
receive compensation or remuneration for the services perFormed
hereunder, other than specifically provided for herein.
C. College is not providing any services to DFD which would cause College
to be considered a Business Associate under the Health Insurance
Portability and Accountability Act (HIPAA) and therefore a Business
Associate Agreement between College and Clinical Site is unnecessary
D. Students participating in activities covered by this Agreement are for
purposes of HIPAA considered part of Clinical Site's "Workforce" (as that
term is defined at 45 CFR 160.103) and therefore a Business Associate
Agreement between College and Clinical Site is unnecessary.
E. Representatives from College and DFD will meet to review course
objectives and field experiences as reasonably required or requested by
either Party.
F. Changes to a field schedule shall be made by mutual agreement and,
when reasonably possible, in written form, between College faculty and
the appropriate DFD representative. Such changes should be made as
soon as possible prior to the time the schedule change is to become
effective.
G. Services performed by students covered by this Agreement will be within
the established requirements of each student's educational program at
the College.
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H. Students will work according to protocols or standard operating
procedures acceptable to both the College and the DFD.
I. Nothing in this Agreement is to be construed as requiring facilities or
personnel except what is otherwise deemed necessary for operation by
the DFD.
J. There will be no discrimination on the basis of race, national origin, color,
religion, creed, sex, age, race, disability, sexual orientation, national
origin, ancestry, gender identity, familial status, or any other category as
provided for in law.
K. The parties will conduct themselves in a manner which is consistent with
high standards of professionalism and business ethics.
L. DFD shall not be responsible for lost or damaged personal property of
the student.
M. The parties agree the placement of students for DFD field experience
shall be at the availability of the DFD.
VI. LIABILITY INSURANCE AND INDEMNIFICATION:
A. Each Party shall be responsible for its own acts and omissions and shall
be liable for payment of that portion of any and all claims, liabilities,
injuries, suits, and demands and expenses of all kinds that may result or
arise out of any malfeasance or neglect caused by said Party, its
employees, agents, or subcontractors, in the perFormance or omission of
any act or responsibility of said Party under this Agreement.
B. College shall ensure its students have professional liability insurance in the
appropriate amount prior to beginning clinical experience with the DFD.
C. To the extent of any legal liability of College for the negligent or tortious acts
of its students and faculty, College shall indemnify and save harmless City,
its employees, agents, and elected officials from loss, damages, expenses,
attorney fees and costs on account of the death, personal injury and property
damage to any person to the extent of available insurance coverages and
proceeds.
D. College shall maintain insurance in compliance with City Insurance
Schedule J, as attached.
E. City shall maintain its membership in the lowa Communities Assurance
Pool during the term of this Agreement and shall, upon request, provide
proof of said membership and coverage to College.
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F. In the event that a claim is made against both Parties, it is the intent of
both Parties to cooperate in the defense of said claim and to cause their
insurers to do likewise. Both Parties shall, however, retain the right to
take any and all actions they believe necessary to protect their own
interests.
G. The College also agrees to provide each student with liability insurance
coverage in the amounts set out in the attached City Insurance Schedule,
at no cost to the DFD.
VII. TERM AND TERMINATION:
A. Term. This Agreement shall be effective November , 2025 for a
term of three (3)years and each year thereafter shall automatically renew
for an additional one-year term, unless this Agreement is terminated as
provided herein.
B. Termination. The Parties have the following rights regarding termination
of this Agreement and termination or suspension of a student's
participation under this Agreement:
1. Termination of Agreement Without Cause. This Agreement
may be terminated without cause at any time by a Party upon
ninety(90)days prior written notice to the other Party. In the event
that this Agreement is terminated pursuant to this paragraph, the
Parties hereby agree that no students participating in an ongoing
field experience will be denied the opportunity to complete such
field experience. In such event, all applicable provisions of this
Agreement, including the right to terminate any student pursuant
to Section VIII, shall remain in force during the extension period
from the effective date of termination, until the student's field
experience is completed.
2. Termination of Agreement With Cause. This Agreement may
be terminated by either Party in the event of an alleged material
breach by the other, upon thirty (30)days prior written notice given
by the non-breaching Party to the other Party, provided such
alleged breach is not cured within said thirty (30) day period.
3. Termination for Noncompliance. This Agreement may be
terminated immediately by either Party if this Agreement (a) is
determined to be in violation of, or (b) causes either Party to be in
noncompliance with, federal or state rules or regulations
applicable to that Party.
4. Termination for Inconsistency with College Standards. This
Agreement may be terminated immediately by either Party upon
College providing written notice to DFD that a provision of the
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contract is inconsistent with the Vision, Mission, Core Values
and/or Beliefs of the College or its affiliates.
VIII. DFD'S RIGHT TO TERMINATE OR SUSPEND STUDENTS:
DFD may dismiss a student from a field experience whose work, conduct, or
health is or is reasonably likely to be detrimental or disruptive to DFD. In the
event of such action, an immediate phone call will be placed to the College
explaining the action, followed by a written evaluation of the incident.
IX. MISCELLANEOUS PROVISIONS:
A. Compliance With and Construction of Law. Each Party shall comply
with all federal, state, and local laws, ordinances or regulations, Joint
Commission on the Accreditation of Healthcare Organizations (JCAHO)
or other applicable accrediting body standards and accepted standards
of practice applicable to student training, and if at any time the
Agreement does not conform thereto, it will be considered amended so
as to conform. This Agreement shall be governed and construed in
accordance with the laws of the State of lowa. Words and phrases in
this Agreement shall be construed in the singular or plural number and
as masculine, feminine, or neuter gender, according to the context.
B. Jeopardy. Notwithstanding anything to the contrary contained in this
Agreement, if a Party's perFormance of this Agreement jeopardizes the
licensure of either Party, the participation of either Party in, or the
payment or reimbursement from, any governmental health care program,
the full accreditation of either Party by any applicable state or nationally
recognized accreditation organization, or the tax exempt status of either
Party, any of such Party's property or financing (or the interest income
thereon, as applicable), or will prevent or prohibit any physician, or any
other health care professionals or their patients from utilizing the services
of either Party, or if for any other reason said perFormance should be in
violation of any statute, ordinance, or be otherwise deemed illegal, or be
deemed unethical by any recognized body, agency or association in the
educational, medical or hospital fields, the affected Party may terminate
this Agreement immediately upon written notice or initiate negotiations
to resolve the matter and, if the Parties are unable to resolve the matter
within thirty (30) days thereafter, the affected Party may, at its option,
terminate this Agreement immediately.
C. Independent Contractors. Each Party is a separate and independent
institution, and this Agreement shall not be deemed to create a
relationship of agency, employment or partnership between them. Each
Party understands and agrees that the agents or employees of each
Party are not employees or agents of the other Party. Services rendered
by students covered by this Agreement are considered to be educational
in nature. Nothing in the execution or performance of this Agreement
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shall be construed to establish an employer-employee, agency,
partnership of joint venture relationship among the parties and their
affiliates.
D. Assignment. All or any portion of this Agreement, or of the rights, duties
and obligations hereunder, shall not be assigned by either Party without
the prior written consent of the other Party. Any purported assignment
in contravention of this provision shall be null and void.
E. Entire Agreement. This Agreement and each expressly referenced
exhibit represents the entire agreement between the Parties concerning
the subject matter. All prior understandings, representations and other
agreements between them with respect to the subject matter hereof are
either merged herein or superseded hereby.
F. Severability. In the event any provision of this Agreement is held invalid,
illegal or unenforceable, in whole or in part, the remaining provisions of
this Agreement shall not be affected thereby and shall continue to be
valid and enforceable.
G. Use of Name. Neither Party shall use the name, logo, or likeness of the
other Party, or the other Party's employee or agent, in any publicity or
advertising material without such other Party's express prior written
consent.
H. Third Party Beneficiaries. Failure of either Party to provide services
hereunder in a manner reasonably acceptable to the other shall
constitute a breach of this Agreement. The Parties specifically disclaim
any attempt, however, to establish any fixed contractual standards for
the quality and efficiency of care rendered by students in the service
tendered hereunder, and further specifically disclaim the existence of any
third party beneficiaries to any contractual standard of care, or the
existence of any other individual or entity who is intended to have a right
to enforce any provision of this Agreement.
I. Notices. Whenever written notice is required or permitted to be given by
either Party to the other, such notice shall have been deemed to have
been sufficiently given if personally delivered or deposited in the United
States mail in a properly stamped envelope, certified or registered mail,
return receipt requested, addressed to:
For College: Des Moines Area Community College
Attn: Dean, Health & Public Services
For DFD: City of Dubuque Fire Department
Attn: Amy Scheller, Chief
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11 West 9th Street
Dubuque, lowa 52001
J. Amendment and Modification. This Agreement may only be amended
by mutual written agreement of the Parties hereto or their duly authorized
representatives and may not be amended or modified in any other
manner.
K. Authority. The persons signing this Agreement warrant that they have
full authority to do so and that the signature of each shall bind the Party
on whose behalf the person signs.
L. Waiver. The failure of either Party to insist in any one or more instances
upon performance of any terms or conditions of this Agreement shall not
be construed as a waiver of future perFormance of any such term,
covenant, or condition; but the obligations of such Party with respect
thereto shall continue in full force and effect.
M. Books and Records. To the extent applicable, the Parties agree to
comply with 42 U.S.C. section 1395x(v)(1)(I) and make available to
appropriate federal authorities the contract, books, documents, and
records reflecting the operation of the field education program for a
period of four (4) years from and after the termination of services under
this Agreement. Additionally, the Parties agree to comply with section
1861(b)(1)(I) of the Social Security Act and require all of their
subcontractors who perform services under this contract with the value
or cost of $10,000 or more over a twelve (12) month period to
contractually agree that, until the expiration of four (4) calendar years
after the furnishing of services under the subcontract, the subcontractor
shall make available, upon written request of the appropriate federal
authorities, the subcontract and books, documents and records of the
subcontractor that are necessary to verify the nature and extent of the
costs involved in the subcontract.
N. Non-Discrimination. Each Party agrees to be responsible for
compliance with all anti-discrimination laws applicable to its respective
activities arising under the terms of this Agreement. Neither Party will
discriminate against any student as provided for in federal and state law
or municipal code.
O. Clinical Practice. No term of this Agreement is intended to directly or
indirectly, covertly or overtly require or solicit referral of patients in any
way, regardless of pay or source, including Medicare and/or Medicaid
patients.
P. Acknowledgment. By their execution of this Agreement, the Parties
stipulate and agree they have read the Agreement, understand the
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Agreement, and agree to the statements and provisions contained
therein.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
respective dates written below.
Des Moines Area Community College City of Dubuque
By: cC'a,'wr�.c By: �/
gnature Si nature
Name: Jeanie McCarville Kerber Name: Michael C. Van Milligen
Printed Printed
Title: Executive Academic Dean Title: City Manager
Date: 3/30/2026 Date: 04/06/2026
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EXHIBIT A
CITY INSURANCE SCHEDULE
City of Dubuque Insurance Requirements for Professional Ser�ices
INSURANCE SCHEDULE J
1. shall fumish a signed cer�ficate cf insurance ta the City of Dubuque,lowa far
the co�erage required in Exhihit I prior to commencing work and at the end of the prcject if the
term of+,vork is longerthan 60days. Contractors presenting annual certificates shall present a
certificate at the end of each prr_jeM with the final hilling. Each certificate shall he prepared an
the mast current ACORD form appr�ved hy the lowa Department of Insurance or an equivalent
approved hy the birector cf Finance and Budget. Each certificate shall include a statement under
Descripiicn of Qperations as to evhy the cert'rficate was issued.Eg: Prcject# or Prcject
Locatic,n at or canstruction of
2_ All pclicies of insurance required hereunder shall be with an insurer authorized to do business in
lawa and all insurers shall have a rating of A or better in the currentA.M_Best's Rating Guide.
3. Each certificate shall he furnished to thE Finance bepartment of the City of buhuque.
4_ Failure to pro�ide caverage required by this Insurance Schedule shall not t�e deemed a waiverof
these requirements by the City of Dubuque. Failure ta obtain or maintain the required insu rance
shall be considered a material breach of this agreement_
5. Contractors shall require all suhconsultants and su�suhconsultantstc ohtain and maintain dunng
the perfcrmance of work insurance forthe co�erages descnhed in this Insurance Schedule and
shall chtain certificates of insurances from all such suhcansultants and suh-suhconsultants.
Coniractors agree that they shall be liable forthe failure of a subconsultant and sub-
subconsultant to c,htain and maintain such co�erages.The City may request a capy af such
certificates fram the Cantractor.
6. All required endorsements shall he attached to the certificate.The certificate is due before the
contracVagreement can be approved.
7. Whenever a specific I50form is listed,required the current editian of the form must be used,or
an equivalentform may h�substituted if appruved by the Directorof Finance and Budget and
suEject ta the c�ntractor identifying and listing in wnting all deviations and P�clusions from the
ISO fami.
8. Contractors shall be requ ir�to carry the minimum coveregeJlimits,or greater if re�uired hy law
or other legal agreement,in Exhihit I. If the contrector's limits of liahilRy are higher than the
required minimum limits then the providers Ilmits shall bethis agreemenYs required limits.
9. Cantractor shall be responsihle fordeductibles and self-insured retention for paymentof all palicy
premiums and other cost assaciated wRh the insurance policies required below.
10. All certificates of insurance must include agents name,phone n umber,and email address_
11. The City uf buhuque reserves the nghtto require complete,certified copies of all required
insurance policies,including endorsements,required hy this Schedule at any time_
12. The City at dubuque reserves the nght to modify these requirements,including limits,based on
changes in the risk orother special circumstances during theterm of the agreement,suEject to
written mutual agreement attached hereto.
Page 1 of 4 ScheduleJ Professional Services Decemher2D24
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City of Uubuque Insurance Requirements for Professional Services
INSURANCE SCHEDULE J (continued}
Exhibit I
A) COMMERCIALGENERALLIABILITY
General Aggregate Limit $2,000,0�]0
Products-Completed Operations Aggregate Limit $1,OU�,UrJfJ
Personal and Advertising Injury Limit $1,OOO,D00
Each Gccurrence $1,OOO,D00
Fire Damage Limit(any one occurrence) $50,000
Medical Payme�ts $5,000
1) Co�erage shall be written on an accurrence,not claims made,form_ The general
liahility coverage shall be wntten in accord with ISO furm CG DO 01 or husiness
owners form BP 00 02.All deviations from the standard ISO cammercial general
liahility form CG 00 U1,or business owners f�rm BP 00 C2,shall be clearty
identitied.
2) Include endorsement indicating that coveragE is primary and non-contributory.
3) Include Presen�ation of Govemmental Immunities Endorsement_(Sample
attached).
4J Include additional insur�i endorsement f�r.
The City of bubuque,including all its electzrJ and appuintzrl officials,all its
employees and�olunteers,all its boards,commissions andlor authonties and
their board members,employees and volunteFrs.Use ISQ fumi CG 2U 26.
5) Policy shall include lNaiver cf Right tc Reco�er frcm�thers Endursement.
6) Pclicy shall include cancellation and material change end�rsement providing
thirty(30)days advancewritten naticeafcancellation,non-renewal,reduction in
insurance coverage andlor limits and ten(10)days written notice of non-payment
of premium shall be sent to=City of Duhuque Finance Department,50 West 13�"
Street bubuque,lowa 52001.
B) AUTOMOBILE LIABILITY
Combined Single Limit $1,OOD,DO�
Coverage shall include all owned,non-rnvned,and hired vehicles. If the Contractor's
business dces not own any vehicles,coverage is required on non-owned and hired
vehicles.
1) Policy shall include Waiverof Ftightto Ftecoverfrom Others endorsement
C) W�RKERS'CDMPENSATIQN 8 EMPLDYERS LIABILITY
Statutory Benefits covering all erttployees injured on thejob hy accident ordisease as
prescribed by lowa Code Chapter 85_
Coverage A Statutory—State of lawa
Coverage B Employers Liahility
EachAccident $1DD,000
Each Employe�disease $1UfJ,p00
Policy Limit Disease $50U,ppU
Policy shall include Waiverof Right to Recoverfrom Others endorsement_
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Page 151 of 901
City of Uubuque Insurance Requirements for Professional Services
Coverage B limits shall be greater if require�J by the umhrella/excess insurer.
OR
If,hy lowa Code 5ection 85.1A,the Cantractor is not required to purohase Workers'
Compensation Insurance,the Contractor shall have a copy of the Stata_'s Nonelection of
Workers'Compensation or Emplayers'Liability Coverage form on file with the lawa
Worlcers'Compensation Insurance Commissioner,as required by lawa Code 5ection
8722. Completed form must be attached.
D) UMBRELLAfEXCESS LIABILITY $1,000,000
The Ceneral Liability,P,utomohile Liahility and Emplr,yers Liahility Insurancz
rEquirements may be satisfied with a combination�f primary and Umbrella or Excess
LiabilitV Insurance. If the Umbrella ar ExcEss Insurance pulicy does natfollow the furm of
the primarg policies,it shall include the same endorsements as required of the primary
policies including but nat limited ta Wai�eraf 5ubrogation and Primary and Non-
contributory in fa�orof the City.
E) PROFESSIONAL LJABILITY $2,OD0,000
If the required policy provides claims-made coverage:
1) The Retroactive Date must be shown and must be before the date af the
ag rae men t.
2J Insurance must be maintained and evidence of insurance must he prorided for at
least five(5)years after completion of the woric or services.
3) If coveraye is cani;elerJ or non-renewe�j an�i not rzplacerJ with another claims-
madE policV form with a Retruactive date prior to the d ate ot the agreement,the
contractor must pro�ide"extended reporting"coverage for a minimum uf fi�e(5)
years after completion of the woris or services.
F) CYBER LIABILITYIBREACH $1,000,000
_Yes X No
Coverage for First and Third Party breach liability including but not limited to lost data and
restoration,loss of income and cyber breach of infarmation.
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City of Uubuque Insurance Requirements for Professional Services
lawa Code Chapter h7�,Liability of Govemmental SuhrJivisi�ns,provides cities with certain immunities
which may he available to you.Naming the City of Dubuque as an additional insured on yuur insurance
as is requested by this Insurance 5chedule may result in yourwaivercf those immunities.If yuu wculd
like to preserve thase immunities,please use this endorsement or an equivalentform.The preservation of
immunities is foryour benefit_
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonevaiverof Governmental Immunitv.ThE insurere,xpressiy ar�rees and states that the purchase
cf this�licy and the including of the City of bubuque,luwa as an P.dditiunal Insured dces not waive any
cfi the defenses of govemmental immunity availahle b�the City of bubuque,lowa u nder L`odE cf luara
Sectiun 670.4 as it now�cists and as it may be amended from time to time.
2. Claims Cuveraae.The insurer further agrees that this�licy af insurance shall cover only those
claims not suEject to the defense of governmental immunity underthe Code of lowa Section 670.4 as it
now exists and as it may he amended from time to time.Those claims not su�ject to Code af lawa
Section 67D.d shall he co�ered by the term�and conditions of this insurance policy.
3. Assertion of Govemment Immunity_The City of Dubuque,low�a shall he responsihle for asserting
any defense of govemmental immunity and may d�so at any time and shall do so upon the timely written
requestof the insurer.
4. Non-Cenial of Coveraae_The insurer shall not deny coverage underthis policy and the insurer
shall nct deny any of the rights and benefits a�cruing to the City of Dubuque, lawa underthis policy for
reasons of go�emmental immunity unless and until a court of competentjurisdicti�n has rulerJ in fa�or of
the defense[s)af govemmental immunity asserted by the City of Duhuque,lowa.
No Other Chanqe in Policy.The above preservation of govemmental immunities shall not otherwise
change or alter the coverage available underthe palicy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS ANd CHECK BOXES)
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Page 153 of 901
Dubuque
THE CITY OF �
All•America Cil�
D B E �,��,��,,K�,����
U ' I I�►
� �
Maste iece on the Mississi i Zoo�.zo�z•2013
�P pp zoi��zol9
TO: Mike Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: April 3, 2026
RE: Catherine Street Storm Sewer Project Contract
Attached are the Public Improvement Contract and Performance, Payment &
Maintenance Bond between the City of Dubuque and Top Grade Excavating, Inc. of
Farley, IA for the Catherine Street Storm Sewer Project.
The project was awarded by the City Council on March 16, 2026.
It would be appreciated if you would execute the attached documents related to this
project. Please return it to the Engineering office for further processing.
Attach.
cc: Kerry Bradley, Eng. Dept.
Page 154 of 901
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PUBLIC IMPIROVEfUIEIdT CONYRACT i
TH1S IMPR4VEMENT C4NTRACT (the Contract), dated for references purposes the 31St day of
;
March, 2026 between the City of Dubuque, lowa, by its City Manager, through authority conferred �
upon the City Manager by ifs City Counci! (City}, and Top Grade �xcava#inq, Inc. (Cantractor). ;
For and in consideration of the mutual covenants herein contained, fihe parties herefio agree
as follows: �
,
CONTRACTOI�AGREES: �
1. To furnish all ma#erial and equipment and to perform all labor necessary for the 2026 i
CATHERINE STREET STORM SEWER PROJECT {Project). '
2. CONTRACT DOCUMENTS
A. The Confiracfi Documents consist of the fiollowing:
1. Project Title Page (Section 001�0}.
2. Project Directory Page (Section 00�01). '
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3. This Public Improvement Con#ract (Section 00504). �
4. Perfiormance, Payment, and Maintenance Bond (Section 00600).
5. Out-ofi Sfiate Contractor Bond (Section 00610).
6. 4#her Bonds:
a. �{Bond Name) (pages_to_ , inclusive).
b. (Bond Name) (pages^to T , inclusive). ;
c. (13ond Name) (pages_to_ , inclusi�e}.
7. The lowa Statewide Urban Design And Specifications (SUDAS) 2023 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2023 Edition.
9. Other Standard and Supplemenfiary Specifications as listed on the Title Page of the
Contract Document Manual.
10.Speciai Provisions included in the project Contract Document Manual.
11.Drawings - Sheet No. A.01 through No. U.08 (17 pages} or drawings consisting of
sheets bearing the following generai title:
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12.Addenda (numbers 1 to 2, inclusive}.
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13.Insurance Provisions and Requirements (Section 00700}. �
14.Sales Tax Exemptian Certificate (Secfiion 00750).
;
15.Site Condition Information (Section 00775). ;
16.Construction Schedule and Agreed Cost of Delay {Section 00800). �
17.Erosion Control Certificate (Section 00900). ;
Page 155 of 901
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18.Consent Decree (Section 01 aU0). _
19.Ofiher Project Information and Permits (Sections 00000 - 0000�). '
20.Exhibits to this Contrac#(enumerated as foliows): ;
a. Contracfior's Bid {pages to inclusive). �
b. Bidder Status Form (Section 00460). ,
c. The following documenfiation thafi must be submitted by Contractor prior to Notice �
of Award. '
i. Con#ractor Background Information Form {Section 00470/00471)
ii.
iii. �
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21.The #ollowing which may be delivered or issued on or after the Effec#ive Date of the
Agreement: '
a. Notice to Proceed (Section 00850}.
b. f'roject Certification Page (Section 00102).
c. Change Orders (Not attached to this agreemenfi). '
22.Autharization Resolution:
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a. Resolution Na. 286-17 Authorizing City Manager to Execute Contracts and i
Leases {Exhibit C}, or
b. Project Sp�cific Resoiution (Resolution No. 92-26).
There are no other Contract Documents. The Confiracfi Documents may only be amended, '
modified, or supplemented as provided in this Contract.
3. All materials used by the Contractor in the Projecf musfi loe of the quality required by the
Contract Documents and must be installed in accordanc�with the Contract Documents.
4. The Contractor must remove any materials rejected by fhe City as defiective or improper, or
any of said work condemned as unsuitable or defective, and the same must be replaced or
redone to the satisfacfiion of the City at the sole cost and expense of the Confiracfior. �
: 5. Three percent(3%) of the Contract price will be refained by the City for a period of thirty(30)
days after final completion and acceptance of the Project by the City Council to pay any claim
. by any party that may be fiied for labor and materials done and furnished in connection with i
the performance of this Cantract and for a longer period if such claims are not adjusted within �
; that thirty (30) day period, as provided in lowa Code Chapfier 573 or lowa Code Chapter 26. ;
The City will also retain additional sums to protect itself against any claim that has been filed '
against it for damages to persons or property arising through the prosecutian of the work and
' such sums will be held by the City untif such claims have been settled, adjudicated or
i otherwise disposed of. ;
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; 6. The Contractor has read and understands the Contract Dacuments herein referred to and
I agrees not to plead misunderstanding or deception related fio estimates of quantity, i
; character, location or other conditions for the Project. ;
j7. In addition to any warranty provided for in the specifiications, fihe Contracfior must also fix any j
; other defect in any part of the Project, even if the Project has been accepted and fully paid �
� for by the City. The Contractor's maintenance bond will be security for a period of two years �
iafter fihe issuance of the Certificate of Substantial Comp[etion. ;
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8. The Contractor must fully complete the Project under this Contract on or before the date
indicafied in the Construction Schedule and Agreed Cost of Delay Section of the Contract
Documents.
9. Indemnification; Liability for City Damage �
;
a. To the fullest extent permitted by law, the Contrac#or shaEl indemnify and hald harmless ;
fihe Ci#y from and against all claims, damages, losses and expenses, including but not �
limified to attorneys' fees, arising out of or resulting from performance of the Contract, �
provided fhat such claim, damages, loss or expense is attributable to bodily injury,
sicicness, disease or death, or injury to or destruction of property (other than the Project -
itselfl including loss of use resulting therefrom, but only fia the extenfi caused in whole or ;
in part by negligent acfis or omissions of the Contractor, the Contractor's subcontractor, '
or anyone directly or indirectly employed by the Contractor or the Contrac#or's ;
subcontractor or anyone for whose acts fihe 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 par�y indemnified hereunder.
b. The Contrac#or shall also be liable to the City for any damage to City property arising out
of or related to the Contractor's negligent performance of the Contract. �
10. The Contractor hereby represents and guarantees that it has not, nor has any other person {
for or in ifis behalf, directly or indirectly, entered infio any arrangement or Contract with any
other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or
public officer any sum of money or anything of vafue whatever in order to obtain this Contract;
and it has not, nor has another person for or in its behalf directly or indirectly, entered into
any Contractor arrangement with any other person, firm, corporation or association which
tends to or does lessen or destroy free competition in the award ofi this Contract and agrees
that in case it hereaf#er be established that such representations or guarantees, or any of
them are false, it will forfeit and pay not less than ten percent (10%}of the Contract price but
in no evenf less than $2,0OO.OQ (Two Thousand Dollars) to the City as agreed upon
damages.
11. The surety on the Bond furnished for this Contract must, in addition to ali other provisions,
be obligated to the extent provrded fior by lowa Code 573.6 relating to this Contract.
12. The Contractor agrees, and i#s Bond is surety therefore, that after �he Certificate of
Substantial Completion has been issued by the City, it will keep and maintain the Project in
good repair for a period of twa (2) years.
13. The City may terminate this Contract with orwithout cause upon sixty(60)days'written notice
deliuered to the Contractor.
14. This Contract shal[ be governed by th� laws of the State of lowa and exclusive jurisdiction �
and venue for any action arising out of or related to this Contract sha{I be in the lowa District
Court for Dubuque County. �
15. Counterparts and Elecfironic Signatures. This Con#ract may be executed in counterparts, �
each of which shall constitute an original, and all of which together shall constitute one and +
the same document. This Contract may be executed by the parties and transmitted by �
SECTfON 00500 electronic transmission, and if so executed and transmitted, shall be �
effective as if the par�ies had delivered an executed original of this Contract. }
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16. Currency. A!I prices and financial fierms referenced herein are intended to be in U.S. dollar j
and shall remain in U.S. dollars despite any exchange rate. i
17. Conflict in Terms. In the event of a conflicfi befiween the terms of this Contract and the terms '
of any af the Contract Documents, the terms of#his Cantract shall prevail. ;
€
18. Legal Compliance. ;
a. The Contractor is responsible for compliance wifih all applicable laws, statutes, rules, 1
regulations, and ordinanc�s which may apply to fihe performance of Contractar's
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obligations under fihis Contract, including but not limited to the laws outlined in Exhibit D, �
and hereby represen#s and warrants that Contractor is in compliance with the same as of
the Effective date and further represenfis that during the Term Contractor will remain in
compliance. Contractor shall require all contractors and subcontractors providing �
services under this Contract shall also certify compEiance with this Section. j
b. When Applicable: �
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Contractor further represents and warrants that Contractor has obtained all necessary ;
business permits and licenses fihat may be required to carry out the obligations pursuant �
fio this Contract, including any permits and licenses that might be required b fihe state or
locality in which Contractor performs the Services, and Contractor agrees to maintain, at `
Contractor's sole expense, such required permits and licenses for the duration of fihe �
term(s) of this Contract. �
;
19. Federally Assisted Project. I
Is this project funded fully or in part with federal funds? I
❑ Yes {if yes, provision a. and b. below apply)
. No
;
a. The Cifiy and the Contractor agree to comply with all provisions of the Davis-Bacon ;
Federal Prevailing Wage Act, related labar requirements and regulations and the '
Federal Wage Determinafiion for this Project. �
b. Equipment or products authorized to be purchased with federal funding awarded for this �
Contract must be American made to fihe maximum extent feasible, in accordance with
Public Law 103-121, Sections 606(a} and {b}. ;
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THE CITY AGREES: '
The City agrees to pay the Contractor for fihe work actually performed under this Contract, up to
the amount stated below, less any damages provided for in the Confract Documenfis.
CONTRACT AM4UNT $232,657.7p
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CITY OF DUBUQUE, IOWA: �
Citv Manaqer's Office i
D ment � ;,
By: `
Si nature ;
Michael C. Van Milligen �
Printed Name �
�
City Manaqer i
Title
04/06/2026
�ate
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CONTRACTOR: '
Top Grade Excavatinq. In,c. �
Contrac� �
By: ,Gt
Signature
U tn /<�a.�n.��.
Printed Name
f/ic.e ��e.5i�c�1' �
_ -- ;
Title ;
0 ��- D1- 2�aa6 '
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Date
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Page 159 of 901 �
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Bond No.2380718
`
PERFORMANCE, PAYMENT AND MAINTENANCE BOND !
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KNOW ALL BY THESE PRESENTS: �
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Thafi we, Top Grade Excavatinq, Inc., as Principal (hereinafter the "Contractor" or "Principal"} !
Swiss F2e Cor orate Solutions America Insurance Cor oration �
and p � , as Surety �
are held and firmly bound unto the City of Dubuque, lowa, as Obligee (hereinafter referred to as
"Owner"), and to all persans who may be injured by any breach of any of the conditions of this Bond
in the penal sum of Two hundred thirtv-two thousand, six hundred fifty-seven dollars and seventy ;
cents ($232,657.70), lawful money of the United Sfiates, for fihe payment of which sum, we11 and i
truly to be made,we bind ourselves, our heirs, iegal representatives and assigns,jointiy or severally, i
firmly by these presents. �
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The conditions of the above obligations are such that whereas said Coritractor entered infio a
contract with the 4wner, bearing date fihe 31 St day of March, 2026, (hereinafter the"Contract") �
wherein said Contractor undertakes and agrees to construct the following project in �
accordance with the Contract Documenfis, and to faithfully perform all the terms and ;
requirements of said Con#rac# within the time therein specified, in a good and workmanlike i
manner, and in accordance with the Contract Documents. The Contract Documenfis for 2026 ;
CATHERINE STREET STORM SEWER PROJECT detail the following described
improvements
The scope of the Project is as follows: all labor, equipmenfi, and materials to ;
install fi�e (5) new storm sewer intakes, install approximately 375 L.F. of �
concrete pipe storm sewer, one (1) new manhole, asphalt pavement removal '
and replacement, concrete curb and gutfier removal and replacement, concrete �
sidewalk removal and replacement.
It is expressly understood and agreed by the Contractor and Surety in fhis Bond that the following
provisions are a part of this Bortd and are binding upon said Contractor and Surety, to wit:
1. PERFORMANCE: The Contractor shall well and faithfully observe, pertorm, fulfill, and abide
by each and every co�enant, condition, and part of said Contract and Con#ract Documents,
by reference made a parfi hereof, for the project, and sha[I indemnify and save harm[ess the
Owner from al{ outlay and expense incurred by the 4wner by reason of the Contractor's
clefault of failure to perForm as required. The Contractor shall also be responsible for the
default or failure to perfiorm as required under the Contract and Contract Documents by all
its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in
the performance o#the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay a!I jusfi claims
submitted by persons, firms, subcontractors, and corporations furnishing materials for or
pertorming labor in the performance of the Confiracfi on account of which this Bond is given,
including but not limited to claims for alI amounts due for labor, materials, lubricants, oil,
gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor
or any subcontractor, wherein the same are not satisfied out of the portion of the contract
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price the Owner is required fo retain unfiil completion of the improvement, but the Contractor i
and Surety shall nofi be liable to said persons, firms, or corporations unless the claims of said ;
claimants against said portion of the contract price shall have been established as provided �
by law. The Contractor and Surety hereby bind themselves to the obligations and conditions �
sefi for�h in Chapter 573 of the lowa Code, which by this reference is made a part hereof as �
though fully set out herein. i
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3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own ;
expense:
� A. To remedy any and all defects that may develop in or result from work to be performed ;
under the Contracf Documents within the period of two (2) year(s) from the date of �
acceptance af the work under the Contract, by reason of defects in workmanship, i
equipment installed, or materials used in construction of said work; ;
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B. To keep all work in continuous good repair; and �
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any
defects are remedied, and to repay the Owner ali outlay and expense incurred as a
result of Contractor's and Surety's failure to remedy any defect as required by this
section.
Contracfior's and Surety's Contract herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepted.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
A. To consent without notice to any extension of time authorized in approved change
orders to the Contractor in which fio perForm the Contract.
- B. To consent withoufi notice to any change in the Contract or Contract Documents,
authorized in approved change orders which thereby increases the total contract price
and the penal sum of this Bond, provided that all such changes do not, in the aggregate,
involve an increase of more than twenty percent (20%) of the tatal contract price, and
that this Bond shafl fihen be released as to such excess increase.
C. To consent without notice that this Bond shall remain in full force and effect until the
Contract is completed, whether completed wifihin the specified contracfi period, within
an exfiension thereof, or within a period of time after the contract period has elapsed
' and the liquidated damage penalty is being charged againsfi fihe Confiractor.
The Contractor and every Surety on the Bond shafl be deemed and held bound, any contract to the
contrary notwifihstanding, to the following provisions:
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D. That no provision of this Bond or of any other confiracfi shall be valid that limits to less �
than five (5) years after the acceptance of the work under the Contract the right to sue '
on this Bond. �
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` E. That as used herein, the phrase "all outlay and expense" is nofi to be limited in any way '
bufi shall include the actual and reasonable costs and expenses incurred by the Owner '
� including interest, benefits, and o�erhead where applicable. Accordingly,"all outlay and �
� expense" would include but not be limited to all contract or employee expense, all �
' equipment usage or rental, materials, testing, outside experts, attorney's fees(including �
; overhead expenses of fihe Owner's staff attorneys}, and al! costs and expenses of �
i litigation as fihey are incurred by the Owner. It is intended the Contractor and Surety ;
; will defend and indemnify the Owner on all claims made against fihe 4wner on account '
; of Contracfior's failure to perForm as required in the Cantract and Contract Documents,
; that all agreements and promises set forth in the Contract and Contract Documents, in
� approved change orders, and in this Bond will be fulfilled, and that the 4wner will be
; fully indemnified so that it will be put into the position it would have been in had the
; Contract been performed in the firsfi instance as required.
i ln the event the Owner incurs any "outlay and expense" in defending itself agains# any claim as to
� which the Contractor or Surety should have provided the defense, or in the enforcement of the
� promises given by the Con#ractor in the Cantract, Contract Documents, or approved change orders,
� or in the enforcement of the promises given by the Contractor and Surety in this Bond, the
� Contracfior and Surety agree that they will make the Owner whole for all such outlay and expense,
� provided that the Surety's obligation under fihis Band shall not exceed one hundred twenty-five
� percenfi (125%) of the penal sum of this Bond.
;
� In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that
the venue thereof shall be Dubuque County, Sfiate of Iowa. If legal action is required by fihe Owner
to enfiorce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of
; the Owner, the Contractor and the Surety agree, jointly, and severally, fio pay the 4wner all outlay
' and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner
hereunder shall be cumulati�e and not alternative and shall be in addition to alf rights, powers, and
; remedies given to the Owner, by law. The Owner may proceed against surety far any amount
! guaranteed hereunder whether action is brought against the Contractor or whether Contractor is
; joined in any such acfiion(s) or not.
� NOW THEREFORE,the condition af this obligation is such that if said Principal shall faithfully perform
all the promises of the Principal, as set forth and provided in the Confiract, in the Contract Documents,
and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and
effect.
When a work,term, or phrase is used in this Bond, it shall be interpreted or canstrued first as defined
i in fihis Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract,
or Contract Documents, it shall be infierpreted or construed as defined in applicable provisions of the
� lowa Cade; third, if not defined in the fowa Code, it shall be interpreted or construed according to its
; generaEly accepted meaning in the construction industry; and fourth, if it has no generally accepted
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meaning in the construction industry, it shall be interpreted or construed according to its common or
customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not
limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond.
Project: 2026 Catherine Street Storm Sewer Project
Location: Catherine Street, Dubuque, lowa
Project Number: 5586500019
Witness our hands, in triplicate, this 31st day of March , 2026.
SURETY COUNTERSIGNED BY: Title
NrA FO APPROVE,D BY:
Signature of Agent v�,
Repr sentative for Owner
Printed Name of Agent
SURETY:
Company Address Swiss Re Corporate Solutions America Insurance Corporation
•or�j�Hb aGrq/
Surety ComP rY ,°`•�".. :.��+'�°,
:o:.•'FO .-Y':
City, State,Zip Code `�`��0. R4lF'r`�;
BY: G%� =��S �HL : _
a re Att rn act Officer =��'�. ;9�3,,:�a=
�'''''�"..':sso�?P�a:�
Company Telephone Number Kat er , ttorney-in-Fact&lowa Resident Anent ��'"°f„"�„�'��:�''�
PRINCIPAL: Printed Name ofAttomey-in-Fact Offi�er
Holmes, Murphy and Associates LLC
Top Grade Excavating, Inc. -----
Company Name
Contractor
2727 Grand Prairie Parkway
By� �� �� Company Address
Signature Waukee, IA 50263
l�en �`/'Ai+1.l� City,State,Zip Code
Printed Name
� (515)223-6800
VI C-Q ��CS�U[^ Company Telephone Number
NOTE:
1. All signatures on this performance, payment, and maintenance Bond must be
original signatures in ink; copies, facsimile, or electronic signatures will not be
accepted.
2. This Bond must be sealed with the Surety's raised, embossing seal.
3. The name and signature of the Surety's Attorney-in-FacUOfficer entered on this
Bond must be exactly as listed on the Certificate or Power of Attorney
accompanying this Bond.
Page 163 of 901
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORAT[ON("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORAT[ON("SRCSPIC")
WESTPORT WSURANCE CORPORATION("l1'IC")
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT SRCSAIC,a corporation duly organized and existing under laws of the State of Missouri,and
having its principal office in the City of Kansas City,Missouri,each does hereby make,constitute,and appoint:
JAY D.FREIERMUTH,CRAIG E.HANSEN,BRIAN M.DEIMERLY,ANNE CROWNER,TIM MCCULLOH,DIONE R.YOUNG,SETH ROOKER.JENNIFER MARINO,
JOSEPH TIERNAN,KATE ZANDERS,SARA HUSTON,JOHN CORD,GRACE DICKINSON,CAMERON BURT,BEN WILLIAMS,JAMIE GIFFORD and ZACH FULLER
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds,consents of surety,or
other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required
or permitted by]aw,regulation,contract or othenvise,provided that no bond or undertaking or contract or suretyship executed under this authorih-
shall exceed the amount of:
ONE HUNDRED TWENTY FIVE MILLION($125,000,000.00)DOLLARS
This Power of Attomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Uirectors of both SRCSAIC and SRCSPIC at mee�ings duly called and held on the 18'h of November 2021 and WIC by written consent of its
Executive Committee dated July 18,2011:
"RESOLV�,D,that any two of the Presiden[,any Managing•Director,any Senior Vice President,any Vice President,the Secretary or any Assistant
Secretary be,and each or any of them hereby is,authorized to execute a Power of Attomey qualifying the attomey named in the given Power of
Attorney to execu[e on behalf of the Corporation bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to
attest to the execution of any such Power ofAttomey and to attach therein the seal of the Corporation; and it is
FUR.TH°R F ESOLVED,that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
an}•certificaie relating thereto by facsimile,and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be
binding�lpon the Corpnratien when so affixed and in the future with regard ro an bond,undertaking or contract of surety to which it is attached."
^A�tn� • r ry O,'� �
c,,{G.,gOLUT7p�;�s, �c��SnPU�r?ONS''+ B�' .
= °i U�P��T ?'Y•��;�µ �rF�,�'Q�: David Seto 'Seuio�Vite iden o C&Senior Viec Prc�idcnl �
:OQ;%� F'•.�La�: sOJ •f�- �'7' { QC���j
.o;� S C A L ,P_ � re�iQ e �A L•,�' of SRCSPIC&SeWor Vlce Prcsidenl of WIC '�j �e� } �
:n'_ _ :m9 • �t �
:Yi . �J :�; j
/j S
's�d'•. 19'l3.. :'.w` '+��'•. f�,r� /[� , -- f
'.J''•.4s� 1�r 7 8 :J`,-•.!Ii5 Ja✓'�')r / ���•
%.8i,••.S�OU..��� • y .. �SO . p By
''•,'�yS * �,���.r ''.�S �* 'd�,.•` Ga iclJacquez,tieninr� e Prr�Irot nf tiR('ti;\IC A 5 ice Nresidenf +
�""`"� " "`"� "" � of SRCSPIC&S lor� ce Preeident of N
[N WITNESS WHEREOF,SRCSAIC have caused their official seals to be hereunt_ ul xcd,and these "�nt. be si�ned by their authorized officers this
>>t�ay of �une 20 25
Swiss Re Corporate Solutions America[nsurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook � Westport Insurance Corporation
11'" June 25
On this day of ,20 ,before me,a Notary Public personally appeared David Satorv,Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President of W IC,and Gabriel Jacauez.Senior Vice President of SRCSAIC and Senior Vice President o
SRCSPIC and Senior Vice President of W IC,personally known to me,who being by me duly swom,acknowledged that they signed the above Power of Attomey
o c o a a 2wle�ge�said instrument to be the voluntary act and deed of their respective co anies.
OFFICWI SEAL
KAREN M SZWEDA
Nolery PuhM1c,Slate d Iltlrais
Ca�wnistion No 978628
M Commissqn Expires Seplember 16 102� en M. ,Notary
1,Jeffrev Goldberk,the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC do hereby certify that the above and
foregoing is a true and correct copy ofa Power ofAttomey given by said SRCSA[C and SRCSPIC and WIC,which is still in full force and effect.
[V WITNESS WHEREOF,1 have set my hand and affuced the seals of the Companies this 31st day of March ,Zp 26
rcy Goldberg,Senior 'ice Presidein-�' : ..is�ant
Secretary vf SRCSAIC and SRCSP[C and WIC
Page 164 of 901
�
T E C H N O L O G I E S
4122-0155
Steve Puls March 20, 2026
City of Dubuque - IT
Wilbricht Lane Tree Crew Fiber
Wilbricht Lane and Asbury Road, Dubuque lowa
Fiber Addition
Thank you for considering Globalcom Technologies to submit a proposal for this Scope of Work.
Please accept this as Globalcom Technologies' proposal for procurement and installation for the
Wilbricht Lane Tree Crew Building as detailed in the following Scope of Work.
Scope of Work:
Fiber Backbone
o Furnish and install 12-Strand Single-mode OS2 Optic from the Tree Crew Building to the
City of Dubuque Existing Traffic Cabinet on Asbury Road.
o Furnish and install (1) 1RU fiber enclosure.
o Fiber will be terminated on LC connectors utilizing Fusion-Spliced Pigtails.
o Fibers strands will be tested for insertion loss at 1310/1550um unidirectionally.
o Fibers will be tested in single direction utilizing an OTDR at 1310/1550um.
o Fiber tests will be conducted utilizing a Fluke DSX-8000 cable certifier and the
appropriate fiber test modules.
Total Quote ................................................................................. $17,705.00
**Sales Tax is not included with this Quote**
Thank you for the opportunity to provide a quote for your project and I look forward to discussing it with
you further. Please feel free to contact me with any questions regarding this proposal.
Sincerely,
Josh Haase
Manager of Dubuque Operations
Globalcom Technologies
Joshh(a�gctech.us
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
14 Marsh Court• Madison, WI 53718• 608-663-8016
750 Cedar Cross Road• Dubuque, IA 52001 • 563-690-0003
N27 W23713 Paul Rd. —Suite 8 • Pewaukee, WI 53072• 262-696-4590
www.gctech.us
Page 165 of 901
Clarifications
o Locations will be identified, and site verified before installation.
o Installation schedule will be coordinated with owner prior to beginning work.
o Any and all systems that are not included in the above proposal are not the
responsibility of Globalcom Technologies.
o Patch cords are not included.
o Electrical Power circuits, UPS, PDUs or other power quality devices are not included.
o Devices&System cross connect&system configuration are not included.
o Labor is based on installation during normal business hours and does not include
weekend, holiday or shift work.
o Project completion acceleration outside of the initial agreement may inquire additional
compensation.
o Computer-generated labels will be supplied at each end of cables.
Globalcom Technologies adheres to the following standards:
NFPA-Article 70 NEC
ANSI/TIA-568.0-E Generic Telecommunications Cabling for Customer Premises
ANSI/TIA-568.1-E Commercial Building Telecommunications Cabling Standards
ANSI/TIA-568.2-D Balanced Twisted-Pair Telecommunications Cabling
ANSI/TIA-568.3-E Optical Fiber Cabling Components
ANSI/TIA-569-E Pathways and Spaces Standard
ANSI/TIA-606-D Administration Standard
ANSI/TIA-607-E Grounding and Bonding Standard
ANSI/TIA-942 Data Center Cabling Standard
ANSI/TIA-1152-A Field Test Instruments and Measurements for Balanced Twisted-Pair Cabling
Terms&Conditions:
• The scope of work is based on our knowledge of the current requirements and project goals.
• The fees stated in this engagement will be honored for 30 days from the date of this proposal,
except copper materials which are subject to adjustment per market price changes.
• All material is based on vendor pricing at the time of quote. Should any effects from tariffs,
either new or existing, result in increases to these cost,we reserve the right to modify pricing
accordingly.
• The fees do not include applicable sales tax and/or owner expediated shipping charges.
• A Change Order for work that is outside the agreed-upon scope of this proposal will require
authorization to proceed.
• Fees and expenses will be billed as incurred in the form of a progress billing
• Payment of our progress billing is expected within 30 days after invoice date.
• Globalcom reserves the right to negotiate the terms and conditions of any other contract or
language suggested outside of this proposal.
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
14 Marsh Court• Madison, WI 53718• 608-663-8016
750 Cedar Cross Road• Dubuque, IA 52001 • 563-690-0003
N27 W23713 Paul Rd. —Suite 8 • Pewaukee, WI 53072• 262-696-4590
www.gctech.us
Page 166 of 901
Indemnification:
To the fullest extent permitted by law, Globalcom Technologies shall defend, indemnify and
hold harmless the Owner and its agents, consultants, and employees from all claims for bodily
injury and property damage that may arise from the performance of the Contract Work to the
extent of the negligence attributed to such acts or omissions by Globalcom Technologies, its
subcontractors or anyone employed directly or indirectly by any of them or by anyone for whose
acts any of them may be liable.
Insurance:
The Owner shall be responsible for purchasing and maintaining the Owner's usual liability
insurance and property insurance written on a builder's risk "all-risk" or equivalent policy form
comprising the total value of the entire project.
Counterparts:
The undersigned parties agree that this Agreement may be executed in multiple counterparts,
each of such counterpart shall be deemed to constitute one and the same instrument and each
of said counterparts shall be deemed an original hereof. Facsimile and electronic PDF signatures
of this Agreement shall be treated as original signatures.
If the above terms are acceptable to you and the services outlined are in accordance with your
needs, please sign the original acceptance page of this proposal letter and return it to me.
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
14 Marsh Court• Madison, WI 53718• 608-663-8016
750 Cedar Cross Road• Dubuque, IA 52001 • 563-690-0003
N27 W23713 Paul Rd. —Suite 8 • Pewaukee, WI 53072• 262-696-4590
www.gctech.us
Page 167 of 901
Acceptance Pa�e
This Agreement is entered as of the day and year first written above.
OWNER: CONTRACTOR:
City of Dubuque Globalcom Technologies
v �
Aut orized Signature Authorized Signature
Michael C. Van Milligen, City Manager
Print Name,Title Print Name,Title
Billing Information
Purchase Order
Number
Billing Contact Name
Email
Phone
Billing Address
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
14 Marsh Court• Madison, WI 53718• 608-663-8016
750 Cedar Cross Road• Dubuque, IA 52001 • 563-690-0003
N27 W23713 Paul Rd. —Suite 8 • Pewaukee, WI 53072• 262-696-4590
www.gctech.us
Page 168 of 901
Dubuque City Of Dubuque
THE CITY OF
Water
�.�,�, Department
DT 7� � �I I I I► 1902 Hawthorne St
v (address)
2007•2012•2013
Masterpiece on tl�e Mississi��pi zoi�=zoi9 Dubuque, IA 52001
PhOng # 563-589-4291
CITY OF DUBUQUE, IOWA
SHORT FORM
PUBLIC IMPROVEMENT CONTRACT
PROJECTS ESTIMATED AT LESS THAN $100,000.00
Check Appropriate Box
0 Estimate under$25,000.00
❑ Estimate between $25,000.00 and $99,999.99
THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), between the City of Dubuque, lowa
(City), by its City Manager, through authority conferred upon the City Manager by its City Council and
Westphal &Company (Contractor) at
(Contractor Name)
750 Cedar Cross Road
(Contractor's Address - City and State)
PROJECT TITLE: Mt Carmel Generator and ATS Installation
(Project)
For and in consideration of the mutual covenants herein contained, the parties hereto agree as
follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perForm all labor necessary for:
Procure and install automatic transfer switch and electric wiring to hook up to Owner-provided generator.
Refer to proposal letter dated 10/06/2025.
The work described above shall be completed at the following location(s):
745 Mt. Carmel Rd
The Project shall be constructed to the meet the requirements as described in this Contract; in
strict accordance with the requirements of the laws of the State of lowa and ordinances of the
City of Dubuque, just as much as if the detailed statements thereof were repeated herein.
2. Contract Documents shall mean and include the following where applicable:
Page 169 of 901
Documents listed in bold should be attached to this document upon submission.
• Request for Bid or procurement documentation;
• This Contract;
• All ordinances and resolutions heretofore adopted by the City Council having to do with the
Project;
• The Contractor's Bid or procurement documentation;
• Consent Decree Certification Form, if applicable (Exhibit A);
• Bond Form, if applicable (Exhibit B);
• Plans and Specifications;
• SUDAS Standard Specifications (Current Edition) including but not limited to Division 1:
General Provisions and Covenants and the City of Dubuque Supplemental Specifications —
Division 1 (Current Edition);
• General Requirements as adopted by the City Council for the Project;
• Insurance Schedule F (Exhibit C); and
• Other
Is the project over$25,000.00?
❑ Yes 0 No
If yes, Bond Form is required, see Exhibit B.
3. All materials used by the Contractor in the Project shall be the best of their several kinds and
shall be put in place to the satisfaction of the City Manager.
4. The Contractor shall remove any materials rejected by the City Manager as defective or
improper, or any of said work condemned as unsuitable or defective, and the same shall be
replaced or done anew to the satisfaction of the City Manager at the cost and expense of the
Contractor.
5. Three (3%) of the Contract price may be retained by the City for a period of thirty (30) days after
final completion and acceptance of the Project by the City Manager to pay any claim that may
be filed within said time for labor and materials done and furnished in connection with the
performance of this Contract and for a longer period if such claims are not adjusted within that
time, as provided in lowa Code Chapter 573. The City shall also retain additional sums to protect
itself against any claim that has been filed against it for damages to persons or property arising
through the prosecution of the work and such sums shall be held by the City until such claims
have been settled, adjudicated or otherwise disposed of.
6. The Contractor has read and understands the Contract and the project description described in
Section 1 and the Contract Documents outlined in Section 2 and agrees not to plead
misunderstanding or deception.
7. The Contractor shall guarantee for a period of two years and make good any other defect in any
part of the Project due to improper construction or material perFormance notwithstanding the fact
that said Project may have been accepted and fully paid for by the City. The guarantee shall
commence on the date that the City pays full compensation for the complete performance of this
contract.
Page 170 of 901
8. The Contractor shall fully complete the Project under this Contract on or before
06/30/2026
(DATE)
9. Indemnification from Third Party Claims; Liability for City Damage.
A. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless
City, its officers and employees, from and against all claims, damages, losses and expenses
claimed by third parties, but not including any claims, damages, losses or expenses of the
parties to this Contract, including but not limited to attorneys' fees, arising out of or resulting
from perFormance of this Contract, provided that such claim, damages, loss or expense is
attributable to bodily injury, sickness, disease or death, or injury to or destruction of property,
including loss of use resulting therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of Contractor, or anyone directly or indirectly employed by
Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not
such claim, damage, loss or expense is caused in part by a party indemnified hereunder.
B. The Contractor shall also be liable to the City for any damage to City property arising out of
or related to the Contractor's negligent performance of the Contract.
10. Prior to the commencement of any work on the Project and at all times during the performance
of this Contract, the Contractor shall provide evidence of insurance which meets the
requirements of the City's Insurance Schedule F attached to this Contract as Exhibit C.
11. Permits and Licenses. Contractor further represents and warrants that Contractor will obtain all
necessary business permits and licenses that may be required to carry out the obligations
pursuant to this Contract, including any permits and licenses that might be required by the state
or locality in which Contractor perForms the Services, and Contractor agrees to maintain, at
Contractor's sole expense, such required permits and licenses for the duration of the term(s) of
this Contract.
12. Legal Compliance. Contractor is responsible for compliance with all applicable laws, statutes,
rules, regulations, and ordinances which may apply to the perFormance of Contractor's
obligations under this Contract, including but not limited to the laws outlined in Exhibit , and
hereby represents and warrants that Contractor is in compliance with the same as of the
Closing/Effective Date and further represents that during the Term Contractor will remain in
compliance. Contractor shall require all contractors and subcontractors providing services under
this Contract shall also certify compliance with this Section.
When Applicable:
Contractor further represents and warrants that Contractor has obtained all necessary business
permits and licenses that may be required to carry out the obligations pursuant to this Contract,
including any permits and licenses that might be required by the state or locality in which
Contractor perForms the Services, and Contractor agrees to maintain, at Contractor's sole
expense, such required permits and licenses for the durations of the term(s) of this Contract.
13. The City may terminate this Contract with or without cause upon fourteen (14) days' written
notice delivered to the Contractor.
Page 171 of 901
14. This Contract shall be governed by the laws of the State of lowa and exclusive jurisdiction and
venue for any action arising out of or related to this Contract shall be the lowa District Court for
Dubuque County
15. The City is exempt from federal excise tax and lowa sales tax.
16. In the event any article, service, or process sold, delivered and/or performed hereunder is
covered by any patent, copyright, or application for either, the Contractor will indemnify and
save harmless the City from any and all loss, cost, or expenses on account of any and all claims,
suits, or judgments on account of the use or sale of such article or the use of such service or
process in violation of any patent, copyright, or application.
17. The Contractor agrees not to release any advertising copy mentioning the City or quoting the
opinion of any City employee without prior written authorization from the City of Dubuque.
18. Current Safety Data Sheets (SDS), when applicable to the order, will be provided by the
Contractor in accordance with all regulations.
19. The terms and conditions of sale as stated in this order govern in the event of conflict with any
terms of the Contractor's proposal, and are not subject to change by reason of any written or
verbal statements by the Contractor or by and terms stated in the Contractor's acknowledgment
unless same be accepted in writing by the City.
20. The City of Dubuque, State of lowa and Department of Justice have entered into a Consent
Decree requiring the City to complete certain capital improvements pursuant to an established
schedule and to comply with certain capital improvements pursuant to an established schedule
and to comply with certain reporting and recordkeeping requirements. One of the terms of the
Consent Order is for the City to advise contractors whose duties might reasonably include
compliance with any provision of the Consent Decree with a copy of the Consent Decree. The
City expects its contractors to comply with the Consent Decree and to assist the City in
complying with the Consent Decree. As a requirement of this Contract, the Contractor shall
execute and return to City Exhibit the Certification Form attached this this Contract as Exhibit
A.
� THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED
TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION
ARE APPLICABLE.
�✓ THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
Page 172 of 901
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: $ 24,740.00
CITY OF DUBUQUE, IOWA CONTRACTOR:
By: ��,r� ��,,�,������== 04/07/2026 Westphal &Company. Inc.
T � Date Company Name
By; Jayden Herrig e��e,e ^""°m°'"" 04/07/2026
Signature Date
Jayden Herrig
Printed Name
Branch Manager
Title
Page 173 of 901
Dubuque
THE CITY OF �
All•America Cil�
D B E �,��,��,,K�,����
U ' I I�►
� �
Maste iece on the Mississi i Zoo�.zo�z•2013
�P pp zoi��zol9
TO: Mike Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: April 8, 2026
RE: 2026 Public Works Asphalt Overlay Program Sidewalk Curb Ramp
Project — Bid Package 3
Attached are the Public Improvement Contract and Performance, Payment &
Maintenance Bond between the City of Dubuque and Midwest Concrete, Inc. of
Peosta, IA for the 2026 Public Works Asphalt Overlay Program Sidewalk Curb Ramp
Project — Bid Package 3.
The project was awarded by the City Council on April 6, 2026.
It would be appreciated if you would execute the attached documents related to this
project. Please return it to the Engineering office for further processing.
Attach.
cc: Kerry Bradley, Eng. Dept.
Page 174 of 901
SECTION 00500 '
Page 1 of 5
PIJ�LIC iMPR�VEMENT COfVTRACT
SECTION 00500 '
THIS IMPROVEMENT CONTRACT (the Contract), dated for references purposes the 7t" day of
April, 2026 between the City of Dubuque, lowa, by its City Manager, through authority conferred
upon the City Manager by its City Council (City), and Midwest Concrete Inc. (Contracfior).
For and in consideration of fihe mutual covenants herein confiained, the parties hereto agree
as follows: '
CONI'RACT(�R AGR�E�:
1. To furnish all mafierial and equipment and to perform all labor necessary forthe 2026 PUBLIC
WORKS ASPHALT OVERLAY PROGRAM SIDEWALK CURB RAMP PROJECT - BID '
PACKAGE 3 (Project).
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
1. Project Title Page (Section 00100).
2. Project Directory Page (Section 00101).
3. This Public Improvement Contract (Section 00500).
4. Performance, Payment, and Maintenance Bond (Section 00600).
5. Out-of-State Contractor Bond (Section 00610).
6. Other Bonds:
a. (Bond Name) (pages_to _ , inclusive). ,
b. (Bond Name) (pages_to_ , inclusive).
c. (Bond Name) (pages_to_ , inclusive).
7. The lowa Statewide Urban Design And Specifications (SUDAS) 2023 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2023 Edition.
9. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
10.Special Provisions included in the project Contract Document Manual.
11.Drawings - Sheet No. through No. (00 pages) or drawings consisting of
sheets bearing the following general title: ALL
12.Addenda (numbers 1 to 1 , inclusive). '
13.Insurance Provisions and Requirements (Section 00700).
14.Sales Tax Exemption Certificate (Section 00750). '
15.Site Condition Information (Section 00775).
16.Construction Schedule and Agreed Cost of Delay (Section 00800). '
17.Erosion Control Certificate (Section 00900). I
Page 175 of 901
SECTION 00500
Page 2 of 5
18.Consent Decree (Section 01000).
19.Other Project Information and P�rmits (Secfiions 00000 - 00000).
20.Exhibits to this Confiract (enumerated as follows):
a. Contractor's [3id (pages to inclusive).
b. Bidder Sfiatus Form (Section 00460).
c. The following documentation that must be submitted by Contractor prior to Notice
of Award.
i. Contractor Background Information Form (Section 00470/00471)
ii.
iii.
21.The following which may be delivered or issued on or after the Effective Date of the
Agresment:
�. Notice to Proceed (Section 00850).
b. Project Certification Page (Section 00102). ;
c. Change Orders (Not attached to this agreement).
22.Authorization Resolution: '
a. Resolution No. 2�6-17 Authorizing City Manager to Execute Contracts and
Leases (Exhibit C), or
b. Project Specific Resolution (Resolufiion No. -26).
There are no other Contract Documents. The Contract Documents may only be amended,
modified, or supplemented as provided in this Contract.
3. All materials used by fihe Contractor in the Project must be of the quality required by the ,
Contract Documents and must be installed in accordance with the Contracfi Documents.
4. The Contractor must remove any materials rejected by the City as defective or improper, or
any of said work condemned as unsuitable or defective, and the same must be replaced or
redone to the satisfaction of the City at the sole cost and expense of the Contractor.
5. Three percent (3%) of the Contract price will be retained by the City for a period of thirty (30)
days aft�r final completion and acceptance of the Project by the City Gouncil to pay any claim
by any party that may be filed for labor and materials don� and furnished in connection with
the performance of this Contracfi and for a longer period if such claims are not adjusted wifihin
that thirty (30) day period, as provided in lowa Code Chapter 573 or lowa Code Chapter 26. '
The City will also retain addifional sums to protect itself against any claim that has been filed
against it for damages to persons or property arising through the prosecution of the work and '
such sums will be held by the City until such claims have been settled, adjudicated or
otherwise disposed of.
6. The Contractor has read and understands the Contract Documents herein referred to and
agrees not to plead misunderstanding or deception related to estimates of quantity,
character, location or other conditions for the Project. '
7. In addition to any warranty provided for in the specifications, the Contractor must also fix any
other defect in any part of the Project, even if the Project has been accepted and fully paid
for by the City. The Contractor's maintenance bond will be security for a period of two years
after the issuance of the Certificate of Substantial Completion.
Page 176 of 901 '
s�c�io� oo�oo
Page 5 of 5
8. The Contractor must fully complete the Project under this Contract on or before the date
indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract
Documents. '
9. 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 h�reunder. '
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. I
10. The Contractor hereby represents and guarantees that ifi has not, nor has any other person
for or in its behalf, directly or indirecfily, entered into any arrangement or Contracfi with any '
other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or
public officer any sum of money or anything o�value whatever in order to obtain this Contract;
and it has not, nor has another person for or in its behalf directly or indirectly, entered into
any Contractor arrangement with any other person, firm, corporation or association which
tends to or does lessen or destroy free compefiition in the award of this Contract and agrees
thafi in case it hereafter be established that such representations or guaranfiees, or any of
them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but
in no event less than $2,000.00 (1"wo Thousand Dollars) to the City as agreed upon '
damages. '
11. The surety on the Bond furnished for this Contract must, in addition to all other provisions,
be obligated to the exfient provided for by lowa Code 573.6 relating to this Contract.
12. The Contractor agrees, and its Bond is surety therefore, that affer the Certificate of
Substantial Completion has been issued by the City, it will keep and maintain the Project in '
good repair for a period of two (2) years.
13. The City may terminate this Contract with or without cause upon sixty(60)days'written notice
delivered to the Contractor.
14. This Contract shall be governed by the laws of the State of lowa and exclusive jurisdiction
and venue for any action arising out of or related to this Contract shall be in the lowa District '
Court for Dubuque County. ,
15. Counterparts and Electronic Signatures. This Confiract may be executed in counterparts, '
each of which shall constitute an original, and all of which together shall constitute one and '
the same document. This Contract may be executed by the parties and transmitted by
SECTION 00500 electronic transmission, and if so executed and transmitted, shall be
effective as if the parties had delivered an executed original of this Contract.
Page 177 of 901
��CT'ION 00500
Page 4 of 5
16. Currency. All prices and financial terms referenced herein are intended to be in U.S. dollar
and shall remain in U.S. dollars despite any exchange rafie.
17. Conflict in Terms. In the event of a conflict between the fierms of this Contract and the terms
of any of the Contract Documents, the terms of this Contract shall prevaiL '
18. Legal Compliance. '
a. The Contractor is responsible for compliance with all applicable laws, sfiatutes, rules,
regulations, and ordinances which may apply to the performance of Contractor's
obligations under this Contract, including but not limited to the laws outlined in Exhibit D, '
and hereby represents and warrants that Contractor is in compliance with the same as of ;
the Effective date and further represents that during the Term Contractor will remain in
compliance. Contractor shall require all contractors and subcontractors providing
services under this Contract shall also certify compliance with this Section.
b. When Applicable: '
Contractor further represents and warrants that Contractor has obtained all necessary '
business permits and licenses that may be required to carry out the obligations pursuant '
to fihis Contract, including any permits and licenses that might be required b fihe state or
locality in which Contractor perfnrms the Services, and Contractor agrees to maintain, at
Contractor's sole expense, such required permits and licenses for the duration of the '
term(s) of fihis Contract. '
19. Federally Assisted Project.
Is this project funded fully or in part with federal funds?
❑ Yes (if yes, provision a. and b. below apply)
x No '
a. The City and the Confiractor agree to comply with all provisions of the Davis-Bacon
Federal Prevailing Wage Act, related labor requirements and regulations and the
Federal Wage Determination for this Project.
b. Equipment or products authorized to be purchased with federal funding awarded for this
Contracfi must be American made to the maximum extenfi feasible, in accordance with
Public Law 103-121, Sections 606(a) and (b).
1'HE CI`fY iAC�REES: '
The City agrees to pay the Contractor for the work actually performed under fihis Contract, up to
the amount stated below, less any damages provided for in the Contract Documents.
CONTRACT AMOUNT $ 264,271.00
Page 178 of 901
��CTION 00500 '
Page 5 of 5 '
CITY OF Dl1�UQUE, IOW�:
City Manac�er's Office
De artment
By: �
Si nature
Michael C. Van Milliqen '
Printed Name '
City Manaqer
Title
4/8/2026
Date
CONT'ft�4C��"OR:
Midwest Concrete Inc.
Contra.fi� ��.,.�--
By: � � �'''� '
Sign� re
��Il COateS
Printed Name
President
Titl� .
i.� � "p�- �,�l�
Date
=-�= E�lD OF SECl"ION 00500 =_=- '
Page 179 of 901
I L i I �I
SECTION 00900
City: City of Dubuque
Address: 50 W 13t" Street
Dubuque, IA 52001
Project: 2026 Public Works Asphalt Overlay Program
Sidewalk Curb Ramp Project - Bid Package 3 '
Contract No. 5�21000002 i
Description: The scope of the Project is as follows: all labor, equipment, and materials
to install 45 ADA accessible curb ramps along 28t" St, 29t" St, 30t" St.,
Diagonal St., Broadway St., Fulton Sfi., Argyle St. &Windsor Ave. in relation
to the curb ramp work, adjacent pavement, sidewalks, storm sewer and
landscape restoration work.
I certify under penalty of law that I understand the terms and conditions of the National I
Pollutant Discharge Elimination System (NPDES) Permit that authorizes the storm water
discharges associated with industrial activities from the construction site and as detailed
in the Contract Documents. Further, by my signature, I understand that I am becoming a
co-permittee, along with the owner(s) and other contractors and subcontractors signing
such certifications, to the lowa Departmenfi of Natural Resources NPDES General Permit '
No. 2 for °Storm Water Discharge Associated with Industrial Activity for Construction '
Activifiies" at the project site. As a co-permittee, I understand that I, and my company,
are legally required under the Clean Water Act and the Code of lowa, to ensure '
compliance with the terms and conditions of the storm water pollution prevenfiion plan
developed under this NPDES permit and the terms of this NPDES permit.
I agree to indemnify and hold the City harmless from any claims, demands, suits, causes
of action, settlements, fines, orjudgments and costs of litigation, including, but not limited
to, reasonable attorney's fees and costs of investigation and arising from a condition,
obligation, or requirement assumed or to be perFormed by the Contractor for storm water
pollution and erosion controL I
Fines and other costs incurred against the City for the Contractor's failure to provide the
required erosion control practices will be paid by the Contractor.
Contractor: Midwest Concrete Inc.
By: ;�
(Auth ized ignature) '
Presi�nt
(Title)
Page 180 of 901 '
Bond No.2673146
SECTION 00600
Page 1 of 4 '
PERFORM`4NCE�, PAYMEfVT �tIVD 11�AIfVI"�NANCE �OND
SECTION 00600 '
KNOW ALL BY THESE PRESENTS: '
That we, Midwest Concrete, Inc., as Principal (hereinafter the "Contractor" or `PrincipaP') '
and West Bend Insurance Company , as Surety
are held and firmly bound unto the City of Dubuque, lowa, as Obligee (hereinafter referred to as '
"Owner"), and to all persons who may be injured by any breach of any of the conditions of this Bond
in the penal sum of two hundred sixty-four thousand, two hundred seventv-one dollars and zero ',
cents ($264,271,00), lawful money af the United States, for the payment of which sum, well and '
truly to be made,we bind ourselves, our heirs, legal representatives and assigns,jointly or severally, i
firmly by these presents. '
The conditions of the above obligations are such that whereas said Contractor entered into a contract
with the Owner, bearing date the 7t" day of April, 2026, (hereinafter the "Contract") wherein said '
Contractor undertakes and agrees to construct the following project in accordance with the Contract '
Documents, and to faithfully perfarm all the terms and requirements of said Contract within the time '
therein specified, in a good and workmanlike manner, and in accordance with the Contract
Documents. The Contract Documents for 2026 PUBLIC WORKS ASPHALT OVERLAY PROGRAM
SIDEWALK CURB RAMP PROJECT- BID PACKAGE 3 detail the following described improvements:
The scope of the Project is as follows: all labor, equipment, and materials to install .
45 ADA accessible curb ramps along 28t" St, 29th St, 30th St., Diagonal St.,
Broadway St., Fulton St., Argyle St. & Windsor Ave. in relation to the curb ramp
work, adjacent pavement, sidewalks, storm sewer and landscape restoration work.
It is expressly understood and agreed by the Contractor and Surety in this Bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: ;
1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide
by each and every covenant, condition, and part of said Contract and Contract Documents,
by reference made a part hereof, for the project, and shall indemnify and save harmless the
Owner from all outlay and expense incurred by the Owner by reason of the Contractor's
default of failure to perForm as required. The Contractor shall also be responsible for the
default or failure to perForm as required under the Contract and Contract Documents by all
its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in '
the performance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing materials for or
performing labor in the performance of the Contract on account of which this Bond is given,
including but not limited to claims for all amounts due for labor, materials, lubricants, oil,
gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor '
or any subcontractor, wherein the same are not satisfied out of the portion of the contract
price the Owner is required to retain until completion of the improvement, but the Contractor
and Surety shall not be liable to said persons, firms, or corporations unless the claims of said '
Page 181 of 901
SECTION 00600 '
Page 2 of 4 '
claimants against said portion of the contract price shall have been established as provided '
by law. The Contractor and Surety hereby bind themselves to the obligations and conditions '
set forth in Chapter 573 of the lowa Code, which by this reference is made a part hereof as '
though fully set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own
expense;
A. To remedy any and all defects that may develop in or result from work to be performed ;
under the Contract Documents within the period of two (2) year(s) from the date of
acceptance of the work under the Contract, by reason of defects in workmanship,
equipment installed, or materials used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any '
defects are remedied, and to repay the Owner all outlay and expense incurred as a '
result of Contractor's and Surety's failure to remedy any defect as required by this
section. '
Contractor's and Surety's Contract herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepted,
4. GENERAL: Euery Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions;
A. To consent without notice to any extension of time authorized in approved change
orders to the Contractor in which to perform the Contract.
B. To consent without notice to any change in the Contract or Contract Documents, ;
authorized in approved change orders which thereby increases the total contract price
and the penal sum of this Bond, provided that all such changes do not, in the aggregate,
involve an increase af more than twenty percent (20%) of the total contract price, and
that this Bond shall then be released as to such excess increase.
C. To consent without notice that this Bond shall remain in full force and effect until the '
Contract is completed, whether completed within the specified contract period, within
an extension thereof, or within a period of time after the contract period has elapsed
and the liquidated damage penalty is being charged against the Contractor.
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
D. That no provision of this Bond or of any other contract shall be valid that limits to less ,
than five (5) years after the acceptance of the work under the Contract the right to sue
on this Bond.
Page 182 of 901
SECTION 00600
Page 3 of 4
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way '
but shall include the actual and reasonable costs and expenses incurred by the Owner '
including interest, benefits, and overhead where applicable. Accordingly, "all outlay and
expense" would include but not be limited to all contract or employee expense, all
equipment usage or rental, materials, testing, outside experts, attorney's fees (including
overhead expenses of the Owner's staff attorneys), and all costs and expenses of
litigation as they are incurred by the Owner. It is intended the Contractor and Surety
will defend and indemnify the Owner on all claims made against the Owner on account ' '
of Contractor's failure to perform as required in the Contract and Contract Documents,
that all agreements and promises set forth in the Contract and Contract Documents, in
approved change orders, and in this Bond will be fulfilled, and that the Owner will be '
fully indemnified so that it will be put into the position it would have been in had the '
Contract been performed in the first instance as required.
In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to
which the Contractor or Surety should have provided the defense, or in the enforcement of the '
promises given by the Contractor in the Contract, Contract Documents, or approved change orders,
or in the enforcement of the promises given by the Contractor and Surety in this Bond, the '
Contractor and Surety agree that they will make the Owner whole for all such outlay and expense,
provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five
percent (125%) of the penal sum of this Bond. '
In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that
the venue thereof shall be Dubuque County, State of lowa. If legal action is required by the Owner
to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of
the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay
and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner '.
hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and
remedies given to the Owner, by law. The Owner may proceed against surety for any amount
guaranteed hereunder whether action is brought against the Contractor or whether Contractor is
joined in any such action(s) or not.
NOW THEREFORE, the condition of this abligation is such that if said Principal shall faithfully perform
all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents,
and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and :
effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined
in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract,
or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the
lowa Code; third, if not defined in the lowa Code, it shall be interpreted or construed according to its
generally accepted meaning in the construction industry; and fourth, if it has no generally accepted '
meaning in the construction industry, it shall be interpreted or construed according to its common or '
customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not
limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. '
Page 183 of 901
SECTION 00600
Page 4 of 4 '
Project: 2026 Public Works Asphalt Overlay Program, Sidewalk Curb Ramp Project - Bid Package 3 '
Location: 28t" St, 29th St, 30th St., Diagonal St., Broadway St,, Fulton St., Argyle St. & Windsor !
Ave., Dubuque, lowa '
Project Number: 5421000002 I
Witness our hands, in triplicate, this 7th day of April , 2026.
SURE1'Y COUNTEl�SIGNED BY: Title '
FORM APPROVED BY: '
Signature of Agent
Representative for Owner '
Printed Name of Agent
SURETY:
Company Address West Bend Insurance Company
Surety Company
City,State,Zip Code '
By: � �� ����
Signature Attorney-in-Fact Officer
Company Telephone Number Kim Hess
Printed Name of Attorney-in-Fact Officer �'��.T
PR����PA�:
Tricor
Midwest Concrete, Inc. company Name � '
contractor �.�...� 600 Star Brewery Dr Ste 110
By; ��°°`�� Company Address
Signa� e Dubuque, IA 52001
��`` � � �� �'���� City, State,Zlp Code
Printed N me 563-556-5441 '
Company Telephone Number
NOTE:
1. All signatures on this performance, payment, and maintenance Bond must be
original signatures in ink; copies, facsimile, or electronic signatures will not be
accepted.
2, This Bond must be sealed with the Surety's raised, embossing seal.
3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this
Bond must be exactly as listed on the Certificate or Power of Attorney '
accompanying this Bond.
_=_= END OF SEGTION 00600 =_-_
Page 184 of 901
�
Bond No. 2673146 '
POIA/El� O� A7°7'OIZIVEV
Know all men by these Presents, that West Bend Insurance Company(formerly known as West Bend Mutual Insurance Company prior to 1l1/2024),a
corporation having its principal office(n the City of West Bend,Wisconsin does make,constitute and appoint; '
Kim Hess
lawful Attorney(s)-in-fact,to make,execute,seal and deliver for and on its behalf as surety and as its act and deed any and all bonds,undertakings
and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the
sum of: Thirty Mllllon Dollars($30,000,000) I
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of West Bend Insurance Company by unanimous consent resolution effective the 1St day of January 2024.
Appointment ofAttorney-In-Fact. The president or any vice president,or any other officer of West Bend Insurance Company may appoint by
written certiftcate Attorneys-In-Fact to act on behalf of the company ln the executton ofand attesting of bonds and undertakings and other
written obligatory instruments of lihe nature. The signature ofany officer authorized hereby and the corporate seal may be af�xed by
facstmile to any such power of attorney or to any certiflcate relating therefore and any such power of attorney or certificate bearing such
facsimile signatures or facs�mile seal shall be valid and binding upon the company,and any such power so executed and certified by facsimile
stgnatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertalcing or other '
writing obligatory in nature to whtch it is attached. Any such appointment may be revolced,for cause,or without cause,by any said officer at
any time.
Any reference to West Bend Mutual Insurance Company in any Bond and all continuations thereof shall be considered a reference to West Bend
Insurance Company. '
In witness whereof,West Bend Insurance Company has caused these presents to be signed by its president undersigned and its corporate seal to be
hereto duly attested by its secretary this 1st day of January 2024.
�.'�``�`������'�`�',+
Attest �'"� �?�=� ,� � s ���+���,������'�.��, .�
Christogher C.2�%ga`rt =��: ���� ��� Robert J.Jacques
Secretary ���� ,�����~- President
°°�'�°°�����„��*t-��"
Skate of Wisconsin '"`°��,,���������������'��
County of Washington
On the 1S�day of January 2024,before me personally came Robert Jacques,to me known being by duly sworn,did depose and say that he is the
President of West Bend Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of the
said corporation;that the seal affixed to said instrument is such corporate seal;that is was so affixed by order of the board of directors of said
corporation and that he signed his name thereto by like order, ���#���t+��,,,
,��{',�s�a��r,
`� ���'���'�r� � �g �,
�� ,�'�` ��:,`��,���
`�,��`'+.,`��L��, ,�«^ ead+�c�rporate 1�ttQrney
.�
�',�fi,��������' 'ta`'ry I'ublic,VUashi��ton Co.,WI
My Commission is Perrnanent
The undersigned,duly elected to the office stated below,now the incumbent in West Bend Insurance Company,a Wisconsin corporation authorized
to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that
the Resolution of the Board of Directors,set forth in the Power of Attorney is now in force,
Signed and sealed at West Bend,Wisconsin this 7th day of April , 2026
���`����l`�"�`��f°`�r'
`�� �'���'����� ���'� '��r� ��
`�,��»��r' �;�
�_��� �z�,� ��hristop er C.Zsvy a�
�;���,i ���.�"��` uecretary
��i `�'�';�.>"'g�,,�
3#����€kt€#84��L��°���a... .. ��..
While a bond(s)is active,a bontled principal is a member of Wast Benu N;utual Hc;lding�c�mpany,Please visit https://www.thesilverlining,comlannual-meeting
for detalls regarding the annual membership meeting and your vofing ri,n,hts, '
1900 S 18th Avenue � West Bend,WI 53Q95 � Phone:(800)236-5010 � Fax:(877)674-2663 � www.thesilverlining.com Page 185 Of 901 ',
MIDINCON-03 KHESS
� DATE(MMIDDIYYYY)
CERT'iFIC�AI'E OF LIA�ILITY INSIJRAN�E 4/7/2026
THIS CERTIFICATE IS ISSUED AS A MATTER QF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICAT� 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 polfcies may require an endorsement. A statement on
this certificate does not confer ri hts to the certlficate holder in lieu of such endorsement s).
PRODUCER C EACT
TRICOR,LLC.Dubuque
600 Star Brewery Drive EA/ANNo,eXt�;(563)556-5441 jaic,No�:(608)723-6440
Suite 110 ,� E .service@tricorinsurance.com
Dubuque,IA 52001
INSURER S AFFORDING COVERAGE NAIC#
wsuReRA:United Fire&Casualt Com an 13021
INSURED INSURERB;Westchester Sur lus Lines Insurance Com an 10172
Midwest Concrete Inc INSURER C�
AHL Equipment Leasfng,Inc.
9835 Midwest Ln. INSURER D:
Peosta,IA 52068 iNsuReR e: ,
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD '
INQICATED, NOTWITHSTANDING ANY REQUIR6MENT, 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 TNE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OP SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REQUCED BY PAID CLAIMS.
INSR 7ypE OF INSURANCE ADDL SUBR pOLICY NUMBER P�ppY EFF POLICY EXP LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ �,OOO,OOO
CLAIMS•MADE aOCCUR 10090211731 4/75/2026 4/15/�027 DAEAGET080NTuD 0 $ �Q��OQQ
MEDEXP An one erson $ ��,���
PERSONAL&ADVINJURY $ ��000,000
GEN'LAGGREGATELIMITAPPLIESPER; GENERALAGGREGATE $ 2,000�000
POLICY�jE�T �X LOC PRODUCTS-COMP/OPAGG $ 2,000�000
OTHER: $
A COMBINED SINGLE LIMIT 'I�OOO�OOO '
AUTOM061LE LIA9ILITY Ea accidenf 8
X ANYAUTO 10005455309 4/15/2026 4115/2027 gODILYINJURY Per erson $
OWNED SCHEDULED
AUTOS ONIY AUTOS BO�DILY INJURY Per accidenl $
AUR�OS ONLY AUTOS��LY PPe�accRdent AMAGE $
$
A X UM6RELLALIA6 X OCCUR EACH OCCURRENCE $ 9,000�000
EXCESS LIAB CLAIMS-MADE 10024020137 4/15/2026 4/15/2027 AGGREGATE $ 9'���'���
QED X RETENTION$ � $
A WORKERS COMPENSATION X PTAT TE OTH-
AND EMPLOYERS��.iAei�.irr 10001455055 4/15/2026 4/15/2027 1,000,000
ANY PROPRI�TOR/PARTNER/EXECUTIVE Y� E.L,EACH ACCIDENT $
�FFICER/MEMBE�EXCLUDED7 N�A 'I�OOO�OOO
Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
B Pollution Liability G7550746A 001 4/15/2026 4/1512027 Aggregate 2,000,000
q Equip Floater 10090211731 4/15/2026 4/15/2027 Leased/Rented Equip 7,925,056
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more s ace Is required)
Coverage applies only to the extent provided by the policy and subject to all of the policy terms,cond�tions,exclusions,endorsements and all applicable
laws.
Project:2026 Publlc Works Asphalt Overlay Program,Sidewalk Curb Ramp Project Bid Package 3 ,
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,are included as additional insureds on the generai liability per written contract on a primary and non-contributory
basis for both on going and completed operations.A wavier of subrogation applies to the general liability,auto liability,and workers compensation,as
required by written contract.Waiver of Governmental Immunities applies in favor of City of Dubuque.30 day notice of cancellation applies.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Git Of DUbu Ue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Y q ACCORDANCE WITH THE POLICY PROVISIONS.
50 W 13th St
Dubuque, lA 52001 '
AUTHORIZED REPRESENTATIVE '.
����
ACORD 25(2016/03) O 19a8-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Page 186 of 901
CG 71 63 04 09
THIS ENDORSEM�NT CHANG�� 7HE POLICY. PLE�►S� READ IT' CAREFULLY.
CIl'Y OF DUBUQUE, IOWR,
ADDITION�4L IPVSURED �NDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The City of Dubuque, lowa, 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, are included as Additional Insureds with respect to liability arising out of the Insured's
work and/or services performed for the City of Dubuque, lowa. This coverage shall be primary to the
Additional Insureds, and not contributing with any other insurance or similar protection available to
the Additional Insureds, whether other available coverage be primary, contributing or excess.
CITY OF DU�UQUE, IOWA
GOVERNMENTAL IIInMUNITI�S ENDORSEMENT
(For use when including the City as an Additional Insured)
1. Nonwaiver of Government Immunitk. The insurance carrier expressly agrees and states that the
purchase of this policy and the including of the City of Dubuque, lowa as an Additional Insured
does not waive any of the defenses of governmental immunity available to the City of Dubuque, '
lowa under Code of lowa Section 670.4 as it now exists and as it may be amended from time to '
time. '
2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover
only those claims not subject to the defense of governmental immunity under the Code of lowa
Section 670.4 as it now exists and as it may be amended from time to time.
3. Assertion of Government Immunit�, The City of Dubuque, lowa 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 insurance carrier. Nothing contained in this endorsement shall '
prevent the carrier from asserting the defense of governmental immunity on behalf of the City of
Dubuque, lowa. '
4. Non-Denial of Coveraqe,. The insurance carrier shall not deny coverage under this policy and the '
insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque,
lowa 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, lowa.
CG 71 63 04 09 Page 1 of 2
Page 187 of 901
CG 71 63 04 09
5. No Other Chan�e in Policy. The insurance carrier and the City of Dubuque, lowa agree that the
above preservation of governmental immunities shall not otherwise change or alter the coverage
available under the policy.
CITY OF DU�UQUE, IOWA
CANCELLATION AND MATERIAL CHANCES ENDORSEMENT '
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, 50 W. 13th St., Dubuque, lowa 52001. This endorsement supersedes the standard
cancellation statement on the Certificate of Insurance to which this endorsement is attached.
Note: Endorsements above per `Urban Standard Specifications For Public Improvements',
Addendum No. 2 effective July 24, 2001.
CG 71 63 04 09 Page 2 of 2
Page 188 of 901
COMMUNITY BUILDING GRANT PROGRAM AGREEMENT
Dubuque Food Pantry
This agreement is made and entered to, by and between the City of Dubuque, lowa
hereinafter "City" and the Dubuque Food Pantry, hereinafter "Grantee". Effective date
is April 7, 2026. Expiration date is June 30, 2026. In Consideration of the mutual
promises set forth herein, it is agreed between the parties set forth above as follows:
1. City hereby makes a grant on behalf of the Grantee of up to $1150 to
support their Launch Into Summer party to be held at 1310 White St. as
outlined in the attached funding request to purchase Selco- street/alley closure
signs, Porta Potties, special event permit, food, and games..
2. These funds will be paid by the City to the grantee upon presentation of
receipts for eligible expenditures made within the grant period.
3. Grantee is not an agent for the City in any respect. Grantee has no
authority to transact any business in the name of the City nor to incur any
obligation or liability for or against the City.
4. Grantee agrees that any funds not expended by June 30, 2026, are
forfeited.
5. Grantee agrees to indemnify, hold harmless and defend City from all
damages or claims whatsoever, including actions or causes of action in law or
equity, or damages or claims for damages to persons or properties by reason of
the action of Grantee in carrying out the activities contemplated by this grant.
By �
Theresa M. Caldwell ichael C. Van f illigen
Grant Administer Dubuque City Manager
Page 189 of 901
r�
C�arlce 1550 Clarke Drive
uque, lowa 52001
U N I �' F. R S I 1� 1' clarke.edu
Business & Community Partnership Agreement
Partner Organization: City of Dubuque
Effective Date: (Signed Date)
Clarke University,founded by the Sisters of Charity of the Blessed Virgin Mary(BVM), continues the vision of
Mary Frances Clarke by providing accessible, meaningful education that prepares ethical leaders and skilled
professionals.Through this partnership, Clarke University and the City of Dubuque commit to advancing
workforce development and lifelong learning while strengthening the regional talent pipeline and community
vitality.
Clarke University agrees to provide the following benefits:
Educational Advancement
• 10%tuition discount for employees enrolled in master's level, graduate, credit-bearing programs
Workforce&Talent Engagement
• Convenient submission of internships,job openings, and volunteer opportunities via Clarke's
Business &Community Partnership webpage
• Internal promotion of submitted opportunities to Clarke students and faculty
• Opportunity to request faculty or student projects that support organizational needs.
• Opportunity for faculty-led professional development sessions (e.g., Lunch & Learn programs)for
employees, aligned with organizational goals and workforce development priorities.
• Opportunity for business leaders to serve as guest lecturers in relevant Clarke courses, providing
students with real-world industry insight and strengthening employer-student connections.
Facility Benefits
• 15%discount on facility rentals, including the Wahlert Atrium
The City of Dubuque agrees to support the success of this partnership by:
Employee Engagement
• Including partnership details on the organization's internal HR or employee benefits page
• Supporting distribution of relevant information regarding tuition discounts, programs, or training
opportunities
• Sharing internship, employment, and volunteer opportunities with Clarke University
Page 190 of 901
Term& Renewal
This agreement is valid for one (1) year from the date of signing. Clarke University will reach out to renew
annually unless either party provides written notice of termination. Either party may terminate the
agreement with ten (10) days written notice.
Adjustments to tuition discounts or engagement activities may be made upon mutual written agreement.
Signatures
By signing below, both parties affirm a shared commitment to strengthening the regional workforce through
accessible education, meaningful professional growth, and values-centered leadership development.
City of Dubuque Clarke University
Signature: (/ Signature:
Print Name: Michael C. Van Milligen Print Name:
Title: City Manager Title:
Date: 04/09/2026 Date:
Page 191 of 901
�. D R O P � MASTER SERVICE AGREEMENT
Master Services Agreement
This Consulting and Software Master Services Agreement (the "AgreemenY') is entered into and becomes
effective as of the date of last acceptance by the parties (the "Effective Date"), by and between KimHEC LLC, a
Missouri limited liability company doing business as DROP Collaborative ("DROP Collaborative"), and the City of
Dubuque ("ClienY'). DROP Collaborative and Client may each be referred to individually as a "Party" and
collectively as the "Parties." For good and valuable consideration, the receipt and sufficiency of which are
acknowledged, the Parties agree as follows:
1. Definitions:
(a) "Affiliates" means any corporation, limited liability company, partnership or other legal entity now existing or
hereafter organized that directly or indirectly controls, is controlled by or under common control with a Party. For
purposes of this definition "control" means the direct possession of a majority of the outstanding voting shares
of an entity.
(b) "Authorized Users" means ClienYs employees and independent contractors acting on Client's behalf, and any
external contributors designated by Client, who are authorized by Client to access the Services. Client is solely
responsible for authorizing and managing Authorized User access and for all acts and omissions of Authorized
Users. DROP Collaborative may provide or modify Authorized User access at Client's request or direction.
Authorized Users are not parties to, or third-party beneficiaries of, this Agreement.
(c) "Content" means text, images, documents, materials, photos, audio, video, and all other forms of data or
communication.
(d) "Client ContenY' means all Content made available by Client or individual Authorized Users to DROP
Collaborative for use in connection with the Services.
(e) "Client Services" means the systems, infrastructure, and services that are managed or hosted by the Client and
are outside the scope of DROP Collaborative's responsibilities. This includes, but is not limited to, the Client's
internet service, email or phone systems, internal software tools, third-party applications, and any systems or
platforms the Client uses to support its own operations. If any of these services are intended to connect to or
interact with the DROP platform, the Client is responsible for ensuring compatibility, access, and proper function
unless otherwise agreed in writing.
(f) "Consultinq Services" means Work performed by DROP Collaborative related to environmental rules and
regulations including pretreatment program implementation or NPDES support including but not limited to review
or updating of program documents, assistance with permitting or enforcement, and on-site assistance as
requested by the Client.
(g) "Customer Service" means Work performed by DROP Collaborative related to implementation of Software
services including but not limit to updating permits, entering new permits, contract or in-house laboratory data
for upload into DROP, correcting lab results that do not feed in appropriately due to location names, laboratory-
specific analyte names, etc., facilitating data entry from external sources, historical data uploading, adding or
editing sample locations, adding and training new Authorized Users, updating existing users, and/or assisting
users with questions related to how to use DROP.
(h) "Deliverable(s)" shall mean any report, datasets, timelines, dashboards, or other materials that DROP
Collaborative agrees to produce and provide to the Client.
(i) "DROP Collaborative" means the service provider entering this agreement, which offers environmental
consulting, engineering consulting and software-based data services. DROP Collaborative includes licensed
professionals and technical staff who support clients through consulting, regulatory guidance, and access to the
DROP software platform. For the terms of this agreement"DROP Collaborative" shall be referred to as "DROP
Collaborative".
(j) "DROP Collaborative Content" means the DROP Services and all related software, technology, enhancements,
modifications, derivatives, documentation, and proprietary rights thereto.
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�. D R O P � MASTER SERVICE AGREEMENT
(k) "DROP Service(s)" means DROP Collaborative's proprietary water, wastewater, biosolids, and industrial
environmental data management software platform, marketed under the trade name DROP or DROP
CollaborativeT"", provided solely in object code form and made available to Client via a hosted environment
designated by DROP Collaborative, together with any standard documentation, user guides, or instructional
materials provided in connection therewith. Access to DROP Services shall be provided only as expressly
authorized in one or more Work Orders issued pursuant to this Agreement.
(I) "Fees"shall mean all charges to be paid by Client to DROP Collaborative for providing the Consulting Services,
Customer Service and/or DROP Services.
(m) "Onboardinq" means the initial setup process provided by DROP Collaborative to help the Client begin using the
Consulting Services, Customer Service and/or DROP Services. This may include account setup, user access
configuration, data import or system integration, introductory training, and assistance with connecting the DROP
platform to the ClienYs processes as defined in the Order.
(n) "Service s " means the services mutually agreed upon by the parties and described in one or more Work Orders,
which may include DROP Services, Customer Support Services, Consulting Services, or other services as
agreed.
(o) "Software Standard Maintenance" shall mean any corrections or refinement of the Services as created by
DROP Collaborative. Enhancements to the Services include all modifications to the software that: (1) increase
the speed, efficiency, security, software package version, or ease of use of the environmental data
management software or (2) add minor features, capabilities or functionality to the software. Any
substantially new or rewritten versions of the software are not enhancements and may require an increase in
fees to the Client if the Client elects to utilize the new feature or version. Such increase in fees shall require
Client's prior written consent.
(p) "Trade SecreY'shall mean, pursuant to the Uniform Trade Secrets Act as codified in Section 417.453(4)RSMo.,
any information that(i)derives independent economic value, actual or potential, from not being generally known
to, and not being readily ascertainable by proper means by the public or any other persons who can obtain
commercial or economic value from its disclosure or use; and (ii) is the subject of efforts that are reasonable
under the circumstances to maintain its secrecy. Any source code or object code associated with the DROP
CollaborativeT""software is considered a Trade Secret under this Agreement.
(q) "Work""Work"means the Services to be performed by DROP as expressly set forth in an applicable Work Order.
Work may be designated in a Work Order as (i) Subscription, (ii)Time & Materials, or(iii) Lump Sum, with fees,
deliverables (if any), billing method, and reimbursable expenses specified in the Work Order.
(r) "Work Order" The parties may enter into one or more written work orders, statements of work, or similar
authorizations (each, a "Work Order") under this Agreement. Each Work Order shall be governed by the terms
and conditions of this Agreement unless expressly stated otherwise in the applicable Work Order. Each Work
Order shall specify whether the Work is Consulting Services, Customer Services, DROP Services(Subscription),
or a combination thereof.
2. DROP Software Services (DROP Services).
(a) License. During the Term and subject to applicable Work Orders, DROP Collaborative grants Client a non-
exclusive, non-transferable, limited license to access and use the DROP Services for ClienYs internal business
purposes by Authorized Users. All rights not expressly granted are reserved to DROP Collaborative.
(b) Restrictions. Client shall use DROP Services only as authorized and shall not permit others to: (i) reverse
engineer or derive source code; (ii) modify or create derivative works; (iii) copy, distribute, sublicense, or
otherwise commercially exploit the DROP Services; or(iv) remove proprietary notices.
(c) Access. Client is responsible for all access to DROP Services by Authorized Users and for maintaining the
confidentiality of access credentials. Client shall promptly notify DROP Collaborative of any unauthorized
access.
(d) Suspension. DROP Collaborative may suspend access to DROP Services upon reasonable notice if use violates
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�. D R O P � MASTER SERVICE AGREEMENT
this Agreement, applicable law, or causes material harm. DROP Collaborative shall not be liable for any
suspension taken in accordance with this Section.
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�. D R O P � MASTER SERVICE AGREEMENT
3. Schedule & Cooperation
(a) Performance Standard. DROP Collaborative shall perform Services in a commercially reasonable manner and
within a reasonable time consistent with the applicable Work Order. Any specific schedules, milestones, or
completion dates shall be set forth, if at all, in the applicable Work Order.
(b) Adiustments for Delay. If, through no fault of DROP Collaborative, the performance of Services is delayed,
suspended, or impaired due to changes in scope, Client actions or inactions (including failure to provide timely
information, access, approvals, or direction), regulatory review, third-party delays, or other circumstances
beyond DROP Collaborative's reasonable control, then: (i) the schedule for performance shall be reasonably
extended; and (ii) DROP Collaborative shall be entitled to compensation for Services performed and for
additional time or effort reasonably required as a result of such delay, in accordance with the applicable Work
Order and Rate Schedule. Any such adjustments shall apply prospectively and shall not require DROP
Collaborative to perform Services outside the scope or not-to-exceed limits of the applicable Work Order unless
otherwise agreed in writing.
(c) Client Cooperation.Client shall provide timely decisions, information,approvals,and access reasonably required
for DROP Collaborative to perform the Services and acknowledges that failure to do so may result in schedule
or fee adjustments.
(d) Client Inaction; Constructive Completion. If DROP Collaborative has substantially completed the Services
authorized under a Work Order and is unable to proceed further due to Client delay, inaction,or failure to respond
to reasonable requests for information or direction for a period of thirty (30) consecutive days following written
notice, such Services shall be deemed substantially complete for purposes of invoicing and Work Order
administration.
(e) Work Order Closure. Upon constructive completion due to Client inaction, DROP Collaborative may close the
applicable Work Order, invoice for all Services performed through the date of closure, and release any remaining
capacity reserved for Client.Any subsequent Services requested by Client shall require a new or amended Work
Order.
4. Fees & Pavments
(a) Fees. In consideration of DROP Collaborative providing Services, Client shall pay the fees set forth in one or
more written work orders executed by the parties (each, a "Work Order"). Each Work Order shall specify the
applicable scope of Services, fee structure, and any not-to-exceed amounts.
(b) Rates. Time and materials rates and software subscription fees shall be as set forth in DROP Collaborative's
then-current rate schedule (the "Rate Schedule"), which is incorporated herein by reference. DROP
Collaborative may adjust the Rate Schedule no more than once annually by an amount not to exceed the
percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average (or a
successor index), upon at least thirty (30) days' written notice. Updated rates shall apply prospectively only.
(c) Invoicina and Pavment. All fees are quoted and payable in U.S. dollars. Invoices shall be payable within thirty
(30) days of receipt via ACH. Past-due amounts may accrue interest at the lesser of 1.5% per month or the
maximum rate permitted by law.
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�. D R O P � MASTER SERVICE AGREEMENT
5. Client Responsibilities.
(a) General. Client acknowledges that DROP Collaborative's performance of the Services relies on Client's timely
cooperation and the accuracy and completeness of information, decisions, and access provided by Client. Client
represents that the individual executing this Agreement is duly authorized to do so on behalf of Client.
(b) Cooperation and Personnel. Client shall designate a qualified representative authorized to act on Client's behalf
and provide timely decisions, approvals, information, and access reasonably required for DROP Collaborative
to perform the Services.
(c) Client Svstems and Securitv. Client is solely responsible for the security, configuration, maintenance, and
operation of its information technology environment, including networks, internet connectivity, hardware, third-
party software, credentials, and internal controls. DROP Collaborative is not responsible for, and has not been
engaged to assess or advise on, the adequacy of ClienYs internal controls or security measures.
(d) Third-Partv Software and Inteqrations. Client is solely responsible for all third-party software and systems used
in connection with the Services, including compliance with applicable licenses and requirements.Any additional
services requested by Client in connection with third-party software or integrations may be subject to additional
fees as authorized in a Work Order.
(e) Acceptable Use and Compliance. Client shall ensure that Authorized Users do not use the Services in violation
of applicable law or in a manner that interferes with or disrupts the Services or compromises security. Client
shall be responsible for compliance with all laws and regulations applicable to its use of the Services.
6. Availability& Support
(a) Availabilitv. DROP Collaborative shall use commercially reasonable efforts to make DROP Services available
during the Term. Client acknowledges that the Services may be unavailable from time to time due to
maintenance, updates,or circumstances beyond DROP Collaborative's reasonable control ("Downtime"). DROP
Collaborative shall use commercially reasonable efforts to provide advance notice of scheduled Downtime and
to minimize service interruptions.
(b) Support Services. Support services, if any, shall be provided as set forth in the applicable Work Order.
7. DROP Collaborative Content.
(a) Ownership. DROP Collaborative retains all rights,titles, and interests in and to the DROP Collaborative Content,
including all intellectual property rights.
(b) License to Client. During the Term and subject to this Agreement, DROP Collaborative grants Client a limited,
non-exclusive, non-transferable, revocable license to use the DROP Collaborative Content solely for ClienYs
internal use of the Services as authorized under applicable Work Orders.
(c) Reservation of Riqhts. DROP Collaborative retains the exclusive right to develop, market, license, sell, and
distribute DROP Services, DROP Collaborative Content and any related technology or derivatives to third
parties. Nothing in this Agreement restricts DROP Collaborative's use of its general knowledge, skills,
experience, or technology developed or used in connection with the Services.
(d) Anonvmized Data. DROP Collaborative may collect, use, and publish aggregated or anonymized statistical
information derived from Client Content for analytics, benchmarking,or product improvement purposes, provided
such information does not identify Client or any individual or regulated entity.
(e) Publicitv. DROP Collaborative may identify Client as a user of the DROP Services, and the Parties may issue
mutually acceptable public communications regarding this Agreement.
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�. D R O P � MASTER SERVICE AGREEMENT
8. Confidentialitv
(a) Confidentialitv Obliqations. Each Party may receive confidential or proprietaryformation of the other Party
("Confidential Information") in connection with this Agreement. Confidential Information includes any non-public
information that a reasonable person would understand to be confidential, including trade secrets, technical
information,and business information. Each Party shall use the other Party's Confidential Information solely for
purposes of performing under this Agreement and shall not disclose such Confidential Information to any third
party except as permitted herein. The confidentiality obligations set forth herein shall survive termination of this
Agreement to the extent permitted by law.
(b) Protection and Breach Notice. Each Party shall protect the other Party's Confidential Information using at least
the same degree of care it uses to protect its own confidential information, but no less than reasonable care,
and shall be responsible for any breach by its employees or agents. The receiving Party shall promptly notify
the disclosing Party of any actual or suspected unauthorized disclosure or use.
(c) Exclusions and Required Disclosure. Confidential Information does not include information that: (i) is or
becomes publicly available through no breach of this Agreement; (ii) was lawfully known to the receiving Party
without restriction prior to disclosure; (iii) is received from a third party without a duty of confidentiality; or (iv) is
independently developed without use of the disclosing Party's Confidential Information. Confidential Information
may be disclosed to the extent required by law or legal process, provided the receiving Party gives reasonable
notice and cooperates in limiting such disclosure.
(d) Iniunctive Relief. Each Party acknowledges that unauthorized use or disclosure of Confidential Information may
cause irreparable harm for which monetary damages may be insufficient and agrees that the disclosing Party
may seek injunctive or equitable relief in addition to any other available remedies.
(e) Data Privacv. To the extent DROP Collaborative processes personal data on behalf of Client, DROP
Collaborative shall act as a data processor and Client as the data controller. DROP Collaborative shall process
such data only in accordance with ClienYs lawful instructions and shall implement reasonable technical and
organizational measures to protect such data. DROP Collaborative may use aggregated or anonymized data for
analytical purposes, provided such data does not identify Client or any individual.
9. Warranties
(a) Client Warranties. Client warrants that it has all necessary rights and permissions to provide any content, data,
logos, trademarks, or other materials used in connection with the Services. Client is responsible for ensuring
that its use of the DROP Services and Consulting Services complies with all applicable laws and regulations.
(b) DROP Collaborative Warranties. DROP Collaborative warrants that it owns or has the right to provide the
DROP Services and Consulting to Client as described in this Agreement. DROP also warrants that the DROP
Services will perform substantially in accordance with their documentation when used as intended and in
accordance with the standards of care set forth in this Agreement.
(c) Some calculations or outputs may vary based on regulatory requirements. Client is responsible for confirming
that the Services align with any applicable rules, permits, or standards in their jurisdiction.
(d) If these warranties are breached, DROP Collaborative will, at its option: (i) secure the necessary rights; (ii)
modify or replace the affected part of the Services; or(iii)refund the portion of fees paid for the affected Services
if the issue cannot be resolved within a reasonable time.
10. Disclaimer
(a) Except as stated in this Agreement, DROP Collaborative provides the DROP Services "as is" and does not
guarantee that they will be error-free, meet all Client requirements, or operate without interruption.
(b) DROP Collaborative disclaims all other warranties, express or implied, including any warranties of
merchantability, fitness for a particular purpose, and non-infringement. Client is responsible for verifying that the
Services are appropriate for their intended use and compliant with any applicable regulations. DROP is not
responsible for issues caused by third-party systems or Client's data inputs or configuration choices.
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�. D R O P � MASTER SERVICE AGREEMENT
11. Limitation of Liability
(a) To the fullest extent permitted by law, DROP Collaborative's total liability for any and all claims under this
Agreement will not exceed the limits of its insurance coverage stated herein.
(b) DROP Collaborative will not be liable for any indirect, incidental, special, or consequential damages including
lost profits, lost data, or business interruption for breach of this Agreement even if advised such damages were
possible.
12. Indemnification
(a) Bv Client. Client agrees to defend and indemnify DROP Collaborative against any third-party claims, damages,
or costs (including attorney fees)arising from: (i) ClienYs misuse or unauthorized use of the Services; (ii) Client-
provided content; or(iii)alleged violations of third-party intellectual property rights caused by Client's use of the
Services.
(b) Bv DROP Collaborative. DROP Collaborative agrees to defend and indemnify Client, its officers and
employees, against any third-party claims that the Services infringe a valid U.S. patent, trademark, copyright, or
trade secret. This obligation is limited to the amount paid by Client under this Agreement in the 12 months prior
to the claim.
(c) DROP Collaborative agrees to defend and indemnify Client, its officers and employees,against any third-party
claims arising out of DROP Collaborative's negligence in the performance of this Agreement.
(d) If a claim arises, DROP may choose to: (i)obtain rights for continued use; (ii) modify or replace the Services; or
(iii) refund a pro-rated portion of fees. These remedies will fully satisfy DROP Collaborative's obligations under
this Section.
13. Insurance
(a) DROP Collaborative will provide insurance as described in the attached Insurance Schedule J.
14. Term and Termination of the Aqreement
(a) Term. This Agreement shall remain in effect until terminated in accordance with this Section.
(b) Termination for Cause. Either Party may terminate this Agreement upon written notice if the other Party
materially breaches this Agreement and fails to cure such breach within fifteen (15) days after receipt of written
notice.
(c) Termination for Convenience. Either Party may terminate this Agreement for convenience upon thirty(30)days'
written notice. Upon termination by Client, Client shall pay all fees accrued through the effective date of
termination. Fees for the final month of Services shall not be prorated.Any prepaid subscription fees for periods
following the effective date of termination shall be refunded on a prorated basis, unless termination results from
ClienYs uncured material breach.
(d) Insolvencv. Either Party may terminate this Agreement immediately upon written notice if the other Party
becomes insolvent, files for bankruptcy, enters liquidation, has a receiver appointed over its assets, or ceases
to conduct business.
(e) Effect of Termination of Agreement. Upon termination of this Agreement, all outstanding Work Orders shall
terminate unless otherwise agreed in writing by the Parties. DROP Collaborative shall cease providing the
Services, and Client shall cease all use of the DROP Services and cause its Authorized Users to do the same.
Termination shall not relieve Client of its obligation to pay all fees accrued or payable prior to the effective date
of termination, nor limit either Party from pursuing any remedies available at law or in equity, including injunctive
relief.
(f) Data Retention and Export Upon Termination. Upon expiration or termination of this Agreement for any reason,
Provider shall retain Customer Data for a period of thirty (30) days ("Retention Period"). During the Retention
Period, Client may request and DROP Collaborative shall deliver, at no additional cost, a complete export of all
Client Data, including all historical data, in a machine readable CSV format. At the end of the Retention Period,
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�. D R O P � MASTER SERVICE AGREEMENT
DROP Collaborative shall permanently delete or destroy all remaining Client Data from its systems, backups,
and hosted environments, unless a longer retention period is required by applicable law. Upon ClienYs written
request, DROP Collaborative shall provide written certification of deletion. DROP Collaborative shall not
withhold, condition, or delay the export of Client Data due to any alleged outstanding fees or other disputes.
Term and Termination of Work Orders
(a) Term of Work Orders. Each Work Order shall remain in effect for the term specified therein, unless earlier
terminated in accordance with this Agreement or the applicable Work Order.
(b) Termination of Work Orders. Either Party may terminate a specific Work Order in accordance with the
termination provisions of this Agreement or as otherwise expressly stated in such Work Order, without
terminating this Agreement or any other Work Orders then in effect.
(c) Effect of Termination of a Work Order. Upon termination of a Work Order, DROP Collaborative shall cease
performing the Services described in such Work Order, and Client shall pay all fees accrued or payable under
such Work Order through the effective date of termination. Termination of a Work Order shall not affect the
continuing effectiveness of this Agreement or any other Work Orders.
(d) Suspension for Nonpavment. DROP Collaborative may suspend access to the Services under a Work Order
upon written notice if Client is more than thirty (30) days past due on any undisputed invoice related to such
Work Order. During any suspension, Client shall remain responsible for all accrued fees. DROP Collaborative
shall restore access upon receipt of all past-due amounts. Any reactivation or onboarding fees shall be as set
forth in the applicable Work Order, if any.
16. Dispute Resolution.
(a) Good Faith Neqotiation. The Parties shall first attempt in good faith to resolve any dispute, claim, or controversy
arising out of or relating to this Agreement through informal discussions between authorized representatives of
the Parties.
(b) Mediation. If the dispute is not resolved through good faith negotiations, either Party may request non-binding
mediation administered by the American Arbitration Association ("AAA") or another mutually agreed mediation
provider. Mediation shall take place in Dubuque, lowa. Each Party shall bear its own costs of inediation, and the
Parties shall share the mediator's fees equally.
(c) Arbitration. Except for claims seeking injunctive or equitable relief as set forth below, any dispute arising out of
or relating to this Agreement that is not resolved through mediation shall be resolved by binding arbitration
administered by the AAA before a single arbitrator. The arbitration shall be conducted in Dubuque, lowa.
Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) Injunctive Relief. Nothing in this Agreement shall prevent either Party from seeking temporary or permanent
injunctive or equitable relief in a court of competent jurisdiction to prevent unauthorized use or disclosure of
Confidential Information, infringement or misuse of intellectual property, or other irreparable harm.
(e) Continued Performance. Unless otherwise agreed or ordered, the Parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute.
17. General Considerations
(a) Standards of Care: The standard of care for all professional engineering and related services performed or
furnished by DROP Collaborative under this Agreement as part of its Consulting Services, Customer Services
and/or DROP Services will be the care and skill ordinarily used by members of the subject profession practicing
under similar circumstances at the same time and in the same locality. DROP Collaborative makes no
warranties, express or implied under this agreement or otherwise in connection with DROP Collaborative's
Consulting Services, Customer Services and/or DROP Services.
(b) DROP Collaborative shall correct deficiencies in technical accuracy without additional compensation, unless
such corrective action is directly attributable to deficiencies in Client-furnished information.
(c) A new or amended Work Order may update, expand, or otherwise modify the scope, schedule, or compensation
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�. D R O P � MASTER SERVICE AGREEMENT
for the Consulting Services, Customer Services and/or DROP Services associated with the Agreement.
DROP Collaborative and Client shall comply with all applicable Laws and Regulations.
(i) Prior to the Effective Date, Client provided to DROP Collaborative in writing any and all policies and
procedures of Client applicable to ConsultanYs performance of Consulting Services, Customer Services
and/or DROP Services under this Agreement. DROP Collaborative shall comply with such policies and
procedures, subject to the standard of care set forth herein, and to the extent compliance is not
inconsistent with professional practice requirements.
(ii) This Agreement is based on applicable Laws and Regulations and Client-provided information, including
written policies and procedures, as of the Effective Date. Changes after the Effective Date to these Laws
and Regulations, or to Client-provided written policies and procedures, may be the basis for modifications
to Client's responsibilities or to DROP Collaborative's scope of Consulting Services, Customer Services
and/or DROP Services, times of performance, or compensation.
(iii) DROP Collaborative shall not be required to sign any documents, no matter by whom requested, that
would result in DROP Collaborative having to certify, guarantee, or warrant the existence of conditions
whose existence DROP Collaborative cannot ascertain. Client agrees not to make resolution of any
dispute with DROP Collaborative or payment of any amount due to DROP Collaborative in any way
contingent upon DROP Collaborative signing any such documents.
(iv) Consultant shall not be responsible for the acts or omissions of the Client or for the information provided to
the Client by its Industry or of any of its agents or employees or by any other persons, except for DROP
Collaborative's own agents, employees, and Consultants.
(v) During site visits, DROP Collaborative's employees and representatives shall comply with the specific
applicable requirements of the Site's and Client's safety programs if DROP Collaborative has been
informed in writing.
18. Miscellaneous.
(a) Notices. All notices to the Party hereunder shall be in writing and shall be given to the appropriate Party by
personal delivery or by certified mail, postage prepaid or recognized overnight delivery services, unless
otherwise specified herein. Unless notified of a different address, notices to Client will be sent to the address
indicated by Client upon registration with DROP Collaborative; notices to DROP Collaborative will be sent to:
DROP Collaborative
Attention: Legal
107 W Pacific Avenue � Studio 3N
Saint Louis, MO 63119
(b) Amendment. This Agreement may not be amended or modified except in writing. Amendments must be
executed by authorized representatives of Client and DROP Collaborative.
(c) Assiqnment.This Agreement is not transferable, assignable, delegable, or sub-licensable by Client in whole or
in part, without the prior written permission of DROP Collaborative. Upon any attempt by Client to assign,
transfer,or convey all or any portion of this Agreement,this Agreement and all access to the DROP Collaborative
software will be immediately terminated. This Agreement will be binding upon and inure to the benefit of the
Parties and their respective successors, trustees, administrators, and assigns.
(d) Independent Contractor. DROP Collaborative is an independent contractor, and nothing in this Agreement shall
be construed as making DROP Collaborative and Client partners, or creating the relationships of employer and
employee, master and servant, or principal and agent between them,for any purpose whatsoever. Neither Party
shall make any contracts,warranties or representations or assume or create any obligations, express or implied,
in the other Party's name or on the other Party's behalf.
(e) Non-Solicitation. DROP Collaborative and Client agree not to directly or indirectly hire any employees,
associates or other resources provided by or engaged by the other either during or two (2) years after the
termination of this Agreement.
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�. D R O P � MASTER SERVICE AGREEMENT
(fl Bindinq Effect and Third-Partv Beneficiarv. Except if specifically stated in this Agreement, neither Party, nor any
of their respective employees or agents, will have the power or authority to bind or obligate the other Party. No
third party is a beneficiary of this Agreement.
(g) Waiver of Riqhts. Except where specifically stated to the contrary, all remedies available to either Party for
breach of this Agreement under this Agreement, at law or in equity are cumulative and nonexclusive. A waiver
or failure of either Party at any time to require performance by the other Party of any provision hereof will not
waive the right to require such performance at any time thereafter.
(h) Severability. If any provision or portion thereof of this Agreement is held to be invalid or unenforceable to any
extent, such provision will be ineffective to the extent of such unenforceability, while all other provisions and
portions thereof and of this Agreement, as a whole, will not be affected and will be valid and enforced to the
fullest extent permitted by law.
(i) Governinq Law. This Agreement, as well as any and all claims arising from this Agreement or arising from any
of the proposals, negotiations, communications or understandings regarding this Agreement, will be governed
by and construed in accordance with the laws of the State of lowa, United States of America, applicable to
contracts made entirely within lowa, without regard to any conflict or choice of law principles.
(j) Force Majeure. Any failure or delay by DROP Collaborative in the performance of its obligations pursuant to
this Agreement will not be deemed a default or breach of the Agreement or a grounds for termination to the
extent such failure or delay is due to computer or Internet or telecommunications breakdowns, denial of service
attacks, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil unrest,
rebellions, pandemics or revolutions in the United States or any nation where the obligations under this
Agreement are to be executed,strikes,supplier and third party failure, lockouts,or labor difficulties,or any similar
cause beyond the reasonable control of DROP Collaborative.
(k) Entire Aqreement.This Agreement, including attachments, contains the final and entire agreement of the Parties
and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or
agreements regarding the AgreemenYs subject matter.
(I) Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original.
(m) Survival. The rights and obligations of the parties that, by their nature, are intended to survive expiration or
termination of this Agreement shall survive, including, without limitation, provisions relating to payment
obligations accrued prior to termination, intellectual property ownership and license rights, confidentiality, data
ownership and permitted use, indemnification, limitation of liability, disclaimer of warranties, governing law and
venue, dispute resolution, and regulatory or record-retention obligations.
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19. Execution and Effective Date of the Master Service Aqreement.
This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which
together shall constitute one and the same instrument. Signatures transmitted electronically or by PDF shall be
deemed original. This Agreement shall become effective as of the date of last execution by the parties. Execution
of this Agreement does not, by itself, authorize the performance of Services,which shall be governed by applicable
Work Orders issued pursuant to this Agreement.
City of Dubuque KimHEC LLC d/b/a DROP Collaborative
Client Legal Name DROP Collaborative
�.(�'� ��,/��1� l�--
A�Gthorized Signature Au horized Signature
Michael Van Milligen Kim Cole, P.E. Principal
Printed Name, Title Printed Name, Title
50 W. 13th St 107 W Pacific Avenue � Studio 3N
Address Address
Dubuque, IA 52001 St. Louis, Missouri 63119
City, State Zip City, State Zip
4/10/2026 3/26/2026
Date of Acceptance Date of Agreement
info(a�dropcollab.com or
Call or Text: 314-200-5236
Up to 3 emails for invoice distribution and Invoice Contact Information or Questions
any special instructions
info(a�dropcollab.com or
Call or Text: 314-200-5236
Up to 3 emails for COI Distribution and any Contact Information Related to COIs or
special instructions Contacts overall
Kim Cole
kim.cole@dropcol lab.com
314.276.9575
Designated Client Representative Designated DROP Representative
Name,title,email,and phone Name, title,email,and phone
DROP Collaborative
Attn: Legal
107 W Pacific Avenue � Studio 3N
St. Louis, MO 63119
Address for Giving Notices Address for Giving Notices
Attention,mailing address
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