Signed Contracts Copyrighted
May 18, 2026
City of Dubuque CONSENT ITEMS # 5.
City Council
ITEM TITLE: Signed Contracts
SUMMARY: Des Moines Area Community College for Education to Health
care students; Eastern lowa Asphalt Maintenance for Vendor
Service Agreement; Miovision Sole Source for Central
Management Software; Mobotrex Sole Source for Traffic
Signal Pedestrian Buttons; United Leak Detection for Vendor
Service Agreement; Communication Engineering Company
for Vendor Service Agreement; Racom for Vendor Service
Agreement; Fred Jackson Tuckpointing for Vendor Service
Agreement; Fire recovery USA, LLC for Service Agreement;
Trane USA Inc. for Public Improvement Contract; FEH
Design for Fire Headquarters Bunkroom and Bathroom
Remodel; Central Tank Coatings for Public Improvement
Contract; Origin Design Co. for Roof and HVAC
Replacement; Neztrop, LLC for Second Amendment Lease
Agreement; CEC Communication Engineering Company for
Master Services Agreement; Midwest Concrete, Inc. for
Public Improvement Contract; McDermott Excavating for
Streetlight removal and replacement; Grand River Center for
City Council Goal Setting; GoTo Technologies USA, LLC for
Services Order; Fischer Bros. LLC for Public Improvement
Contract
SUGGUESTED Receive and File
DISPOSITION:
ATTACHMENTS:
1. 1 26_04_02 Des Moines Area Community College Affiliation Agreement
2. 2 26_04_27 General Maintenance Short Form Contract Approval
3. 3 26_04_28 Miovision Sole Source for Central Management Software
4. 4 26_04_28 Mobotrex Sole Source Traffic Signal Pedestrian Buttons
5. 5 26 04 29 Memo MVM Flora Pool Leak Detection
6. 6 26_04_29 Memo MVM GRV Firewall with CEC (15)
7. 7 26_04_29 RACOM Vendor Agreement
8. 8 26_04_30 General Maintenance Short Form Contract Approval
9. 9 26_05_01 Fire cost Recovery Vendor Selection and Contract
10. 10 26_05_01 General Maintenance Short Form Contracts Approval
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11. 11 26_05_02 DFD RFQ Bunkroom remodel proposal selection
12. 12 26_05_04 Fire Hydrant Recoating Project Award of Contract
13. 13 26_05_04 Municipal Services Center Roof and HVAC Replacement Chan
14. 14 26_05_06 Approving the Second Amendment to the Lease Agreement wi
15. 15 26_05_06 CEC Master Service Agreement
16. 16 26_05_07 2026 PW Asphalt Overlay Program Sidewalk Curb Ramp Proje
17. 17 26_05_07 Remove and Replace Streetlight on Windsor Avenue
18. 18 26_05_11 2026 City Council Goal Setting Contract
19. 19 26_05_11 GoToMyPC reduction in licenses contract
20. 20 26_05_11 Memo MVM Flora Waterslide Repairs
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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� 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_
Page 2 af 4 Schedule J Professional Ser�ices becemher 2024
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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.
Page 3af 4 ScheduleJ Professional Ser�ices becemher2024
14
Page 173 of 890
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)
Page 4 af 4 Schedule J Professional Ser�ices becemher 2024
15
Page 174 of 890
DATE(MMIDD/YYYY)
A���� CERTIFICATE OF LIABILITY INSURANCE 7/1/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: ChrIS E�klll
Holmes Murphy&Associates pHONE Fnx
2727 Grand Prairie Parkway A/C No Ext: A/C No:
Waukee IA 50263 ADOR�ess: celkin holmesmur h .com
INSURER(S)AFFORDING COVERAGE NAIC#
iNsuReRn: EMCASCO Insurance Com an 21407
INSURED DESAREPCI INSURER B: EfTI lo ers Mutual Casualt Com an 21415
Des Moines Area Community College
2006 S Ankeny Blvd iNsuReRc: Union Insurance Com an of Providence 21423
Ankeny , IA 50021 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1458066751 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR 7ypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR POLICY NUMBER MM/DDIYYYY MM/DDIYYYY
A )( COMMERCIAL GENERAL LIABILITY 6D57793 7/1/2025 7/1/2026 EACH OCCURRENCE $2,000,000
CLAIMS-MADE � OCCUR . PREM SES�a oNcur ence $300,000
1,000 MED EXP(Any one person) $5,000
PERSONAL&ADV INJURY $2,000,000
GEN'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE $4,000,000
POLICY� PR� � LOC PRODUCTS-COMP/OP AGG $4,000,000
JECT
OTHER: $
A AUTOMOBILELIABILITY 6E57793 7/1/2025 7/1/2026 COMBINEDSINGLELIMIT $
Ea accident
)( ANYAUTO BODILY INJURY(Per person) $1,000,000
OWNED � SCHEDULED BODILY INJURY(Per accident) $1,000,000
AUTOS ONLY AUTOS
X HIRED NON-OWNED PROPERTYDAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
$
B )( UMBRELLALIAB X OCCUR 6J57793 7/1/2025 7/1/2026 EACHOCCURRENCE $1,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000
DED X RETENTION$ $
C WORKERSCOMPENSATION 6H57793 7/1/2025 7/1/2026 X PER OTH-
AND EMPLOYERS'LIABILITY Y�N STATUTE ER .
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000
OFFICER/MEMBEREXCLUDED? � N�A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Des Moines Area Community College ACCORDANCE WITH THE POLICY PROVISIONS.
2006 S Ankeny Blvd
Ankeny IA 50021 AUTHORIZEDREPRESENTATIVE
USA �/�' ����
�J
O 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
Page 175 of 890
Dubuque
THE CITY OF �
DU B E u�l �I.
, II ►
2007•2012•2013
Masterpiece on tlle Mississippi zov*Zoi9
City of Dubuque
Parks and Recreation Department
2200 Bunker Hill Road
(address)
Dubuque, IA 52001
Phone # 563-589-4263
CITY OF DUBUQUE, IOWA
SHORT FORM
VENDOR SERVICE AGREEMENT
THIS VENDOR SERVICE AGREEMENT (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
(Vendor) at Eastern lowa Asphalt Maintenance
(Vendor Name)
105 Rose Ct. P.O. Box 181 Farley, IA 52046
(Vendor Address - City and State)
PROJECT TITLE: Parking lot Striping
(Project)
For and in consideration of the mutual covenants herein contained, the parties hereto agree as
follows:
VENDOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for:
Striping parking lots.
The work described above shall be completed at the following location(s):
Various City locations.
The Project shall be completed in strict accordance with the terms as described in this
Contract; in strict accordance with the requirements of the laws of the State of lowa and
ordinances of the City of Dubuque, just as much as if the detailed statements thereof were
repeated herein.
Page 1 of 19 Page 176 of 890
2. Contract Documents shall mean and include the following WHERE APPLICABLE:
Documents listed in bold should be attached to this document upon submission.
• Request for Proposal (or procurement documentation)
• This Contract;
• Ordinances and resolutions heretofore adopted by the City Council having to do with
this Project;
• The Vendor's Proposal;
• Plans and Specifications;
• General Requirements as adopted by the City Council for the Project;
• Terms and Conditions (Exhibit A); and
• INSURANCE — Please include one applicable Insurance Schedule:
o Insurance Schedule F for General Artisan or Trade Contractors or
Subcontractors (Exhibit B)
o Insurance Schedule G for Vendors (Exhibit C)
o Insurance Schedule J for Professional Services (Exhibit D)
Check Appropriate Box
0 Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors
❑ Insurance Schedule G —Vendors
❑ Insurance Schedule J — Professional Services
• Other:
3. All materials used by the Vendor on this Project shall be of the quality required by the Contract
Documents and shall be put in place in accordance with the Contract Documents.
4. The Vendor shall remove any materials rejected by the City Manager as defective or improper,
or any of said work condemned as unsuitable or defective, and the same shall be replaced or
done anew to the satisfaction of the City Manager at the cost and expense of the Vendor.
5. The Vendor has read and understands the Contract Documents and has examined and
understands the project description described in Section 1 of this Agreement and any attached
Special Conditions herein referred to and agrees not to plead misunderstanding or deception
because of estimates of quantity, character, location or other conditions surrounding the
same.
6. The Vendor shall fully complete the Project under this Contract on or before
June 30,2026 (date)
7. Indemnification; Liability for City Damage
A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless
the City from and against all claims, damages, losses and expenses, including but not
limited to attorneys' fees, arising out of or resulting from performance of the Contract,
provided that such claim, damages, loss or expense is attributable to bodily injury,
sickness, disease or death, or injury to or destruction of property (other than the Project
itself) including loss of use resulting therefrom, but only to the extent caused in whole or
in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or
Page 2 of 19 Page 177 of 890
anyone directly or mdirectly employed by the Contractor or the ConVactor's s�.�contractor
or anyone for whose acts the Contractor or the Contractors subconiractor m���be Ifabfe,
regardless of whether or not such daim, damage, loss pr expense is caused n part by a
party Indemnitred hereunder.
B. The ConVactor shall also be liable to the City for any damage to C�ty property 3rising out
of or retated to the Contractor's negligent periom�ance of the Contract.
8. Pnor to the commencement ot any worlc on tt��s Pro�ect and at all Umes dunng the p�rtotmance
o(this Contract. the Vendor shall prova3�ev�tence o(insu�ance which meets the re awremer�ts
of the C�ty's Insurance Schedule as indicated above and attached hereto.
9. The Vendor agrees that no work under this Contract shall commence unt�l th e� C�ty has
authonzed safd worlc in wrnirx,� Any worlc started by the Vendor prior the City a� thorizatio�
sha{I be cons�dered unauthonze�d and done at tt�e sole nsk to the Vendor.
10. Vendor wnll comply vrith aQ federat, state, and local laws and regulations i� the p�>�iormance
of this Contract.
11. The City may terminate this Contract w►th or without cause upon fourteen (14)d r,rs' wrrtten
notice delivered to the Ver�dor
12 Thfs Contract shall be governed by the laws of tt�e State ot lowa and exdusnre unsd�cUon
and venue for any action arising out of or related to this ConUad shaN be the lo iia D�strict
Court for Dubuque County.
THE CITY AGREES:
The City ag�ees to pay the Vendor for the work actuaNy pe�iormed under th�s C;nUact, up
lo the amount stated below, less any agreed damages provided for in the Cornract Do:uments.
CONTRACT AMOUNT$ 5.000
CITY OF DUBU�UE, IOWA VENDOR:
�'� �� �w�,/���� 4/22/2026 = 1�
.�� S tu-►t ��c, ��< 1'►'C�si�fe�4��
�>.:t�_• �;ompany Name ?i�c.
,
�Y ;�-���-^�' k��..✓ - Z -L
Signature Date
�S�-�J� �(,� ����t�,:--
Pnnted Name �
_�'���;� f�. r
TiUe �
Peqe 3 of 19
Page 178 of 890
EXHIBIT A
TERMS AND CONDITIONS
The following Terms and Conditions apply to City of Dubuque Transactions:
1. The City of Dubuque is exempt from federal excise tax and lowa sales tax.
2. The City of Dubuque will not be responsible for payment for any goods delivered without
a purchase order.
3. The vendor will send a separate invoice for each purchase order number. All invoices,
packages, shipping notices, or the like affecting the order shall contain the applicable
purchase order number. The vendor is to submit original invoice to the address shown in
the SHIP TO section on the front of this order.
4. No freight or packing charges will be allowed by the City of Dubuque unless specifically
authorized.
5. It is understood by the vendor that the cash discount period to the City of Dubuque will
date from the receipt of the invoice or from the date of the receipt of the goods, whichever
is later.
6. The risk of loss of and damage to the goods which are the subject of this order, regardless
of the F.O.B. point, is and will remain with the vendor until the goods are delivered to the
destination set out in the order and accepted by the City of Dubuque or the authorized
City of Dubuque representative.
7. In the event of the vendor's failure to deliver as and when specified, or to perform as and
when specified, the City of Dubuque reserves the right to cancel this order, or any part
thereof, without prejudice to its other rights, and the vendor agrees that the City of
Dubuque may return part or all of any shipment so made and may charge the vendor with
any loss expense sustained as a result of such failure to deliver or to perform.
8. In the event any article, service, or process sold, delivered and/or performed hereunder is
covered by any patent, copyright, or application for either, the vendor will indemnify and
save harmless the City of Dubuque from any and all loss, cost, or expenses on account
of any and all claims, suits, or judgments on account of the use or sale of such article or
the use of such service or process in violation of such patent, copyright or application for
either.
9. In the event any article, service, or process sold and delivered or sold and performed
hereunder is defective in any respect whatsoever, the vendor will indemnify and save
harmless the City of Dubuque from all loss or the payment of all sums of money by reason
of all accidents, injuries or damages to person or property that may happen or occur in
connection with the use or sale of such article, or process and are contributed to by said
defective condition.
10. The vendor agrees not to release any advertising copy mentioning the City of Dubuque or
quoting the opinion of any City of Dubuque employee without the prior written authorization
from the City of Dubuque.
11. The vendor represents and warrants that no federal or state statute or regulation, or local
municipal ordinance has been or will be violated in the manufacturing, sale and delivery
Page 4 of 19 Page 179 of 890
hereunder. If such violation has or does occur, the vendor will indemnify and save
harmless the City of Dubuque from all loss, penalties, or payment of all sums of money on
account of such violation.
12. The City of Dubuque may at any time insist upon strict compliance with these terms and
conditions notwithstanding any previous custom, practice, or course of dealing to the
contrary.
13. The terms and conditions of sale as stated in this order govern in the event of conflict with
any terms of the vendor's proposal, and are not subject to change by reason of any written
or verbal statements by the vendor or by any terms stated in the vendor's
acknowledgement unless same be accepted in writing by the City of Dubuque.
14. Current Safety Data Sheets (SDS), when applicable to the order, must be provided by the
vendor in accordance with all regulations.
Page 5 of 19 Page 180 of 890
EXHIBIT B
INSURANCE SCHEDULE F
Class A:
Asbestos Removal Fiber Optics Sanitary Sewers
Asphalt Paving Fire Protection Sheet Metal
Concrete Fireproofing Site Utilities
Construction Managers General Contractors Shoring
Cranes HVAC Special construction
Culverts Mechanical Steel
Decking Paving & Surfacing Storm sewers
Demolition Piles & Caissons Structural Steel
Deconstruction Plumbing Trails
Earthwork Retaining Walls Tunneling
Electrical Reinforcement Water main
Elevators Roofing
Class B:
Chemical Spraying Landscaping Rough Carpentry
Doors, Window & Masonry Stump Grinding
Glazing Vehicular Snow Removal Tank Coating
Drywall Systems Painting &Wall Covering Tree Removal
Fertilizer Application Pest Control Tree Trimming
Geotech Boring Scaffolding Tuckpointing
Insulation Sidewalks Waterproofing
Finish Carpentry Plastering Well Drilling
Class C:
Carpet Cleaning
Carpet& Resilient
Flooring
Caulking & Sealants
Acoustical Ceiling
Filter Cleaning
General Cleaning
Grass Cutting
Janitorial
Non Vehicular Snow&
Ice Removal
Office Furnishings
Power Washing
Tile &Terrazzo Flooring
Window Washing
Page 6 of 19 Page 181 of 890
INSURANCE SCHEDULE F (continued)
1. Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the
coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer
than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with
the final billing. Each certificate shall be prepared on the most current ACORD form approved by the lowa
Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The
certificate must clearly indicate the project number, project name, or project description for which it is being
provided Eg: Project# Project name: Parking Lot Striping or Project Location at
or construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all
insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide.
3. Each Certificate required shall be furnished to the Parksand Recreation Department of the City of Dubuque.
4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of these
requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a
material breach of this contract.
5. Contractor shall require all subcontractors and sub-subcontractors to obtain and maintain during the performance
of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of
insurance from all such subcontractors and sub-subcontractors. Contractor agrees that it shall be liable for the
failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage. The City may request a
copy of such certificates from the Contractor.
6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement
can be approved.
7. Whenever an ISO form is referenced the current edition must be provided.
8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other legal
agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are higher than the required
minimum limit, then the contractor's limits shall be this agreemenYs required limits.
9. Contractor shall be responsible for deductibles and self-insured retention for payment of all policy premiums and
other cost associated with the insurance policies required below.
10. All certificates of insurance must include agents name, phone number, and email address.
11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, required by this Schedule at any time.
12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the
risk or other special circumstances during the term of the contract, subject to written mutual agreement attached
hereto.
Page 7 of 19
Page 182 of 890
INSURANCE SCHEDULE F (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $2,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general liability
coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02.
All deviations from the standard ISO commercial general liability form CG 00 01 or business
owners form BP 00 02 shall be clearly identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate LimiY' or
CG 25 03 "Designated Construction Project(s) General Aggregate Limit" as appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement. (Sample attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its employees,
agents, and volunteers, all its boards, commissions and/or authorities and their board
members, employees, agents, and volunteers. Use ISO form CG 20 10 (Ongoing operations).
6) The additional insured endorsement shall include completed operations under ISO form CG 20
37 during the project term and for a period of two years after the completion of the project.
7) Policy shall include Waiver of Right to Recover from Others endorsement.
8) Policy shall include cancellation and material change endorsement providing thirty (30) days
advance written notice of cancellation, non-renewal, reduction in insurance coverage and/or limits
and ten (10)days written notice of non-payment of premium shall be sent to: City of Dubuque
Finance Department, 50 West 13th Street Dubuque, lowa 52001.
9) Contractor and subcontractor shall not use any drone without the prior written approval of the City
of Dubuque. Any drone usage must comply with above liability limits and the additional insured
endorsement must name the City of Dubuque with respect to aircraft liability coverage.
B) WORKERS' COMPENSATION 8� EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by lowa
Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by lowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation
Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or
Employers' Liability Coverage form on file with the lowa
Workers' Compensation Insurance Commissioner, as required by lowa Code Section 87.22. Completed
form must be attached.
Page 8 of 19
Page 183 of 890
C) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned, and hired vehicles. If the Contractor's business does not
own any vehicles, coverage is required on non-owned and hired vehicles.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
D) UMBRELLA/EXCESS LIABILITY
The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be
satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or
Excess Insurance policy does not follow the form of the primary policies, it shall include the same
endorsements as required of the primary policies including but not limited to Waiver of Subrogation and
Primary and Non-contributory in favor of the City.
All Class A contractors with contract values in excess of$10,000,000 must have umbrella/excess liability
coverage of$10,000,000.
All Class A and Class B contractors with contract values between $500,000 and $10,000,000 must have
umbrella/excess liability coverage of$3,000,000.
All Class A and B contractors with contract values less than $500,000 must have umbrella/excess liability
coverage of$1,000,000.
All Class C contractors are not required to have umbrella/excess liability coverage.
All contractors performing earth work must have a minimum of$3,000,000 umbrella regardless of the
contract value.
E) POLLUTION LIABILITY
Coverage required: _Yes X No
Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or
contaminated materials including, but not limited to, the removal of lead, asbestos, or PCB's. Pollution
product and complete operations coverage shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its employees,
agents, and volunteers, all its boards, commissions and/or authorities and their board
members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) or its
equivalent and CG 20 37 (completed operations) or its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
5) Include endorsement indicating that coverage is primary and non-contributory.
6) Policy shall include waiver of right to recovery from others endorsement.
7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability-Broadened Coverage
for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel
onto the Owner's property.
F) RAILROAD PROTECTIVE LIABILITY
Coverage required: _Yes X No
Page 9 of 19
Page 184 of 890
Any contract for construction or demolition work on or within fifty feet (50')from the edge of the tracks of a
railroad and affecting any railroad bridge, trestle, tracks, roadbeds, tunnel, underpass, or crossing, for
which an easement, license or indemnification of the railroad is required, shall require evidence of the
following additional coverages.
Railroad Protective Liability:
$ each occurrence (per limits required by Railroad)
$ policy aggregate (per limits required by Railroad)
AND
An endorsement to the Commercial General Liability policy equal to ISO CG 24 17 (Contractual Liability-
Railroads). A copy of this endorsement shall be attached to the certificate of insurance.
Page 10 of 19
Page 185 of 890
lowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be
available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this
Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please
use this endorsement or an equivalent form. The preservation of immunities is for your benefit.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy
and the including of the City of Dubuque, 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 Coveraqe. The insurer further agrees that this policy of insurance shall cover only those claims not subject
to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists and as it may be
amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms and
conditions of this insurance policy.
3. Assertion of Government Immunitv. 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 insurer.
4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer shall not deny any
of the rights and benefits accruing to the City of Dubuque, 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.
No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or alter the
coverage available under the policy.
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 11 of 19
Page 186 of 890
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: Michael C. Van Milligen, City Manager
FROM: Duane Richter, Traffic Engineer
DATE: April 28, 2026
RE: Miovision Sole Source for Central Management Software
Attached are a quote and sole source with Miovision for annual software
maintenance for Opticom Central Management Software. This will provide for five
licenses.
Funding will be from -20-210-5502-00-01-65045 (Street Tech Equip).
It would be appreciated if you would execute the attached sole source related to this
quote. Please return it to the Engineering office for further processing.
Attach.
cc: Kerry Bradley, Eng. Dept.
Page 187 of 890
Sole Source Procurement Justification Form
(Must be attached to Purchase Order in Finance Plus and Final Purchase Order for Payment)
A sole source procurement shall be avoided unless clearly necessary and justifiable. The City Manager
or designee may exempt the purchase of goods or services from competitive selection processes when
the purchase qualifies as a sole source procurement as a result of the following circumstances:
1. One vendor is the only one qualified or eligible or is quite obviously the most
qualified or eligible to provide the good or service; ar
2. The procurement is of such a specialized nature or related to a specific geographic
location that only a single source, by virtue of experience, expertise, proximity, or
ownership of intellectual properry rights, could most satisfactorily provide the
good or service; or
3. Applicable law requires, provides for, or permits use of a sole source procurement;
or
4. The federal government or other provider of funds for the goods or service being
purchased has imposed clear and specific restrictions on the use of the funds in a
way that restricts the procurement to only one vendor; or
5. The procurement is a technology device that is systems software or an upgrade, or
compatibility is the overriding consideration, or the procurement would prevent
voidance or termination of a warranty, or the procurement would prevent default
under a contract ar other obligation.
Department Engineering Date 4/27/2026
Contact Name Duane Richter
Vendor Miovision
Amount $3,240.00
S � �¢`'�� 4/28/26
Department Approval O Date
City Manager or Designee Approval ��,��e..� v, �,�, Date 4/28/2026
Please complete the following with all sole source request:
1) Is the vendor a known related party vendor to the City of Dubuque?
❑ Yes �❑ No If yes relationship
2) What is the item/service, and what functions do they serve? This keeps are Central Management Software
cu rrent.
3) Explain why the recommended vendor is the only one qualified to provide the requested item(s) at the
exclusion of all others, i.e. what makes this vendor uniquely qualified?This vendor is recommended because they
are the provider/maker of the software.
4) Describe the research that has been completed to ensure that no other competition exists. Provide names of
vendors contacted who are unable to provide the item(s) or perform the service. We have compared
--------------------
other preemption companies in the past end choose GTT over Tomar.
5) How did you determine that the vendor's price was reasonable We compared the price of the support___
agreement with past purchases.
Page 188 of 890
mi��vision Quote Q-40819
• Version Q-40819-20260427-1429
opt�cc�m
Miovision Technologies US,LLC. Date:4/24/2026
801 Transfer Road,Unit G02 Valid Until:7/23/2026
St. Paul,MN,55114,US Currency:U.S. Dollar
Account Executive:Tony Kendall Payment Term: Net 30
tony.kendall@miovision.com Billing Term:Standard Billing Terms
Shipping Contact:Duane Richter Shipping Term: FOB Shipping Point
drichter@cityofdubuque.org PO#:
Customer Name:City of Dubuque(IA) Waranty Claim:
Bill To Ship To
City of Dubuque(IA) City of Dubuque(IA)
50 West 13th Street 50 W 13TH ST
Dubuque, lowa 52001 DUBUQUE,lowa 52001-4845
United States United States
Product Name Start Date End Date Term Annual Price Qty Total
(yyyy-mm-dd) (yyyy-mm-dd) (Months) Price
Annual Software Maintenance 2025-02-27 2026-02-26 12 $162.00 $162.00 20 $3,240.00
for Opticom Central Management
Software(CMS)(5�icenses)
Total: USD 3,240.00
CMS renewal covering 2/27/2025 through 2/26/2026
The Customer agrees to order the products outlined above at the prices indicated,and acknowledges that this order
is governed by the current master sales agreement("MSA")that it has with Miovision, or if no MSA exists then the
terms outlined at: https://miovision.com/legal/msa shall govern. If Customer issues a purchase order, any additional,
inconsistent or conflicting terms appearing in the purchase order shall be of no force or effect and shall not amend this
order.
For customers paying by credit card, a Miovision accounts receivable representative will contact you by phone to obtain
credit card details. Please note that in order to complete payment the Miovision representative will require you to provide
the applicable Quotation reference number.
Date: Name: Signature:
Page 1 of 1
Page 189 of 890
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: Michael C. Van Milligen, City Manager
FROM: Duane Richter, Traffic Engineer
DATE: April 28, 2026
RE: Mobotrex Sole Source — Traffic Signal Pedestrian Buttons
Attached are a quote and sole source with Mobotrex for traffic signal pedestrian
buttons for the crosswalk on Grandview Avenue near Bryant Street. The ped buttons
will be audible.
Funding will be from 5524000029 (Signalization Program).
It would be appreciated if you would execute the attached sole source related to this
quote. Please return it to the Engineering office for further processing.
Attach.
cc: Kerry Bradley, Eng. Dept.
Page 190 of 890
Sole Source Procurement Justification Form
(Must be attached to Purchase Order in Finance Plus and Final Purchase Order for Payment)
A sole source procurement shall be avoided unless clearly necessary and justifiable. The City Manager
or designee may exempt the purchase of goods or services from competitive selection processes when
the purchase qualifies as a sole source procurement as a result of the following circumstances:
1. One vendor is the only one qualified or eligible or is quite obviously the most
qualified or eligible to provide the good or service; ar
2. The procurement is of such a specialized nature or related to a specific geographic
location that only a single source, by virtue of experience, expertise, proximity, or
ownership of intellectual properry rights, could most satisfactorily provide the
good or service; or
3. Applicable law requires, provides for, or permits use of a sole source procurement;
or
4. The federal government or other provider of funds for the goods or service being
purchased has imposed clear and specific restrictions on the use of the funds in a
way that restricts the procurement to only one vendor; or
5. The procurement is a technology device that is systems software or an upgrade, or
compatibility is the overriding consideration, or the procurement would prevent
voidance or termination of a warranty, or the procurement would prevent default
under a contract ar other obligation.
Department Engineering Date 04/28/2026
Contact Name Duane Richter
Vendor Mobotrex
Amount $ 1,515.00
Department Approval (/ _Date 4/28/26
City Manager or Designee Approval / /,c,v� �w�,��l�� Date 4/28/26
�
Please complete the following with all sole source request:
1) Is the vendor a known related party vendor to the City of Dubuque?
❑ Yes �❑ No If yes relationship
2) What is the item/service, and what functions do they serve? Traffic Signal Ped Buttons_These will be used
for the crosswalk on Grandview near Bryant Street.
3) Explain why the recommended vendor is the only one qualified to provide the requested item(s) at the
exclusion of all others, i.e. what makes this vendor uniquely qualified?These are replacement parts ______
for the crosswalk because of citizen request.
4) Describe the research that has been completed to ensure that no other competition exists. Provide names of
vendors contacted who are unable to provide the item(s) or perform the service. Other vendors sell different _
brands that don't last along and need to be repaired more often.
5) How did you determine that the vendor's price was reasonable We looked at past invoices to make sure___
that cost of the items have not increased. Plus this year it includes updating the controllers.
Page 191 of 890
mobotrex � • -
Quote Number: 1956297
109 West 55th Street� Davenport, IA 52806� (563)323-0009
Date: 04/14/2026
Customer: DUB0001 Expire Date: 5/14/2026
Richter, Duane Prepared By: Zank, Justin D.
City Of Dubuque
City Of Dubuque
50 W 13th St
Dubuque IA 52001-4805
United States
Contact: Richter, Duane
Phone: 563 589-1722
Fax: 563 589-4149
Email: drichter@cityofdubuque.org
Part# Description Quantity Price Extended
PMR13256-001 PBS:9"x12",AUDIBLE W/LED,(R10-25),YLW 3 $505.00 $1,515.00
Sale Amount: $1,515.00
Sales Tax: 0.00
Misc Charges: 0.00
Total Amount: $1,515.00
Terms:
THIS QUOTE IS BASED ON THE ENTIRE VALUE AND VOLUME OF ALL LINE ITEMS- Prices listed on this quote are valid only in the
event of purchase of all line items in the quantities listed, in their entirety. Purchases of individual line items will require a new quote
prior to acceptance of any purchase orders.
PAYMENT TERMS ARE NET 30 DAYS with prior approved credit. MoboTrex, LLC retains title to material until paid in full. A service
charge of 1.5% per month (18%annual rate)will be assessed against all past due accounts. Prices and delivery quoted are firm for 30
days from the data of bid. The above quote does not include installation of the products quoted. On-Site technical assistance is
available and will be quoted upon request.
Quotation does not include sales tax. Sales tax will be added at time of invoice unless a valid Sales Tax Exempt certificate has been
provided. Sales tax exempt certificate should accompany customer Purchase Order.
Limited Warranty: MoboTrex, LLC only obligations shall be to replace such quantity of the product proven to be defective.
Warranty Period: The length of warranty manufacturers have conveyed to the seller and which can be passed on to the buyer.
Additional terms and conditions apply-See MoboTrex, LLC Terms&Conditions document at our website: www.mobotrex.com.
Thank you for the opportunity to provide this quote.
MoboTrex,LLC Tuesday,April 14,2026 08:57 AM Page 1 of 1
Page 192 of 890
I
� I
Z'HE CITI OF
D—� City of Dubuque
T TR E Dept: Parks&Recreation
�J 1J
50 W. 13�h Street
'�1n�t��*��ic�cc o1z tlic Mississi�pi Dubuque, IA 52001
PhOne#563-589-4263
CITY OF DUBUQUE, IOWA
SHORT FORM
VENDOR SERVICE AGREEMENT
THIS VENDOR SERVICE AGREEMENT (the Contract), between the City of Dubuque, lowa
(City), by its City Manager, through authority conferred upon the City Manager by its Ciry Council
and
United Leak Detection (Vendor) at
(Vendor Name)
i
(Vendor Address - City and State) I
�
PROJECT TITLE: Flora Pool Leak Detection
(Project)
For and in consideration of the mutual covenants herein contained, the parties hereto agree as
follows:
VENDOR AGREES:
1 To furnish all material and equipment and to perform all labor necessary for:
the detedion and location identification of underground leaks at Flora Pool. .
The work described above shall be completed at the following location(s):
Flora Pool-2525 Green SVeet,Dubuque,IA.52001
The Project shall be completed in strict accordance with the terms as described in this Contract;
in strict accordance with the requirements of the laws of the State of lowa and ordinartces of the
City of Dubuque, just as much as if the detailed statements thereof were repeated herein.
Page 1 of 14
Page 193 of 890
2. Contract Documents shall mean and include the following where applicable:
Documents listed in bold should be attached to this document upon submission.
• Request for Proposal (or procurement documentation)
• This Contract;
• O�dinances and resolutions heretofore adopted by the City Council having to do with this
Project;
. The Vendor's Proposal;
. Plans and Specifications;
• General Requirements as adopted by the City Council for the Project;
• Terms and Conditions (Exhibit A); and
• Insurance Schedule G for Vendors (Exhibit B) or Insurance Schedule J for
Professional Services (Exhibit C).
Check Appropriate Box
❑ Insurance Schedule G —Vendors
0 Insurance Schedule J — Professional Services
• Other:
3. All materials used by the Vendolace inla cordance wi h the Con act Documents.y the Contract
Documents and shall be put p
4. The Vendor shall remove any materials rejected by the Ciry Manager as defective or improper,
or any of said work condemned as unsuitable or defective, and the same shatl be replaced or
done anew to the satisfaction of the City Manager at the cost and expense of the Vendor.
5. The Vendor has read and under�es�Cr bedein Section 1�of this Agreement andXany attached
understands the project description
Special Conditions herein referredharactera ocat on otr othee conditions sur ounld9 g the samte n
because of estimates of quantity, c
g, The Vendor shall fully complete the Project under this Contract on or before
May 29,2026
(DATE)
7. Indemnification; Liability for City Damage
A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the
City from and against all claims, damages, losses mance of the Co tract,p ovided'that such
attorneys'fees, arising o u t o f o r r e s u l t i n g f r o m p e rf o
claim, damages, loss or expense is attributable to bodilY{tsel' nclud ng olss of use dresulti 9
injury to or destruction of property (other than the Pro�ec fl
refrom but only to the extent caused in whole or in part by negligent acts or omissions of
the ,
the Contractor, the Contractor's subcontractor, or anyone dire�hose acts the ConVactor or
the Contractor or the Contractor's subcontractor or anyone fo
ontractor's subcontractor may be liable, regardless of whether or not suct► claim,
the C a indemnified hereunder.
damage, loss or expense is caused in part by a p �Y �
Page 2 of 14
� "� "����.~ Page 194 of 890
B. The Contractor shall also be liable to the City for any damage to City property arising out of
or related to the Contractor's negligent performance of the Contract.
8. Prior to the commencement of any work on this Project and at all times during the performance
of this Contract, the Vendor shall provide evidence of insurance which meets the requirements
of the Ciry's Insurance Schedule G or Insurance Schedule J attached to this Contract.
Check Appropriate Box
❑ Insurance Schedule G —Vendors
0 Insurance Schedule J — Professional Services
9. The Vendor agrees that no work under this Contract shall commence until the City has authorized
said work in writing. Any work started by the Vendor prior the Ciry authorization shall be
considered unauthorized and done at the sole risk to the Vendor.
10. Vendor will comply with all federal, state, and local laws and regulations in the performance of
this Contract.
11. The City may terminate this Contract with or without cause upon fourteen (14)days'written notice ;
delivered to the Vendor.
12. This Contract shall be governed by the laws of the State of 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. �
THE CfTY AGREES:
Upon the completion of this Contract, and the acceptance of the Project by the City Manager,
the City agrees to pay the Vendor as full compensation for the complete performance of this Contract,
up to the amount stated below, less any agreed damages provided for in the Contract Documents.
CONTRACT AMOUNT $ ��,250
CITY OF DUBUQUE, IOWA VENDOR:
.
,
By: 4/29/26 ��� �� ��cG �o,�
ichael C. Van Millige� Date Com an Name
City Manager
By: y�Z�-26
S' n a Date
U����
Printed Name
1(����(�'
Title
Page 3 of 14
Page 195 of 890
I
�
VENDOR ACKNOWLEDGEMENT OF
ATTACHED SPECIAL CONDITIONS:
By' Date
Signature
Printed Name
Title
�
r
,
}'
``
� •
�.
Page 4 of 14
����'�'
EXHIBIT A
TERMS AND CONDITIONS
The foilowing Terms and Conditions apply to City of Dubuque Transactions:
1. The City of Dubuque is exempt from federaf excise tax and lowa sales tax.
2. The City of Dubuque will not be responsible for payment for any goods delivered without a
purchase order.
3. The vendor will send a separate invoice for each purchase order number. All invoices,
packages, shipping notices, or the like affecting the order shall contain the applicable
purchase order number. The vendor is to submit original invoice to the address shown in the
SHIP TO section on the front of this order.
4. No freight or packing charges will be allowed by the City of Dubuque unless specifically
authorized.
5. It is understood by the vendor that the cash discount period to the City of Dubuque will date
from the receipt of the invoice or from the date of the receipt of the goods, whichever is later.
6. The risk of loss of and damage to the goods which are the subject of this order, regardless of �
the F.O.B. point, is and will remain with the vendor until the goods are delivered to the '
destination set out in the order and accepted by the City of Dubuque or the authorized City of
Dubuque representative.
7. In the event of the vendor's failure to deliver as and when specified, or to perform as and
when specified,the City of Dubuque reserves the right to cancel this order,or any part thereof,
without prejudice to its other rights,and the vendor agrees that the City of Dubuque may retum
part or all of any shipment so made and may charge the vendor with any loss expense
sustained as a result of such failure to deliver or to perform.
8. In the event any article, service, or process sold, delivered and/or perfonned hereunder is
covered by any patent, copyright, or application for either, the vendor will indemnify and save
harmless the Ciry of Dubuque from any and all loss, cost, or expenses on account of any and
all claims, suits, or judgments on account of the use or sale of such article or the use of such
service or process in violation of such patent, copyright or application for either.
9. In the event any article, service, or process sold and delivered or sold and performed
hereunder is defective in any respect whatsoever, the vendor will indemnify and save
harmless the City of Dubuque from all loss or the payment of all sums of money by reason of
all accidents, injuries or damages to person or property that may happen or occur in
connection with the use or sale of such article, or process and are contributed to by said
defective condition.
Page 5 of 14
Page 197 of 890
i
10.The vendor agrees not to release any advertising copy mentioning the City of Dubuque or
quoting the opinion of any City of Dubuque employee without the prior written authorization
from the City of Dubuque.
11.The vendor represents and warrants that no federal or state statute or regulation, or local
municipal ordinance has been or will be violated in the manufacturing, sale and delivery
hereunder. If such violation has or does occur, the vendor will indemnify and save harmless
the City of Dubuque from all loss, penalties, or payment of all sums of money on account of
such violation.
12.The Ciry of Dubuque may at any time insist upon strict compliance with these terms and
conditions nofinrithstanding any previous custom, practice, or course of dealing to the contrary.
13.The terms and conditions of sale as stated in this order govem in the event of conflict with any
terms of the vendor's proposal, and are not subject to change by reason of any written or
verbal statements by the vendor or by any terms stated in the vendor's acknowledgement
unless same be accepted in writing by the City of Dubuque.
14.Current Safety Data Sheets (SDS), when applicable to the order, must be provided by the
vendor in accordance with all regulations.
�
i
�
I
I
Page 6 of 14
Page 198 of 890
�
EXHIBIT B
INSURANCE SCHEDULE G
1, Vendor shall iurnish a signed certificate of insurance to the City of Dubuque, lowa for the coverage required in
Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD
form approved by the lowa Insurance Division or an equivalent. Each certificate shall include a statement
under Description of Operations as to why the certificate was issued.Vendor Seroice Agreement dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all
insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide.
3. Each certificate shall be furnished to the Finance Depa�tment of the City of Dubuque.
4. The service provider shall be required to carry the minimum coverage/limits, or greater if required by law or
other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a
waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement.
6. All required endorsements shall be attached to the certificate.The certificate is due before the
contracUagreement can be approved.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent
form is approved by the Director of Finance and Budget.The service provider must identify or list in writing all
deviations and exclusions from the ISO form.
8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this
agreement's required limits.
9. Vendor shall require all subcontractors and sub-subcontractors to obtain and maintain during the performance
of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of
insurance from all such subcontractors and sub-subcontractors.Vendor agrees that it shall be liable for the
failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage.The City may request a
copy of such certificates from the Vendor.
10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other
costs associated with the insurance policies required below.
11. All certificates of insurance must include agents name, phone number, and email address.
12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, required by this Schedule at any time.
13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the
risk or other special circumstances during the term of the agreement, subject to written mutual agreement
attached hereto.
Page 7 of 14
Page 199 of 890
INSURANCE SCHEDULE G (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made,form.The general liability
coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00
02. All deviations from the standard ISO commercial general liability form CG 00 01,or
Business owners form BP 00 02, shall be clearly identified.
2) Include ISO endorsement form CG 25 04"Designated Location(s)General Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement(Sample attached).
5) Inc►ude additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its employees and
volunteers, all its boards, commissions and/or authorities and their board members,
employees and volunteers. Use ISO form CG 20 10(Ongoing operations)or its
equivalent.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
7) Policy shall include cancellation and material change endorsement providing thirty(30)days
advance written notice of cancellation, non-renewal, reduction in insurance coverage and/or
limits and ten (10)days written notice of non-payment of premium shall be sent to:City of
Dubuque Finance Department, 50 West 13th Street Dubuque, lowa 52001.
B) WORKERS' COMPENSATION 8 EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by
lowa Code Chapter 85.
Coverage A Statutory�tate of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by lowa Code Section 85.1A, the Vendor is not required to purchase Workers'Compensation
Insurance,the Vendor shall have a copy of the State's Nonelection of Workers'Compensation or
Employers'Liability Coverage form on file with the lowa Workers'Compensatlon Insurance
Commissioner, as required by lowa Code Section 87.22. Completed form must be attached.
Page 8 of 14
Page 200 of 890
INSURANCE SCHEDULE G (continued)
C) POLLUTION LIABILITY
Coverage required: _Yes _No
Pollution liability coverage shall be required if the lessee, contracting party,or permittee has any
pollution exposure for abatement of hazardous or contaminated materials including, but not limited to,
petroleum products,the removal of lead, asbestos,or PCBs. Pollution product and completed
operations coverage shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its employees and
volunteers, all its boards, commissions and/or authorities and their board members,
employees and volunteers. Use ISO form CG 20 10. (Ongoing operations)or its
equivalent and CG 20 37(competed operations).
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
5) Include endorsement indicating that coverage is primary and non-contributory.
6) Policy shall include waiver of right to recovery from others endorsement.
D) PROFESSIONAL LIABILITY $1,000,000
Coverage required: _Yes _No
If the required policy provides claims-made coverage:
1) The Retroactive Date must be shown and must be before the date of the agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at least five(5)
years after completion of the work or services.
3) If coverage is canceled or non-renewed and not replaced with another claims-made policy
form with a Retroactive Date prior to the date of the agreement,the contractor must provide
`extended reporting"coverage for a minimum of five(5)years after completion of the work or
services.
E) CYBER LIABILITY/BREACH $1,000,000
Coverage required: _Yes _No
Coverage for First and Third Party breach liability including but not limited to lost data and restoraBon,
loss of income and cyber breach of information.
F) UMBRELLA/EXCESS $1,000,000
Coverage required: _Yes _No
The General Liability,Automobile Liability and Employer's Liability Insurance requirements m8y be
satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or
Excess Insurance policy does not follow the form of the primary policies, it shali include the same
endorsements as required of the primary policies including but not limited to Waiver of Subrogatwn
and Primary and Non-contributory in favor of the City.
Page9of14
Page 201 of 890
Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule
may result in the waiver of the City's governmental immunities provided in lowa Code sec. 670.4. If you would like to
presen�e those immunities, please use this endorsement or an equivalent form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv The insurer 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
govemmental 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 Coveraqe.The insurer further agrees that this policy of insurance shall cover only those claims not
subject to the defense of govemmental immunity under the Code of lowa Section 670.4 as it now exists and as it may
be amended from time to time.Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms
and conditions of this insurance policy.
3. Assertion of Government Immunitv. The City of Dubuque, lowa shall be responsible for asserting any defense
of govemmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer.
4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer shall not deny
any of the rights and benefits accruing to the Ciry of Dubuque, lowa under this policy for reasons of govemmental
immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s)of governmental
immunity asserted by the Ciry of Dubuque, lowa.
No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or alter the
coverage available under the policy.
PE IM
E
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
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I
�
EXHIBIT C
INSURANCE SCHEDULE J
�, shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the
coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is
longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each
project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by
the lowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each
certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg:
Project# or Project Location at or construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all
insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these
requirements by the Ciry of Dubuque. Failure to obtain or maintain the required insurance shall be considered
a material breach of this agreement.
5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the
performance of work insurance for the coverages described in this Insurance Schedule and shall obtain
certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they
shall be liable for the failure of a subconsultant and sub-subconsultant to obtain and maintain such coverages.
The City may request a copy of such certificates from the Contractor.
6. All required endorsements shall be attached to the certificate. The certificate is due before the
contract/agreement can be approved.
7. Whenever a specific ISO form is listed, required the current edition of the form must be used,or an equivalent
form may be substituted if approved by the Director of Finance and Budget and subject to the contractor
identifying and listing in writing all deviations and exclusions from the ISO form.
8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal
agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits then
the provider's limits shall be this agreemenYs required limits.
9. Contractor shall be responsible for deductibles and self-insured retention for payment of all policy premiums
and other cost associated with the insurance policies required below.
10. All certificates of insurance must include agents name, phone number, and email address.
11. The City of Dubuque reserves the right to require complete, certified copies of all required insu�nce poNcies,
including endorsements, required by this Schedule at any time.
12. The Ciry of Dubuque reserves the right to modify these requirements, including limits, based on d�anfles In the
risk or other special circumstances during the term of the agreement, subject to written mutua)a�r9emertt
attached hereto.
Page 11 of 14
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INSURANCE SCHEDULE J (continued)
Exhibit 1
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general liability
coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00
02.All deviations from the standard ISO commercial general liabiliry form CG 00 01, or
business owners form BP 00 02, shall be clearly identified.
2) Include endorsement indicating that coverage is primary and non-contributory.
3) Include Preservation of Governmental Immunities Endorsement. (Sample attached).
4) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its employees and
volunteers, all its boards, commissions and/or authorities and their board members,
employees and volunteers. Use ISO form CG 20 26.
5) Policy shall include Waiver of Right to Recover from Others endorsement.
6) Policy shall include cancellation and material change endorsement providing thirty(30)days
advance written notice of cancellation, non-renewal, reduction in insurance coverage and/or
limits and ten (10)days written notice of non-payment of premium shall be sent to:City of
Dubuque Finance Department, 50 West 13'h Street Dubuque, lowa 52001.
B) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned, and hired vehicles. If the Contractor's business does
not own any vehicles, coverage is required on non-owned and hired vehicles.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
C) WORKERS' COMPENSATION&EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by
lowa Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage B Employers Liabiliry
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
Page 12 of 14
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If,by lowa Code Section 85.1A, the Contractor is not required to purchase Workers'Compensation
Insurance,the Contractor shail have a copy of the State's Nonelection of Workers'Compensation or
Employers' Liability Coverage form on file with the lowa Workers'Compensation Insurance
Commissioner, as required by lowa Code Section 87.22. Completed form must be attached.
D) UMBRELLA/EXCESS LIABILITY $1,000,000
The General Liability,Automobile Liability and Employer's Liability Insurance requirements may be
satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or
Excess Insurance policy does not follow the form of the primary policies, it shall include the same
endorsements as required of the primary policies including but not limited to Waiver of Subrogation
and Primary and Non-contributory in favor of the City.
E) PROFESSIONAL LIABILITY $2,000,000
If the required policy provides claims-made coverage:
1) The Retroactive Date must be shown and must be before the date of the agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at least five(5)
years after completion of the work or services.
3) If coverage is canceled or non-renewed and not replaced with another claims-made policy
form with a Retroactive Date prior to the date of the agreement, the contractor must provide
"extended reporting"coverage for a minimum of five(5)years after completion of the work or
services.
F) CYBER LIABILITY/BREACH $1,000,000
_Yes _No
Coverage for First and Third Party breach liability including but not limited to lost data and restoration,
loss of income and cyber breach of information.
Page 13 of 14
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Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule
may result in the waiver of the City's governmental immunities provided in lowa Code sec. 670.4. If you would like to
prese��e those immunities, please use this endorsement or an equivalent form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv.The insurer 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
govemmental 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 Coveraqe.The insurer further agrees that this policy of insurance shall cover only those claims not
subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists and as it may
be amended from time to time.Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms
and conditions of this insurance policy.
3. Assertion of Government Immunihr.The City of Dubuque, lowa shall be responsible for asserting any defense
of govemmental immuniry and may do so at any time and shall do so upon the timely written request of the insurer.
4. Non-Denial of Coveraqe.The insurer shall not deny coverage under this policy and the insurer shall not deny
any of the rights and benefits accruing to the Ciry of Dubuque, lowa under this policy for reasons of govemmental
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.
No Other Chanqe in Policy.The above preservation of governmental immunities shall not otherwise change or alter the
coverage available under the policy.
IME
PE N
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 14 of 14
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THE CITY OF
DTT City of Dubuque
V B E Dept: Parks & Recreation
Master��iece on tlle Mississippi 50 W. 13t" Street
Dubuque, lA 52001
Phone #563-589-4263
CITY OF DUBUQUE, IOWA
SHORT FORM
VENDOR SERVICE AGREEMENT
THIS VENDOR SERVICE AGREEMENT (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
Communication Engineering Company (Vendor) at
(Vendor Name)
4099 McDonald Drive, Dubuque, IA. 52003
(Vendor Address - City and State)
PROJECT TITLE: Grand River Center- Firewall Replacement
(Project)
For and in consideration of the mutual covenants herein contained, the parties hereto agree as
follows:
VENDOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for:
the replacement/upgrade of the facilities firewall system
As per the scope outlined in CEC Quote 54139 v4
The work described above shall be completed at the following location(s):
Grand River Center
The Project shall be completed in strict accordance with the terms as described in this Contract;
in strict accordance with the requirements of the laws of the State of lowa and ordinances of the
City of Dubuque, just as much as if the detailed statements thereof were repeated herein.
Page 1 of 14
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2. Contract Documents shall mean and include the following where applicable:
Documents listed in bold should be attached to this document upon submission.
• Request for Proposal (or procurement documentation)
• This Contract;
• Ordinances and resolutions heretofore adopted by the City Council having to do with this
Project;
• The Vendor's Proposal;
• Plans and Specifications;
• General Requirements as adopted by the City Council for the Project;
• Terms and Conditions (Exhibit A); and
• Insurance Schedule G for Vendors (Exhibit B) or Insurance Schedule J for
Professional Services (Exhibit C).
Check Appropriate Box
❑ Insurance Schedule G — Vendors
0 Insurance Schedule J — Professional Services
• Other:
3. All materials used by the Vendor on this Project shall be of the quality required by the Contract
Documents and shall be put in place in accordance with the Contract Documents.
4. The Vendor shall remove any materials rejected by the City Manager as defective or improper,
or any of said work condemned as unsuitable or defective, and the same shall be replaced or
done anew to the satisfaction of the City Manager at the cost and expense of the Vendor.
5. The Vendor has read and understands the Contract Documents and has examined and
understands the project description described in Section 1 of this Agreement and any attached
Special Conditions herein referred to and agrees not to plead misunderstanding or deception
because of estimates of quantity, character, location or other conditions surrounding the same.
6. The Vendor shall fully complete the Project under this Contract on or before
(DATE)
7. Indemnification; Liability for City Damage
A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the
City from and against all claims, damages, losses and expenses, including but not limited to
attorneys'fees, arising out of or resulting from perFormance of the Contract, provided that such
claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or
injury to or destruction of property (other than the Project itself) including Ioss of use resulting
therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of
the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by
the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or
the Contractor's subcontractor may be liable, regardless of whether or not such claim,
damage, loss or expense is caused in part by a party indemnified hereunder.
Page 2 of 14
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B. The Contractor shall also be liable to the City for any damage to City property arising out of
or related to the Contractor's negligent performance of the Contract.
8. Prior to the commencement of any work on this Project and at all times during the performance
of this Contract, the Vendor shall provide evidence of insurance which meets the requirements
of the City's Insurance Schedule G or Insurance Schedule J attached to this Contract.
Check Appropriate Box
❑ Insurance Schedule G —Vendors
� Insurance Schedule J — Professional Services
9. The Vendor agrees that no work under this Contract shall commence until the City has authorized
said work in writing. Any work started by the Vendor prior the City authorization shall be
considered unauthorized and done at the sole risk to the Vendor.
10. Vendor will comply with all federal, state, and local laws and regulations in the performance of
this Contract.
11. The City may terminate this Contract with or without cause upon fourteen (14)days' written notice
delivered to the Vendor.
12. This Contract shall be governed by the laws of the State of 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.
THE CITY AGREES:
Upon the completion of this Contract, and the acceptance of the Project by the City Manager,
the City agrees to pay the Vendor as full compensation for the complete performance of this Contract,
the amount stated below, less any agreed damages provided for in the Contract Documents.
CONTRACT AMOUNT $ 47,604.92
CITY OF DUBUQUE, IOWA VENDOR:
By: � !� 4/29/26 Communications Engineering Company
Michael C. Van Milligen Date Company Name
City Manager
B�/: Greg Becker e��. "°"°'"°'"�'"° o4i2s/2o2s
Signature Date
Greg Becker
Printed Name
VP of Finance
Title
Page 3 of 14
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VENDOR ACKNOWLEDGEMENT OF
ATTACHED SPECIAL CONDITIONS:
By:
Signature Date
Printed Name
Title
Page 4 of 14
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EXHIBIT A
TERMS AND CONDITIONS
The following Terms and Conditions apply to City of Dubuque Transactions:
1. The City of Dubuque is exempt from federal excise tax and lowa sales tax.
2. The City of Dubuque will not be responsible for payment for any goods delivered without a
purchase order.
3. The vendor will send a separate invoice for each purchase order number. All invoices,
packages, shipping notices, or the like affecting the order shall contain the applicable
purchase order number. The vendor is to submit original invoice to the address shown in the
SHIP TO section on the front of this order.
4. No freight or packing charges will be allowed by the City of Dubuque unless specifically
authorized.
5. It is understood by the vendor that the cash discount period to the City of Dubuque will date
from the receipt of the invoice or from the date of the receipt of the goods, whichever is later.
6. The risk of loss of and damage to the goods which are the subject of this order, regardless of
the F.O.B. point, is and will remain with the vendor until the goods are delivered to the
destination set out in the order and accepted by the City of Dubuque or the authorized City of
Dubuque representative.
7. In the event of the vendor's failure to deliver as and when specified, or to perForm as and
when specified, the City of Dubuque reserves the right to cancel this order, or any part thereof,
without prejudice to its other rights, and the vendor agrees that the City of Dubuque may return
part or all of any shipment so made and may charge the vendor with any loss expense
sustained as a result of such failure to deliver or to perform.
8. In the event any article, service, or process sold, delivered and/or performed hereunder is
covered by any patent, copyright, or application for either, the vendor will indemnify and save
harmless the City of Dubuque from any and all loss, cost, or expenses on account of any and
all claims, suits, or judgments on account of the use or sale of such article or the use of such
service or process in violation of such patent, copyright or application for either.
9. In the event any article, service, or process sold and delivered or sold and performed
hereunder is defective in any respect whatsoever, the vendor will indemnify and save
harmless the City of Dubuque from all loss or the payment of all sums of money by reason of
all accidents, injuries or damages to person or property that may happen or occur in
connection with the use or sale of such article, or process and are contributed to by said
defective condition.
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10.The vendor agrees not to release any advertising copy mentioning the City of Dubuque or
quoting the opinion of any City of Dubuque employee without the prior written authorization
from the City of Dubuque.
11.The vendor represents and warrants that no federal or state statute or regulation, or local
municipal ordinance has been or will be violated in the manufacturing, sale and delivery
hereunder. If such violation has or does occur, the vendor will indemnify and save harmless
the City of Dubuque from all loss, penalties, or payment of all sums of money on account of
such violation.
12.The City of Dubuque may at any time insist upon strict compliance with these terms and
conditions notwithstanding any previous custom, practice, or course of dealing to the contrary.
13.The terms and conditions of sale as stated in this order govern in the event of conflict with any
terms of the vendor's proposal, and are not subject to change by reason of any written or
verbal statements by the vendor or by any terms stated in the vendor's acknowledgement
unless same be accepted in writing by the City of Dubuque.
14.Current Safety Data Sheets (SDS), when applicable to the order, must be provided by the
vendor in accordance with all regulations.
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EXHIBIT B
INSURANCE SCHEDULE G
1. Vendor shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the coverage required in
Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD
form approved by the lowa Insurance Division or an equivalent. Each certificate shall include a statement
under Description of Operations as to why the certificate was issued. Vendor Service Agreement dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all
insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The service provider shall be required to carry the minimum coverage/limits, or greater if required by law or
other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a
waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement.
6. All required endorsements shall be attached to the certificate. The certificate is due before the
contract/agreement can be approved.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent
form is approved by the Director of Finance and Budget. The service provider must identify or list in writing all
deviations and exclusions from the ISO form.
8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this
agreement's required limits.
9. Vendor shall require all subcontractors and sub-subcontractors to obtain and maintain during the performance
of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of
insurance from all such subcontractors and sub-subcontractors. Vendor agrees that it shall be liable for the
failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage. The City may request a
copy of such certificates from the Vendor.
10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other
costs associated with the insurance policies required below.
11. All certificates of insurance must include agents name, phone number, and email address.
12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, required by this Schedule at any time.
13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the
risk or other special circumstances during the term of the agreement, subject to written mutual agreement
attached hereto.
Page 7 of 14
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INSURANCE SCHEDULE G (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general liability
coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00
02. All deviations from the standard ISO commercial general liability form CG 00 01, or
Business owners form BP 00 02, shall be clearly identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement (Sample attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its employees and
volunteers, all its boards, commissions and/or authorities and their board members,
employees and volunteers. Use ISO form CG 20 10 (Ongoing operations)or its
equivalent.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
7) Policy shall include cancellation and material change endorsement providing thirty (30) days
advance written notice of cancellation, non-renewal, reduction in insurance coverage and/or
limits and ten (10)days written notice of non-payment of premium shall be sent to: City of
Dubuque Finance Department, 50 West 13th Street Dubuque, lowa 52001.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by
lowa Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by lowa Code Section 85.1A, the Vendor is not required to purchase Workers' Compensation
Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or
Employers' Liability Coverage form on file with the lowa Workers' Compensation Insurance
Commissioner, as required by lowa Code Section 87.22. Completed form must be attached.
Page 8 of 14
Page 214 of 890
INSURANCE SCHEDULE G (continued)
C) POLLUTION LIABILITY
Coverage required: _Yes _No
Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any
pollution exposure for abatement of hazardous or contaminated materials including, but not limited to,
petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed
operations coverage shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its employees and
volunteers, all its boards, commissions and/or authorities and their board members,
employees and volunteers. Use ISO form CG 20 10. (Ongoing operations)or its
equivalent and CG 20 37(competed operations).
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
5) Include endorsement indicating that coverage is primary and non-contributory.
6) Policy shall include waiver of right to recovery from others endorsement.
D) PROFESSIONAL LIABILITY $1,000,000
Coverage required: _Yes _No
If the required policy provides claims-made coverage:
1) The Retroactive Date must be shown and must be before the date of the agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at least five (5)
years after completion of the work or services.
3) If coverage is canceled or non-renewed and not replaced with another claims-made policy
form with a Retroactive Date prior to the date of the agreement, the contractor must provide
"extended reporting"coverage for a minimum of five (5)years after completion of the work or
services.
E) CYBER LIABILITY/BREACH $1,000,000
Coverage required: _Yes _No
Coverage for First and Third Party breach liability including but not limited to lost data and restoration,
loss of income and cyber breach of information.
F) UMBRELLA/EXCESS $1,000,000
Coverage required: _Yes _No
The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be
satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or
Excess Insurance policy does not follow the form of the primary policies, it shall include the same
endorsements as required of the primary policies including but not limited to Waiver of Subrogation
and Primary and Non-contributory in favor of the City.
Page 9 of 14
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Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule
may result in the waiver of the City's governmental immunities provided in lowa Code sec. 670.4. If you would like to
preserve those immunities, please use this endorsement or an equivalent form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv. The insurer 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 Coveraqe. The insurer further agrees that this policy of insurance shall cover only those claims not
subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists and as it may
be amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms
and conditions of this insurance policy.
3. Assertion of Government Immunitv. 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 insurer.
4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer shall not deny
any of the rights and benefits accruing to the City of Dubuque, 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.
No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or alter the
coverage available under the policy.
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 10 of 14
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EXHIBIT C
INSURANCE SCHEDULE J
1. shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the
coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is
longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each
project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by
the lowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each
certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg:
Project# or Project Location at or construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all
insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these
requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered
a material breach of this agreement.
5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the
performance of work insurance for the coverages described in this Insurance Schedule and shall obtain
certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they
shall be liable for the failure of a subconsultant and sub-subconsultant to obtain and maintain such coverages.
The City may request a copy of such certificates from the Contractor.
6. All required endorsements shall be attached to the certificate. The certificate is due before the
contract/agreement can be approved.
7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent
form may be substituted if approved by the Director of Finance and Budget and subject to the contractor
identifying and listing in writing all deviations and exclusions from the ISO form.
8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal
agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits then
the provider's limits shall be this agreemenYs required limits.
9. Contractor shall be responsible for deductibles and self-insured retention for payment of all policy premiums
and other cost associated with the insurance policies required below.
10. All certificates of insurance must include agents name, phone number, and email address.
11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, required by this Schedule at any time.
12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the
risk or other special circumstances during the term of the agreement, subject to written mutual agreement
attached hereto.
Page 11 of 14
Page 217 of 890
INSURANCE SCHEDULE J (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general liability
coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00
02. All deviations from the standard ISO commercial general liability form CG 00 01, or
business owners form BP 00 02, shall be clearly identified.
2) Include endorsement indicating that coverage is primary and non-contributory.
3) Include Preservation of Governmental Immunities Endorsement. (Sample attached).
4) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its employees and
volunteers, all its boards, commissions and/or authorities and their board members,
employees and volunteers. Use ISO form CG 20 26.
5) Policy shall include Waiver of Right to Recover from Others endorsement.
6) Policy shall include cancellation and material change endorsement providing thirty (30) days
advance written notice of cancellation, non-renewal, reduction in insurance coverage and/or
limits and ten (10) days written notice of non-payment of premium shall be sent to: City of
Dubuque Finance Department, 50 West 13'h Street Dubuque, lowa 52001.
B) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned, and hired vehicles. If the Contractor's business does
not own any vehicles, coverage is required on non-owned and hired vehicles.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by
lowa Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
Page 12 of 14
Page 218 of 890
If, by lowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation
Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or
Employers' Liability Coverage form on file with the lowa Workers' Compensation Insurance
Commissioner, as required by lowa Code Section 87.22. Completed form must be attached.
D) UMBRELLA/EXCESS LIABILITY $1,000,000
The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be
satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or
Excess Insurance policy does not follow the form of the primary policies, it shall include the same
endorsements as required of the primary policies including but not limited to Waiver of Subrogation
and Primary and Non-contributory in favor of the City.
E) PROFESSIONAL LIABILITY $2,000,000
If the required policy provides claims-made coverage:
1) The Retroactive Date must be shown and must be before the date of the agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at least five (5)
years after completion of the work or services.
3) If coverage is canceled or non-renewed and not replaced with another claims-made policy
form with a Retroactive Date prior to the date of the agreement, the contractor must provide
"extended reporting"coverage for a minimum of five (5)years after completion of the work or
services.
F) CYBER LIABILITY/BREACH $1,000,000
_Yes _No
Coverage for First and Third Party breach liability including but not limited to lost data and restoration,
loss of income and cyber breach of information.
Page 13 of 14
Page 219 of 890
Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule
may result in the waiver of the City's governmental immunities provided in lowa Code sec. 670.4. If you would like to
preserve those immunities, please use this endorsement or an equivalent form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv. The insurer 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 Coveraqe. The insurer further agrees that this policy of insurance shall cover only those claims not
subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists and as it may
be amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms
and conditions of this insurance policy.
3. Assertion of Government Immunitv. 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 insurer.
4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer shall not deny
any of the rights and benefits accruing to the City of Dubuque, 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.
No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or alter the
coverage available under the policy.
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 14 of 14
Page 220 of 890
Dubuque
THE CITY Of �
DUB E I I
' ll '
20074012•2013
Mnsteryiece on tl�e Mississiypi Zoi�•zoi9
City of Dubuque
53 Department
949 Kerper Blvd
(address)
Dubuque, lA 52001
Phone # 563-690-6463
CITY OF DUBUQUE, IOWA
SHORT FORM
VENDOR SERVICE AGREEMENT
THIS VENDOR SERVICE AGREEMENT (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
(Vendor) at RaCom
(Vendor Name)
201 West State St. Marshalltown, IA 50158
(Vendor Address - City and State)
PROJECT TITLE: Camera Replacement for Transportation Services
(Project)
For and in consideration of the mutual covenants herein contained, the parties hereto
agree as follows:
VENDOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for:
Camera Replacement for Transportation Services
The work described above shall be completed at the following location(s):
5th Street Ramp, Central Ramp, Five Flags Ramp, Locust Ramp, POD Ramp, JFK Transfer(ARC)
JOTC, Intermodal Facility
The Project shall be completed in strict accordance with the terms as described in this
Contract; in strict accordance with the requirements of the laws of the State of lowa
Page 1 of 20 Page 221 of 890
and ordinances of the City of Dubuque, just as much as if the detailed statements
thereof were repeated herein.
2. Contract Documents shall mean and include the following WHERE APPLICABLE:
Documents listed in bold should be attached to this document upon submission.
• Request for Proposal (or procurement documentation)
• This Contract;
• Ordinances and resolutions heretofore adopted by the City Council having to
do with this Project;
• The Vendor's Proposal;
• Plans and Specifications;
• General Requirements as adopted by the City Council for the Project;
• Terms and Conditions (Exhibit A); and
• INSURANCE — Please include one applicable Insurance Schedule:
o Insurance Schedule F for General Artisan or Trade Contractors or
Subcontractors (Exhibit B)
o Insurance Schedule G for Vendors (Exhibit C)
o Insurance Schedule J for Professional Services (Exhibit D)
Check Appropriate Box
❑ Insurance Schedule F — General Artisan or Trade Contractors or
Subcontractors
� Insurance Schedule G —Vendors
❑ Insurance Schedule J — Professional Services
• Other:
3. All materials used by the Vendor on this Project shall be of the quality required by the
Contract Documents and shall be put in place in accordance with the Contract
Documents.
4. The Vendor shall remove any materials rejected by the City Manager as defective or
improper, or any of said work condemned as unsuitable or defective, and the same
shall be replaced or done anew to the satisfaction of the City Manager at the cost and
expense of the Vendor.
5. The Vendor has read and understands the Contract Documents and has examined
and understands the project description described in Section 1 of this Agreement and
any attached Special Conditions herein referred to and agrees not to plead
misunderstanding or deception because of estimates of quantity, character, location
or other conditions surrounding the same.
6. The Vendor shall fully complete the Project under this Contract on or before
6/30/2026 (date)
Page 2 of 20 Page 222 of 890
7. Indemnification; Liability for City Damage
A. To the fullest extent permitted by law, the Contractor shall indemnify and hold
harmless the City from and against all claims, damages, losses and expenses,
including but not limited to attorneys' fees, arising out of or resulting from
performance of the Contract, provided that such claim, damages, loss or expense
is attributable to bodily injury, sickness, disease or death, or injury to or destruction
of property (other than the Project itself) including loss of use resulting therefrom,
but only to the extent caused in whole or in part by negligent acts or omissions of
the Contractor, the Contractor's subcontractor, or anyone directly or indirectly
employed by the Contractor or the Contractor's subcontractor or anyone for whose
acts the Contractor or the Contractor's subcontractor may be liable, regardless of
whether or not such claim, damage, loss or expense is caused in part by a party
indemnified hereunder.
B. The Contractor shall also be liable to the City for any damage to City property
arising out of or related to the Contractor's negligent perFormance of the Contract.
8. Prior to the commencement of any work on this Project and at all times during the
performance of this Contract, the Vendor shall provide evidence of insurance which
meets the requirements of the City's Insurance Schedule as indicated above and
attached hereto.
9. The Vendor agrees that no work under this Contract shall commence until the City has
authorized said work in writing. Any work started by the Vendor prior the City
authorization shall be considered unauthorized and done at the sole risk to the
Vendor.
10. Vendor will comply with all federal, state, and local laws and regulations in the
performance of this Contract.
11. The City may terminate this Contract with or without cause upon fourteen (14) days'
written notice delivered to the Vendor.
12. This Contract shall be governed by the laws of the State of 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.
Page 3 of 20 Page 223 of 890
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 $ 166,478.79
CITY OF DUBUQUE, IOWA VENDOR:
BY� � �/ 4/29/26 Racom
ichael C. Van Milligen Date Company Name
City Manager
g�/: ,A� j��t 4/29/2026
Signature Date
Alec Metz
Printed Name
Service Manager
Title
Page 4 of 20 Page 224 of 890
EXHIBIT A
TERMS AND CONDITIONS
The following Terms and Conditions apply to City of Dubuque Transactions:
1. The City of Dubuque is exempt from federal excise tax and lowa sales tax.
2. The City of Dubuque will not be responsible for payment for any goods delivered
without a purchase order.
3. The vendor will send a separate invoice for each purchase order number. All
invoices, packages, shipping notices, or the like affecting the order shall contain
the applicable purchase order number. The vendor is to submit original invoice to
the address shown in the SHIP TO section on the front of this order.
4. No freight or packing charges will be allowed by the City of Dubuque unless
specifically authorized.
5. It is understood by the vendor that the cash discount period to the City of Dubuque
will date from the receipt of the invoice or from the date of the receipt of the goods,
whichever is later.
6. The risk of loss of and damage to the goods which are the subject of this order,
regardless of the F.O.B. point, is and will remain with the vendor until the goods
are delivered to the destination set out in the order and accepted by the City of
Dubuque or the authorized City of Dubuque representative.
7. In the event of the vendor's failure to deliver as and when specified, or to perForm
as and when specified, the City of Dubuque reserves the right to cancel this order,
or any part thereof, without prejudice to its other rights, and the vendor agrees that
the City of Dubuque may return part or all of any shipment so made and may
charge the vendor with any loss expense sustained as a result of such failure to
deliver or to perform.
8. In the event any article, service, or process sold, delivered and/or performed
hereunder is covered by any patent, copyright, or application for either, the vendor
will indemnify and save harmless the City of Dubuque from any and all loss, cost,
or expenses on account of any and all claims, suits, or judgments on account of
the use or sale of such article or the use of such service or process in violation of
such patent, copyright or application for either.
9. In the event any article, service, or process sold and delivered or sold and
performed hereunder is defective in any respect whatsoever, the vendor will
indemnify and save harmless the City of Dubuque from all loss or the payment of
all sums of money by reason of all accidents, injuries or damages to person or
property that may happen or occur in connection with the use or sale of such
article, or process and are contributed to by said defective condition.
Page 5 of 20 Page 225 of 890
10.The vendor agrees not to release any advertising copy mentioning the City of
Dubuque or quoting the opinion of any City of Dubuque employee without the prior
written authorization from the City of Dubuque.
11.The vendor represents and warrants that no federal or state statute or regulation,
or local municipal ordinance has been or will be violated in the manufacturing, sale
and delivery hereunder. If such violation has or does occur, the vendor will
indemnify and save harmless the City of Dubuque from all loss, penalties, or
payment of all sums of money on account of such violation.
12.The City of Dubuque may at any time insist upon strict compliance with these terms
and conditions notwithstanding any previous custom, practice, or course of dealing
to the contrary.
13.The terms and conditions of sale as stated in this order govern in the event of
conflict with any terms of the vendor's proposal, and are not subject to change by
reason of any written or verbal statements by the vendor or by any terms stated in
the vendor's acknowledgement unless same be accepted in writing by the City of
Dubuque.
14.Current Safety Data Sheets (SDS), when applicable to the order, must be provided
by the vendor in accordance with all regulations.
Page 6 of 20 Page 226 of 890
EXHIBIT B
INSURANCE SCHEDULE F
Class A:
Asbestos Removal Fiber Optics Sanitary Sewers
Asphalt Paving Fire Protection Sheet Metal
Concrete Fireproofing Site Utilities
Construction Managers General Contractors Shoring
Cranes HVAC Special construction
Culverts Mechanical Steel
Decking Paving & Surfacing Storm sewers
Demolition Piles & Caissons Structural Steel
Deconstruction Plumbing Trails
Earthwork Retaining Walls Tunneling
Electrical Reinforcement Water main
Elevators Roofing
Class B:
Chemical Spraying Landscaping Rough Carpentry
Doors, Window & Masonry Stump Grinding
Glazing Vehicular Snow Removal Tank Coating
Drywall Systems Painting &Wall Covering Tree Removal
Fertilizer Application Pest Control Tree Trimming
Geotech Boring Scaffolding Tuckpointing
Insulation Sidewalks Waterproofing
Finish Carpentry Plastering Well Drilling
Class C:
Carpet Cleaning
Carpet& Resilient
Flooring
Caulking & Sealants
Acoustical Ceiling
Filter Cleaning
General Cleaning
Grass Cutting
Janitorial
Non Vehicular Snow &
Ice Removal
Office Furnishings
Power Washing
Tile &Terrazzo Flooring
Window Washing
Page 7 of 20 Page 227 of 890
INSURANCE SCHEDULE F (continued)
1. Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the
coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer
than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with
the final billing. Each certificate shall be prepared on the most current ACORD form approved by the lowa
Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The
certificate must clearly indicate the project number, project name, or project description for which it is being
provided Eg: Project# Project name: or Project Location at
or construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all
insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide.
3. Each Certificate required shall be furnished to the Department of the City of Dubuque.
4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of these
requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a
material breach of this contract.
5. Contractor shall require all subcontractors and sub-subcontractors to obtain and maintain during the performance
of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of
insurance from all such subcontractors and sub-subcontractors. Contractor agrees that it shall be liable for the
failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage. The City may request a
copy of such certificates from the Contractor.
6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement
can be approved.
7. Whenever an ISO form is referenced the current edition must be provided.
8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other legal
agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are higher than the required
minimum limit, then the contractor's limits shall be this agreemenYs required limits.
9. Contractor shall be responsible for deductibles and self-insured retention for payment of all policy premiums and
other cost associated with the insurance policies required below.
10. All certificates of insurance must include agents name, phone number, and email address.
11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, required by this Schedule at any time.
12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the
risk or other special circumstances during the term of the contract, subject to written mutual agreement attached
hereto.
Page 8 of 20
Page 228 of 890
INSURANCE SCHEDULE F (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $2,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general liability
coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02.
All deviations from the standard ISO commercial general liability form CG 00 01 or business
owners form BP 00 02 shall be clearly identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate LimiY' or
CG 25 03 "Designated Construction Project(s) General Aggregate LimiY' as appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement. (Sample attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its employees,
agents, and volunteers, all its boards, commissions and/or authorities and their board
members, employees, agents, and volunteers. Use ISO form CG 20 10 (Ongoing operations).
6) The additional insured endorsement shall include completed operations under ISO form CG 20
37 during the project term and for a period of two years after the completion of the project.
7) Policy shall include Waiver of Right to Recover from Others endorsement.
8) Policy shall include cancellation and material change endorsement providing thirty (30)days
advance written notice of cancellation, non-renewal, reduction in insurance coverage and/or limits
and ten (10)days written notice of non-payment of premium shall be sent to: City of Dubuque
Finance Department, 50 West 13th Street Dubuque, lowa 52001.
9) Contractor and subcontractor shall not use any drone without the prior written approval of the City
of Dubuque. Any drone usage must comply with above liability limits and the additional insured
endorsement must name the City of Dubuque with respect to aircraft liability coverage.
B) WORKERS' COMPENSATION 8� EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by lowa
Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by lowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation
Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or
Employers' Liability Coverage form on file with the lowa
Workers' Compensation Insurance Commissioner, as required by lowa Code Section 87.22. Completed
form must be attached.
Page 9 of 20
Page 229 of 890
C) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned, and hired vehicles. If the Contractor's business does not
own any vehicles, coverage is required on non-owned and hired vehicles.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
D) UMBRELLA/EXCESS LIABILITY
The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be
satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or
Excess Insurance policy does not follow the form of the primary policies, it shall include the same
endorsements as required of the primary policies including but not limited to Waiver of Subrogation and
Primary and Non-contributory in favor of the City.
All Class A contractors with contract values in excess of$10,000,000 must have umbrella/excess liability
coverage of$10,000,000.
All Class A and Class B contractors with contract values between $500,000 and $10,000,000 must have
umbrella/excess liability coverage of$3,000,000.
All Class A and B contractors with contract values less than $500,000 must have umbrella/excess liability
coverage of$1,000,000.
All Class C contractors are not required to have umbrella/excess liability coverage.
All contractors performing earth work must have a minimum of$3,000,000 umbrella regardless of the
contract value.
E) POLLUTION LIABILITY
Coverage required: _Yes _No
Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or
contaminated materials including, but not limited to, the removal of lead, asbestos, or PCB's. Pollution
product and complete operations coverage shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its employees,
agents, and volunteers, all its boards, commissions and/or authorities and their board
members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations)or its
equivalent and CG 20 37 (completed operations) or its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
5) Include endorsement indicating that coverage is primary and non-contributory.
6) Policy shall include waiver of right to recovery from others endorsement.
7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability-Broadened Coverage
for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel
onto the Owner's property.
F) RAILROAD PROTECTIVE LIABILITY
Coverage required: _Yes _No
Page 10 of 20
Page 230 of 890
Any contract for construction or demolition work on or within fifty feet(50')from the edge of the tracks of a
railroad and affecting any railroad bridge, trestle, tracks, roadbeds, tunnel, underpass, or crossing, for
which an easement, license or indemnification of the railroad is required, shall require evidence of the
following additional coverages.
Railroad Protective Liability:
$ each occurrence (per limits required by Railroad)
$ policy aggregate (per limits required by Railroad)
AND
An endorsement to the Commercial General Liability policy equal to ISO CG 24 17 (Contractual Liability-
Railroads). A copy of this endorsement shall be attached to the certificate of insurance.
Page 11 of 20
Page 231 of 890
lowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be
available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this
Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please
use this endorsement or an equivalent form. The preservation of immunities is for your benefit.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv. The insurer 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 Coveraqe. The insurer further agrees that this policy of insurance shall cover only those claims not subject
to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists and as it may be
amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms and
conditions of this insurance policy.
3. Assertion of Government Immunitv. 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 insurer.
4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer shall not deny any
of the rights and benefits accruing to the City of Dubuque, 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.
No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or alter the
coverage available under the policy.
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 12 of 20
Page 232 of 890
EXHIBIT C
INSURANCE SCHEDULE G
1. Vendor shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the coverage required in
Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form
approved by the lowa Insurance Division or an equivalent. Each certificate shall include a statement under
Description of Operations as to why the certificate was issued. Vendor Service Agreement dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all
insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The service provider shall be required to carry the minimum coverage/limits, or greater if required by law or other
legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of
such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement.
6. All required endorsements shall be attached to the certificate. The certificate is due before the contracUagreement
can be approved.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent
form is approved by the Director of Finance and Budget. The service provider must identify or list in writing all
deviations and exclusions from the ISO form.
8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this
agreemenYs required limits.
9. Vendor shall require all subcontractors and sub-subcontractors to obtain and maintain during the performance of
work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance
from all such subcontractors and sub-subcontractors. Vendor agrees that it shall be liable for the failure of a
subcontractor and sub-subcontractor to obtain and maintain such coverage. The City may request a copy of such
certificates from the Vendor.
10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other
costs associated with the insurance policies required below.
11. All certificates of insurance must include agents name, phone number, and email address.
12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, required by this Schedule at any time.
13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the
risk or other special circumstances during the term of the agreement, subject to written mutual agreement
attached hereto.
Page 13 of 20
Page 233 of 890
INSURANCE SCHEDULE G (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general liability
coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02.
All deviations from the standard ISO commercial general liability form CG 00 01, or Business
owners form BP 00 02, shall be clearly identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement (Sample attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its employees and
volunteers, all its boards, commissions and/or authorities and their board members,
employees and volunteers. Use ISO form CG 20 10 (Ongoing operations)or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
7) Policy shall include cancellation and material change endorsement providing thirty (30)days
advance written notice of cancellation, non-renewal, reduction in insurance coverage and/or limits
and ten (10)days written notice of non-payment of premium shall be sent to: City of Dubuque
Finance Department, 50 West 13th Street Dubuque, lowa 52001.
B) WORKERS' COMPENSATION 8� EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by lowa
Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by lowa Code Section 85.1A, the Vendor is not required to purchase Workers' Compensation
Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or
Employers' Liability Coverage form on file with the lowa Workers' Compensation Insurance
Commissioner, as required by lowa Code Section 87.22. Completed form must be attached.
Page 14 of 20
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INSURANCE SCHEDULE G (continued)
C) POLLUTION LIABILITY
Coverage required: _Yes _No
Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution
exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum
products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage
shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its employees and
volunteers, all its boards, commissions and/or authorities and their board members,
employees and volunteers. Use ISO form CG 20 10. (Ongoing operations)or its equivalent
and CG 20 37(competed operations).
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
5) Include endorsement indicating that coverage is primary and non-contributory.
6) Policy shall include waiver of right to recovery from others endorsement.
D) PROFESSIONAL LIABILITY $1,000,000
Coverage required: _Yes _No
If the required policy provides claims-made coverage:
1) The Retroactive Date must be shown and must be before the date of the agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at least five (5)
years after completion of the work or services.
3) If coverage is canceled or non-renewed and not replaced with another claims-made policy form
with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended
reporting" coverage for a minimum of five (5)years after completion of the work or services.
E) CYBER LIABILITY/BREACH $1,000,000
Coverage required: _Yes _No
Coverage for First and Third Party breach liability including but not limited to lost data and restoration,
loss of income and cyber breach of information.
F) UMBRELLA/EXCESS $1,000,000
Coverage required: _Yes _No
The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be
satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or
Excess Insurance policy does not follow the form of the primary policies, it shall include the same
endorsements as required of the primary policies including but not limited to Waiver of Subrogation and
Primary and Non-contributory in favor of the City.
Page 15 of 20
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lowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be
available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this
Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please
use this endorsement or an equivalent form. The preservation of immunities is for your benefit.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy
and the including of the City of Dubuque, 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 Coveraqe. The insurer further agrees that this policy of insurance shall cover only those claims not subject
to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists and as it may be
amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms and
conditions of this insurance policy.
3. Assertion of Government Immunitv. 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 insurer.
4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer shall not deny any
of the rights and benefits accruing to the City of Dubuque, 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.
No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or alter the
coverage available under the policy.
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
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EXHIBIT D
INSURANCE SCHEDULE J
1. shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the coverage
required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60
days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final
billing. Each certificate shall be prepared on the most current ACORD form approved by the lowa Department of
Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a
statement under Description of Operations as to why the certificate was issued. Eg: Project# or Project
Location at or construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all
insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these
requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a
material breach of this agreement.
5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the
performance of work insurance for the coverages described in this Insurance Schedule and shall obtain
certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall
be liable for the failure of a subconsultant and sub-subconsultant to obtain and maintain such coverages. The City
may request a copy of such certificates from the Contractor.
6. All required endorsements shall be attached to the certificate. The certificate is due before the contracUagreement
can be approved.
7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent
form may be substituted if approved by the Director of Finance and Budget and subject to the contractor
identifying and listing in writing all deviations and exclusions from the ISO form.
8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal
agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits then the
provider's limits shall be this agreemenYs required limits.
9. Contractor shall be responsible for deductibles and self-insured retention for payment of all policy premiums and
other cost associated with the insurance policies required below.
10. All certificates of insurance must include agents name, phone number, and email address.
11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, required by this Schedule at any time.
12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the
risk or other special circumstances during the term of the agreement, subject to written mutual agreement
attached hereto.
Page 17 of 20
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INSURANCE SCHEDULE J (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general liability
coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02.
All deviations from the standard ISO commercial general liability form CG 00 01, or business
owners form BP 00 02, shall be clearly identified.
2) Include endorsement indicating that coverage is primary and non-contributory.
3) Include Preservation of Governmental Immunities Endorsement. (Sample attached).
4) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its employees and
volunteers, all its boards, commissions and/or authorities and their board members, employees
and volunteers. Use ISO form CG 20 26.
5) Policy shall include Waiver of Right to Recover from Others endorsement.
6) Policy shall include cancellation and material change endorsement providing thirty (30)days
advance written notice of cancellation, non-renewal, reduction in insurance coverage and/or limits
and ten (10)days written notice of non-payment of premium shall be sent to: City of Dubuque
Finance Department, 50 West 13'h Street Dubuque, lowa 52001.
B) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned, and hired vehicles. If the Contractor's business does not
own any vehicles, coverage is required on non-owned and hired vehicles.
2) Policy shall include Waiver of Right to Recover from Others endorsement.
C) WORKERS' COMPENSATION 8� EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by lowa
Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by lowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation
Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or
Employers' Liability Coverage form on file with the lowa Workers' Compensation Insurance
Commissioner, as required by lowa Code Section 87.22. Completed form must be attached.
Page 18 of 20
Page 238 of 890
D) UMBRELLA/EXCESS LIABILITY $1,000,000
The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be
satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or
Excess Insurance policy does not follow the form of the primary policies, it shall include the same
endorsements as required of the primary policies including but not limited to Waiver of Subrogation and
Primary and Non-contributory in favor of the City.
E) PROFESSIONAL LIABILITY $2,000,000
If the required policy provides claims-made coverage:
1) The Retroactive Date must be shown and must be before the date of the agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at least five (5)
years after completion of the work or services.
3) If coverage is canceled or non-renewed and not replaced with another claims-made policy form
with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended
reporting" coverage for a minimum of five (5)years after completion of the work or services.
F) CYBER LIABILITY/BREACH $1,000,000
_Yes _ No
Coverage for First and Third Party breach liability including but not limited to lost data and restoration,
loss of income and cyber breach of information.
Page 19 of 20
Page 239 of 890
lowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be
available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this
Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please
use this endorsement or an equivalent form. The preservation of immunities is for your benefit.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv. The insurer 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 Coveraqe. The insurer further agrees that this policy of insurance shall cover only those claims not subject
to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists and as it may be
amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms and
conditions of this insurance policy.
3. Assertion of Government Immunitv. 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 insurer.
4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer shall not deny any
of the rights and benefits accruing to the City of Dubuque, 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.
No Other Chanqe in Policy. The above preservation of governmental immunities shall not otherwise change or alter the
coverage available under the policy.
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 20 of 20
Page 240 of 890
Dubuque
THE CITY OF �
DuB E ij�i�
2007•2012•2013
Me�sterpieee on the Mi�sissippi zoi�*zoi9
City of Dubuque
Parks and Recreation Department
2200 Bunker Hill Road
(address)
Dubuque, IA 52001
Phone # 563-589-4263
CITY OF DUBUQUE, IOWA
SHORT FORM
VENDOR SERVICE AGREEMENT
THIS VENDOR SERVICE AGREEMENT (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
(Vendor) at Fred Jackson Tuckpointing
(Vendor Name)
475 E.28th Street Dubuque,IA 52001-1941
(Vendor Address - City and State)
PROJECT TITLE: Tuckpointing and Masonry work
(Project)
For and in consideration of the mutual covenants herein contained, the parties hereto agree as
follows:
VENDOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for:
Tuck-pointing and Masonry Work
The work described above shall be completed at the following location(s):
Various City locations.
The Project shall be completed in strict accordance with the terms as described in this
Contract; in strict accordance with the requirements of the laws of the State of lowa and
ordinances of the City of Dubuque, just as much as if the detailed statements thereof were
repeated herein.
Page 1 of 19
Page 241 of 890
2. Contract Documents shall mean and inciude the following WHERE APPLICABLE:
Documents listed in bold should be attached to this document upon submission.
• Request for Proposal (or procurement documentation)
• This Contract;
• Ordinances and resolutions heretofore adopted by the City Council having to do with
this Project;
• The Vendor's Proposal;
• Plans and Specifications;
• General Requirements as adopted by the City Council for the Project;
• Terms and Conditions (Exhibit A); and
• INSURANCE— Please include one applicable Insurance Schedule:
o Insurance Schedule F for General Artisan or Trade Contractors or
Subcontractors (Exhibit B)
o Insurance Schedule G for Vendors (Exhibit C)
o Insurance Schedule J for Professional Services (Exhibit D)
Check Appropriate Box
� Insurance Schedule F—General Artisan or Trade Contractors or Subcontractors
❑ Insurance Schedule G—Vendors
❑ Insurance Schedule J — Professional Services
• Other:
3. All materials used by the Vendor on this Project shall be of the quality required by the Contract
Documents and shall be put in place in accordance with the Contract Documents.
4. The Vendor shall remove any materials rejected by the City Manager as defective or improper,
or any of said work condemned as unsuitable or defective, and the same shall be replaced or
done anew to the satisfaction of the City Manager at the cost and expense of the Vendor.
5. The Vendor has read and understands the Contract Documents and has examined and
understands the project description described in Section 1 of this Agreement and any attached
Special Conditions herein referred to and agrees not to plead misunderstanding or deception
because of estimates of quantity, character, location or other conditions surrounding the
same.
6. The Vendor shall fully complete the Project under this Contract on or before
June 30,2o2s (date)
7. Indemnification; Liability for City Damage
A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless
the City from and against all claims, damages, losses and expenses, including but not
limited to attorneys' fees, arising out of or resulting from performance of the Contract,
provided that such claim, damages, loss or expense is attributable to bodily injury,
sickness, disease or death, or injury to or destruction of property (other than the Project
itself) including loss of use resulting therefrom, but only to the extent caused in whole or
in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or
Page 2 of 19
Page 242 of 890
anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor
or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable,
regardless of whether or not such claim, damage, loss or expense is caused in part by a
party indemnified hereunder.
B. The Contractor shall also be liable to the City for any damage to City property arising out
of or related to the Contractor's negligent performance of the Contract.
� 8. Prior to the commencement of any work on this Project and at all times during the performance
of this Contract,the Vendor shall provide evidence of insurance which meets the requirements
of the City's Insurance Schedule as indicated above and attached hereto.
9. The Vendor agrees that no work under this Contract shall commence until the City has
authorized said work in writing. Any work started by the Vendor prior the City authorization
shall be considered unauthorized and done at the sole risk to the Vendor.
10. Vendor will comply with all federal, state, and local laws and regulations in the performance
of this Contract.
11. The City may terminate this Contract with or without cause upon fourteen (14) days' written
notice delivered to the Vendor.
12. This Contract shall be governed by the laws of the State of 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.
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$ 8,725.00
CITY OF DUBUQUE, IOWA VENDOR:
gy. �' 05/03/2026 �j f,, ����,jf�'��'
Date Comp ny Name
By: ���--- � �/��
i atu Date
�I�CC a'I �,��SOld+
Pri�nte —Name
�����
�tie
Page 3 of 19
Page 243 of 890
EXHIBIT A
TERMS AND CONDITIONS
The following Terms and Conditions apply to City of Dubuque Transactions:
1. The City of Dubuque is exempt from federal excise tax and lowa sales tax.
2. The City of Dubuque will not be responsible for payment for any goods delivered without
a purchase order.
3. The vendor will send a separate invoice for each purchase order number. All invoices,
packages, shipping notices, or the like affecting the order shall contain the applicable
purchase order number. The vendor is to submit original invoice to the address shown in
the SHIP TO section on the front of this order.
4. No freight or packing charges will be allowed by the City of Dubuque unless specifically
authorized.
5. It is understood by the vendor that the cash discount period to the City of Dubuque will
date from the receipt of the invoice or from the date of the receipt of the goods, whichever
is later.
6. The risk of loss of and damage to the goods which are the subject of this order, regardless
of the F.O.B. point, is and will remain with the vendor until the goods are delivered to the
destination set out in the order and accepted by the City of Dubuque or the authorized
City of Dubuque representative.
7. In the event of the vendor's failure to deliver as and when specified, or to perform as and
when specified, the City of Dubuque reserves the right to cancel this order, or any part
thereof, without prejudice to its other rights, and the vendor agrees that the City of
Dubuque may return part or all of any shipment so made and may charge the vendor with
any loss expense sustained as a result of such failure to deliver or to perForm.
8. In the event any article, service, or process sold, delivered and/or performed hereunder is
covered by any patent, copyright, or application for either, the vendor will indemnify and
save harmless the City of Dubuque from any and all loss, cost, or expenses on account
of any and all claims, suits, or judgments on account of the use or sale of such article or
the use of such service or.process in violation of such patent, copyright or application for
either.
9. In the event any article, service, or process sold and delivered or sold and performed
hereunder is defective in any respect whatsoever, the vendor will indemnify and save
harmless the City of Dubuque from all loss or the payment of all sums of money by reason
of all accidents, injuries or damages to person or property that may happen or occur in
connection with the use or sale of such article, or process and are contributed to by said
defective condition.
1 Q. The vendor agrees not to release any advertising copy mentioning the City of Dubuque or
quoting the opinion of any City of Dubuque employee without the prior written authorization
from the City of Dubuque.
11. The vendor represents and warrants that no federal or state statute or regulation, or local
,
municipal ordinance has been or will be violated in the manufacturing, sale and delivery
Page 4 of 19
Page 244 of 890
hereunder. If such violation has or does occur, the vendor will indemnify and save
harmiess the City of Dubuque from all loss, penalties, or payment of all sums of money on
account of such violation.
12. The City of Dubuque may at any time insist upon strict compliance with these terms and
conditions notwithstanding any previous custom, practice, or course of dealing to the
contrary.
13. The terms and conditions of sale as stated in this order govern in the event of conflict with
any terms of the vendor's proposal, and are not subject to change by reason of any written
or verbal statements by the vendor or by any terms stated in the vendor's
acknowledgement unless same be accepted in writing by the City of Dubuque.
14. Current Safety Data Sheets (SDS), when applicable to the order, must be provided by the
vendor in accordance with all regulations.
Page 5 of 19
Page 245 of 890
EXHIBIT B
INSURANCE SCHEDULE F
Class A:
Asbestos Removal Fiber Optics Sanitary Sewers
Asphalt Paving Fire Protection Sheet Metal
Concrete Fireproofing Site Utilities
Construction Managers General Contractors Shoring
Cranes HVAC Special construction
Culverts Mechanical Steel
Decking Paving &Surfacing Storm sewers
Demolition Piles& Caissons Structural Steel
Deconstruction Plumbing Trails
Earthwork Retaining Walls Tunneling
Electrical Reinforcement Water main
Elevators Roofing
Class B:
Chemical Spraying Landscaping Rough Carpentry
Doors,Window& Masonry Stump Grinding
Glazing Vehicular Snow Removal Tank Coating
Drywall Systems Painting&Wall Covering Tree Removal
Fertilizer Application Pest Control Tree Trimming
Geotech Boring Scaffolding Tuckpointing
Insulation Sidewalks Waterproofing
Finish Carpentry Plastering Well Drilling
Class C:
Carpet Cleaning
Carpet&Resilient
Flooring
Caulking&Sealants
Acoustical Ceiling
Filter Cleaning
General Cleaning
Grass Cutting
Janitorial
Non Vehicular Snow&
Ice Removal
Office Furnishings
Power Washing
Tile&Terrazzo Flooring
Window Washing
1
Page 6 of 19
Page 246 of 890
INSURANCE SCHEDULE F (continued)
1. Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the
coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer
than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with
the final billing. Each certificate shall be prepared on the most current ACORD form approved by the lowa
Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee.The
certificate must clearly indicate the project number, project name, or project description for which it is being
provided Eg: Project# Project name: Tuckpointing and Masonry Work or Project Location at
or construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all
insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each Certificate requi.red shall be furnished to the ParksandRecreation Department of the City of Dubuque.
4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of these
requirements by the City of Dubuque. Failure to obtain or maintain the required�insurance shall be considered a
material breach of this contract.
� 5. Contractor shall require all subcontractors and sub-subcontractors to obtain and maintain during the performance
of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of
insurance from all such subcontractors and sub-subcontractors. Contractor agrees that it shall be liable for the
failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage.The City may request a
copy of such certificates from the Contractor.
6. All required endorsements shall be attached to the certificate.The certificate is due before the contract/agreement
can be approved.
7. Whenever an ISO form is referenced the current edition must be provided.
8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other legal
agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are higher than the required
minimum limit, then the contractor's limits shall be this agreemenYs required limits.
9. Contractor shall be responsible for deductibles and self-insured retention for payment of all policy premiums and
other cost associated with the insurance policies required below.
10. All certificates of insurance must include agents name, phone number, and email address.
11. The City of Dubuque reserves the right to require complete, certified copies of all�required insurance policies,
including endorsements, required by this Schedule at any time.
12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the
risk or other special circumstances during the term of the contract,subject to written mutual agreement attached
hereto.
Page 7 of 19
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INSURANCE SCHEDULE F (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $2,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made,form.The general liability
coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02.
All deviations from the standard ISO commercial general liability form CG 00 01 or business
owners form BP 00 02 shall be clearly identified.
2) Include 150 endorsement form CG 25 04"Designated Location(s)General Aggregate Limit"or
CG 25 03"Designated Construction Project(s)General Aggregate LimiY'as appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement. (Sample attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its employees,
agents, and volunteers, all its boards, commissions and/or authorities and their board
members, employees, agents, and volunteers. Use ISO form CG 20 10(Ongoing operations).
6) The additional insured endorsement shall include completed operations under ISO form CG 20
37 during the project term and for a period of two years after the completion of the project.
7) Policy shall include Waiver of Right to Recover from Others endorsement.
8) Policy shall include cancellation and material change endorsement providing thirty(30)days
advance written notice of cancellation, non-renewal, reduction in insurance coverage and/or limits
and ten (10)days-written notice of non-payment of premium shall be sent to: City of Dubuque
Finance Department, 50 West 13th Street Dubuque, lowa 52001.
9) Contractor and subcontractor shall not use any drone without the prior written approval of the City
of Dubuque. Any drone usage must comply with above liability limits and the additional insured
endorsement must name the City of Dubuque with respect to aircraft liability coverage.
B) WORKERS' COMPENSATION �EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by lowa
Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by lowa Code Section 85.1A, the Contractor is not required to purchase Workers'Compensation
Insurance,the Contractor shall have a copy of the State's Nonelection of Workers'Compensation or
Employers' Liability Coverage form on file with the lowa
Workers' Compensation Insurance Commissioner, as required by lowa Code Section 87.22. Completed
form must be attached.
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C) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned, and hired vehicles. If the Contractor's business does not
own any vehicles, coverage is required on non-owned and hired vehicles.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
D) UMBRELLA/EXCESS LIABILITY
The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be
satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or
Excess Insurance policy does not follow the form of the primary policies, it shall include the same
endorsements as required of the primary policies including but not Iimited to Waiver of Subrogation and
Primary and Non-contributory in favor of the City. -
All Class A contractors with contract values in excess of$10,000,000 must have umbrella/excess liability
coverage of$10,000,000.
All Class A and Class B contractors with contract values between $500,000 and$10,000,000 must have
umbrella/excess liability coverage of$3,000,000.
All Class A and B contractors with contract values less than $500,000 must h�ve umbrella/excess liability
coverage of$1,000,000. �
All Class C contractors are not required to have umbrella/excess liability coverage.
All contractors perForming earth work must have a minimum bf$3,000,000 umbrella regardless of the
contract value.
E) POLLUTION LIABILITY
Coverage required: _Yes X No
Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or
contaminated materials including, but not limited to, the removal of lead, asbestos, or PCB's. Pollution
product and complete operations coverage shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4;000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its employees,
agents, and volunteers, all its boards,commissions and/or authorities and their board
members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations)or its
equivalent and CG 20 37(completed operations}or its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
5) Include endorsement indicating that coverage is primary and non-contributory.
6) Policy shall include waiver of right to recovery from others endorsement.
7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability-Broadened Coverage
for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel
onto the Owner's property.
F) RAILROAD PROTECTIVE LIABILITY
Coverage required: _Yes X No
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Any contract for construction or demolition work on or within fifty feet(50')from the edge of the tracks of a
railroad and affecting any railroad bridge,trestle, tracks, roadbeds,tunnel, underpass, or crossing,for
which an easement, license or indemnification of the railroad is required, shall require evidence of the
following additional coverages.
Railroad Protective Liability:
$ each occurrence (per limits required by Railroad)
$ policy aggregate (per limits required by Railroad}
AND
An endorsement to the Commercial General Liability policy equal to ISO CG 24 17(Contractual Liability-
Railroads). A copy of this endorsement shall be attached to the certificate of insurance.
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lowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be
available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this
Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please
use this endorsement or an equivalent form.The preservation of immunities is for your benefit.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv. The insurer 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 Coveraqe.The insurer further agrees that this policy of insurance shall cover only those claims not subject
to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists and as it may be
amended from time to time.Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms and
conditions of this insurance policy.
3. Assertion of Government Immunitv. 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 insurer.
4. Non-Denial of Coveraae.The insurer shall not deny coverage under this policy and the insurer shall not deny any
of the rights and benefits accruing to the City of Dubuque, 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.
No Other Chanae in Policv. The above preservation of governmental immunities shall not otherwise change or alter the
coverage available under the policy.
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
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SERVICES AGREEMENT
This Services Agreement ("Agreement") is made effective as of ,
("Effective Date"), by and between FIRE RECOVERY USA, LLC, a California limited liability
company ("Company"), and Dubuque Fire Department, ("Client"). The Company and Client are
referred to herein individually as a "party" and collectively as the "parties."
RECITALS
WHEREAS, Company engages in the business of performing billing services ("Company
Services") for United States Fire Departments in connection with the motor vehicle incidents and
other emergency incidents at which the Client provides emergency services: and
WHEREAS, Client seeks the services of Company to assist with the billing for services
that Client provides in connection with motor vehicle incidents and other emergency incidents;
and
WHEREAS, Company and Client desire to enter into this Agreement to memorialize their
agreements regarding the Company Services to be provided to Client.
NOW, THEREFORE, in consideration of the mutual representations, warranties and
covenants set forth herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Company and Client agree as follows:
ARTICLE 1
ENGAGEMENT
1.1. Engagement: Client hereby engages Company to provide the Company Services
described in Article 4 herein, and Client hereby accepts such engagement, all on the terms and
conditions set forth herein. Company will determine the method, detail and means of performing
the services detailed below.
ARTICLE 2
REPRESENTATIONS AND WARRANTIES
2.1. Representations and Warranties of Company: Company hereby represents and
warrants to Client that, at all times during the term of this Agreement, Company is a limited liability
company duly organized, validly existing and in good standing under the laws of the State of
California.
2.2. Representations and Warranties of Client: Client hereby represents and warrants
to Company that, at all times during the term of this Agreement, Client is, or Governs, or Contracts
with an organized fire department established pursuant to the laws and ordinances of the state in
which Client is located.
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ARTICLE 3
COMPANY STATUS AND QUALIFICATIONS
3.1. Independent Contractor: Company enters into this Agreement, and will remain
throughout the term of the Agreement, as an independent contractor. Company agrees that it will
not become an employee, partner, agent or principal of Client while this Agreement is in effect.
3.2. Pavment of Income Taxes: Company is responsible for paying when due all
income taxes, including estimated taxes, incurred as a result of the compensation paid by Client
to Company for services rendered under this Agreement. On request, Company will provide Client
with proof of timely payment. Company agrees to indemnify Client for any claims, costs, losses,
fees, penalties, interest, or damages suffered by Client resulting from Company's failure to comply
with this provision.
3.3. Use of Employees or Subcontractors: Company may, at Company's own expense,
use any employees or subcontractors as Company deems necessary to perform the services
required of Company by this Agreement. Client may not control, direct, or supervise Company's
employees or subcontractors in the performance of those services.
3.4. Qualifications: Company represents that it is qualified and has the skills necessary
to perform the services under this Agreement in a competent and professional manner, without
the advice or direction of Client.
3.5. Ownership Interest: Company will have no ownership interest in Client.
3.6. No Benefit Contributions: Company shall have no obligation under this Agreement
to compensate or pay applicable taxes or provide employee benefits of any kind to any person
employed or retained by Client.
3.7. Attorney-in-Fact: Client appoints Company as Client's attorney-in-fact for the
following purposes:
(a) Billinq and Collections: To bill and collect ("Collections") all revenue earned by and
due to Client, in connection with Client's provision of emergency services
provided/rendered at the sites of motor vehicle incidents and other emergency
incidents, and to receive all Collections on Client's behalf and to sue for and give
satisfaction for monies due on account and to withdraw any claims, suits, or
proceedings pertaining to or arising out of Company's or Client's right to collect
such amounts; and
(b) Endorsement: To take possession of and endorse in ClienYs name any notes,
checks, money orders, and any other instruments received as Collections.
ARTICLE 4
GENERAL RESPONSIBILITIES OF COMPANY
4.1. Minimum Amount of Service: Company agrees to devote as much time and
attention to the performance of the Company Services under this Agreement as may be, in
Company's sole discretion, required to accomplish the tasks described herein to accomplish the
results for which the Company is responsible under this Agreement.
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4.2. Company Services: Company agrees to perform the Company Services as set
forth in the "List of Company Services" attached hereto as Schedule "A" and incorporated herein
by reference; including those additional services requested by Client and accepted in writing by
the Company during the term of this Agreement.
4.3. Non-Exclusive Relationship: Company may represent, perform services for, and
contract with as many additional clients, persons, or companies as Company, in Company's sole
discretion, sees fit.
4.4. Time and Place of Performinq Work: Company may perform the services under
this Agreement at any suitable time and location Company chooses.
4.5. Materials and Equipment: Company will supply all materials and equipment
required to perform the services under this Agreement.
4.6. Workers' Compensation: Company agrees to provide workers' compensation
insurance for Company and Company's employees and agents and agrees to hold harmless and
indemnify Client for any and all claims arising out of any injury, disability, or death of any of
Company's employees or agents.
4.7. Assiqnment: Neither this Agreement nor any duties or obligations under this
Agreement may be assigned by Company without the prior written consent of Client, which
consent shall not be unreasonably withheld.
ARTICLE 5
COMPENSATION OF COMPANY
5.1. Compensation for Company Services: All Company Services provided pursuant
to this Agreement will be provided in accordance with the terms, including compensation amounts
and schedule of remittance, set forth in the "List of Company Services," attached hereto as
Schedule A.
5.2. The provisions of Article 11 of this Agreement will govern any dispute associated
with compensation.
ARTICLE 6
OBLIGATIONS OF CLIENT
6.1. Cooperation of Client: The Client agrees to comply with all reasonable requests of
Company and provide access to all documents reasonably necessary to the performance of
Company's duties under this Agreement. The Client shall be responsible for initially ensuring, and
continuing to review, local and state laws in the Client's jurisdiction to assure adequate legal
authority for Company to engage in the Services described herein on behalf of Client.
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6.2. Assiqnment: Once a run is assigned to Company for processing, Company will
pursue collection until all efforts have been exhausted. While Company is pursuing payment on
a claim Client is precluded from assigning any duties or obligations under this Agreement to any
other party, without the written consent of Company. Client may not negotiate a settlement of a
run Company is processing without Company's written consent to the terms of the settlement and
compensation due to Company for processing the run. Once Company has determined a run is
not collectible it will either be archived and closed or sent to a collection agency (only if Client
chooses to do so). Sending an account to collection incurs additional fees to Client. If payment is
received from a collection agency, the amount received will be posted to Client's account by
Company. Company will reimburse Client at the rate set forth in Schedule A, List of Company
Services for that particular run, minus any additional fees from the collection agency.
ARTICLE 7
CLIENT AUTHORIZATION
7.1. Authorization: Notwithstanding other provisions of this Agreement, Company shall
obtain authorization from Client prior to performing any of the following:
(a) The sale conveyance, transfer, pledge exchange, assignment, hypothecation, or
encumbrance of Client's interest in any sums owed to Client; and
(b) All other limitations as stated by the terms of this Agreement.
ARTICLE 8
TERMINATION OF AGREEMENT
8.1. Termination on Notice: Notwithstanding any other provision of this Agreement,
either party may terminate this Agreement at any time by giving thirty days (30) written notice to
the other party. Unless earlier terminated as set forth below, this Agreement shall be effective as
of the date first set out above and shall continue for a period of one (1) year thereafter. This
Agreement shall automatically renew for successive one (1) year periods, unless either party
provides written notification to the other party of its decision not to renew this Agreement. Any
runs submitted for processing to Company prior to the date of the notice of termination will
continue to be processed under the terms of the List of Company Services set forth in this
Agreement.
8.2. Termination on Occurrence of Stated Events: This Agreement will terminate
automatically on the occurrence of any of the following events;
(a) Bankruptcy or insolvency of either party;
(b) The assignment of this Agreement by either party without the consent of the other
party; the parties agree that neither party will unreasonably withhold consent to
such an assignment.
8.3. Termination for Default: If either party defaults in the performance of this
Agreement or materially breaches any of its provisions, the non-breaching party may terminate
this Agreement by giving written notification to the breaching party. Termination will take effect
immediately on receipt of notice by the breaching party or five days (5) after mailing of notice,
whichever occurs first. For the purposes of this paragraph, material breach of this Agreement
includes, but is not limited to, the following:
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(a) Company's failure to complete the services specified in the Description of
Services;
(b) Client's material breach of any representation, warranty or agreement contained
in this Agreement;
(c) Company's material breach of any representation, warranty or agreement
contained in this Agreement;
(d) If the Fire Department does not maintain a minimum of 6 billable runs per year, the
Fire Department will be subject to a minimum account service fee of$250 annually
or termination of the account.
ARTICLE 9
PROPRIETARY RIGHTS
9.1. Confidential Information: Any written, printed, graphic, or electronically or
magnetically recorded information furnished by Client for Company's use are the sole property of
Client. This proprietary information includes, but is not limited to, customer requirements,
customer lists, marketing information, and information concerning the Client's employees,
products, services, prices, operations, and subsidiaries. Company will keep this confidential
information in the strictest confidence, and will not disclose it by any means to any person except
with the Client's approval, and only to the extent necessary to perform the services under this
Agreement. This prohibition also applies to Company's employees, agents, and subcontractors.
On termination of this Agreement, Company will return any confidential information in Company's
possession to Client.
9.2 Confidential Information: Any written, printed, graphic, electronically or
magnetically recorded information, computer-based hardware, software, applications, software
scripts, or software links furnished by Company for Client's use are the sole property of
Company. This proprietary information includes, but is not limited to, customer requirements,
customer lists, marketing information, and information concerning the Company's employees,
products, services, prices, operations, and subsidiaries. Client will keep this confidential
information in the strictest confidence, and will not disclose it by any means to any person
except with the Company's approval, and only to the extent necessary to perform the services
under this Agreement. This prohibition also applies to Client's employees, agents, and
subcontractors. On termination of this Agreement, Client will return any confidential information
in Client's possession to Company.
9.3 Artificial Intelligence: The Company hereby provides explicit disclosure that it
incorporates Artificial Intelligence (AI) within its proprietary software to enhance and perform
various aspects of the "Company Services" as defined and provided under this Agreement. This
integration is made for purposes of transparency and includes AI functionalities for data
processing and information extraction, such as reading and parsing incident narratives,
department ordinances, and fee schedules to obtain billing information or highlight billable
actions. Furthermore, AI is utilized to support invoice generation, address cleanup and
validation for data management, customer assistance and product support, and document
creation. AI also assists in communication by processing phone conversations and aiding in
customer correspondence via email or the Company's ticketing system, and contributes to
reporting and analytics. Internally, AI is employed for aspects of software development,
including code creation, quality control, and product testing. The Company explicitly states its
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commitment to ensuring its AI practices are responsible, ethical, and subject to continuous
evaluation and improvement to align with Client needs and expectations.
ARTICLE 10
INDEMNIFICATION
10.1. Indemnification: To the extent permitted by applicable law, the Company will indemnify
and hold the Client harmless from and against any and all loss, damage, liability, claims and/or
injury resulting from all negligent actions performed by the Company, or its agents on the
Company's behalf, in connection with this Agreement. However, this indemnification shall not
apply with respect to any legal cause, action or consequential liability or losses as a result from
inaccurate or incomplete information or unfounded or unreasonable submissions furnished to
the Company by the Client nor shall it apply to any act, omission or negligence of the Client.
ARTICLE 11
GENERAL PROVISIONS
11.1. Governinq Law: This Agreement shall be governed in all respects by the laws of
the State of California, without giving effect to any choice or conflict of law provision or rule
(whether of the State of California or any other jurisdiction that would cause the application of the
laws of any jurisdiction other that the State of California).
11.2. Entire Agreement: This Agreement constitutes the entire agreement between the
Parties pertaining to the subject matter contained in it and supersedes all prior and
contemporaneous agreements, representations, and understanding of the parties.
11.3. Successors and Assiqns: Except as otherwise provided herein, the provisions
hereof shall inure to the benefit of, and be binding upon, the successors, assigns, heirs, executors
and administrators of the parties hereto. No party may assign any of its rights or obligations
hereunder without the express written consent of the other party hereto, which consent may not
be unreasonably withheld; provided, however, any party may assign any and all of its rights and
interests hereunder to one or more of its affiliates and designate one or more of its affiliates to
perform its obligations hereunder; provided, however, that such party remains liable for full and
total performance of its obligations hereunder.
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11.4. Notices: Any notices authorized to be given hereunder shall be in writing and
deemed given, if delivered personally or by overnight courier, on the date of delivery, if a Business
Day, or if not a business day, on the first Business Day following delivery, or if mailed, three days
after mailing by registered or certified mail, return receipt requested, and in each case, addressed,
as follows:
If to the Company to: with a copy to:
Fire Recovery USA, LLC The Watkins Firm, APC
2271 Lava Ridge Court, Suite 120 9915 Mira Mesa Boulevard, Suite 130
Roseville CA 95661 San Diego, CA 92131
Attention: Craig Nagler Attention: Chris Popov, Esq.
If to Client to: with a copy to:
Dubuque Fire Department
11 W 9th St.
Dubuque, IA 52001
Attention:
Or, if delivered by telecopy, on a Business Day before 4:00 PM local time of addressee, on
transmission confirmed electronically, or if at any other time or day on the first Business Day
succeeding transmission confirmed electronically, to the facsimile numbers provided above, or to
such other address or telecopy number as any party shall specify to the other, pursuant to the
foregoing notice provisions. When used in this Agreement, the term "Business Day" shall mean a
day other than a Saturday, Sunday or a Federal Holiday.
11.5. Waiver; Amendments: This Agreement sets forth the entire agreement of the
parties respecting the subject matter hereof, (ii) supersede any prior and contemporaneous
understandings, agreements, or representations by or among the parties, written or oral, to the
extent they related in any way to the subject matter hereof, and (iii) may not be amended orally,
and no right or obligation of any party may be altered, except as expressly set forth in a writing
signed by such party.
11.6. Counterparts: This Agreement may be signed in several counterparts.
11.7. Expenses: Each party shall bear its own expenses incurred with respect to the
preparation of this Agreement and the consummation of the transactions contemplated hereby.
11.8. Arbitration:
(a) If at any time there shall be a dispute arising out of or relating to any
provision of this Agreement, any Transaction Document or any agreement
contemplated hereby or thereby, such dispute shall be submitted for binding and
final determination by arbitration in accordance with the regulations then obtaining
of the American Arbitration Association. Judgment upon the award rendered by
the arbitrator(s) resulting from such arbitration shall be in writing, and shall be final
and binding upon all involved parties. The site of any arbitration shall be at a site
agreed to by the parties and the arbitration decision can be enforced in a "court of
competent jurisdiction".
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(b) This arbitration clause shall survive the termination of this
Agreement, any Transaction Document and any agreement contemplated hereby
or thereby.
11.9. Waiver of Jury Trial; Exemplary Damages: THE PARTIES HERETO HEREBY
WAIVE THEIR RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING
UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT. NO PARTY SHALL BE
AWARDED PUNITIVE OR OTHER EXEMPLARY DAMAGES RESPECTING ANY DISPUTE
ARISING UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT
CONTEMPLATED HEREBY.
11.10 Cooperative Purchases: This Agreement may be used by other government
agencies. Company has agreed to offer similar services to other agencies under the same or
similar terms and conditions as stated herein except that the revenue share percentage
(Compensation) may be negotiated between the Company and other agencies based on the
specific revenue expectations, agency reimbursed costs, and other agency requirements. The
City/County/or Client/Protection District will in no way whatsoever incur any liability in relation to
specifications, delivery, payment, or any other aspect of purchase by other agencies.
Signatures on following page:
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IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date
first written above.
COMPANY:
FIRE RECOVERY USA, LLC.
a California limited liability company
..�t. c.�. �✓�.1�.
Signature:
Name: M. Craig Nagler
Title: Manager
CLIENT:
Dubuque Fire Department
Signature: !/ �
Name (printed): Michael C. Van Milligen
Title: City Manager
9
Doc ID: 27e00c8e9f9a0491118f4dcb��c��c��i���
SCHEDULE A
LIST OF COMPANY SERVICES
1. Company agrees to bill the responsible party on the Client's behalf for services
provided/rendered during motor vehicle incidents and other emergency incidents. The
Mitigation Rates lists in Exhibit A will increase annually based on the annual percentage
increase in the Consumer Price Index (CPI), as developed by the Bureau of Labor
Statistics of the U.S. Department of Labor. Rate adjustments will occur to keep the fire
department's cost recovery program in conformity with increasing operating expenses.
2. Company will provide, as a normal matter of business; entry of claims and submission to
the responsible party, collections of monies deemed due to the Client, payments of the
agreed upon percentage of said monies to Client, and reporting of progress.
3. Company agrees to bill to the best of its ability all claims provided to Company by the
Client.
4. Company will not begin litigation against a person, entity, or insurance carrier without
prior written approval by the Client.
5. Company agrees to reimburse Client a portion of the monies collected at a rate of 78%
(seventy-eight percent) of the total monies collected on the Client's claims. Total monies
collected will be net, after any credit card processing fees (charged at 4%) or any
collection agency fees. If Client submits a claim to Company and later wants to cancel
the claim, Client may be subject to a billing fee. If Client agrees to submit a claim to
Company's collection agency and later wants to remove it from collection status, Client
may be subject to a fee of up to 35% of the amount of the claim to compensate for
efforts made to collect the claim.
6. Company agrees to pay these monies collected to the Client on a monthly basis, within
seven (7)working days after the close and accounting of the monthly billing cycle.
7. Company agrees to make available reports via a password protected website to the
Client which detail billable claims outstanding (which are claims submitted, but not yet
completed) and claims completed in the prior billing cycle.
8. Company will not be responsible for, nor accept any liability for, any erroneous, invalid,
or illegal procedure codes or claims submitted to Company by the Client on the Run
Sheets.
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EXHIBIT A
MITIGATION RATES
BASED ON PER HOUR
The mitigation rates below are average "billing levels", and are typical for the incident responses
listed, however, when a claim is submitted, it may be itemized and based on the actual services
provided.
These rates are based on actual costs using amortized schedules for apparatus (including
useful life, equipment, repairs, and maintenance). Labor rates include an average department's
actual burdened labor costs and not just a firefighter's wage. These include wages, retirement,
benefits, workers comp, etc.
MOTOR VEHICLE INCIDENTS
Level 1 - $637.00
Provide hazardous materials assessment and scene stabilization. This will be the most common
"billing level". This occurs almost every time the fire department responds to an
accident/incident.
Level 2 - $726.00
Includes Level 1 services as well as clean up and material used (sorbents) for hazardous fluid
clean up and contained for disposal. We will bill at this level if the fire department has to clean
up any gasoline or other automotive fluids that are spilled as a result of the accident/incident.
Level 3— CAR FIRE -$886.00
Provide scene safety, fire suppression, breathing air, rescue tools, hand tools, hose, tip use,
foam, structure protection, and clean up gasoline or other automotive fluids that are spilled as a
result of the accident/incident.
ADD-ON SERVICES:
Extrication -$1,915.00
Includes heavy rescue tools, ropes, airbags, cribbing etc. This charge will be added if the fire
department has to free/remove anyone from the vehicle(s) using any equipment. We will not bill
at this level if the patient is simply unconscious and fire department is able to open the door to
access the patient. This level is to be billed only if equipment is deployed.
Creating a Landing Zone - $584.00
Includes Air Care (multi-engine company response, mutual aid, helicopter). We will bill at this
level any time a helicopter landing zone is created and/or is utilized to transport the patient(s).
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Itemized Response: You have the option to bill each incident as an independent event with
custom mitigation rates, for each incident using, itemized rates deemed usual, customary and
reasonable (UCR). These incidents will be billed, itemized per apparatus, per personnel, plus
products and equipment used.
HAZMAT
Level 1 - $1,029.00
Basic Response: Claim will include engine response, first responder assignment, perimeter
establishment, evacuations, set-up and command.
Level 2 - $3,673.00
Intermediate Response: Claim will include engine response, first responder assignment,
hazmat certified team and appropriate equipment, perimeter establishment, evacuations, set-up
and command, Level A or B suit donning, breathing air and detection equipment. Set-up and
removal of decon center.
Level 3—$8,673.00
Advanced Response: Claim will include engine response, first responder assignment, hazmat
certified team and appropriate equipment, perimeter establishment, evacuations, first responder
set-up and command, Level A or B suit donning, breathing air and detection equipment and
robot deployment. Set-up and removal of decon center, detection equipment, recovery and
identification of material. Disposal and environment clean up. Includes above in addition to any
disposal rates of material and contaminated equipment and material used at scene. Includes 3
hours of on scene time - each additional hour @ $391.00 per HAZMAT team.
FIRES
Assignment - $585.00 per hour, per engine/$732.00 per hour, per truck
Includes:
• Scene Safety
• Investigation
• Fire / Hazard Control
This will be the most common "billing level". This occurs almost every time the fire department
responds to an incident.
OPTIONAL: A fire department has the option to bill each fire as an independent event
with custom mitigation rates.
Itemized, per person, at various pay levels and for itemized products use.
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ILLEGAL FIRES
Assignment - $585.00 per hour, per engine/$732.00 per hour, per truck
When a fire is started by any person or persons that requires a fire department response during
a time or season when fires are regulated or controlled by local or state rules, provisions or
ordinances because of pollution or fire danger concerns, such person or persons will be liable
for the fire department response at a cost not to exceed the actual expenses incurred by the fire
department to respond and contain the fire. Similarly, if a fire is started where permits are
required for such a fire and the permit was not obtained and the fire department is required to
respond to contain the fire the responsible party will be liable for the response at a cost not to
exceed the actual expenses incurred by the fire department. The actual expenses will include
direct labor, equipment costs and any other costs that can be reasonably allocated to the cost of
the response.
WATER INCIDENTS
Level 1
Basic Response: Claim will include engine response, first responder assignment, perimeter
establishment, evacuations, first responder set-up and command, scene safety and
investigation (including possible patient contact, hazard control). This will be the most common
"billing level". This occurs almost every time the fire department responds to a water incident.
Billed at $600 plus $72 per hour, per rescue person.
Level 2
Intermediate Response: Includes Level 1 services as well as clean up and material used
(sorbents), minor hazardous clean up and disposal. We will bill at this level if the fire
department has to clean up small amounts of gasoline or other fluids that are spilled as a result
of the incident.
Billed at $1,205 plus $72 per hour, per rescue person.
Level 3
Advanced Response: Includes Level 1 and Level 2 services as well as D.A.R.T. activation,
donning breathing apparatus and detection equipment. Set up and removal of decon center,
detection equipment, recovery and identification of material. Disposal and environment clean
up. Includes above in addition to any disposal rates of material and contaminated equipment
and material used at scene.
Billed at $2,984 plus $72 per hour per rescue person, plus $140 per hour per HAZMAT
team member.
Level 4
Itemized Response: You have the option to bill each incident as an independent event with
custom mitigation rates for each incident using itemized rates deemed usual, customary and
4
Page 265 of 890
reasonable (UCR). These incidents will be billed, itemized, per trained rescue person, plus
rescue products used.
BACK COUNTRY OR SPECIAL RESCUE
Itemized Response: Each incident will be billed with custom mitigation rates deemed usual,
customary and reasonable (UCR). These incidents will be billed, itemized per apparatus per
hour, per trained rescue person per hour, plus rescue products used.
Minimum billed $600 plus $72 per hour, per rescue person. Additional rates of$600 per
hour per response vehicle and $72 per hour per rescue person.
CHIEF RESPONSE
This includes the set-up of Command and providing direction of the incident. This could include
operations, safety, and administration of the incident.
Billed at $367 per hour.
MISCELLANEOUS /ADDITIONAL TIME ON-SCENE
ADDITIONAL TIME ON-SCENE (for all levels of service)
Engine billed at $585 per hour.
Truck billed at $794per hour.
Command at $367 per hour
Miscellaneous equipment billed at $440.
MITIGATION RATE NOTES
The mitigation rates above are average "billing levels" for one hour of service, and are typical for
the incident responses listed, however, when a claim is submitted, it may be itemized and based
on the actual services provided.
These average mitigation rates were determined by itemizing costs for a typical run (from the
time a fire apparatus leaves the station until it returns to the station) and are based on the actual
costs, using amortized schedules for apparatus (including useful life, equipment, repairs, and
maintenance) and labor rates (an average department's "actual personnel expense" and not just
a firefighter's basic wage). The actual personnel expense includes costs such as wages,
retirement, benefits, workers comp, insurance, etc.
5
Page 266 of 890
Dubuque City Of Dubuque
THE CITY OF
�.�� Parks&Recreation Department
DT 7� � 1 I I I I► 2200 Bunker Hill Rd.
�'� (address)
2007•2012•2013
Masterpiece on tl�e Mississi��pi zoi�=zoi9 Dubuque, IA 52001
PhOng # 563-589-4263
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
Trane USA Inc. (C011tl'aCt01'� at
(Contractor Name)
1400 SE 19th St. Suite 100, Grimes, IA. 50111
(Contractor's Address - City and State)
PROJECT TITLE: Chilled Water Pump Repair
(Project)
For and in consideration of the mutual covenants herein contained, the parties hereto agree as
follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perForm all labor necessary for:
the repair of 2 chilled water pumps
The work described above shall be completed at the following location(s):
Grand River Center
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 267 of 890
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 268 of 890
8. The Contractor shall fully complete the Project under this Contract on or before
May 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 269 of 890
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 270 of 890
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: $ 5,659
CITY OF DUBUQUE, IOWA CONTRACTOR:
By: �[�� �,,,� / ',(�'� 05/03/2026 Trane US Inc
'— c Date Company Name
By: � �" ��� 4/29/2026
Signature Date
Nicole Hueser
Printed Name
Service Estimator II
Title
Page 271 of 890
EXHIBIT A
CONSENT DECREE
RELATING TO THE
CITY OF DUBUQUE, IOWA
WATER & RESOURCE RECOVERY CENTER
AND
SEWER COLLECTION SYSTEM
NO CONTRACTOR OR CONSULTANT MAY PERFORM ANY WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SEWER CONNECTION
SYSTEM UNLESS A SIGNED COPY OF THIS DOCUMENT IS RETURNED TO THE CITY OF DUBUQUE
ENGINEERING DEPARTMENT
The City of Dubuque, lowa has entered into a Consent Decree in the case of The United States of America,
and the State of lowa v. The City of Dubuque, lowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action
Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern
District of lowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers,
directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under
contract with the City to perform the obligations of the Consent Decree.
The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to
perform work required by the Consent Decree.
A copy of the Consent Decree can be found at
http://www.cityofdubuque.org/DocumentCenter/Home/View/3173. A paper copy is available upon request
from the City of Dubuque Engineering Department.
The City must condition any contract to perform work required under the Consent Decree upon performance
of the work in conformity with the provisions of the Consent Decree.
The Consent Decree also provides that until five years after the termination of the Consent Decree, the City
shall retain, and shall instruct its contractors and agents to preserve, all non-identical copies of all documents,
reports, data, records, or other information (including documents, records, or other information in electronic
form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or
agents' possession or control, and that relate in any manner to the City's performance of its obligations under
this Consent Decree, including any underlying research and analytical data. This information-retention
requirement shall apply regardless of any contrary City, corporate or institutional policies or procedures. At
any time during this information-retention period, upon request by the United States or the State, the City
shall provide copies of any documents, reports, analytical data, or other information required to be maintained
under the Consent Decree. At the conclusion of the information-retention period, the City shall notify the
United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or
other information subject to such requirements and, upon request by the United States or the State, the City
shall deliver any such documents, records, or other information to the EPA or IDNR.
Page 272 of 890
Certification by Contractor or Consultant
The undersigned, on behalf of the Contractor or Consultant, with full authority to act on behalf of the
Contractor or Consultant, certifies to the City of Dubuque as follows:
1. I have received a copy of the Consent Decree in the case of The United States of America, and the State
of lowa v. The City of Dubuque, lowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action Number
2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of
lowa.
2. All work performed will be in conformity with the provisions of the Consent Decree.
3. All documents, reports, data, records, or other information (including documents, records, or other
information in electronic form)that relate in any manner to the performance of obligations under the Consent
Decree, including any underlying research and analytical data, will be retained as required by the Consent
Decree.
The Contractor or Consultant agrees to defend, indemnify, and hold harmless the City, its officers, agents,
or employees from and against any claims, including penalties, costs and fees as provided in the Consent
Decree, relating to or arising out of the Contractor's or Consultant's failure to comply with the Consent
Decree.
Contractor or Consultant:
By:
its:
Date:
Return siqned copv to:
Engineering Department
50 W. 13th Street
Dubuque IA 52001
Page 273 of 890
EXHIBIT B
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOW ALL BY THESE PRESENTS:
That we, , as Principal
(hereinafter the "Contractor" or "Principal") and
, 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
dollars
($ ), lawful money of the United States, for the payment of which sum, well and truly
to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by
these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a contract with
the Owner, bearing date the day of , 20_, (hereinafter the "Contract")
wherein said Contractor undertakes and agrees to construct the following project in accordance with the
Contract Documents, and to faithfully perform all the terms and requirements of said Contract within the time
therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. The
Contract Documents for
Project detail the
following described improvements:
INSERT PROJECT DESCRIPTION
(Use description from Notice to Bidders)
It is expressly understood and agreed by the Contractor and Surety in this Bond that the following provisions
are a part of this Bond and are binding upon said Contractor and Surety, to-wit:
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 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
Page 274 of 890
is made a part hereof as though fully set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense:
A. To remedy any and all defects that may develop in or result from work to be performed under
the Contract Documents within the period of two (2)year(s)from the date of acceptance of the
work under the Contract, by reason of defects in workmanship, equipment installed, or materials
used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any defects
are remedied, and to repay the Owner all outlay and expense incurred as a result of Contractor's
and Surety's failure to remedy any defect as required by this section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or materials not
discovered or known to the Owner at the time such work was accepted.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary
notwithstanding, to the following provisions:
A. To consent without notice to any extension of time authorized in approved change orders to the
Contractor in which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents, authorized in
approved change orders which thereby increases the total contract price and the penal sum of
this Bond, provided that all such changes do not, in the aggregate, involve an increase of more
than twenty percent (20%) of the total contract price, and that this Bond shall then be released
as to such excess increase;
C. To consent without notice that this Bond shall remain in full force and effect until the Contract is
completed, whether completed within the specified contract period, within an extension thereof,
or within a period of time after the contract period has elapsed and the agreed damage penalty
is being charged against the Contractor.
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary
notwithstanding, to the following provisions:
D. That no provision of this Bond or of any other contract shall be valid that limits to less than five
(5) years after the acceptance of the work under the Contract the right to sue on this Bond.
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but
shall include the actual and reasonable costs and expenses incurred by the Owner including
interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense"would
include but not be limited to all contract or employee expense, all equipment usage or rental,
materials, testing, outside experts, attorney's fees(including overhead expenses of the Owner's
staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is
intended the Contractor and Surety will defend and indemnify the Owner on all claims made
against the Owner on account of Contractor's failure to perform as required in the Contract and
Contract Documents, that all agreements and promises set forth in the Contract and Contract
Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner
Page 275 of 890
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 obligation is such that if said Principal shall faithfully perform all the
promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this
Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this
Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract
Documents, it shall be interpreted or construed as defined in applicable provisions of the 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.
Project No.
Witness our hands, this day of , 20_.
SURETY COUNTERSIGNED BY: PRINCIPAL:
Signature of Agent Contractor
By:
Printed Name of Agent Signature
Company Address Printed Name
City, State, Zip Code Title
Company Telephone Number FORM APPROVED BY:
Page 276 of 890
Representative for Owner
SURETY:
Surety Company
By:
Signature Attorney-in-Fact Officer
Printed Name of Attorney-in-Fact Officer
Company Name
Company Address
City, State, Zip Code
Company Telephone Number
Page 277 of 890
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.
Page 278 of 890
EXHIBIT C
INSURANCE SCHEDULE F
Class A:
Asbestos Removal Fiber Optics Sanitary Sewers
Asphalt Paving Fire Protection Sheet Metal
Concrete Fireproofing Site Utilities
Construction Managers General Contractors Shoring
Cranes HVAC Special construction
Culverts Mechanical Steel
Decking Paving & Surfacing Storm sewers
Demolition Piles & Caissons Structural Steel
Deconstruction Plumbing Trails
Earthwork Retaining Walls Tunneling
Electrical Reinforcement Water main
Elevators Roofing
Class B:
Chemical Spraying Masonry Rough Carpentry
Doors, Window & Vehicular Snow Stump Grinding
Glazing Removal Tank Coating
Drywall Systems Painting & Wall Tree Removal
Fertilizer Application Covering Tree Trimming
Geotech Boring Pest Control Tuckpointing
Insulation Scaffolding Waterproofing
Finish Carpentry Sidewalks Well Drilling
Landscaping Plastering
Class C:
Carpet Cleaning
Carpet & Resilient
Flooring
Caulking & Sealants
Acoustical Ceiling
Filter Cleaning
General Cleaning
Grass Cutting
Janitorial
Non Vehicular Snow &
Ice Removal
Office Furnishings
Power Washing
Tile & Terrazzo
Flooring
Window Washing
Page 279 of 890
INSURANCE SCHEDULE F (continued)
1. Contractor shall furnish a signed certificate of insurance to the department responsible for the contract
for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term
of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at
the end of each project with the final billing. Each certificate shall be prepared on the most current
ACORD form approved by the lowa Department of Insurance or an equivalent approved by the Director
of Finance and Budget or Designee. The certificate must clearly indicate the project number, project
name, or project description for which it is being provided Eg: Project# Project
name: or Project Location at or
construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa
and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each Certificate required shall be furnished to the Department of the City of Dubuque.
4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of
these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall
be considered a material breach of this contract.
5. Contractor shall require all subcontractors and sub-subcontractors to obtain and maintain during the
performance of work insurance for the coverages described in this Insurance Schedule and shall obtain
certificates of insurance from all such subcontractors and sub-subcontractors. Contractor agrees that it
shall be liable for the failure of a subcontractor and sub-subcontractor to obtain and maintain such
coverage. The City may request a copy of such certificates from the Contractor.
6. All required endorsements shall be attached to the certificate. The certificate is due before the
contract/agreement can be approved.
7. Whenever an ISO form is referenced the current edition must be provided.
8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other
legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are higher than
the required minimum limit, then the contractor's limits shall be this agreement's required limits.
9. Contractor shall be responsible for deductibles and self-insured retention for payment of all policy
premiums and other cost associated with the insurance policies required below.
10. All certificates of insurance must include agents name, phone number, and email address.
11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance
policies, including endorsements, required by this Schedule at any time.
12. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the contract, subject to written
mutual agreement attached hereto.
Page 280 of 890
INSURANCE SCHEDULE F (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit$2,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general liability
coverage shall be written in accord with ISO form CG 00 01 or business owners form BP
00 02. All deviations from the standard ISO commercial general liability form CG 00 01
or business owners form BP 00 02 shall be clearly identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate
Limit" or CG 25 03 "Designated Construction Project(s) General Aggregate Limit" as
appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement. (Sample attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees, agents, and volunteers, all its boards, commissions and/or authorities
and their board members, employees, agents, and volunteers. Use ISO form CG 20
10 (Ongoing operations).
6) The additional insured endorsement shall include completed operations under ISO form
CG 20 37 during the project term and for a period of two years after the completion of
the project.
7) Policy shall include Waiver of Right to Recover from Others endorsement.
8) Policy shall include cancellation and material change endorsement providing thirty (30)
days advance written notice of cancellation, non-renewal, reduction in insurance
coverage and/or limits and ten (10) days written notice of non-payment of premium shall
be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, lowa
52001.
9) Contractor and subcontractor shall not use any drone without the prior written approval
of the City of Dubuque. Any drone usage must comply with above liability limits and the
additional insured endorsement must name the City of Dubuque with respect to aircraft
liability coverage.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by lowa Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Page 281 of 890
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by lowa Code Section 85.1A, the Contractor is not required to purchase Workers'
Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of
Workers' Compensation or Employers' Liability Coverage form on file with the lowa
Workers' Compensation Insurance Commissioner, as required by lowa Code Section 87.22.
Completed form must be attached.
C) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned, and hired vehicles. If the Contractor's business
does not own any vehicles, coverage is required on non-owned and hired vehicles.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
D) UMBRELLA/EXCESS LIABILITY
The General Liability, Automobile Liability and Employer's Liability Insurance requirements may
be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the
Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall
include the same endorsements as required of the primary policies including but not limited to
Waiver of Subrogation and Primary and Non-contributory in favor of the City.
All Class A contractors with contract values in excess of$10,000,000 must have
umbrella/excess liability coverage of$10,000,000.
All Class A and Class B contractors with contract values between $500,000 and $10,000,000
must have umbrella/excess liability coverage of$3,000,000.
All Class A and B contractors with contract values less than $500,000 must have
umbrella/excess liability coverage of$1,000,000.
All Class C contractors are not required to have umbrella/excess liability coverage.
All contractors performing earth work must have a minimum of$3,000,000 umbrella regardless
of the contract value.
E) POLLUTION LIABILITY
Coverage required: _Yes _ No
Pollution liability coverage shall be required if project involves any pollution exposure for
hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos,
or PCB's. Pollution product and complete operations coverage shall also be covered.
Each Occurrence $2,000,000
Page 282 of 890
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees, agents, and volunteers, all its boards, commissions and/or authorities
and their board members, employees and volunteers. Use ISO form CG 20 10.
(Ongoing operations) or its equivalent and CG 20 37 (completed operations) or its
equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
5) Include endorsement indicating that coverage is primary and non-contributory.
6) Policy shall include waiver of right to recovery from others endorsement.
7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability-Broadened
Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles
that transport fuel onto the Owner's property.
F) RAILROAD PROTECTIVE LIABILITY
Coverage required: _Yes _ No
Any contract for construction or demolition work on or within fifty feet (50') from the edge of the
tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds, tunnel,
underpass, or crossing, for which an easement, license or indemnification of the railroad is
required, shall require evidence of the following additional coverages.
Railroad Protective Liability:
$ each occurrence (per limits required by Railroad)
$ policy aggregate (per limits required by Railroad)
AND
An endorsement to the Commercial General Liability policy equal to ISO CG 24 17 (Contractual
Liability-Railroads). A copy of this endorsement shall be attached to the certificate of insurance.
Page 283 of 890
lowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which
may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is
requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to
preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities
is for your benefit.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of
this policy and the including of the City of Dubuque, 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 Coveraqe. The insurer further agrees that this policy of insurance shall cover only those claims
not subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists
and as it may be amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be
covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. 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 insurer.
4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer shall not
deny any of the rights and benefits accruing to the City of Dubuque, 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.
No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or
alter the coverage available under the policy.
Page 284 of 890
EXHIBIT D
LEGAL COMPLIANCE
a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
c) Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq), (prohibits
discrimination on the basis of age);
f) Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
g) The Civil Rights Restoration Act of 1987, (PL 100-209); (broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964 to include that entities that receive
federal funding must comply with civil rights legislation, including the Civil Rights Act of 1964,
the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, in all
operations, not just in the program or activity receiving federal funding);
h) Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as
implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38;
i) The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
j) Section 1557of the Affordable Care Act (prohibits discrimination on the basis of national
origin);
k) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.)
(prohibits discrimination because of sex in education programs or activities);
I) Drug Abuse Office and Treatment Act of 1972, as amended (21 U.S.C. § 1101 et seq.); and
m) Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as
amended (42 U.S.C. § 4541, et seq.).
Page 285 of 890
SIOUX CITY � DES MOINES � DUBUQUE � MILW�UKEE
May 1, 2026
Fire Chief Scheller
Dubuque Fire Department
11 West 9th Street
Dubuque, lowa 52001
RE: Fire Headquarters Bunkroom and Bathroom Remodel—NOTICE TO PROCEED
Architect's Project Number:2026319
Dear Chief Scheller&Jim Bousley,
Thank you for awarding this important remodeling project to FEH Design.We understand that the budgeted
dollars for construction of this project are required to be encumbered by July I, 2026. Due to the timing of bidding
and award by City Council on June 15, 2026,we have targeted an issue date to bidders of May 21,2026.This
letter confirms that at today's meeting we received a verbal notice to proceed with the development of plans and
specifications for bidding for this project.
As proposed, our fee will be 7.9% of the cost of the average of the bids for construction and furniture for the
project. Our May invoice will be billed hourly per the attached hourly billing rates. The June invoice will set a fixed
fee, and the May invoice amount will be credited toward that fixed total fee amount.
We look forward to a successful project.
Sincerely,
FEH Design acknowledgement
v
cnr�s war,a,AIA �#��D�yX Michael C. Van Milligen
Architect Principal �����r��(City Manager
Enclosed: FEH Design Billing rates
CC: Jim Bousley, Kevin Eipperle
�♦� FEH DESIGN 951 MAINSTREET / 563 583 4900 P
� DUBUQuE, IowA 52001 Page 1 of 1
♦
Page 286 of 890
��w City of Dubuque
THE CiTY OF WBtef
,.,,.,.� Departrnent
DT T� � 1'I��t 925 Kerper Court
v (addressj
Masterpiece on the Mississippi �oi7+ioi9 Dubuque, IA 52001
Phone# �3-5as-azs�
CITY OF DUBUQUE, IOWA
SHORT FORM
PUBLIC IMPROVEMENT CONTRACT
PROJECTS ESTIMATED AT LESS THAN $100,000.00
Check Aaaropriate 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
Central Tank Coaangs (Contractor) at
(Contractor Name)
22528 Canoe Road, Elgin, lowa 52141
(Contractor's Address-City and State)
PRO.IECT TITLE: City of Dubuque Fire Hydrant Recoating Project
(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:
surface preparation and recoating of fire hydrants within the City's water distribution system. Quantity of 121 hydrants per
map of hydrant locations per request for quotes provided by Department on 04/07/2026.
The work described above shall be completed at the following location(s):
Hydrant locations per maps provided in request for quotes provided by Department on 04/07/2026.
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 287 of 890
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 defecti�e 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 finro 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 288 of 890
8. The Contractor shall fully complete the Project under this Contract on or before
June 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 pertormance 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 pertorms 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 289 of 890
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
co�ered 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 SEINER
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 290 of 890
THE CITY AGREES:
The City agrees to pay the Vendor for the work actualiy performed under this Contract, up to the
amount stated below, less any agreed damages provided for in the Contract Documents.
CONTRACT AMOUNT: $ 22,99�
CITY OF DUBUQUE, IOWA CONTRACTOR:
By: �� �' 7��= 05/04/2026 Central Tank Coatings
Date Company Name
BY' 1 c� 6
Sign e Date
!�e f I� 1/1.�,� �,��
Prin�Name
���S ; �,r� -�"
Title
Page 291 of 890
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Page 292 of 890
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in i i le ro c r t r at n y a e o e rf n o b' a ' n n r e o e
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Page 293 of 890
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Page 294 of 890
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. o d n a a d t y ev o n r u ro rk p o e u er
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e ' o n i o y xt s' ti h iz i p o a e d t
o ra or' ic to e h r ;
. T s ' h t ti t n c n i e o a o r c e , ut ri d '
ap o d a e r s i t r i r s t t I n ri a t n s
is o , ov' al u c n s o t, ' t a r a , i ol in e e e
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a o c ex s n a ;
n nt it ut of t is o s II n ' fo d il e o a s
t , e r e d h' t s c' d n a e ' d i n e io th e ,
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n c d e S e o d a e e a d o d, y a to e a
o it a i , t h vl wi ov' io :
T at o ov' io of is o of n t r nt ct a' t t I' it o s fi
5 e s e c p c of e o u er o r t ri t s t '
a s s h ei , t p a " I a e e" is ot li ite i n w , t
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' t e , b e , d v e er a li I . o in y, " II tl d p s w I
� cl e t ot e ' i a co r o e lo e x n , e i e u g or e I,
te ' I e n ,o i e o y' e ' cl in ov h d p s h e '
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' te e t C tr ct a r e d ' d n' t r cl m e
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C tr t c ts al g e n a ' e se o i h tr d o a
o t , in p ov tl a e rd s, n n is o f I , d a e er
Page 295 of 890
il e ull in J ifi t t ' wi p in t if n ' w I a n a
o a n rf i h ir in a r u�
n e v t r i u a " tl d p s i ef ' g ' e a in a c i s ic h
o ra or r r o v r id e f s or ' t o e n of e ro is ' e y e
n a r ' t nt ct r e s r p v a e d s, r i t e or nt f e
p m' e iv n ac r d u ty ' s o , o a r d u ty gr e at e w'
e e r o f al u o a a e e ro d t t r 's I' af n d t ' n
a n e o n d - e e 1 °/ o e I f s or�. �
n e v t t y cti s d' gs re' if r r ' g is o , e rf re t v u
e of h u n , t of w . I al cf n " r u' y e w er f e
ov' io o i d t I ct e o ta o ig o n rri t e fi f e r, e n r
a t re a e ,jo' a s er y o y e r I a e e ' c t ef t
er A ' s o a r e e f e r re s all a ' e d o a ' e n
a e ' di ' n ri ts o e , a r ie gi n t , I e p d
a i re f nt u a e u e t i i r g a i n c r
h nt ct is ' i ' a s h ct' o 0
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pr m' s f e 'n p , a s o d ro ' e i r , ' t nt ct o t , a i h'
o , e i ob' a ' n u a v ' , i it r a' in II r a e ec.
i
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, o m t �t a e ' t r e r n ru d in i a i I r isi s f e e; ir , if
i d ' t lo a o , i h b in rp e or o r d di t ts e r ni
in e r io in s ; d u , ' it s o n al a d e i i e i i s , �
b in e or r d di t s o or u ry s e.
F u t p i r ' ul z h e I e o r isi s ot e io d d n i li il'
e u e T n c n r c e s e r y a a a f is
ro' ct o
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Page 296 of 890
re n iv fo e
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ur o a
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o p y a
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p y el h e u
Page 297 of 890
T :
I i t s n i o a a t, n m ' t a o s
' al ig t s ' ' ; ' s a i 'e, r e o ' ' n ur I ot
a e
T s o t al e r ' ai s n e .
T e d g u t S e s e in- a ce e r t '
d u e x y s ' e o e e i e P of tt e a a m
i o
Page 298 of 890
EXHIBIT C
INSURANCE SCHEDULE F
Class A:
Asbestos Removal Fiber Optics Sanitary Sewers
Asphalt Paving Fire Protection Sheet Metal
Concrete Fireproofing Site Utilities
Construction Managers General Contractors Shoring
Cranes HVAC Special construction
Culverts Mechanical Steel
Decking Paving & Surfacing Storm sewers
Demolition Piles 8� Caissons Structural Steel
Deconstruction Plumbing Trails
Earthwork Retaining Walls Tunneling
Electrical Reinforcement Water main
Elevators Roofing
Class B:
Chemical Spraying Masonry Rough Carpentry
Doors, Window& Vehicular Snow Stump Grinding
Glazing Removal Tank Coating
Drywall Systems Painting &Wall Tree Removal
Fertilizer Application Covering Tree Trimming
Geotech Boring Pest Control Tuckpointing
Insulation Scaffolding Waterproofing
Finish Carpentry Sidewalks Well Drilling
Landscaping Plastering
Class C:
Carpet Cleaning
Carpet& Resilient
Flooring
Caulking 8 Sealants
Acoustical Ceiling
Filter Cleaning
General Cleaning
Grass Cutting
Janitorial
Non Vehicular Snow 8�
Ice Removal
Office Furnishings
Pawer Washing
Tile&Terrazzo
Flooring
Window Washing
Page 299 of 890
INSURANCE SCHEDULE F (continued)
1. Contractor shall furnish a signed certificate of insurance to the department responsible for the contract
for the co�erage required in Exhibit I prior to commencing work and at the end of the project if the term
of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at
the end of each project with the final billing. Each certificate shall be prepared on the most current
ACORD form approved by the lowa Department of Insurance or an equivalent approved by the Director
of Finance and Budget or Designee. The certificate must clearly indicate the project number, project
name, or project description for which it is being provided Eg: Project# Project
tlame: Fire Hydrant Recoating Project or Project Location at or
construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa
and all insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide.
3. Each Certificate required shall be furnished to the water Department of the City of Dubuque.
4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of
these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall
be considered a material breach of this contract.
5. Contractor shall require all subcontractors and sut�subcontractors to obtain and maintain during the
performance of work insurance for the coverages described in this Insurance Schedule and shall obtain
certificates of insurance from all such subcontractors and sub-subcontractors. Contractor agrees that it
shall be liable for the failure of a subcontractor and sub-subcontractor to obtain and maintain such
coverage. The City may request a copy of such certificates from the Contractor.
6. All required endorsements shall be attached to the certificate. The certificate is due before the
contract/agreement can be approved.
7. Whenever an ISO form is referenced the current edition must be provided.
8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other
legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are higher than
the required minimum limit, then the contractor's limits shall be this agreemenYs required timits.
9. Contractor shall be responsible for deductibles and self-insured retention for payment of all policy
premiums and other cost associated with the insurance policies required below.
10. All certificates of insurance must include agents name, phone number, and email address.
11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance
policies, including endorsements, required by this Schedule at any time.
12. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the contract, subject to written
mutual agreement attached hereto.
Page 300 of 890
INSURANCE SCHEDULE F (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit$2,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general liability
coverage shall be written in accord with ISO form CG 00 01 or business owners form BP
00 02. All deviations from the standard ISO commercial general liability form CG 00 01
or business owners form BP 00 02 shall be clearly identified.
2} Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate
Limit" or CG 25 03 °Designated Construction Project(s) General Aggregate Limit" as
appropriate.
3) Include endorsement indicating that co�erage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement. (Sample attached).
5) Include additional insured endorsement for:
The City of Dubuque, inGuding all its elected and appointed officials, all its
employees, agents, and volunteers, all its boards, commissions and/or authorities
and their board members, employees, agents, and volunteers. Use ISO form CG 20
10 (Ongoing operations).
6) The additional insured endorsement shall include completed operations under ISO form
CG 20 37 during the project term and for a period of two years after the completion of
the project.
7) Policy shall include Waiver of Right to Recover from Others endorsement.
8) Policy shall include cancellation and material change endorsement providing thirty(30)
days advance written notice of cancellation, non-renewal, reduction in insurance
coverage and/or limits and ten (10) days written notice of non-payment of premium shall
be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, lowa
52001.
9) Contractor and subcontractor shall not use any drone without the prior written approval
of the City of Dubuque. Any drone usage must comply with above liability limits and the
additional insured endorsement must name the City of Dubuque with respect to aircraft
liability coverage.
B) WORKERS' COMPENSATION �EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by lowa Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Page 301 of 890
Coverage B limits shall be greater if required by the umbrellalexcess insurer.
OR
If, by lowa Code Section 85.1A, the Contractor is not required to purchase Workers'
Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of
Workers' Compensation or Employers' Liability Coverage form on file with the lowa
Workers' Compensation Insurance Commissioner, as required by lowa Code Section 87.22.
Completed form must be attached.
C) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned, and hired vehides. If the Contractor's business
does not own any vehicles, coverage is required on non-owned and hired�ehicles.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
D) UMBRELLA/EXCESS LIABILITY
The General Liability, Automobile Liability and Employer's Liability Insurance requirements may
be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the
Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall
include the same endorsements as required of the primary policies including but not limited to
Waiver of Subrogation and Primary and Non-contributory in fa�or of the City.
All Class A contractors with contract values in excess of$10,000,000 must have
umbrella/excess liability coverage of$10,000,000.
All Class A and Class B contractors with contract values between $500,000 and $10,000,000
must have umbrella/excess liability coverage of$3,000,000.
All Class A and B contractors with contract values less than $500,000 must have
umbrella/excess liability coverage of$1,000,000.
All Class C contractors are not required to have umbrella/excess liability coverage.
All contractors performing earth work must have a minimum of$3,000,000 umbrella regardless
of the contract value.
E) POLLUTION LIABILITY
Coverage required: X Yes _No
Pollution liability coverage shall be required if project inv�lves any pollution exposure for
hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos,
or PCB's. Pollution product and complete operations coverage shall also be covered.
Each Occurrence $2,000,000
Page 302 of 890
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees, agents, and volunteers, all its boards, commissions and/or authorities
and their board members, employees and volunteers. Use ISO form CG 20 10.
(Ongoing operations) or its equivalent and CG 20 37 (completed operations) or its
equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
5) Include endorsement indicating that coverage is primary and non-contributory.
6) Policy shall include waiver of right to recovery from others endorsement.
7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability-Broadened
Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles
that transport fuel onto the Owner's property.
F) RAILROAD PROTECTIVE LIABILITY
Coverage required: _Yes X No
Any contract for construction or demolition work on or within fifty feet(50')from the edge of the
tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds,tunnel,
underpass, or crossing, for which an easement, license or indemnification of the railroad is
required, shall require evidence af the following additional coverages.
Railroad Protective Liability:
$ each occurrence (per limits required by Railroad)
$ policy aggregate (per limits required by Railroad)
AND
An endorsement to the Commercial General Liability policy equal to ISO CG 24 17 (Contractual
Liability-Railroads). A copy of this endorsement shall be attached to the certificate of insurance.
Page 303 of 890
lowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which
may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is
requested by this Insurance Schedule may resuft in your waiver of those immunities. If you would like to
preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities
is for your benefit.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv. The insurer 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, Iowa under Code of lowa Section 670.4
as it now exists and as it may be amended from time to time.
2. Claims Coveraqe. The insurer further agrees that this policy of insurance shall cover only those claims
not subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists
and as it may be amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be
covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunitv. 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 insurer.
4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer shall not
deny any of the rights and benefits accruing to the City of Dubuque, 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.
No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or
alter the coverage available under the policy.
Page 304 of 890
EXHIBIT D
LEGAL COMPLIANCE
a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Pa�t 21;
b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
c) Federa�Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq), (prohibits
discrimination on the basis of age);
f� Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
g) The Civil Rights Restoration Act of 1987, (PL 100-209); (broadened the scope, coverage and
applicability of Title VI af the Civil Rights Act of 1964 to include that entities that receive
federal funding must comply with civil rights legislation, including the Civil Rights Act of 1964,
the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, in all
operations, not just in the program or activity receiving federal funding);
h) Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as
implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38;
i) The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
j) Section 1557of the Affordable Care Act (prohibits discrimination on the basis of national
origin);
k) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.)
(prohibits discrimination because of sex in education programs or activities);
I) Drug Abuse Office and Treatment Act of 1972, as amended (21 U.S.C. § 1101 et seq.); and
m) Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as
amended (42 U.S.C. §4541, et seq.).
Page 305 of 890
• •
origin
design'
Task Order No.26-02A
Origin Design Co. (CONSULTANT)
Project No: 2500603
Pursuant to Master Services Agreement dated February 16, 2023
CLIENT:City of Dubuque
Task Information
Task Name: Municipal Service Center Roof Replacement
Task Description
Addition of SUBCONSULTANT services Item A.9 to Task Order 26-02.
Scope of Services
The following additional services will be provided by or under the direct personal supervision of a
Professional Architect or Engineer licensed to practice in the State of lowa.
Design and Construction Documents(Services Added)
9. SUBCONSULTANT shall design a gas detection system in the fleet maintenance bay.
Additional service includes all associated design and CA work associated with gas
detection system.
Compensation
CLIENT shall compensate CONSULTANT for Services under this Task Order as follows:
Design and Construction Documents(services added). Item A.9 For a Lump Sum Fee of
$2,420.00 (two thousand four hundred twenty dollars and zero cents).
This increases the overall lump sum fee for Phase A. Design and Construction Documents from
$67,000.00 to$69,420.00.
CONSULTANT: Origin Design Co. CONSULTANT: Origin Design Co.
i � - - _ ``- ��1�'���������
Mark Fassbinder,AIA, LEED AP Lauren Ray, PE, SE
Architectural Team Leader Vice President/Secretary
Date: 04/29/26 Date: 04/29/26
CLIENT: City of Dubuque
v
Mik Van Milligen
City Manager
Date:
DUBUQUE OFFICE
� ��7� , _. : ��;;�, origindesign.�om
�,��t�� �:,���. 1�:,�,�;,, �,zn�_��i 800556-4491
Page 306 of 890
�
SECOND AMENDMENT
TO
LEASE AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
NEZTROP, LLC
This Second Amendment, dated for reference purposes the ��� day of
a., , 2026, is made and entered into by and between Neztrop, LLC
("Landlord ) and the City of Dubuque, lowa ("Tenant"). '
Whereas, Landlord and Tenant entered into a Lease Agreement dated September
1, 2025; and �
Whereas, the parties now desire to amend the Lease Agreement as stated herein.
NOW, THEREFORE, IT I5 AGREEMENT BY AND BETWEEN THE PARTIES AS
FOLLOWS:
Section 1. Section 1 af the Lease agreemen# is amended #o read as follows:
SECTION 1. PREMISES AND TERM. Landlord leases to Tenant the following real
estate, situated in Dubuque County, lowa:
Lot 2 of Stone Brook Center Second Addition in the City of Dubuque, Dubuque
County, lowa
for a term beginning on the 1St day of September 2025 until midnight on the 31St day of
July, 2026.
5ection 2. All other terms and canditions of the Lease Agreement shall remain
in full force and effect.
CITY OF DUBUQUE, IOWA NEZTROP, LLC
�
By: 1�' By:
�,�,'� -
Micha I C. Van Milligen, ity Manager
Page 307 of 890
Master Services Agreement
1. Article 1—Agreement
1.1. This Agreement is effective as of(Date)_January 19t''2026 by and between(Customer
Name) The City of Dubuquehereinafter called"Customer" , and Communication
Engineering Company hereinafter called"CEC", a corporation under the laws of the State of
Iowa, for any services provided by CEC for the benefit of the Customer. This Agreement is
effective for all Statements of Work between CEC and Customer that are outstanding during
the term of this Agreement, including Statements of Work that were executory as of the
effective date of this Agreement and those executed at any time during the term of this
Agreement. The terms of this Agreement shall control over any contrary terms and
conditions contained in any Statement of Work that is executory as of the date of this
Agreement.
2. Article 2—General Provisions
2.1. DEFINITIONS.
2.1.1. For the purposes of this Agreement, the term "Customer" shall include named
entity in Article 1 and all its subsidiaries, affiliates, and controlled entities (collectively
referred to as "Subsidiaries"). Each Subsidiary shall be considered a party to this
Agreement and shall have the same rights and obligations as the Customer under this
Agreement.
2.1.2. `Business Days" are all Days, except weekends and official federal or state
holidays where the project is located.
2.1.3. "Customer"is identified in Article 1.
2.1.4. "CEC"is identified in Article 1.
2.1.5. "Day"means a calendar day.
2.1.6. "Laws"means federal, state, and locallaws, ardinances,bylaws, codes,rules,
and regulations applicable to the Services and with which CEC and its deliverables
must comply that are enacted as of the Agreement date.
2.1.7. "Parties"means the Customer and CEC collectively.
2.1.8. "Services"means the services provided by CEC or by Subcontractors retained by
CEC, as detailed in a Statement of Wark.
2.1.9. "Subcontractor"is a person or entity retained by CEC as an independent
contractor to provide the labor,materials, equipment, or services necessary to complete
a specific portion of the Services under this Agreement.
2.110. "Worksite"means the aggregate geographical area that the Services shall
be performed at.
2.2. HEADINGS. Section headings are inserted for convenience only and shall not be used in
any way to construe the meaning of terms used in this Agreement.
2.3. SERVICES. CEC shall furnish or provide the Services in accordance with the Customer's
requirements, as defined and described in each written statement of work(the "SOW") as
may be entered into between the Customer and CEC from time to time. Each Quote shall
detail CEC's compensation for the Services contained in each SOW and the terms in which
such compensarion shall be paid, all consistent with this Agreement. A Quote or SOW shall
1
v2024.1
Page 308 of 890
be deemed accepted only if signed by the Customer and CEC and each signed SOW shall be
deemed incorporated into this Agreement. In the event there is a conflict between this
Agreement and any Quote or SOW,the terms of this Agreement shall control, unless the
SOW explicitly provides that the terms of the SOW shall govern. Any reference herein to
this Agreement shall include each SOW, as if set forth herein verbatim. Services shall be
performed in accordance with the standard of professional skill and care required of CECs in
all relevant disciplines for a project of comparable size, scope, and complexity, during the
time in which the Services are provided and outlined within a SOW.
2.4. TERM OF AGREEMENT. This Agreement shall terminate in accordance with Article 9
provided below
2.5. RELATIONSHIP OF THE PARTIES. CEC accepts an independent contractor relationship
of trust and confidence with the Customer for this Agreement and will cooperate and
exercise the skill and judgment required above in furthering the interests of the Customer.
CEC represents that it possesses the skill, expertise, and licensing to perform the Services.
The Customer and CEC agree to work together based on mutual trust, good faith, and fair
dealing, and shall take actions reasonably necessary to enable each other to perform this
Agreement in a timely, efficient, and economical manner. The Customer and CEC shall
endeavor to promote harmony and cooperation among all participants in any applicable
project.Neither CEC nor any of its agents or employees shall act on behalf of ar in the name
of the Customer, except as provided in this Agreement or unless authorized in writing by the
Customer.
2.5.1. CEC shall not be responsible for the acts or omissions of the Customer or its
agents or employees, or any other persons or entities performing work on the project
who are not under the direct or indirect control or authority of CEC.
2.5.2. The Customer shall not be responsible for the acts or omissions of CEC,
Subcontractors, agents, or employees of any of them, or any other persons or entities
performing work on the project who are not under the direct or indirect control or
authority of the Customer.
2.53. The Customer and CEC shall perform their obligations with integrity, ensuring at
a minimum that: (1)each avoids conflicts of interest and discloses any promptly to the
other Party; and(2) each warrants that it has not and shall not pay nor receive any
contingent fees or gratuities to or from the other Party, including its agents, officers,
and employees, Subcontractors, or others for whom they may be liable, to secure
preferential treatment.
2.6. CONFIDENTIALITY. Parties shall treat as confidential and not disclose to third parties,
except as necessary for the performance of this Agreement or as required by law, or use for
its own benefit, any confidential information,know-how, discoveries,production methods,
routes, design systems and the like that are so identified in writing and disclosed to either
party or which either party acquires during performance of the Services required by this
Agreement. Parties shall include the same obligation in all agreements with Subcontractors.
The Customer shall treat as confidential information all design systems that may be
disclosed to the Customer in connection with the performance of this Agreement. The
Customer and CEC shall each specify those items to be treated as confidential and shall
mark them as "Confidential."
2.6.1. The term"Confidential Information" shall refer to any business information or
data(including without limitation specifications, drawings, sketches,models, samples,
tools,technical information, or pricing and contract terms)in written or other tangible
form that is clearly marked"Confidential"(or otherwise clearly identified as
2
v2024.1
Page 309 of 890
confidential). Confidential Information shall not include any information that(1)is or
becomes publicly available other than by breach of this provision; (2)was rightfully in
the receiving Party's possession prior to the disclosure under this Agreement; (3)is
rightfully obtained by the receiving Party from a third party under no obligation of
confidentiality to the disclosing Party; (4)is independently developed by agents or
employees of the receiving Party without access to the Confidential Information; ar(5)
is required to be disclosed by appropriate governmental or judicial order provided that
the receiving Party gives the disclosing Party written notice prior to such required
disclosure.
2.6.2. During the term of this Agreement and for five (5) years thereafter, each Party
shall treat the Confidential Information of the other party with the same degree of care
it uses to protect its own Confidential Information and shall not disclose such
Confidential Information without the prior written consent of the other Party.
3. Article 3 - CEC's Responsibilities
3.1. QUALIFICATIONS. CEC warrants and represents that CEC, and its Subcontractors are,
during the period in which they are providing the Services, duly qualified,licensed,
registered, and authorized by law to perform the Services under this Agreement.
3.2. SUBCONTRCATORS. Except as limited in a SOW, CEC is permitted to engage at its sole
expense Subcontractars to fulfill CEC's obligations hereunder. There shall be no contractual
relationship between the Customer and any such Subcontractor, except that the Customer
shall be considered the intended beneficiary of the performance of their services,unless the
Customer has engaged directly with the Subcontractor. CEC shall bind its Subcontractors in
the same manner as CEC is bound to the Customer under this Agreement.
3.3. CEC'S REPRESENTATIVE. CEC shall designate an Executive Sales Representative from
time to time and notify the Customer of the same. The Representative shall possess full
authority to receive and act on instructions from the Customer on all account-related requests
or inquiries. A Service and/or Project Representative will be designated per engagement and
will be outlined in a Quote or SOW. Service and Project Representatives will have authority
for services and projects outlined within a Quote or SOW. If CEC changes its representative
or their authority, CEC shall notify the Customer in writing with updated contact
information.
3.4. ROYALTIES, PENALTIES,AND COPYRIGHTS. Except as otherwise provided in this
Agreement, CEC shall grant Customer access and use of design documentation prepared by
CEC to other parties retained by the Customer to perform services. CEC shall pay all
royalties and license fees which may be due to the inclusion of any patented or copyrighted
materials,methods, or systems selected by CEC and incorporated into the design documents
of CEC, during the terms of any associated SOWs. CEC warrants that it possesses the
copyright or permission to use the copyright of materials,methods, or systems selected by
CEC and incorporated in the design documents of CEC. CEC shall defend,indemnify, and
hold the Customer harmless from all suits or claims for infringement of any patent rights or
copyrights arising out of such selection.
4. Article 4—Customer's Responsibilities
4.1. INFORMATION PROVIDED BY CUSTOMER.
4.1.1. To the extent the Customer has obtained the information identified below, the
Customer shall provide it to CEC in a timely manner. This information is made
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available upon request and is utilized as is, with the understanding that CEC may need
to gather additional information:
4.11.1. Information describing the physical characteristics of the Worksite,
including surveys, Worksite evaluations, legal descriptions, existing conditions,
reports, and investigations.
4.1.1.2. The Customer shall promptly report to CEC errors, inconsistencies, and
omissions it discovers in the deliverables; however,nothing in this subsection
shall relieve CEC of responsibility for its own errors, inconsistencies, and
omissions.
4.2. CUSTOMER REPRESENTATIVE. The Customer shall designate a representative from
time to time and notify CEC of the same. The representative shall be fully acquainted with
all projects being worked on with CEC or an assigned project representative per SOW;
agrees to furnish the information and services required of the Customer pursuant to section
4.1 in a timely manner; and shall have authority to bind the Customer in all matters requiring
the Customer's approval, authorization, or written notice. If the Customer changes its
representative or their authority,the Customer shall immediately notify CEC in writing.
4.3. ACCESS AND PERMISSION LEVELS. CEC shall have reasonable access to the Worksites
at reasonable times,but only to the extent the Customer itself has such access. The Customer
shall provide appropriate permission levels for data and network access as needed to
complete work outlined within SOWs. CEC may seek additional access only after receiving
express permission from the Customer to do so. If the Customer gives such permission, CEC
shall promptly document all its actions to obtain such additional access and all access
obtained as a result of such actions.
5. Article 5—Time,Warranty and Liability
5.L TIMING OF SERVICES. CEC shall provide the Services as outlined in a SOW,with the
timing provided in a Project Plan and agreed to by Parties. The timing of services may
change at any point based on availability of materials.
5.2. STATEMENT OF WORK(SOW)PROCESS. The specific terms and scope of individual
projects or engagements will be included and described in a SOW. This will be agreed to and
signed by the Parties for each project or engagement.
5.2.1. Amendments. If circumstances change so as to affect, or the Parties agree to
changes affecting,the scope of performance,the parties shall make any necessary
equitable adjustment in the price, delivery schedule, or both, and amend the associated
Quote and SOW to reflect such changes in a change order or other writing signed by
authorized representatives of both Parties and that references the original Quote or
SOW. The Parties may otherwise amend this Agreement, including without limitation
these Terms and Conditions, only by written agreement signed by an authorized agent
of each party.
5.3. DELAYS BY CEC. CEC will wark to the schedule outlined within a Project Schedule. If
delays or changes to the schedule are required, CEC will work to update the Project
Schedule. Any changes to the schedule,in or out of CECs control,will be communicated in
writing to the Customer.
5.4. DELAYS BY CUSTOMER. If CEC is delayed in the performance of its Services by any act
or omission of the Customer, or by changes ordered by the Customer which are due to
causes beyond CECs control, or by a delay caused by the Customer or others in the
performance of the project,then the time allotted in the applicable SOW or Project Schedule
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for CEC's Services shall be extended for the period of such delay or the Customer shall
authorize CEC to work overtime to make up such lost time, and CEC's compensation for
Services performed after CEC's notice of delay shall be equitably adjusted. CEC shall
provide prompt written notice to the Customer of such delay after CEC first recognizes such
delay.
5.5. LIMITED MUTUAL WAIVER OF DAMAGES. In no event shall Customer or CEC be
liable to the other for any unforeseeable special, consequential, incidental,indirect, punitive,
or exemplary damages, including without limitation loss of profit or revenue; loss of use of
an applicable project or any associated equipment; cost of capital; cost of substitute goods or
services, facilities, services, or replacement; downtime costs or claims of customers or
clients for breach of this Agreement.
5.6. LIMITATION OF LIABILITY. The total liability of CEC, including its affiliates, agents,
officers, directors, employees, vendors, subcontractors, or suppliers, for all direct or indirect
claims of any kind for any loss, cost, expense,liabilities, or damage,whether in contract,
warranty,tort(including without limitation negligence), strict liability, equity or otherwise,
directly or indirectly arising out of, connected with, or resulting from the performance or
non-performance of this Agreement or from the furnishing of Services pursuant to this
Agreement shall be limited to the insurance coverage outlined in the attached"Insurance
Schedule F".
5.7. WARRANTIES. Except as explicitly provided below, CEC disclaims all express or implied
warranties,whether written or oral, expressed or implied, statutory or otherwise including,
but not limited to, any warranty or merchantability or fitness for a particular purpose. The
terms of the warranties under this Section shall survive the termination of this Agreement.
CEC provides the following SOLE and EXCLUSIVE warranties for the Customer.
5.7.1. Warranty for Any Equipment Provided Pursuant to Quotes and SOWs. The
Equipment provided by CEC to Customer pursuant to Quotes and SOWs will be
covered only by the manufacturer's warranty far such Equipment,which CEC shall
provide to Customer. Except as warranted by the manufacturer and only to the extent
expressly provided by manufacturer's warranty, equipment customer purchases
pursuant to Quotes and SOWs is provided"as is."CEC disclaims all express or implied
warranties,including,but not limited to, all warranties of inerchantability and fitness
for a particular purpose. Customer waives the right to assert any breach of warranty
against CEC and agrees that its sole and exclusive remedy far any breach of warranty
with respect to any Equipment shall be against the manufacturer of such equipment.
Any equipment installed by CEC in the course of performing the Work hereunder shall
only carry such warranty as is provided by the manufacturer thereof,which CEC hereby
assigns to Customer without recourse to CEC. Upon request of Customer, CEC will use
commercially reasonable efforts to assist Customer in enforcing any such third-party
warranties. This warranty excludes remedy for damage or defect caused by abuse,
modifications not executed by CEC, improper or insufficient maintenance, improper
operation, or normal wear and tear under normal usage.
5.7.2. Warranty for Any Services Provided Pursuant to Quotes and SOWs. CEC
warrants its workmanship for the life of the installation pursuant to the Quote and
SOW. The Customer agrees that the sole and exclusive remedy for any breach of the
warranty provided in this, Section 5.7.2. shall be to require CEC (or a third party
authorizedby CEC)to re-perform the Services that are subject of such breach to the
standards agreed to in the applicable Quote or SOW and at no additional cost to
Customer. The warranty provided herein excludes abuse,modification, improper
maintenance or operation,normal wear and tear under normal usage and is void after
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any party(other than CEC or a third party authorized by CEC)provides repairs or
services. No further warranties or guaranties, express or implied, are made with respect
to any goods ar services provided under this agreement, and any implied warranties of
merchantability or fitness for a particular purpose are expressly disclaimed.
5.7.3. The warranty provided by the manufacturer is the sole warranty for software,
operating systems, applications, or other intellectual property provided under this
Agreement.
5.8. LIMITATION OF SCOPE. CEC shall have no liability or responsibility to Customer or any
other persons or entities with respect to or arising in connection with this Agreement or any
cyber security,breach of cyber security, data breach, hacking,phishing, compromise,
ransomware, or other similar breach or failure. Customer hereby waives, discharges,releases
and disclaims any right, claim, or theory of recovery, any loss, cost, expense, liabilities, or
damage, whether in contract,warranty,tort(including without limitations negligence), strict
liability, equity or otherwise, directly or indirectly arising out of, connected with any
monitoring services related to or arising in connection with this Agreement or any cyber
security,breach of cyber security, data breach, hacking,phishing, compromise,ransomware
or other similar breach or failure.
5.9. CONFLICT. The terms of this Article shall apply notwithstanding any other provisions of
this Agreement and shall survive the termination of this Agreement.
6. Article 6—Invoice Options, Service and Equipment
6.L INVOICING OPTIONS include the following but are not limited to:
Invoice Type Description Contract Term/Type
Pre-paid Customer purchases a block of prepaid service/support time at Upon invoice receipt
a fixed dollar amount. Service hours are tracked against tickets.
Monthly statements provide account balance until dollars are
depleted.
Progress Customer agrees to milestone payments based on the Statement Down payments due at
of Work and percent of wark complete at a given date invoice.Progress
payments Net 30.
Recurring Customer agrees to a service/support agreement covering a Net 30 days.
specific period of time. The payment is recurring by month or
annually depending on the service.
Subscription Customer's hardware, software and service are bundled into a Net 30 days.
multi-year subscription payment.Billing occurs monthly.
6.2. CONDITIONS, CLARIFICATIONS and SPECIAL PROVISIONS REGARDING ANY
SERVICES PROVIDED PURSUANT TO THIS AGREEMENT The provisions herein shall
apply to all services to be provided by CEC regardless of whether the equipment to be
serviced is provided by CEC or a third party.
6.21. Performance of Services. CEC may,in its sole discretion, and at its sole expense,
appoint a Subcontractor to perform any Services on behalf of and for CEC. CEC(or a
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CEC-appointed Subcontractor)will meet all response times,including both callback
and onsite times, and will service any equipment pursuant to a Quote or SOW. CEC
shall have responsibility for the supervision of its staff, or any Subcontractors assigned
to perform any Services by CEC. CEC will perform its own clean-up and will not be
liable for any clean-up done by others, except for CEC's Subcontractors. Unless
otherwise provided in a Quote or SOW, all Services will be performed during normal
business hours (7:30 a.m. to 4:30 p.m. Monday through Friday, excluding CEC's
designated holidays). If the Customer requests performance of any Service outside of
such hours, Customer shall be responsible for any additional costs incurred as a result
(including without limitation any overtime pay).
6.2.2. Unauthorized Services. Customer shall not attempt to service any equipment that
CEC services pursuant to a Quote or SOW and shall not permit third parties not
autharized by CEC to service such equipment. Upon such unauthorized service CEC
may,in its sole discretion, immediately void warranties and/or terminate Services as to
such equipment, and Customer shall have no right to a refund or to offset payment as a
result of such termination.
6.2.3. Installation Other Than by CEC. With respect to any equipment to be serviced by
CEC that was installed by any party other than CEC(or a Subcontractor of CEC),or
having been installed by CEC was subsequently serviced by any party other than CEC
(or a Subcontractor of CEC), Customer warrants that to the best of Customer's
knowledge such equipment was installed and/or serviced according to the
manufacturer's specifications and as of the Effective Date of this Agreement such
equipment is operating according to the manufacturer's specifications.
6.2.3.1. Exclusions. Any Services provided by CEC(or a Subcontractor of CEC)
that are not system-related or not covered by a Quote or SOW, will be billed to
Customer at CEC's then current Time and Materials rates. The following are
excluded from Services provided pursuant to a Quote or SOW:
6.2.3.1.1. Specific items excluded from standard maintenance
Seroices include non-serviceable and consumable items
without limitation: base station antenna;base station
transmission lines; base station multi-coupler;tower or tower
lighting; external power supply system and/or battery;pager
ar portable batteries and accessories(speaker mics, etc.);
reprogramming of equipment with different parameters;
diagnostics to locate external interfering signals; and CCTV
video tube.
6.2.3.1.2. CEC has no responsibility for telephone and network
lines, even when used in conjunction with equipment.Upon
request and mutual agreement of the Parties, CEC will, at
CEC's then current Time and Materials rates, assist the
telephone/network company in repairing problems.
6.2.4. Any Services required as a result of configuration changes made or attempted by
Customer or third parties unauthorized by CEC are excluded from the Agreement.
6.2.5. All project work performed by CEC must be scheduled through their Project
Management Office(PMO), allowing adequate lead time for equipment delivery and
scheduling of workforce. Upon the project award CEC's PMO will contact the
Customer to confirm project timelines and availability of resources. All other service
requests will be funneled to CEC's customer support for scheduling.
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6.3. CUSTOMER SUPPORT REQUESTS Customer can contact CEC's customer support as
follows:
63.1. Phone—866.423.2247
6.3.2. E-mail—CSC(cr�,CECInfo.com
6.3.3. Portal—MyCEC Service Portal provided by CEC so Customer can initiate,track,
and communicate with CEC service team about open tickets.
6.4. SERVICE RESPONSE times are based upon the Seroice level agreed to by Parties outlined
within a Quote or SOW.
6.5. EQUIPMENT purchases will be outlined within a Quote and will only be placed on order
after written approval or PO is received by CEC.
6.51. Equipment not installed by or under the supervision of CEC: Delivery of
equipment not to be installed by or under the supervision of CEC shall be F.O.B. at the
manufacturer's factory,warehouse, or office selected by CEC, and CEC shall not be
liable for damage or loss of such Equipment after delivery to the point of shipment.
6.5.2. Equipment installed by or under the supervision of CEC: Delivery of equipment
that shall be installed by or under the supervision of CEC shall be freight as stated in
the Quote, and CEC shall not be liable for damage or loss of such Equipment after
delivery to the site of installation. If any such equipment is damaged or destroyed, other
than by the fault of CEC, after delivery to the site of installation but prior to full
performance by CEC, Customer shall promptly pay or reimburse CEC,in addition to
any other fees, an amount equal to the damage or loss. It shall be the Customer's sole
obligation to maintain the security and quality of any equipment following delivery.
6.5.3. Return of equipment for credit, exchange, or repair: Equipment returned for
credit, exchange, or repair shall not be accepted without prior authorization from CEC
and any credit shall not exceed the original billed price. Equipment returned without
authorization will be refused and returned(shipping paid for by the Customer).
Equipment returned in a condition other than that specified in the return authorization
will be credited on the basis of inspection. A restocking charge of 20% of the original
billed cost of the returned equipment ar$20.00,whichever is greater,wi11 apply to all
equipment returned for credit.
6.5.3.1. Equipment returns are at the sole discretion of CEC. While every effort
will be made,manufacturer and distributor acceptance along with CECs ability to
resell product will all be factored into the return process.
6.5.4. Claims for Shortage: Customer must report to CEC any claim for shortage or
other non-conformance within 10 calendar days of receipt of the equipment.
7. Article 7—Compensation and Payments
7.1. COMPENSATION. The Customer shall compensate CEC the amount and in accordance
with payment terms as outlined in the applicable Quote or SOW.
7.2. ADDITIONAL SERVICES AND REIMBURSEABLE EXPENSES. CEC shall be
compensated for services beyond a Quote or SOW, on a lump sum or cost reimbursable
basis, as the Parties may agree by change order.
7.2.1. Either Party may request a change to the Services as set out in a SOW. A change
to the Services will be effective only when a Change Order Request Form is agreed to
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by both Parties. The Parties agree to act in good faith with respect to change requests
and will not unreasonably delay or withhold consent.
7.2.2. Quotes and SOWs are assumed at a standard installation schedule. Any
expedited deliveries or installation schedules are not included and will incur additional
charges unless specified within a Quote or SOW.
7.2.3. Where the Fees are calculated on a time and materials (T&M)basis CEC's fee
rates for each individual person will be calculated off current rates below but subject to
change:
Role Rate
Test&Inspect Discrepancy Service Labor $158.00
Technician I 160.00
Technician II 203.00
Technician III $246.00
Master Systems Technician $247.00
Development&Engineering Labor $218.00
Clinical Application Specialist $264.00
7.2.4. T&M Fees carry a 2-hour minimum charge for all Dispatched Service Calls.
Carry-in service and in-house bench repairs are subject to a 0.25 hour minimum charge.
7.2.5. Overtime is charged at one-and-one-half times normal rates for work performed
outside CEC's normal work hours (7:30AM-4:30PM,M-F) and at double-time on
CEC's designated holidays. OT is first applied to actual work performed and then to
travel time if necessary.
7.2.6. A service trip charge will be accessed for each round trip to/from the service
location. Other travel expenses such as airfare, lodging,rental cars,parking, and other
travel related fees will be charged at actual cost plus a 5% administrative fee. The daily
per diem fee for meals is $50/day subject to adjustment for international travel, and
subject to change on an annual basis.
7.2.7. CEC will also be entitled to charge the Customer for any delays incurred by CEC
employees and their Subcontractors due to escorts, clearances, inabiliry to enter
workspace, and other factors beyond their control will be invoiced at current labor rates.
7.3. LIENS
7.3.1. Prior to final payment to CEC, CEC shall furnish evidence satisfactory to the
Customer that there are no claims, obligations, or liens outstanding in connection with
its Services. Acceptance of final payment shall constitute a waiver of all claims by CEC
for compensation for its Services.
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7.3.2. Should there be any claim, obligation, or lien asserted before or after final
payment is made by CEC's Subcontractors or other claims claiming through CEC
arising out of CEC's Services, CEC shall reimburse,indemnify, and hold harmless the
Customer for any costs and expenses,including attorneys' fees, costs, and expenses,
incurred by the Customer in satisfying, discharging, or defending against any such
claim, obligation, or lien, including any action brought or judgment recovered,provided
the Customer is making payments or has made payments to CEC in accordance with the
terms of this Agreement.
73.3. Should CEC or its Subcontractors cause damage or fail to perform or otherwise
be in default under the terms of this Agreement, Customer shall provide written notice
of breach and withholding prior to funds withheld. CEC or its Subcontractors shall have
30 days to cure breach. If the cure is not in place, Customer may withhold funds.
Payment of the amount withheld shall be made when the grounds for the withholding
have been removed.
7.4. LATE PAYMENT. If the Customer fails to pay any amounts due within 30 days of its due
date,the Customer shall be charged interest at a rate of 1.5%per month(or any part thereo�
on the outstanding principle, until such principle and any accrued interest is paid. CEC
reserves the right to apply any payments first towards outstanding interest. If Customer is 60
days or more delinquent in its payment, such delinquency may, in CEC's sole discretion,be
considered a material breach hereunder and CEC may either suspend performance until
Customer becomes current or terminate this Agreement(neither of which shall affect any
other rights or remedies available to CEC). If Customer is 90 days or more delinquent, CEC
may, upon 30 days' notice,remove from Customer's premises all Equipment listed on the
Quote and SOW,provided further that if CEC chooses such removal, CEC shall not be
obligated to restore Customer's premises to their original condition. Customer shall pay all
costs and expenses of collection(or removal of Equipment)pursuant to this subsection,
including attorneys' fees or collection agency's fees, out-of-pocket expenses,labor
(including without limitation those assessed for removal), and interest. Customer shall
receive credit for any removed Equipment pursuant to the provision herein regarding Return
of Equipment.
7.5. TAXES. Any and all taxes, except income taxes,imposed or assessed by reason of this
Agreement or its performance, including but not limited to sales or use taxes, shall be paid
by Customer, and shall be included in invoices. Those agencies or businesses that do not pay
sales tax must submit their exempt or resale number.
7.6. PAYMENT PROCESSING SURCHARGE. CEC will apply a surcharge to any credit card
payments to cover the fees imposed by credit card companies.
7.7. SUPPLY CHAIN SURCHARGE. At CEC's discretion, CEC may apply Manufacturer
and/or Distributor initiated surcharge(s)to any equipment order.
7.8. PRICING. CEC reserves the right to change pricing at any time without notice.
8. Article 8—Indemnity and Insurance
8.1. INDEMNITY.
8.1.1. To the fullest extent permitted by law, CEC shall indemnify and hold harmless
the Customer, the Customer's officers, directors,members, agents, and employees(the
"Indemnitees")from and against all claims, losses, damages,liabilities, including
reasonable attorney's fees, costs, and expenses, for bodily injury, sickness, or death, and
properry damage that may arise from the performance of or the failure to perform
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Seroices under this Agreement,but only to the extent caused by the negligent acts or
omissions of CEC, CEC's Subcontractors, or anyone employed directly or indirectly by
any of them or by anyone for whose acts any of them may be liable. In any and all
claims against the Indemnitees by any employee of CEC, anyone directly or indirectly
employed by CEC or anyone for whose acts CEC may be liable,the indemnification
obligation shall not be limited in any way by any limitation on the amount or type of
damages, compensation,or benefits payable by or for CEC under Workers'
Compensation acts, disability benefit acts, or other employee benefit acts.
8.1.2. To the fullest extent permitted by law, the Customer shall indemnify and hold
harmless CEC, CEC's Subcontractors, CEC's officers, directors,members,
shareholders, agents, and employees from and against all claims,losses, damages,
liabilities,including reasonable attorney fees, costs, and expenses for bodily injury,
sickness, or death, and property damage that may arise due to the negligent acts or
omissions of the Customer,the Customer's agents, other than CEC or CECs
Subcontractors, or anyone employed directly or indirectly by one of them or by anyone
for whose acts any of them may be liable. In any and all claims against the indemnified
parties by any employee of the Customer, anyone directly or indirectly employed by the
Customer or anyone for whose acts the Customer may be liable,the indemnification
obligation shall not be limited in any way by any limitation on the amount or type of
damages, compensation,or benefits payable by or for the Customer under Workers'
Compensation acts, disability benefit acts, or other employee benefit acts.
8.2. INSURANCE.
8.2.1. Before commencing its Services and as a condirion precedent to payment, CEC
at its own expense shall purchase and maintain insurance as described in the attached
Insurance Schedule.
8.2.2. At a minimum, Customer shall maintain insurance on all real property and
improvements where any Equipment is installed or CEC is performing any Services,
and such insurance shall be for the full replacement cost of such real property and
improvements. Customer waives all rights against CEC and CEC's officers, directors,
partners, shareholders, employees, agents, and other agents of CEC and its
Subcontractors for all losses and damages caused by, arising out of or resulting from
any of the perils or causes of loss covered by such insurance policy. Customer waives
all rights against CEC and CEC's officers, directors,partners, shareholders, employees,
and other CEC agents and Subcontractors for loss due to business interruption, loss of
use, or other consequential loss extending beyond direct physical loss or damage to
Customer's property caused by, arising out of or resulting from fire or other peril
whether or not insured by Customer.
8.2.3. Any insurance policy maintained by Customer as described in Section 8.2.2. shall
contain provisions to the effect that in the event of payment of any such loss, damage,
or consequential loss,the property insurer will have no rights of recovery against CEC
or CEC's officers, directors,partners, shareholders, employees, and other CEC agents
and Subcontractors.
8.2.4. Title to the Work,including any materials comprising the Wark, shall pass to
Customer as the Wark is completed and the materials are incorporated into the Work at
Customer's site. If materials are stored earlier on Customer's site pursuant to agreement
between Customer and CEC, title with respect to such materials shall pass to Customer
upon delivery to Customer site.
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9. Article 9—Termination
9.1. TERMINATION BY EITHER PARTY. The termination provisions of this agreement are
determined by whether the customer has elected to finance the payment or purchase
obligations of this agreement with a Subscription Seroices Agreement.
9.1.1. In the event that Customer enters into a Subscription Service Agreement in
connection with this agreement or purchase of equipment,then this agreement is non-
cancelable and irrevocable, and it cannot be terminated during the period of time that
the Subscription Service Agreement is effective and in place, and the terms and
conditions of any such Subscription Service Agreement are incorporated into this
Agreement.
9.1.2. In the event that Customer does not enter into a Subscription Service Agreement,
then this Agreement shall terminate upon the earlier of(1) CEC and Customer
substantially performing all of their respective obligations under open Quotes and
SOWs, or(2)thirty(30) days after either Party provides written notice to the other
Party that the Agreement is terminated. Either Party may terminate this Agreement
pursuant to part(9.1.2.)(2)of this subsection for any reason,provided that if Customer
so terminates this Agreement, Customer shall pay CEC for all Equipment received
and/or delivered, Services performed, and direct expenses incurred by CEC in
connection with the Agreement(including without limitation manufacturer service
contracts purchased in connection with the Agreement)prior to the termination date.
9.2. BREACH. Should either Party be in material breach of this Agreement,the other Party
may give written notice to the breaching Party that it intends to terminate this Agreement by
default absent appropriate corrective action upon thirty(30)Days from receipt. Such notice
shall include a detailed explanation of why such breach or other failure constitutes a
violation of this Agreement. Upon such time and absent appropriate corrective action,the
non-breaching party may terminate this Agreement in writing.
10. Article 10—Dispute Resolution
10.1. DIRECT DISCUSSIONS. If the Parties cannot reach resolution on a matter relating to or
arising out of this Agreement,the Parties shall endeavor to reach resolution through good
faith direct discussions between the Parties'representatives,who shall possess the necessary
authority to resolve such matter and who shall record the date of first discussions. If the
Parties'representatives are not able to resolve such matter within five(5) Business Days of
the date of first discussion,the Parties'representatives shall immediately inform seniar
executives of the Parties in writing that resolution was not affected. Upon receipt of such
notice,the senior executives of the Parties shall meet within five(5)Business Days to
endeavor to reach resolution. If the dispute remains unresolved after fifteen(15)Days from
the date of first discussion,the Parties shall submit such matter to the dispute mitigation and
dispute resolution procedures selected herein.
10.2. MEDIATION. If direct discussions pursuant to section 10.3 do not result in resolution of
the matter,the Parties sha11 endeavor to resolve the matter by mediation through the current
Commercial Industry Mediation Rules of the American Arbitration Association. The
administration of the mediation shall be as mutually agreed by the Parties. The mediation
shall be convened within thirty(30)Days of the matter first being discussed and shall
conclude within forty-five (45)Business Days of the matter first being discussed. Either
Party may terminate the mediation at any time after the first session by written notice to the
non-terminating Party and mediator. The costs of the mediation shall be shared equally by
both Parties.
10.3. BINDING DISPUTE RESOLUTION. If the matter is unresolved after submission of the
matter to a mitigation procedure or to mediation,the Parties shall submit the matter to the
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arbitration under the current Commercial Industry Arbitration Rules of the AAA and
administered by the AAA.
10.3.1. Costs. The costs of any binding dispute resolution procedures and reasonable
attorneys' fees shall be borne by the non-prevailing Party, as determined by the
adjudicator of the dispute.
103.2. Tlenue. The sole venue of any binding dispute resolution procedure shall be in the
City of Dubuque, Iowa,unless the Parties agree on a different mutually convenient
location.
10.3.3. Limitation. Neither Pariy may commence arbitration if the claim or cause of
action would be barred by the applicable statute of limitations had the claim or cause of
action been filed in a state or federal court or if barred by the time limits provided
herein. Receipt of a demand for arbitration by the person or entity administering the
arbitration shall constitute the commencement of legal proceedings for the purposes of
determining whether a claim or cause of action is barred by the applicable statute of
limitations or any time limits provided herein. If,however, a state or federal court
exercising jurisdiction over a timely filed claim or cause of action orders that the claim
or cause of action be submitted to arbitration, the arbitration proceeding shall be
deemed commenced as of the date the court action was filed,provided that the Party
asserting the claim or cause of action files its demand for arbitration with the person or
entity administering the arbitration within thirty(30)Days after the entry of such order.
10.3.4. Final. An award entered in an arbitration proceeding pursuant to this Agreement
shall be final and binding upon the Parties,and judgment may be entered upon an award
in any court having jurisdiction.
10.4. MULTIPARTY PROCEEDINGS. The Customer and CEC agree that all parties
necessary to resolve a claim shall be parties to the same dispute resolution procedure.
Appropriate provisions shall be included in all other contracts relating to each project to
provide for the joinder or consolidation of such dispute resolution procedures.
ll. Article ll —Miscellaneous.
ll.1. ASSIGNMENT. No assignment or transfer,in whole or in part, of this Agreement by the
Customer shall be binding upon CEC without the prior written consent of CEC's
representative.
11.2. GOVERNING LAW. This Agreement and the rights and duties of the parties shall be
governed and interpreted in accordance with the laws of the State of Iowa without regarding
to its conflict of law provisions. Any court proceedings or litigation arising out of or
pertaining to this Agreement shall be brought only in the Iowa District Court for Dubuque
County, Iowa. Each of the Parties hereto consent and submit to the sole jurisdiction of that
court and further agree that the seroice of any process, summons,notice, or document in the
manner set forth for notices required or permitted under this Agreement shall be effective
service for purposes of any litigation in any such court.
11.3. THIRD-PARTY ALARM MONITORING SERVICES. Any such alarm monitoring
services shall be provided by a separate agreement with a company or companies which
furnish alarm monitoring services. CEC has no responsibility or liability with respect to any
alarm monitoring services, and Customer releases and discharges CEC with respect to any
and all alarm monitoring services.
11.4. NO THIRD-PARTY BENEFICIARIES; RELATIONSHIP BETWEEN PARTIES. This
Agreement is solely for the benefit of the Parties hereto.No other person shall be deemed a
13
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Page 320 of 890
beneficiary of or otherwise have the right to enforce the Agreement. Customer and CEC
hereby specifically agree and acknowledge that CEC is not an employee or agent of
Customer.
11.5. FORCE MAJEURE. CEC shall not be considered in default of its performance of its
obligations hereunder, if performance of such obligations is prevented or delayed by
insurmountable circumstances, such as: delay in the production, delivery, supervision or
installation of any of the labor and equipment covered hereby if such delay shall be due to
one or more of the following causes: fire, strike,labor dispute with workmen, flood and
other acts of God, COVID, virus,pandemic or other related medical conditions or
emergencies, accident, delay in transportation, shortage of fuel, inability to obtain material,
war, embargo, demand or requirement of the United States or any governmental or war
activity, or any other cause whatsoever beyond the reasonable control of CEC. Both parties
shall make every reasonable effort to reschedule the project within reasonable timelines. If
cancelled,work performed to date along with expenses, equipment cost(s), staging, storage,
and other itemized costs related to the contract shall be reimbursed to CEC.
11.5.1. Waiver of Remedies: CEC enacts waiver of remedies for delivery and usage.
Example: Following every measure of best commercial effort,if it remains impossible
or commercially reasonable to fulfill the terms and conditions of this contract due to
unexpected supply chain delays, CEC will require use of the force majeure provisions
within the purchase agreement/contract to seek relief from any liquidated damages or
other fines,penalties, or claims. CEC will provide the Customer with delivery status
and communicate any reasonable alternatives to expedite material delivery.
ll.6. MARKETING DISCLOSURES. Customer agrees CEC may disclose marketing
information exclusive to customer name and nature of project, even if the Proposal is
designated"Confidential",only for marketing purposes. Such disclosure shall not waive
confidentiality with respect to confidentiality outlined in 2.6. of this agreement.
ll.7. SEVERABILITY. If any term or provision of the Agreement is determined by a court or
government agency of competent jurisdiction to be invalid under any applicable statute or
rule of law, such provision(s) are,to that extent, deemed omitted,but this Agreement and the
remainder of its provisions shall otherwise remain in full force and effect.
11.8. JOINT DRAFTING. The Parties expressly agree that this Agreement was jointly drafted,
and that both had opportunity to negotiate its terms and to obtain the assistance of counsel in
reviewing its terms prior to execution. Therefore, this Agreement shall be construed neither
against nor in favor of either Party but shall be construed in a neutral manner.
11.9. WAIVER. Failure or delay on the part of CEC or Customer to exercise any right,power
or privilege under this Agreement sha11 not operate as a waiver of any right,power, or
privilege of this Agreement.
11.10. RIGHTS AND REMEDIES. The Parties'rights,liabilities,responsibilities, and remedies
with respect to this Agreement,whether in contract, tort,negligence, or otherwise, shall be
exclusively those expressly set forth in this Agreement.
11.11. ENTIRE AGREEMENT. Customer acknowledges that it has read and understands the
terms and conditions of this Agreement and agrees to be bound by them. Furthermore,
Customer agrees that this Agreement constitute the entire and integrated agreement between
the Parties and supersedes all prior, contemporaneous, or subsequent agreements or offers,
whether oral or written. All Quotes and SOWs hereinafter are subject to and are
incorporated into the terms listed within this agreement based upon reference of the Master
14
�2024.�
Page 321 of 890
Seroices Agreement. This Agreement and each and every provision is for the exclusive
benefit of the Customer and CEC and not for the benefit of any third party.
Customer: City of Dubuque Communications Engineering Company
�
By: By: i���
Its: City Manager Its: cEo
Date: 05/06/2026 Date: 2/2 5/2 0 2 6
15
�Zo24.�
Page 322 of 890
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: May 7, 2026
RE: 2026 Public Works Asphalt Overlay Program Sidewalk Curb Ramp
Project — Bid Package 4
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 4.
The project was awarded by the City Council on May 4, 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 323 of 890
SEC710N 00500
Page 1 of 5
PIJ�LIC INIPROVEMENT CON1'RACT' '
SECTION 00500
THIS IMPROVEMENT CONTRACT (the Contract), dated for references purposes the 5t" day of
May, 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. (Contractor). '
For and in consideration of fihe mutual covenants herein contained, the parties hereto agree '
as follows:
COIVTI�4CTOR i4GREES: '
1. To furnish all material and equipment and to perform all labor necessary for the 2026 PUBLIC
WORKS ASPHALT_OVERLAY PROGRAM, SIDEWALK CURB RAMP PROJECT - BID '
PACKAGE 4 (Project).
2. CONTRACT DOCUIVIENTS
A. The Contract Documents consist of the following:
1. Project Title Page (Section 00100).
2. Project Directory Page (Section 00101).
3. This Public Improvemenfi Contract (Section 00500).
4. Performance, Payment, and Maintenance Bond (Secfiion 00600).
5. Out-of-State Contractor Bond (Section 00610). '
6. Other Bonds: '
a. (�ond 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). ;
Page 324 of 890
��C1'ION 00500 '
Page 2 of 5 '
17.Erosion Control Certificate (Section 00900).
18.Consent Decree (Section 01000).
19.Other Project Informafiion and Permits (Sections 00000 - 00000). '
20.Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages fio inclusive).
b. Bidder Status 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 i�sued on or after the Effective Date of the
Agreement:
a. Notice to Proceed (Section 00850).
b. Project Certificafiion Page (Section 00102).
c. Change Orders (Not attached to this agreement).
22.Authorization Resolution:
a. Resolution No. 286-17 Aufihorizing City Manager to Execute Contracts and
Leases (Exhibit C), or
b. Project Specific Resolution (Resolution 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 the Contractor in the Project must be of the quality required by the
Contract Documenfis and must be installed in accordance with the Contract Documents.
4. The Contractor mu�t remove any materials rejected by the City as defective or improper, or
any of said work condemned as unsuitable or defective, and fihe same must be replaced or
redone to the satisfaction of the City at the sole cost and expense ofi the Contractor.
5. Three percent (3%) of the Contract price will be retained by the City for a period of thirty (30)
days after final completion and acceptance of the Project by fihe City Council to pay any claim
by any party that may be filed 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 thirty (30) day period, as provided in lowa Code Chapter 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 prosecution of the work and '
such sums will be held by the City until such claims have been settled, adjudicafied 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 '
Page 325 of 890 '
SECI'ION 0050Q
Page 5 of 5 '
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.
8. The Contractor must fully complete the Project under this Contract on or before the date '
indicated in the Construction Schedule and Agreed Cosfi of Delay Section of the Contracfi '
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 atfiorneys' fees, arising out of or resulting from performance of the Contract,
provided that such claim, damages, loss or expense is attributable to bodily injury,
sickness, disease or death, or injury to or destruction of property (other than the Project
itself� including loss of use resulting therefrom, but only to the extent caused in whole or '
in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor,
or anyone directly or indirectly employed by the Contractor or the Contractor's
subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor
may be liable, regardless of whether or not such claim, damage, loss or expense is
caused in part by a party indemnified hereunder.
b. The Contractor shall also be liable to the City for any damage to City property arising out
of or related to fihe Contractor's negligenfi performance of the Contracfi.
10. The Contractor hereby represents and guarantees that it has not, nor has any other person
for or in its behalf, directly or indirectly, entered into 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 anyfihing of 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 Isssen or destroy free competition in fihe award of this Confiract and agrees
that in case it hereafter 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 event less than $2,000.00 (Two Thousand Dollars) to the City as agreed upon
damages.
11. The surety on the Bond furnished for this Contract musfi, in addition to all other provisions,
be obligated to the extent provided for by lowa Code 573.6 relating to this Contract.
12. The Contractor agrees, and its Bond is surety therefore, that after 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 Contractwith orwithout 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 Contract 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
Page 326 of 890
SECT'ION 00500 '
Page 4 of 5 '
SECTION 00500 electronic transmission, and if so execufied and transmitted, shall be '
effective as if the parties had delivered an executed original of this Contract.
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 rate.
17. Conflict in Terms. In the event of a conflict befiween the terms of this Confiracfi and the fierms '
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, 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 D,
and hereby represents and warrants that Contractor is in compliance with the same as of
the Effective date and fur�her represents that during the Term Contractor will remain in ;
compliance. Contractor shall require all contractors and subcontractors providing
services under this Confiract shall also cerfiify compliance with this Section.
b. When Applicable:
Contractor further represenfis 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 b 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 ofi the
term(s) of this Contracf.
19. Federally Assisted Project.
Is this praject funded fully or in part with federal funds? '
0 Yes (if yes, provision a. and b. below apply)
❑x No '
a. The City and the Contractor 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
Contract must be American made to the maximum extent feasible, in accordance with
Public Law 103-121, Sections 606(a) and (b).
TWE �ITY AGREES:
The City agrees to pay the Contractor for the work actually performed under this Contract, up to
the amount stated below, less any damages provided for in the Contract Documents. '
CONTRACT AMOUNT$199,908.60
Page 327 of 890
sEcrio� 00500
F'age 5 of 5 '
CITY OF DU�UQUE, 101n1�4:
City Manager's Office
' Dep ment ,
By: � '
Sig ture '
Michael C. Van Milligen
Printed Name
City Manager
Titie '
05/07/2026
Date
CONT�►Cl'OR:
Midwest Concrete, Inc.
Contractor
By: ,. ����
Signatu '
Ryan Coates
Printed Name
Owner
Title
►��x.� ..�� �.��(�
Date
===a EIVD OF SECTION 00500 �=_� '
Page 328 of 890 '
I L 1'I I I
SECTION 00900
City: City of Dubuque
Address: 50 W 13th Street
Dubuque, lA 52001
Project: 2026 Public Works Asphalt Overlay Program
Sidewalk Curb Ramp Project - Bid Package 4 I
Contract No. 5421000002
Description: The scope of the Project is as follows: all labor, equipment, and materials to install 38
ADA accessible curb ramps along Stafford Street, Humboldt Street, Schiller Street,
Farley Street, Fengler Sfireet, Ann Street, Dock �treet, Marshall Street and Decatur '
Street. 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 Pollutant
Discharge Elimination System (NPDES) Permit that authorizes fihe storm water discharges
associated with industrial activities from the construction site and as detailed in the Contract '
Documents. Further, by my signature, I undersfiand that I am becoming a co-permittee, along with '
the owner(s) and other contractors and subcontractors signing such certifications, to the lowa '
Department of Natural Resources NPDES General Permit No. 2 for "Storm Water Discharge '
Associated with Industrial Activity for Construction Activities" 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 prevention
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, or judgments 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 perfiormed by the Contractor for storm water pollution and erosion control.
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: ,�� ; ��."s�-�.,.e.
(Authori� d Signature)
President
(Title) '
�--= EIVD OF' SECTION 00900 --�-
Page 329 of 890 '
Bond No. 2675398
SECTION 00600
Page 1 of 4
0 ���������/�9 6 � Y ��6���� �1l� ��I��dm����lm 9�0��� ..
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 One hundred ninetv-nine thousand, nine hundred eight dollars and sixtvi cents
($199,908.60), lawful money of the United States, for the payment of which sum, well and truly to
be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly '
by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a contract
with the Owner, bearing date the 5th day of Mav, 2026, (hereinafter the "Contract") wherein said
Contractor undertakes and agrees to construct the following project in accordance with the Contract
Documents, and to faithfully perform all the terms and requirements of said Contract within the time
therein specified, in a good and warkmanlike manner, and in accordance with the Contract
Documents. The Contract Documents for 2026 PUBLIC WORKS ASPHALT OVERLAY PROGRAM, '
SIDEWALK CURB RAMP PROJECT- BID PACKAGE 4 detail the following described improvements '
The scope of the,Project is as follows: all labor, equipment, and materials to install
38 ADA accessible curb ramps along Stafford Street, Humboldt Street, Schiller Street,
Farley Street, Fengler Street, Ann Street, Dock Street, Marshall Street and Decatur
Street. 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
Page 330 of 890 '
SECT'ION 00600 '
Page 2 of 4
and Surety shall not be liable to said persons, firms, or corporations unless the claims of said '
claimants against said portion of the contract price shall have been established as provided
by law. The Contractor and Surety hereby bind themselves to the obligations and conditions
set forth in Chapter 573 of the 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 af Contractor's and Surety's failure to remedy any defect as required by this '
section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepted. ;
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the ,
contrary notwithstanding, to the following provisions:
A. To consent without notice to any extension of time authorized in approved change
orders to the Contractor in which to perForm the Contract.
B. To consent without notice to any change in the Contract or Contract Documents,
authorized in approved change orders which thereby increases the total contract price
and the penal sum of this Bond, provided that all such changes do not, in the aggregate,
involve an increase of more than twenty percent (20%) of the total contract price, and
that this Bond shall then be released as to such excess increase. '
C. To consent without notice that this Bond shall remain in full force and effect until the
Contract is completed, whether completed within the specified contract period, within
an extension thereof, or within a period of time after the contract period has elapsed
and the 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 331 of 890
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 �ond, 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 obligation is such that if said Principal shall faithfully perform '
all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents,
and in this Bond, then this obligation shall be null and void, othervuise 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 332 of 890 ,
�ECT'IOfV 006A0
Page 4 of 4
Project: 2026 Public Works Asphalt Overlay Program, Sidewalk Curb Ramp Project - Bid Package 4
Location: Stafford Street, Humboldt Street, Schiller Street, Farley Street, Fengler Street, Ann
Street, Dock Street, Marshall Street and Decatur Street, Dubuque, lowa '
Project Number: 5421000002
Witness our hands, in triplicate, this 5th day of May , 2026.
SURETY COUNI'ERSIGNED BY: Title
FO AI'PROV D BY:
Signature of Agent �
Repr sentative for Owner
Printed Name of Agent
SURETY:
Company Address West Bend Insurance Company
Surety Company
City,State,Zip Code , .,r��„
By• �1�►���c..�� .. ___�.
Signature A`�torney-in-Fact Officer
Company Telephone Number Kim Hess
Printed Name of Attorney-in-Fact Officer y
PRINCIPAL: Tricor
Midwest Concrete, Inc. company Name
contractor 600 Star Brewery Dr Ste 110
,
�Y� ,� Company Address
signatur Dubuque, IA 52001
� ��'1 ��� ���.� City,State,Zip Code
Printe Name
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 SECTION 00600 =_�_
Page 333 of 890
�
�ond No. 2675398 ,
PO�IER OF' /�TTORNEY
Know all men by these Presents, that West Bend Insurance Company(formerly known as West Bend Mutual Insurance Company prior to 1/1/2024),a '
corporation having its principal office in 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 Million Dollars($30,000,000)
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 1 S�day of January 2024.
Appointment ofAttorney-In-Fact. The president or any vice president,or any other officer of West Bend lnsurance Company may appoint by
written certificate Attorneys-ln-Fact to act on behalf of the company in the execution of and attesting of bonds and undertalrings and other
written obligatory instruments of li/te nature. The signature of any officer authorized hereby and the corporate seal may be affixed by
facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such
facsimile signatures or facsimile seal shall be valid and binding upon the company,and any such power so executed and certified by facsimile
signatures and facsimile seal shallbe valid and binding upon the company in the future w�th respect to any bond or undertaking or other '
writing obligatory in nature to which it is attached. Any such appointment may be revolted,for cause,or without cause,by any satd officer at '
any time. ',
Any reference to West Bend Mutual Insurance Company in any Bond and all continuations thereof shall be consitlered 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 1 st day of January 2024.
.�'�����3����`s'�
c� J
�� �, '�� <,
Attest �°��� ���' . , � �,�.��,���;�c����,���
Ci�risto hea�,��v a'rt ��as` �� °��,' Robert J.Jacques
Secretary � � ,����' President
.�'�`���'�'��,�����-'�;
State of Wisconsin �'�r��#����#���#��#��a°'`�
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, ���{_�����,,,
�}������r���,,.
�$:4'�iF€�,�t�`�# � ���L}i���.d 4..f�J�� .
9'
� � ��
`�-�=,'�J�L��+,;:� Y ead caP orate Attcsrne
y °•,. �� � P Y
��,�t������'�,' �a�ty Public,Washing2a�Co.�WI
My Cornmission is Perrnanent
The untlersigned,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 5th day of May , 2026 '
�����{����{������,,,
�l"a�E��i".�vY^'t'a!�$1�5���/`ffi q`
�`��St`.as.1�`��}�T����++ . �"���?W���€ {,,,,...� ��.
w��.. �5:��� ,
�-��� :�; Christogl�er G.�wy a�'
�;��,,
«��`��"��,�� ��`��� Secretary
,���,,;���,�,.�,a��
tr��'�``�tFilCRtt€t1�i'��#�� �..
While a bond(s)is active,a bonded principal is a member of�Nest Bend Mutual Huldin�+�ompany,Please visit https://www,thesilverlining,comlannual-meeting
for details regarding the annual membership meeting and yo�ir v�ting rights.
1900 S 18th Avenue � West Bend,WI 53095 � F�hcmea(OUO)236-5Q10 � Fax:(877)674-2663 � www.thesilverlining.com Page 334 of 890 '
MIDWCON-03 KHESS
��'" � DATE(MMIDD/YYYY)
CERTIFICATE OF LIA�ILITY INSIJRANCE s�s�zo26
TH15 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ,
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. '
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policles may require an endorsement. A statement on ',
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s.
PRODUCER C N CT
M
TRICOR,LLC-Dubuque
600 Star Brewery Drive jn"ic°,No,eXt�:(563)556-5441 jn"�c,No�:(608)723-6440
Suite110 n oREss:service@tricorinsurance.com
Dubuque,IA 52001 '
INSURER S AFFORDING COVERAGE NAIC#
wsuaeRa:United Fire&Casualt Com an 13021 ,
INSURED INSURER B:WeStC{1@St@I'SUY lus Lines Insurance Com an 10172
Midwest Concrete Inc
AHL Equipment Leasing�II1C. INSURER C:
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 '
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, '
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I�SR 7ypE OF INSURANCE ADDp SUBp pOLICY NUMBER POLppY EFF POLpCY EXP LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ��OOO�OOO
CLAIMS•MADE �OCCUR 70090211731 4/15/2026 4/1512027 DAMAGETORENTED 100�00�
P EMISE Ea occurrence $
MEDEXP An ona erson $ ��,��� '
PERSONAL&ADV INJURY $ �,OOO�OOO
GEN'L AGGREGATE IIMIT APPLIES PER: GENERAL AGGREGATE Z,OOO�OOO
POLICY�X jE�T �X LOC PRODUCTS-COMP/OP AGG $ Z,OOO�OOO
OTHER: $
� AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 'I�OOO�OOO
Ea accldenl $
X ANY AUTO 10005455309 4/15/2026 4/15/2027 BODILY INJURY Per erson S
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY Per accident $
AUTOS ONLY AUT S ONLY PPe�acc dent AMAGE $
$ '
A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 9�000,000 '
EXCESS LIAB CLAIMS-MADE 10024020131 4/15/2026 4/15/2027 AGGREGATE $ 9,�������
DED X RETENTION$ o $
A WORKERS COMPENSATION X PTR E �RH'
AND EMPLOYERS'LIABILITY 10001455055 4/15/2026 4/15/2027 � � � 1�������0
ANY PRROPRIETOR/PARTNER/EXECUTIVE Y�N E.L.EACH ACCIDENT $
�MandatoM in NER EXCLUDED7 � N�A ,� o00 000 .
ry �) E.L.DISEASE-EA EMPLOYEE � �
If yes,describeunder �,000�000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
B Pollution Liability G7550746A 001 4/15/2026 4/15/2027 Aggregate 2,000,000
A Equip Floater 10090211731 4/15/2026 4/15/2027 Leased/Rented Equip 7,925,056 ;
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule may be attached if more space is required)
Coverage applies only to the extent provided by the policy and subject to all of tlie policy terms,conditions,exclusions,endorsements and all applicable
laws.
Project;2026 Public Works Asphalt Overlay Program,Sidewalk Curb Ramp Project Bid Package 4
City of Dubuque includfng 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 general 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
Clf Of DUbU UB THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Y q ACCORDANCE WITH THE POLICY PROVISIONS.
50 W 13th St
Dubuque,IA 52001 '
AUTHORkZED REPRESENTATIVE
A:�d�'�t�:- ���� ..
ACORD 25(2016/03) O 198II-2015 ACORD CORPORATION. All rights reserved. '
The ACORD name and logo are registered marks of ACORD '
Page 335 of 890 '
�
CG 71 63 04 09
TWIS ENDORSEMEN7 CHANGES Th1E POI�ICY. PLEASE RE�4D IT CAREFULLY.
CITY OF DU�UQUE, IOWA
ADDITIOIVl�L INSURED ENDORSEMENT '
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 DUBUQU�, IOWA
GOVERNMEfVTAL IMMUNITIES ENDORSEf1�EfVT
(For use when including the City as an Additional Insured)
1. Nonwaiver of Government Immunitv. 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 Coveraae. 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 Immunitv. 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 wriften 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, Iowa.
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 336 of 890
CG 71 63 04 09
5. No Other Change in Polic�. 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 DUBUQUE, IOWA
CANGELL�4TION AND MATERIAL CH�4NGE� 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 337 of 890
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: Michael C. Van Milligen, City Manager
FROM: Duane Richter, Traffic Engineer
DATE: May 7, 2026
RE: Street Light Windsor Avenue
Attached is a short form contract between the City of Dubuque and McDermott
Excavating for the removal and replacement of a streetlight on Windsor Avenue.
Funding will be from 5524000013 (Street Light/Traffic Control)
It would be appreciated if you would execute the attached contract related to this
quote. Please return it to the Engineering office for further processing.
Attach.
cc: Kerry Bradley, Eng. Dept.
Page 338 of 890
McDermott Excavating
Estimate and Request For Proposal
PROJECT OWNER: City of Dubuque DATE: 4/1712026
50 W.13th Street
Dubuque,lowa 52001
PROJECT GENERAL: McDermott Excavating
PROJECT NAME: Windsor Ave.Light Base Replacement
MCDERMOTT EXCAVATING PROPOSES SITE WORK AS FOLLOWS:
Mobilization
Barricades and fence as necessary
Saw and remove 32 sf of city sidewalk
Excavate around existing light base and remove
Pick up new base from city yard
Install new 24"or 18"light base
Backfill with 3/4"base stone and compact
Repour city sidewalk back in
Furnish and place 4"of topsoil in disturbed areas
Seed,fertilize,and straw mat disturbed area
Clean up from our work
Labor,Equipment,and Materials: $4,500.00
Plans Dated:
Addendums Noted:
TOTAL ESTIMATE BASED ON ABOVE QUANTITIES $4,500.00
SPECIFIC JOB ITEMS NOT INCLUDED:
No light base included
NOTE: Price is for above description only. Anything will be at an additional expense to the owner!
GENERAL ITEMS NOT INCLUDED WITH THIS QUOTE INCLUDE:
MATERIAL TESTING ROCK EXCAVATION HAZARDOUS MATERIALS SOII STABILIZATION
ENGINEERING AND SURVEY TRAFFIC AND PEDESTRIAN CONTROL DEWATERING OR DUST CONTROL SHEETING 8 SHORING
SEED,FERTILIZER,&MULCH RETAINING WAL�S OR ASSOCIATED WORK VAPOR BARRIER&INSULATION BONDING
INCORPORATED DOCUMENTS PERMITS&EROSION CONTROL DESIGN 81NADEQUACY OF CONT DOCS ADD INSURNC REQMTS
IMPORTED TOPSOIL NO SNOW OR FROST REMOVAL NO EXTREME WINTER WORKING CONDITIONS
PLEASE CALL IF YOU WANT ANY OF THESE ITEMS INCLUDED WITH THIS QUOTE
THANK YOU FOR YOUR CONSIDERATION ON THIS PROJECT
SIGNED: � ��-vtn � �"t,�+�2--4, DATE: / /7—:�Q--:�,
Kevin P.Donovan
ACCEPTED: ��yFj[���n��� onTE: 05/11/2026
�
THIS PROPOSAL NEEDS TO BE SIGNED AND RETURNED TO OUR OFFICE BEFORE PROCEEDING WITH WORK
THIS PROPOSAL NEEDS TO BE AN ATTACHMENT IF A CONTRACT IS REQUIRED
THIS PROPOSAL IS GOOD FOR 70 DAYS
PER IOWA STATE LAW OWNERS ARE RESPONSIBLE FOR LOCATING PRIVATELY OWNED UTILITIES
11672 Airborne Road♦ Dubuque IA 52003 ♦ Phone:563-583-4633 ♦ Fax:563-583-5858
Page 339 of 890
Dubuque City of Dubuque
THE Cl"I'Y OF
��� Engineering Department
DT T� � I I(I I1 50 W 13th Street
�� (address)
zco�•zoiz•zoi3
Mr�sterE�ic�cc�Ui1 H1C'Mis�issipE�i zoi�.2oi9 Dubuque, IA 52001
PhOne # 563-690-6067
CITY OF DUBUQUE, IOWA
SHORT FORM
PUBLIC IMPROVEMENT CONTRACT
PROJECTS ESTIMATED AT LESS THAN $100,000.00
Check Appropriate Box
� Estimate under $25,000.00
❑ Estimate between $25,000.00 and $99,999.99
THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), between the City of Dubuque, lowa
(City), by its City Manager, through authority conferred upon the City Manager by its City Council and
McDermott Excating (Contractor) at
(Contractor Name)
11672 Airborne Road Dubuque IA 52003
(Contractor's Address - City and State)
PROJECT TITLE: Street�ight-Windsor Ave
(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:
Mobilization-Barricades and fence as necessary
Saw and remove 32 sf of city sidewalk
Excavate around existing light base and remove
Pick up new base from city yard and install new 24"or 18"base-Back fill with 3/4"base stone and compact
Re-pour city sidewalk back in
Furnish and place 4"of topsoil, seed, fertilize and straw mat disturbed area
Clean up from work
The work described above shall be completed at the following location(s):
Winsor Ave
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 340 of 890
i
�
Documents listed in bold should be attached to this document upon submission.
1
• Request for Bid or procurement documentation; ?
• This Contract;
• All ardinances and reso[utians heretofore adopted by the City Counci{ having ta do with the
Project; °�
• The Contractor's Bid or procurement documentation; ;
• Consent Decree Certificafiion Form, if applicable (Exhibit A}; �
• Bond Form, if applicable (Exhibit B); '
• Plans and Specifications; i
• SUDAS Standard Specifications (Current Edition) including but not limited to Division 1: '
General Provisions and Covenants and ti�e City of Dubuque Supplemental Specifications — �
Division 1 (Current Edition}; ;
• General Requirements as adopted by fihe City Council for the Project; '
• Insurance Schedule F (Exhibit C); and
• 4ther
;
�s the praject over$25,OOO.aa? �
�
❑ Yes C�] Na �
;
�
If yes, Band Form is required, see Exhibit B.
3. All materials used by the Contractor in the Praject shall be the best of their several kinds and ;
;
shall be put in place to the safiisfacfiion af fihe City Manager.
4. The Cantractar shalf 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 Confiract and for a longer period if such claims are not adjusted within that ;
time, as pravided in lawa Code Chapter 573, The City shall also retain additional sums to protect
itseff against any claim that has been filed against it for damages to persons or praperty 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 Corttract and the project description described in j
Section 1 an� the Cantract Documents outlined in Section 2 and agrees not to plead i
misunderstanding or deception, ;
7. The Contractor shall guarantee for a period af two years and make good any other defect in any '
part of the Project due to impraper construction or material performance notwithstanding the fact �
that said Project may have been accepted and fuily paid for by the City. The guarantee shall �
commence on the date fihat fihe City pays full compensation for the complete per�ormance of this �
contract. i
I
�
Page 341 of 890 �
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; 8. The Contractar shall fully complete the Project under this Contract on or before '
May 22nd,2026
j (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, lasses and expenses ;
' claimed by third parties, but not including any claims, damages, lasses or expenses of the '
parties to this Contract, including but not limited to attorneys' fees, arising out of or resulting
from perfarmance af this Contract, provided that such claim, damages, lass or expense is �
attributable to bodily injury, sickness, disease or dea#h, or injury to or destruction of property,
including lass of use resulting fherefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of Confiractor, or anyone directly or indirectly employed by
Contractor or anyone for whase acts Cantractor may be liable, regardless of whether or not _
such claim, damage, foss or expense is caused in part by a party indemnified hereunder.
�
;
� B. The Contractor shall also be liable ta the City for any damage to City property arising out af
� or related fio fihe Cantractor's negligent performance of the Contract.
;
' 10. Prior to the commencement of any work on the Project and at all times during the perfarmance
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 Confiractar will obtain all
necessary business permits and licenses that may be required to carry out the obligafiions
pursuant to this Contract, inclucfing any permits and licenses that might be required by the state
ar locality in which Contractor perf'orms the Services, and Confiractor agrees to maintain, at
Contractor's sale expense, such required permifis and licenses for the duration of the term(s) af
�
this Contract.
�
' 12. Legal Compiiance, Contractar is responsible for compliance with all applicable laws, statutes,
Irules, regulatians, and ordinances which may apply to the perFormance of Con#ractor's
; obligations under this Cantract, including but not limited to the {aws outlined in Exhibifi , and
i hereby represents and warrants that Cantractor is in compliance with the same as of the
; Closing/Effective Date and further represenfis that during the Term Contractor will remain in :
` campliance. Contractor shall require all cantractors and subcontractors providing services under ;
this Con#ract shall also certify compliance with this Section. �
�
i
When Applicable:
�
� Contractor further represents and warrants that Contractor has obfiained all necessary business �
' permits and licenses that may be required to carry out the obligations pursuanfi to this Contract, ;
including any permits and licenses that might be required by the state or locality in which �
Contractor performs fihe Services, and Cantractar 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 ta the Contractor.
;
�
Page 342 of 890
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14. This Contract shall be governed by the laws of the State of lowa and exclusive jurisdiction and
�
venus for any action arising out of or related ta this Contract shall be the lowa District Court far ;
Dubuque County
'i 5. The City is exempt from federal excise tax and lowa saies tax. ;
96. In the event any article, service, or process sold, delivered and/or perfarmed 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, ar 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 violafiion of any patent, copyright, or ap�licafiion. �
;
17. The Contractor agrees not to release any advertising copy mentioning the City or quoting the ;
opinion of any Cifiy employee without prior written aufihorization from the City af Dubuque. -
18. Current Safety Data Sheets {SDS), when applicable to the order, will be provided by the
Contractor in accordance with ail regulations.
�
�
19. The terms and condifiions of sale as stated in this order govern in fihe evenfi of conflict with any
terms of the Contractor's proposal, and are not subject ta 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 lawa and Department of Justice have entered into a Consent
�
Decree requiring the City ta complete certain capital improvements pursuant to an established
schedule and ta comply with certain capital improvements pursuant ta an established schedule
and to comply with certain reporting and recordkeeping requirements. One af the terms of the
Consenfi Order is fior the City to advise contractors whose dufiies mighfi reasonably include ;
compliance with any provision of the C4nsent Decree with a copy of the Consenfi 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 ta City Exhibit the Certification Form attached #his this Contract as Exhibit
A.
� THIS CONTRACT�R 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.
Q✓ THIS C�NTRACTOR IS NOT PERFORMING W(aRK FOR THE CITY �F DUBUQUE '
RELATED TO THE WATER & RESOURCE REC�VERY CENTER OR THE SANITARY �
SEWER COLLECT[ON SYSTEM. THEREFORE THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
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Page 343 of 890
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THE CITY AGREES: '
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The City agrees ta pay fihe Vendor for the work acfivally performed under this Contrac#, up fio the
amount stated below, less any agreed damages provided for in the Contract Dacuments.
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C�NTRACT AM4UNT: $ 4,500.00
CITY OF DUBUQUE, IOWA CONTRACTOR:
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By: ,,,L `� 05/11/2026 McDermottExcavating
Date Company Name
�Olgltelly slgned by KeNn P.banwan
gy; Kevin P. Donovan oa,,:2oze.oq.2s,,:�:6,-o5roo� 4/29/2026
Signature Date
Kevin P. Donovan
Printed Name
Superintendent
Title ,
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. Page 344 of 890
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EXHIBIT D i
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� LEGAL COMPLfANCE I
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� a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), {prohibits �
discrimination on the basis of race, color, national origin); and 49 CFR Part 21; �
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b) The Uniform Relocatian Assistance and Real Property Acquisifiion Policies Act of 1970, (42 !
U.S.C. § 46a1), {prohibits unfair fireatment of persons displaced or whose property has been �
acquired because of Federal or Federal-aid programs and projects); ;
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c) Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 e# seq.), (prohibits discrimination on fihe
basis of sex); '
d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
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(prahibits discrimination on the basis of disability); and 49 CFR Part 27; ;
e) The Age Discrimination Act af 1975, as amended, (42 U.S.C. § 6101 et seq), (prohibits �
discrimination on the basis of age}; �
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f} Airport and Airway Improvemen#Act of 1982, (49 U.S.C. § 471, Section 47123}, as amended, �
(prohibits discrimination based on race, creed, color, national origin, or sex);
g} The Civil Righfis Restorafiion Act ofi 1987, (PL '[00-209); (broadened the scope, coverage and
applicabilifiy of Title VI ofi the Civil Righfis Act of 19fi4 to include that entities that receive j
federal funding must comply with civil rights legislation, including the Civil Rights Act of 1964, ;
the Age Discriminatian Act of 1975, anci Section 504 of the Rehabilitation Act of 1973, in all '
operations, not just in the program or activity receiving federal funding};
h} Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation af public entities, public and private firansportation sysfems,
places of public accammodatian, and certain testing entities (42 U.S.C, §§ 12131 - 12189) as ;
implemented by Department af Transpartation regulations at 49 C.F.R. Parts 37 and 38;
i) The Federai Aviation Administration's Non-discrimination statute (49 U.S.C. §47123)
(prohibits discriminatian on the basis af race, colar, natianal origin, and sex};
j) Section 1557of the AfFordable Care Act (prohibits discrimination on the basis of national �
origin); �
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k) Title IX of the Education Amendments af 1972, as amended (20 U.S.C. § 1681 et seq.} ;
(prohibifis discrimination because of sex in education programs or activities); '
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I} Drug Abuse Office and Treatment Acfi of 1972, as amended (21 U.S.C. § 110'i et seq.); and �
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m) Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as ;
amended (42 U.S.C. § 4549, et seq.). ;
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Page 345 of 890 i
�� MDELLCD-01 LWOOD
,d►co�zo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
�/ 5/5/2026
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER coNracr Lu Anne Wood
NAME:
TRICOR,LLC-Dubuque A�°,N o,Ex� 608 405-1161 2202 FAx
600 Star Brewery Drive ( )�� ) �nic,No�:
Suite 110 ADoaa�Ess:Iwood@tricorinsurance.com
Dubuque,IA 52001
INSURER(S)AFFORDWG COVERAGE NAIC#
iNsuReRa,:United Fire&Casualty Company 13021
INSURED iNsuReR s:Westchester Surplus Lines Insurance Company 10172
MDE LLC dba McDermott Excavating INSURERC:
11672 Airborne Rd INSURER D: I
Dubuque,lA 52003
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR pOLICY NUMBER POLICY EFF POLICY EXP LIMITS
LTR INSD WVD MM/DD/YYYY MM/DD/YYYY
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ �,OOO,OOO
CLAIMS-MADE X OCCUR X �( 60542976 6/1/2025 6/�/2�26 pREM SES�(Ea oNcurrDence) $ 300,���
MED EXP(Any one person) $ ��,���
PERSONAL&ADVINJURY $ �,OOO,OOO
GEN'L AGGREGATE LIMIT APPLIES PER: I I I GENERAL AGGREGATE $ 2,000,000
POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000
OTHER: $
A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 'I,OOO,OOO
(Ea accident) $
X ANYAUTO 60542976 6/1/2025 6���2�26 BODILYINJURY(Perperson) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY(Per accident) $
. . AUTOS ONLY . . A�TOS ONL� �ROPERTY�AMAGE $
Per accident
$
A X UMBRELLA LIAB OCCUR EACH OCCURRENCE g S,OOO,OOO
EXCESS LIAB CLAIMS-MADE 60542976 6/1/2025 F)I'I/ZOZF) AGGREGATE $ S,OOO,OOO
DED RETENTION$ g
A WORKERS COMPENSATION X PER OTH-
AND EMPLOYERS'LIABILITY STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N X 30304796 6/1/2025 F)I'I/ZOZF) E.L.EACHACCIDENT $ �,OOO,OOO
OFFICER/MEMBER EXCLUDED? N N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ �,���,���
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A Equip Floater 60542976 6/1/2025 6/1/2026 Rented Equipment 300,000
B Pollution Liability G28367466 006 2/1/2026 2/1/2027 $10,000 Ded 2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Coverage applies only to the extent provided by the policy and subject to all of the policy terms,conditions,exclusions,endorsements and all applicable
laws.
Project:Street Light-Windsor Ave
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 additional insured on a primary,non-contributory basis including ongoing and completed operations.
Governmental Immunities applies in favor of City of Dubuque.Waiver of subrogation on the Work Comp and general liability policies in favor of the City of
Dubuque. Umbrella follows form. Notice of cancel is amended to 30 days.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Cit of Dubu ue En ineerin De artment THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Y 9 9 9 P ACCORDANCE WITH THE POLICY PROVISIONS.
50 West 13th Street
Dubuque,IA 52001
AUTHORIZED REPRESENTATIVE
�����
ACORD 25(2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Page 346 of 890
AGENCY CUSTOMER ID: MDELLCD-01 CDOLEHIDE
�� LOC#: 1
A�R� ADDITIONAL REMARKS SCHEDULE Page � of �
AGENCY NAMEDINSURED
RICOR LLC -Dubu ue MDE LLC dba McDermott Excavating
� a 11672 Airborne Rd
POLICY NUMBER Dubuque,IA 52003
EE PAGE 1 Dubuque
CARRIER NAIC CODE
EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE �
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance
Description of Operations/Locations/Vehicles:
general liability policy. Governmental Immunities applies in favor of City of Dubuque.Waiver of subrogation on the Work Comp and
general liability policies in favor of the City of Dubuque. Umbrella follows form. Notice of cancel is amended to 30 days.
ACORD 101 (2008/01) O 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Page 347 of 890
POLICY NUMBER: COMMERCIAL MULTIPLE LINE
IL 70 84 06 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
BUSINESSOWNERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
SCHEDULE
Name of Organization:
City of Dubuque
1. Nonwaiver of Governmental Immunitv. The insurance carrier expressly agrees and states that the purchase of this
policy and the including of the organization shown in the Schedule as an Additional Insured does not waive any of the
defenses of governmental immunity available to the organization shown in the Schedule under Code of lowa Section
670.4 as it now exists and as it may be amended from time to time.
2. Claims Coveraae. 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 Governmental Immunitv. The organization shown in the Schedule 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 organization shown in the Schedule.
4. Non-Denial of Coveraae. 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 organization shown in the Schedule 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 organization shown in the Schedule.
5. No Other Change in Policx The insurance carrier and the organization shown in the Schedule agree that the above
preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy.
IL 70 84 06 16 Page 1 of 1
Page 348 of 890
COMMERCIAL AUTO
CA 71 09 01 17
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO ULTRA ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
COMMON POLICY CONDITIONS
COVERAGE INDEX
DESCRIPTION PAGE
Temporary Substitute Auto Physical Damage 2
Broad Form Insured 2
Employee as Insureds 2
Additional Insured Status by Contract, Agreement or Permit 2
Bail Bond Coverage 3
Loss of Earnings Coverage 3
Amended Fellow Employee Coverage 3
Towing and Labor 3
Physical Damage Additional Transportation Expense Coverage 3
Extra Expense - Theft 3
Rental Reimbursement and Additional Transportation Expense 4
Personal Effects Coverage 4
Personal Property of Others 4
Locksmith Coverage 4
Vehicle Wrap Coverage 5
Airbag Accidental Discharge 5
Audio, Visual and Data Electronic Equipment Coverage 5
Auto Loan/Lease Total Loss Protection 5
Glass Repair — Deductible Amendment 5
Amended Duties in the Event of Accident, Claim, Suit or Loss 6
Waiver of Subrogation Required by Contract 6
Unintentional Failure to Disclose 6
Hired, Leased, Rented or Borrowed Auto Physical Damage 6
Mental Anguish 7
Extended Cancellation Condition 7
The COVERAGE INDEX set forth above is informational only and grants no coverage.
Terms set forth in (Bold Italics) are likewise for information only and by themselves shall be deemed to grant no
coverage.
CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7
Page 349 of 890
(Temporary Substitute Auto Physical Damage)
A. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE
SECTION I — COVERED AUTOS, paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute
Autos is amended by adding the following at the end of the existing language:
If Physical Damage Coverage is provided under this Coverage form for an "auto" you own, the Physical Damage
coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its
owner as a temporary substitute for the covered "auto" you own that is out of service because of its breakdown, repair,
servicing, "loss", or destruction
B. BROADENED LIABILITY COVERAGES
SECTION II — LIABILITY COVERAGE in Paragraph A. Coverage at 1. Who Is An Insured is amended to include the
following:
(Broad Form Insured)
d. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date
of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured"
under any other automobile policy or would be an "insured" under such a policy but for its termination or the
exhaustion of its Limit of Insurance.
e. Any organization that is acquired or formed by you, during the term of this policy and over which you
maintain majority ownership. However, the Named Insured does not include any newly formed or acquired
organization:
(1) That is a joint venture or partnership,
(2) That is an "insured" under any other policy,
(3) That has exhausted its Limits of Insurance under any other policy, or
(4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the
acquisition or formation
Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred
before you formed or acquired the organization.
(Employee as Insureds)
f. Any employee of yours while acting in the course of your business or your personal affairs while using a
covered "auto" you do not own, hire or borrow.
(Additional lnsured Status by Contract, Agreement or Permit)
g. Any person or organization whom you are required to add as an additional insured on this policy under a
written contract or agreement; but the written contract or agreement must be:
(1) Currently in effect or becoming effective during the term of this policy; and
(2) Executed prior to the "bodily injury" or "property damage."
The additional insured status will apply only with respect to your liability for "bodily injury" or "property
damage" which may be imputed to that person(s) or organization(s) directly arising out of the ownership,
maintenance or use of the covered "autos" at the location(s) designated, if any.
Coverage provided by this endorsement will not exceed the limits of liability required by the written contract
or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement
shall not increase the limits stated in Section II. C. Limits of Insurance.
For any covered "auto" you own this Coverage Form provides primary coverage.
Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17
Page 350 of 890
C. BROADENED SUPPLEMENTARY PAYMENTS
SECTION II. LIABILITY A. Coverage 2. Coverage Extensions a. Supplementary Payments (2) and (4) are replaced
by the following:
(Bail Bond Coverage)
(2) Up to $5,000 for cost of bail bonds (including bonds for related traffic violations) required because of an
"accident" we cover. We do not have to furnish these bonds.
(Loss of Earnings Coverage)
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earning up to $500 a
day because of time off from work.
(Amended Fellow Employee Exclusion)
D. AMENDED FELLOW EMPLOYEE EXCLUSION
Only with respect to your "employees" who occupy positions which are supervisory in nature, SECTION II. LIABILITY B.
Exclusion 5. Fellow Employee is replaced by:
5. Fellow Employee
"Bodily Injury":
a. To you, or your partners or members (if you are a partnership or joint venture), or to your members (if you
are a limited liability company);
b. To your "executive officers" and directors (if you are an organization other than a partnership, joint venture,
or limited liability company) but only with respect to performance of their duties as your officers or directors;
c. For which there is an obligation to share damages with or repay someone else who must pay damages
because of the injury described in paragraph a and b above; or
d. Arising out of his or her providing or failing to provide professional health care services.
For purposes of this endorsement, a position is deemed to be supervisory in nature if that person performs
principle work which is substantially different from that of his or her subordinates and has authority to hire,
transfer, direct, discipline or discharge.
E. BROADENED PHYSICAL DAMAGE COVERAGES
SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage is amended as follows:
(Towing and Labor)
2. Towing is deleted and replaced with the following:
2. Towing and Labor
We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" is disabled:
a. For private passenger type vehicles we will pay up to $100 per disablement.
b. For all other covered "auto's" we will pay up to $500 per disablement
However, the labor must be perFormed at the place of disablement.
(Physical Damage Additional Transportation Expense Coverage)
4. Coverage Extensions
a. Transportation Expenses is amended to provide the following limits:
We will pay up to $60 per day to a maximum of $1,800. All other terms and provisions of this section remain
applicable.
The following language is added to 4. Coverage Extensions:
(Extra Expense— Theft)
c. Theft Recovery Expense
If you have purchased Comprehensive Coverage on an "auto" that is stolen, we will pay the expense of
returning that stolen auto to you. The limit for this coverage extension is $5,000.
CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7
Page 351 of 890
(Rental Reimbursement and Additional Transportation Expense)
d. Rental Reimbursement
We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage
coverages for which a premium is shown in the Declarations or schedule pages. Coverage applies only to a
covered "auto".
(1) We will pay for auto rental expense and the expense incurred by you because of "loss" to remove and
transfer your materials and equipment from a covered "auto" to a covered "auto." Payment applies in
addition to the otherwise applicable coverage you have on a covered "auto." No deductible applies to this
coverage.
(2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss"
and ending, regardless of the policy's expiration, with the lesser of the following number of days:
(a) The number of days reasonably required to repair or replace the covered "auto." If "loss" is caused
by theft, this number of days is added to the number of days it takes to locate the covered "auto" and
return it to you, or
(b) 30 days.
(3) Our payment is limited to the lesser of the following amounts:
(a) Necessary and actual expenses incurred; or
(b) $75 per day.
(c) This coverage does not apply while there are spare or reserve "autos" available to you for your
operations.
(d) If "loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we
will pay under this coverage only that amount of your rental reimbursement expense which is not
already provided for under the SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4.
Coverage Extensions, a. Transportation Expenses.
(Personal Effects Coverage)
e. Personal Effects
If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is
stolen, we will pay, without application of a deductible, up to $500 for Personal Effects stolen with the "auto".
The insurance provided under this provision is excess over any other collectible insurance. For this coverage
extension, Personal Effects means tangible property that is worn or carried by an "insured".
(Personal Property of Others)
f. Personal Property of Others
We will pay up to $500 for loss to personal property of others in or on your covered "auto." This coverage
applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief
or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No
deductibles apply to this coverage.
(Locksmith Coverage)
g. Locksmith Coverage
We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered
private passenger "auto". The deductible is waived for these services.
Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17
Page 352 of 890
(Vehicle Wrap Coverage)
h. Vehicle Wrap Coverage
If you have Comprehensive or Collision coverage on an "auto" that is a total loss, in addition to the actual
cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered
"auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage for any one "loss" is $5,000. For purposes of this coverage provision,
signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps.
(Airbag Accidental Discharge)
F. SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended at 3. to include the following
language:
If you have purchased Comprehensive or Collision Coverage under this policy, this exclusion does not apply to
mechanical breakdown relating to the accidental discharge of an air bag. This coverage applies only to a covered
auto you own and is excess of any other collectible insurance or warranty. No deductible applies to this coverage.
G. BROADENED LIMITS OF INSURANCE
(Audio, Visual and Data Electronic Equipment Coverage)
SECTION III — PHYSICAL DAMAGE COVERAGE — C. Limit of Insurance at 1.b. is amended to provide the following
limits:
b. Limits of $1,000 per "loss" is increased to $5,000 per "loss". All other terms and provisions of this section
remain applicable.
(Auto Loan/Lease Total Loss Protection)
SECTION III — PHYSICAL DAMAGE COVERAGE — C. Limit of Insurance is amended by adding the following
language:
4. In the event of a total "loss" to a covered "auto" shown in the Schedule pages, subject at the time of the "loss" to
a loan or lease, we will pay any unpaid amount due including up to a maximum of $500 for early termination fees
or penalties on the lease or loan for a covered"auto" less:
a. The amount paid under the Physical Damage Coverage Section of the policy; and
b. Any:
(1) Overdue lease / loan payments at the time of the "loss";
(2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage;
(3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased
with the loan or lease; and
(5) Carry-over balances from previous loans or leases.
(Glass Repair— Deductible Amendment)
H. GLASS REPAIR — DEDUCTIBLE
SECTION III — PHYSICAL DAMAGE COVERAGE — D. Deductible is amended by adding the following:
Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the
damaged glass is repaired, rather than replaced.
CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7
Page 353 of 890
(Amended Duties in the Event of Accident, Claim, Suit or Loss)
I. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
Under SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions , the following is added to paragraph 2.
Duties In The Event of Accident, Suit or Loss:
d. Knowledge of any "accident", "claim", "suit" or "loss" will be deemed knowledge by you when notice of such
"accident", "claim", "suiY' or "loss" has been received by:
(1) You, if you are an individual;
(2) Any partner or insurance manager if you are a partnership;
(3) An executive officer or insurance manager, if you are a corporation;
(4) Your members, managers or insurance manager, if you are a limited liability company; or
(5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization.
(Waiver of Subrogation by Contract)
J. WAIVER OF SUBROGATION REQUIRED BY CONTRACT
Under SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions 5. Transfer of Rights of Recovery
Against Others to Us the following language is added:
However, we waive any rights of recovery we may have against the person or organization with whom you have
agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under the policy to
which this endorsement is attached. This provision does not apply unless the written contract or written agreement
has been executed, or permit has been issued, prior to the "bodily injury" or "property damage."
(Unintentional Failure to Disclose)
K. UNINTENTIONAL FAILURE TO DISCLOSE
Under SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions , the following is added to 2.
Concealment, Misrepresentation Or Fraud:
Your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this
Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights
under this Coverage Form.
(Hired, Leased, Rented or Borrowed Auto Physical Damage)
L. HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE
Under SECTION IV — BUSINESS AUTO CONDITIONS B. General Conditions 5. Other Insurance Paragraph 5.b. is
replaced by the following:
b. (1) For "Comprehensive" and "Collision" Auto Physical Damage coverage provided by this endorsement, the
following are deemed to be covered "autos" you own:
(a) Any Covered "auto" you lease, hire, rent or borrow; and
(b) Any Covered "auto" hired or rented by your "employee" under a contract in that individual
"employee's" name, with your permission, while performing duties related to the conduct of your
business.
However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto"
(2) Limit of Insurance For This Section
The most we will pay for any one "loss" is the lesser of the following:
(a) $75,000 per accident, or
(b) actual cash value at the time of loss, or
(c) cost of repair.
Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17
Page 354 of 890
Minus a $500 deductible. An adjustment for depreciation and physical condition will be made in
determining actual cash value in the event of a total loss. No deductible applies to "loss" caused by fire
or lightning.
(3) This Hired Auto Physical Damage coverage is excess over any other collectible insurance.
(4) Definitions For This Section
(a) Comprehensive Coverage: from any cause except the covered "auto's" collision with another object
or the covered "auto's" overturn. We will pay glass breakage, "loss" caused by hitting a bird or animal
and, "loss" caused by falling objects or missiles.
(b) Collision Coverage: caused by the covered "auto's" collision with another object or by the covered
"auto's" overturn.
(Mental Anguish)
M. MENTAL ANGUISH
Under SECTION V— DEFINITIONS, C. is replaced by the following:
C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish or death
resulting from bodily injury, sickness, or disease.
(E�ended Cancellation Condition)
N. EXTENDED CANCELLATION CONDITION
Under CANCELLATION, of the COMMON POLICY CONDITIONS form, item 2.b. is replaced by the following:
b. 60 days before the effective date of cancellation if we cancel for any other reason.
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WC 00 03 13
(4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on the inception date of the policy
unless a different date is indicated below.
(The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement, effective on at 12:01 A.M. standard time, forms a part of
(DATE)
Policy No. of the
(NAME OF INSURANCE COMPANY)
issued to
Premium $
Authorized Representative
We have the right to recover our payments from anyone liable for an injury covered by this policy. We
will not enforce our right against the person or organization named in the Schedule. This agreement applies
only to the extent that you perform work under a written contract that requires you to obtain this
agreement from us.
This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.
Schedule
WC 00 03 13
(4-84) Copyright 1982, 1983 National Council on Compensation Insurance.
Page 356 of 890
CG 72 01 07 17
EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT
COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES
This is a summary of the various additional coverages and coverage modifications provided by this
endorsement. No coverage is provided by this summary.
" Extended Property Damage
" Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage
� Coverage for non-owned watercraft is extended to 51 feet in length
" Property Damage - Borrowed Equipment
* Property Damage Liability - Elevators
* Coverage D -Voluntary Property Damage Coverage
$5,000 Occurrence with a $10,000 Aggregate
* Coverage E - Care, Custody and Control Property Damage Coverage
$25,000 Occurrence with a $100,000 Aggregate - $500 Deductible
* Coverage F - Electronic Data Liability Coverage - $50,000
'` Coverage G - Product Recall Expense
$25,000 Each Recall Limit with a $50,000 Aggregate - $1,000 Deductible
" Coverage H -Water Damage Legal Liability - $25,000
" Coverage I - Designated Operations Covered by a Consolidated (Wrap-Up) Insurance Program - Limited Coverage
� Increase in Supplementary Payments: Bail Bonds to $1,000
� Increase in Supplementary Payments: Loss of Earnings to $500
* For newly formed or acquired organizations - extend the reporting requirement to 180 days
* Broadened Named Insured
* Automatic Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction
Agreement With You — Including Upstream Parties
* Contractors Blanket Additional Insured - Products - Completed Operations Coverage — Including Upstream Parties
* Automatic Additional Insured -Vendors
* Automatic Additional Insured- Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With
You
'` Automatic Additional Insured - Managers or Lessor of Premises
'` Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured
" Additional Insured - State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations
" Additional Insured - Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only - Owners, Lessees or
Contractors Automatic Status When Required in Construction Agreement With You
* Additional Insured - Employee Injury to Another Employee
* Automatically included -Aggregate Limits of Insurance (per location)
* Automatically included -Aggregate Limits of Insurance (per project)
* Knowledge of occurrence - Knowledge of an "occurrence", "claim or suiY' by your agent, servant or employee shall not
in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice
from the agent, servant or employee
* Blanket Waiver of Subrogation
'` Liberalization Condition
'` Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception
date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this
provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.
" "Insured Contract" redefined for Limited Railroad Contractual Liability
� Mobile equipment to include snow removal, road maintenance and street cleaning equipment less than 1,000 Ibs GVW
* Bodily Injury Redefined
REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 13 FOR CHANGES AFFECTING
YOUR INSURANCE PROTECTION
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CG 72 01 07 17
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SECTION I - COVERAGES
A. The following changes are made at COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY
1. Extended Property Damage
At 2. Exclusions exclusion a. Expected or Intended Injury is replaced with the following:
"Bodily injury" or"property damage" expected or intended from the standpoint of the insured. This exclusion does
not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or
property.
2. Expanded Fire Legal Liability
At 2. Exclusions the last paragraph is deleted and replaced by the following:
Exclusions c. through n. do not apply to damage by fire, explosion, lightning, smoke resulting from such fire,
explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with
permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III -
LIMITS OF INSURANCE.
3. Non-Owned Watercraft
At 2. Exclusions exclusion g. Aircraft, Auto Or Watercraft (2) (a) is deleted and replaced by the following:
(a) Less than 51 feet long;
4. Property Damage — Borrowed Equipment
At 2. Exclusions the following is added to paragraph (4) of exclusion j. Damage To Property:
This exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and while not being
used to perform operations. The most we will pay for "property damage" to any one piece of borrowed equipment
under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any
valid and collectible property insurance (including deductible) available to the insured, whether primary, excess,
contingent or on any other basis.
5. Property Damage Liability — Elevators
At 2. Exclusions the following is added to paragraphs (3), (4) and (6) of exclusion j. Damage To Property:
This exclusion does not apply to "property damage" resulting from the use of elevators. However, any insurance
provided for such "property damage" is excess over any valid and collectible property insurance (including
deductible) available to the insured, whether primary, excess, contingent or on any other basis.
B. The following coverages are added:
1. COVERAGE D -VOLUNTARY PROPERTY DAMAGE COVERAGE
"Property damage" to property of others caused by the insured:
a. While in your possession; or
b. Arising out of "your work".
Coverage applies at the request of the insured, whether or not the insured is legally obligated to pay.
For the purposes of this Voluntary Property Damage Coverage only:
Exclusion j. Damage to Property is deleted and replaced by the following:
j. Damage to Property
"Property damage" to:
(1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease,
operate or use;
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CG 72 01 07 17
(2) Property transported by or damage caused by any "automobile", "watercraft" or "aircraft" you own, hire or
lease;
(3) Property you own, rent, lease, borrow or use.
The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE
For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when
we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted
discretion in making payments under this coverage.
2. COVERAGE E - CARE, CUSTODY AND CONTROL PROPERTY DAMAGE COVERAGE
For the purpose of this Care, Custody and Control Property Damage Coverage only:
a. Item (4) of exclusion j. does not apply.
The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE
For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to
defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we
are granted discretion in making payments under this coverage.
3. COVERAGE F - ELECTRONIC DATA LIABILITY COVERAGE
For the purposes of this Electronic Data Liability Coverage only:
a. Exclusion p. of Coverage A — Bodily Injury And Property Damage Liability in Section I — Coverages is
replaced by the following:
2. Exclusions
This insurance does not apply to:
p. Electronic Data
Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or
inability to manipulate "electronic data" that does not result from physical injury to tangible property.
However, this exclusion does not apply to liability for damages because of "bodily injury".
b. "Property damage" means:
(1) Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use
shall be deemed to occur at the time of the physical injury that caused it; or
(2) Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to
occur at the time of the "occurrence" that caused it; or
(3) Loss of, loss of use of, damage to, corruption of, inability to access or inability to properly manipulate
"electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall
be deemed to occur at the time of the "occurrence" that caused it.
For the purposes of this Electronic Data Liability Coverage, "electronic data" is not tangible property.
The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE
4. COVERAGE G - PRODUCT RECALL EXPENSE
a. Insuring Agreement
(1) We will pay 90°/o of "product recall expense" you incur as a result of a "product recall" you initiate during
the coverage period.
(2) We will only pay for "product recall expense" arising out of "your products" which have been physically
relinquished to others.
The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE
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CG 72 01 07 17
b. Exclusions
This insurance does not apply to "product recall expense" arising out of:
(1) Any fact, circumstance or situation which existed at the inception date of the policy and which you were
aware of, or could reasonably have foreseen that would have resulted in a "product recall".
(2) Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the
manufacture, design, processing, storage, or transportation of "your producY'.
(3) The withdrawal of similar products or batches that are not defective, when a defect in another product or
batch has been found.
(4) Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or
directors.
(5) Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged.
(6) "Bodily injury" or "property damage".
(7) Failure of "your producY' to accomplish its intended purpose, including any breach of warranty of fitness,
quality, efficacy or efficiency, whether written or implied.
(8) Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any
other consequential damages.
(9) Legal fees or expenses.
(10) Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your
producY'.
(11) "Product recall expense" arising from the "product recall" of any of "your products" for which coverage is
excluded by endorsement.
(12) Any "product recall" initiated due to the expiration of the designated shelf life of "your producY'.
5. COVERAGE H -WATER DAMAGE LEGAL LIABILITY
The Insurance provided under Coverage H (Section I) applies to "property damage" arising out of water damage
to premises that are both rented to and occupied by you.
The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit.
The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE
6. COVERAGE I — DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE
PROGRAM
The following exclusion is added to Paragraph 2. Exclusions of SECTION I — COVERAGES COVERAGE A—
BODILY INJURY AND PROPERTY DAMAGE LIABILITY :
r. This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing
operations or operations included within the "products-completed operations hazard" for any "consolidated
(Wrap-up) insurance program" which has been provided by the prime contractor/project manager or owner of
the construction project in which you are involved.
This exclusion applies whether or not a "consolidated (Wrap-up) insurance program":
a. Provides coverage identical to that provided by this Coverage Part; or
b. Has limits adequate to cover all claims.
This exclusion does not apply if a "consolidated (Wrap-up) insurance program" covering your operations has
been cancelled, non-renewed or otherwise no longer applies for reasons other than exhaustion of all
available limits, whether such limits are available on a primary, excess or on any other basis. You must
advise us of such cancellation, nonrenewal or termination as soon as practicable.
For purposes of this exclusion a "consolidated (wrap-up) insurance program" is a program providing
insurance coverage to all parties for exposures involved with a particular (typically major) construction
project.
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CG 72 01 07 17
C. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended:
1. To read SUPPLEMENTARY PAYMENTS
2. Bail Bonds
Item 1.b. is amended as follows:
b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the
use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these
bonds.
3. Loss of Earnings
Item 1.d. is amended as follows:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of
the claim or"suit", including actual loss of earnings up to $500 a day because of time off from work.
4. The following language is added to Item 1.
However, we shall have none of the duties set forth above when this insurance applies only for Voluntary
Property Damage Coverage and/or Care, Custody or Control Property Damage Coverage and we have paid
the Limit of Liability or the Aggregate Limit for these coverages.
SECTION II - WHO IS AN INSURED
A. The following change is made:
Extended Reporting Requirements
Item 3.a. is deleted and replaced by the following :
a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or
the end of the policy period, whichever is earlier.
B. The following provisions are added:
4. BROAD FORM NAMED INSURED
Item 1.f. is added as follows:
f. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy
period only if there is no other similar insurance available to that entity. However:
(1) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired
more than 50 percent of the voting stock; and
(2) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed
before you acquired more than 50 percent of the voting stock.
5. Additional Insured - Owners, Lessees or Contractors-Automatic Status When Required in Construction
or Service Agreement With You — Including Upstream Parties
a. Any person or organization for whom you are performing operations when you and such person or
organization have agreed in writing in a contract or agreement that such person or organization be added as
an additional insured on your policy;
b. Any other person or organization you are required to add as an additional insured under the contract or
agreement described in Paragraph a. above.
Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising
out of:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured.
However, the insurance afforded to such additional insured:
1. Only applies to the extent permitted by law; and
2. Will not be broader than that which you are required by the contract or agreement to provide for such
additional insured.
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CG 72 01 07 17
c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to:
1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or
the failure to render, any professional architectural, engineering or surveying services, including:
a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; or
b. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which
caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising
injury", involved the rendering of or the failure to render any professional architectural, engineering or
surveying services.
2. "Bodily injury" or "property damage" occurring after:
a. All work, including materials, parts or equipment furnished in connection with such work, on the
project (other than service, maintenance or repairs) to be performed by or on behalf of the additional
insured(s) at the location of the covered operations has been completed; or
b. That portion of "your work" out of which the injury or damage arises has been put to its intended use
by any person or organization other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same project.
6. Additional Insured — Products Completed Operations Coverage — Including Upstream Parties
a. Any person or organization for whom you are performing operations when you and such person or
organization have agreed in writing in a contract or agreement that such person or organization be added as
an additional insured on your policy; and
b. Any other person or organization you are required to add as an additional insured under the contract or
agreement described in Paragraph a. above.
Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising
out of "your work" specified in the "written contracY' and included in the "products-completed operations hazard".
However:
(1) The insurance afforded to such additional insureds only applies to the extent permitted by law;
(2) If coverage provided to the additional insured is required by a contract or agreement, the insurance
afforded to such additional insured will not be broader than that which you are required by the contract or
agreement to provide for such additional insured.
(3) Such coverage will not apply subsequent to the first to occur of the following:
i. The expiration of the period of time required by the "written contract"; or
ii. The expiration of any applicable statute of limitations or statute of repose with respect to claims
arising out of "your work".
c. With respect to the insurance afforded to any additional insured under this endorsement, the following
additional exclusionary language shall apply:
This insurance does not apply to "bodily injury" or "property damage" arising out of the rendering of, or the
failure to render, any professional architecture, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; or
(2) Supervisory, inspection, architectural or engineering activities.
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7. Additional Insured -Vendors
a. Any person(s) or organization(s) (referred to throughout this additional coverage as vendor), but only with
respect to "bodily injury" or "property damage", which may be imputed to that person(s) or organization(s)
arising out of "your products" shown with the Schedule which are distributed or sold in the regular course of
the vendor's business is an insured.
However:
(1) The insurance afforded to such vendor only applies to the extent permitted by law; and
(2) If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such
vendor will not be broader than that which you are required by the contract or agreement to provide for
such vendor.
b. With respect to the insurance afforded to these vendors, the following additional exclusions apply:
(1) This insurance afforded the vendor does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of
the assumption of liability in a contract or agreement. This exclusion does not apply to liability for
damages that the vendor would have in the absence of the contract or agreement;
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor;
(d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or
the substitution of parts under instructions from the manufacturer, and then repackaged in the
original container.
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to
make or normally undertakes to make in the usual course of business, in connection with the
distribution or sale of products.
(� Demonstration, installation, servicing or repair operations, except such operations performed at the
vendor's premises in connection with the sale of the product.
(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a
container, part or ingredient of any other thing or substance by or for the vendor.
(h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts
or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion
does not apply to:
i. The exceptions contained in Sub-paragraphs d. or f.; or
ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally
undertakes to make in the usual course of business, in connection with the distribution or sale of
the products.
(2) This insurance does not apply to any insured person or organization, from whom you have acquired such
products, or any ingredient, part or container, entering into, accompanying or containing such products.
8. Additional Insured — Lessor of Leased Equipment — Automatic Status When Required in Lease
Agreement With You
a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or
organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be
added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with
respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly
arising out of the maintenance, operation or use of equipment leased to you, which may be imputed to such
person or organization as the lessor of equipment.
However, the insurance afforded to such additional insured:
(1) Only applies to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract or agreement to provide for such
additional insured.
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CG 72 01 07 17
A person's or organization's status as an additional insured under this endorsement ends when their contract
or agreement with you for such leased equipment ends.
b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any
"occurrence" which takes place after the equipment lease expires.
9. Additional Insured — Managers or Lessors of Premises
a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or
use of that part of the premises leased to you and subject to the following additional exclusions:
This insurance does not apply to:
(1) Any "occurrence" which takes place after you cease to be a tenant in that premises.
(2) Structural alterations, new construction or demolition operations performed by or on behalf of the
person(s) or organization(s) shown in the Schedule.
However:
(1) The insurance afforded to such additional insured only applies to the extent permitted by law; and
(2) If coverage provided to the additional insured is required by a contract or agreement, the insurance
afforded to such additional insured will not be broader than that which you are required by the contract or
agreement to provide for such additional insured.
10. Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured
a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to
liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to
that architect, engineer or surveyor arising out of:
(1) Your acts or omissions; or
(2) Your acts or omissions of those acting on your behalf;
in the performance of your ongoing operations performed by you or on your behalf.
But only if such architects, engineers or surveyors, while not engaged by you, are contractually required to be
added as an additional insured to your policy.
However, the insurance afforded to such additional insured:
(1) Only applies to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract or agreement to provide for such
additional insured.
b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury"
arising out of the rendering of or failure to render any professional services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys,
change orders, designs or specifications; or
(2) Supervisory, inspection or engineering services.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which
caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising
injury", involved the rendering of or the failure to render any professional services.
11. Additional Insured - State or Governmental Agency or Subdivision or Political Subdivision - Permits or
Authorizations
Any state or governmental agency or subdivision or political subdivision is an insured, subject to the following
provisions:
a. This insurance applies only with respect to operations perFormed by you or on your behalf for which the state
or governmental agency or subdivision or political subdivision has issued a permit or authorization.
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However:
(1) The insurance afforded to such additional insured only applies to the extent permitted by law; and
(2) If coverage provided to the additional insured is required by a contract or agreement, the insurance
afforded to such additional insured will not be broader than that which you are required by the contract or
agreement to provide for such additional insured.
b. This insurance does not apply to:
(1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations
performed for the federal government, state or municipality; or
(2) "Bodily injury" or "property damage" included within the "products-completed operations hazard".
12. Additional Insured Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only - Owners,
Lessees or Contractors
a. Any persons or organizations for whom you are performing operations, for which you have elected to seek
coverage under a Consolidated Insurance Program, when you and such person or organization have agreed
in writing in a contract or agreement that such person or organization be added as an additional insured on
your policy is an insured. Such person or organization is an additional insured only with respect to your
liability which may be imputed to that person or organization directly arising out of your ongoing operations
performed for that person or organization at a premises other than any project or location that is designated
as covered under a Consolidated Insurance Program. A person's or organization's status as an insured under
this endorsement ends when your operations for that insured are completed.
b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies.
This insurance does not apply to:
"Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or
failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; and
(2) Supervisory, inspection
13. Additional Insured - Employee Injury to Another Employee
With respect to your "employees" who occupy positions which are supervisory in nature:
Paragraph 2.a.(1) of SECTION II —WHO IS AN INSURED is amended to read:
a. "Bodily injury" or"personal and advertising injury"
(1) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if
you are a limited liability company);
(2) For which there is any obligation to share damages with or repay someone else who must pay damages
because of the injury described in paragraph (1)(a) above; or
(3) Arising out of his or her providing or failing to provide professional healthcare services. Paragraph 3.a. is
deleted.
For the purpose of this Item 13 only, a position is deemed to be supervisory in nature if that person performs
principle work which is substantially different from that of his or her subordinates and has authority to hire,
direct, discipline or discharge.
SECTION III - LIMITS OF INSURANCE
A. The following Items are deleted and replaced by the following:
2. The General Aggregate Limit is the most we will pay for the sum of:
a• Medical expenses under Coverage C;
b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in
the "products-completed operations hazard"; and
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c. Damages under Coverage B; and
d. Damages under Coverage H.
3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages
because of "bodily injury" and "property damage" included in the "products-completed operations hazard" and
Coverage G.
6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for
damages because of "property damage" to any one premises, while rented to you, or in the case of damage by
fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage while rented
to you or temporarily occupied by you with permission of the owner.
B. The following are added :
8. Subject to Paragraph 5. of SECTION III — LIMITS OF INSURANCE $25,000 is the most we will pay under
Coverage H for Water Damage Legal Liability.
9. Coverage G - Product Recall Expense
Aggregate Limit $50,000
Each Product Recall Limit $25,000
a. The Aggregate Limit shown above is the most we will pay for the sum of all "product recall expense" you
incur as a result of all "product recalls" you initiate during the endorsement period.
b. The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000
deductible, for "product recall expense" you incur for any one "product recall" you initiate during the
endorsement period.
We will only pay for the amount of "product recall expenses" which are in excess of the deductible amount. The
deductible applies separately to each "product recall". The limits of insurance will not be reduced by the amount
of this deductible.
We may, or will if required by law, pay all or any part of any deductible amount. Upon notice of our payment of a
deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid.
10. Aggregate Limits of Insurance (Per Location)
The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or
temporarily occupied by you with the permission of the owner.
"Location" means premises involving the same or connecting lots, or premises whose connection is interrupted
only by a street, roadway, waterway or right-of-way of a railroad.
11. Aggregate Limits of Insurance (Per Project)
The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented
to you.
12. With respects to the insurance afforded to additional insureds afforded coverage by items 5 through 13 of
SECTION II —WHO IS AN INSURED above, the following is added:
The most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement;
b. Available under the applicable Limits of Insurance shown in the Declarations;
Whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
13. Subject to 5. of SECTION III — LIMITS OF INSURANCE , a $5,000 "occurrence" limit and a $10,000 "aggregate"
limit is the most we will pay under Coverage A for damages because of "property damage" covered under
Coverage D -Voluntary Property Damage Coverage.
For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when
we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted
discretion in making payments under this coverage.
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CG 72 01 07 17
14. Subject to 5. of SECTION III — LIMITS OF INSURANCE , a $25,000 "occurrence" limit and a $100,000
"aggregate" limit is the most we will pay under Coverage E - Care, Custody and Control Coverage regardless
of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".
Deductible - Our obligation to pay damages on your behalf applies only to the amount of damages in excess of
$500.
This deductible applies to all damages because of "property damage" as the result of any one "occurrence"
regardless of the number of persons or organizations who sustain damages because of that "occurrence".
We may pay any part or all of the deductible amount to effect settlement of any claim or "suiY' and upon
notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has
been paid by us.
As respects this coverage "Aggregate" is the maximum amount we will pay for all covered "occurrences" during
one policy period.
For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to
defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we
are granted discretion in making payments under this coverage.
15. Subject to 5. of SECTION III — LIMITS OF INSURANCE , the most we will pay for "property damage" under
Coverage F - Electronic Data Liability Coverage for loss of "electronic data" is $50,000 without regard to the
number of "occurrences".
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS
A. The following conditions are amended:
1. Knowledge of Occurrence
a. Condition 2., Items a. and b. are deleted and replaced by the following:
(1) Duties In The Event Of Occurrence, Offense, Claim Or Suit
(a) You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which
may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in
itself constitute knowledge of the named insured unless an officer of the named insured has received
such notice from the agent, servant or employee. To the extent possible, notice should include:
i. How, when and where the "occurrence" took place;
ii. The names and addresses of any injured persons and witnesses, and
iii. The nature and location of any injury or damage arising out of the "occurrence" or offense.
(b) If a claim is made or "suit" is brought against any insured, you must:
i. Immediately record the specifics of the claim or "suit" and the date received; and
ii. Notify us as soon as practicable.
You must see to it that we receive written notice of the claim or "suit" as soon as practicable. Knowledge
of a claim or "suiY' by your agent, servant or employee shall not in itself constitute knowledge of the
named insured unless an officer of the named insured has received such notice from the agent, servant
or employee.
2. Where Broad Form Named Insured is added in SECTION II — WHO IS AN INSURED of this endorsement,
Condition 4. Other Insurance b. Excess Insurance (1).(a) is replaced by the following:
�a� Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an
insured solely by reason of ownership by you of more than 50 percent of the voting stock, and not
withstanding any other language in any other policy. This provision does not apply to a policy written to apply
specifically in excess of this policy.
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CG 72 01 07 17
B. The following are added:
10. Condition (5) of 2. "Duties in the event Occurrence, Offense, Claim or Suit" c. You or any other involved
insured must:
(5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at
your actual cost, excluding profit or overhead.
11. Blanket Waiver Of Subrogation
We waive any right of recovery we may have against any person or organization because of payments we make
for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing
operations performed by you or on your behalf, done under a contract with that person or organization, "your
work", or "your products". We waive this right where you have agreed to do so as part of a written contract,
executed by you before the "bodily injury" or "property damage" occurs or the "personal and advertising injury"
offense is committed.
12. Liberalization
If a revision to this Coverage Part, which would provide more coverage with no additional premium becomes
effective during the policy period in the state designated for the first Named Insured shown in the Declarations,
your policy will automatically provide this additional coverage on the effective date of the revision.
13. Unintentional Failure to Disclose All Hazards
Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose
all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part
because of such failure. However, this provision does not affect our right to collect additional premium or
exercise our right of cancellation or non-renewal.
14. The following conditions are added in regard to Coverage G - Product Recall Expense
In event of a "product recall", you must
a. See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice
should include how, when and where the "product recall" took place and estimated "product recall expense".
b. Take all reasonable steps to minimize "product recall expense". This will not increase the limits of insurance.
c. If requested, permit us to question you under oath at such times as may be reasonably required about any
matter relating to this insurance or your claim, including your books and records. Your answers must be
signed.
d. Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn
statement of loss containing the information we request to investigate the claim. You must do this within 60
days after our request.
e. Cooperate with us in the investigation or settlement of any claim.
f. Assist us upon our request, in the enforcement of any rights against any person or organization which may be
liable to you because of loss to which this insurance applies.
15. Limited Railroad Contractual Liability
The following conditions are applicable only to coverage afforded by reason of the redefining of an "insured
contract" in the DEFINITIONS section of this endorsement:
a. Railroad Protective Liability coverage provided by Railroad Protective Liability Coverage Form (CG 00
35) with minimum limits of $2,000,000 per occurrence and a $6,000,000 general aggregate limit must be in
place for the entire duration of any project.
b. Any amendment to the Other Insurance condition of Railroad Protective Liability Coverage Form (CG 00
35) alters the primacy of the coverage or which impairs our right to contribution will rescind any coverage
afforded by the redefined "insured contracY' language.
c. For the purposes of the Other Insurance condition of Railroad Protective Liability Coverage Form (CG
00 35) you, the named insured, will be deemed to be the designated contractor.
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CG 72 01 07 17
SECTION V - DEFINITIONS
A. At item 12. "Mobile equipment" the wording at f.(1) is deleted and replaced by the following:
f.(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction or resurfacing; or
(c) Street cleaning;
except for such vehicles that have a gross vehicle weight less than 1,000 Ibs which are not designed for highway
use.
B. Item 3. "Bodily injury" is deleted and replaced with the following:
3. "Bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish,
mental injury, shock, fright or death that results from such physical injury, sickness or disease.
C. Item 9. "Insured contract" c. is deleted and replaced with the following:
c. Any easement or license agreement;
D. Item 9. "Insured Contract" f.(1) is deleted
E. The following definitions are added for this endorsement only:
23. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or
from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tape
drives, cells, data processing devices or any other media which are used with electronically controlled
equipment.
24. "Product recall" means a withdrawal or removal from the market of "your producY' based on the determination by
you or any regulatory or governmental agency that:
a. The use or consumption of "your producY' has caused or will cause actual or alleged "bodily injury" or
"property damage"; and
b. Such determination requires you to recover possession or control of "your product" from any distributor,
purchaser or user, to repair or replace "your producY', but only if "your product" is unfit for use or
consumption, or is hazardous as a result of:
(1) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or
transportation of "your product"; or
(2) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by
someone other than you.
25. "Product recall expense" means reasonable and necessary expenses for:
a. Telephone, radio and television communication and printed advertisements, including stationery, envelopes
and postage.
b. Transporting recalled products from any purchaser, distributor or user, to locations designated by you.
c. Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or
independent contractors you hire.
d. Transportation and accommodation expense incurred by your employees.
e. Rental expense incurred for temporary locations used to store recalled products.
f. Expense incurred to properly dispose of recalled products, including packaging that cannot be reused.
g. Transportation expenses incurred to replace recalled products.
h. Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to
exceed your original cost of manufacturing, processing, acquisition and/or distribution.
These expenses must be incurred as a result of a "product recall".
26. "Written Contract" means a written contract or written agreement that requires you to make a person or
organization an additional insured on this Coverage Part, provided the contract or agreement:
a. Is currently in effect or becoming effective during the term of this policy; and
b. Was executed prior to:
(1) The "bodily injury" or "property damage"; or
(2) The offense that caused the "personal and advertising injury",
for which the additional insured seeks coverage under this coverage part.
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Page 369 of 890
Legal Staff- back to submitter Save draft $ �:
Legal-Review City Council GRC Contract Review Requested by:4/29/2026
Budget Review �
Rlldnnt Cnmmpnt -
k Legal Staff-back to submitter
Legal-Review City Council GRC Contract Review Requested
by:4/29/2026
Summary Action History
5/5/2026 1:32 PM
••• Mia Burbach is in process with task �
Legal Staff-back to submitter '
5/5/2026 1:32 PM
� Jason Lehman completed task ..
,/Need more Information
Contract is fine.I'm not sure whaYs
happening with Laserfiche,but the
only option I have on this one is
"Need more information."So,while it
may look like I need more
information,l really don't.
5/5/2026 12:35 PM
s/ Crenna Brumwell completed task ..
\Z Assign Staff
• Email was sent for reminder"Legal Task
Reminder"on May 3,2026 3:14 PM
• Email was sent for reminder"Legal Task
Reminder"on May 1,2026 3:14 PM
• Email was sent for reminder"Legal Task
Reminder"on April 29,2026 3:14 PM
• The task was assigned to Crenna Brumwell
on April 24,2026 3:13 PM
4/24/2026 3:13 PM
\Z Mia Burbach submitted a form
Message Start Event and started an instance
in process Legal-Review
\Z Submit '
Page 370 of 890
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G�ND RIVER CENTER OAK VIEW GROUP
April 17, 2026
City of Dubuque
Mia Burbach
City Hall, 50 W 13th Street
Dubuque, lowa
52001
Dear Mia Burbach,
Thank you for choosing the Grand River Center to host City Council Goal Setting!We are looking
forward to assisting you with the details to make your event a memorable experience for you and your
attendees.
Please review this agreement carefully, sign, and return. Once signed, we will counter-sign and send
you a copy for your records.
Upon completion of the booking process,we will work with you on the details of your event, including
scheduling, setups, catering,audio/visual services, and much more.
If you have any additional questions, please do not hesitate to reach out to me.
Thanks again,
Sincerely,
Rachel Clisch
Director of Sales and Marketing
Grand River Center- proudly managed by Oak View Group
Email: rachel.clisch@oakviewgroup.com
Phone: 563.239.9301
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�� �VG
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GRAND RIVER CENTER OAK VIEW GROUP
LICENSE AGREEMENT - GRAND RIVER CENTER
EVENT ID: 3603-65-65-18017
Effective Date: April 17, 2026
Licensee's Name("Licensee"): Facility("Facility"):
City of Dubuque Grand River Center
City Hall,50 W 13t"Street 500 Bell St
Dubuque, lowa 52001 Dubuque, IA 52001
Description of event to be held ("Event"):City Council Goal Setting
Expected attendance: 100
Base License Fee("Base License Fee"): U.S.$750 Food and Beverage Fee Minimum (the"F&B Minimum")
U.S.$1,600(exclusive of the then-current Management
Charge,which is currently at 22%but subject to increase,
and cash sales.)
Deposit Amount("Deposit"): U.S.$480; due as follows:
Payment Due Date Amount
De pos it 5/8/2026 $480
Date Time Function Space Setup AGR
Mon, 8/24/2026 4:00 PM-9:00 PM Meeting Meeting Room 4
5:00 PM-6:00 PM Dinner Meeting Room 4
Tue, 8/25/2026 4:00 PM-9:00 PM Meeting Meeting Room 4
5:00 PM-6:00 PM Dinner Meeting Room 4
Thu, 8/27/2026 4:00 PM-9:00 PM Meeting Meeting Room 4
5:00 PM-6:00 PM Dinner Meeting Room 4
Date Time Room Price Discount Estimate
8/24/2026 4:00 PM-9:00 PM Meeting Room 4 $500.00 $250.00 $250.00
8/25/2026 4:00 PM-9:00 PM Meeting Room 4 $500.00 $250.00 $250.00
8/27/2026 4:00 PM-9:00 PM Meeting Room 4 $500.00 $250.00 $250.00
Subtotal Estimate $1,500.00
Less Discounts $750.00
Flat Discount $750.00
Rental Estimate $750.00
Catering
Time Item/Title Qtv/Price Subtotal
Food and Beverage Minimum 1 Each @$1,600.00/Each $1,600.00
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Page 372 of 890
(exclusive of the then-current Management Charge,which is currently at 22%but subject to increase,and cash sales.)
Subtotal Estimate $1,600.00
Catering Estimate: $1,600.00
Item Charges Estimate $1,600.00
Event Charges Estimate $3,100.00
Less Discounts $750.00
Flat Discount $750.00
Subtotal $2,350.00
EVENT ESTIMATE $2,350.00
This License Agreement (the "Agreement") is between (i) Oak View Group ("Operator")as agent on behalf of the City of
Dubuque, lowa ("Owner"), and (ii)the Licensee set forth above.
Backqround
Owner is the owner of the Facility and has engaged Operator to manage and operate the Facility. Operator is
authorized by Owner to license the use of the Facility to others for the purpose of holding certain events. The purpose of
this Agreement is to set forth the terms and conditions on which Operator is granting Licensee a license to use the Facility
for the purpose of holding the Event. By signing below, the parties acknowledge receipt and understanding of all the terms
and conditions herein, including the below Standard Terms and Conditions.
ACCEPTED AND AGREED:
City of Dubuque Oak View Group
as agent on behalf of City of Dubuque, lowa
By: / /.(�/�'�1 �wh7������ BY�
General Manager
Pr�r,t Name: Michael C. Van Milligen
T�tie: City Manager Date:
�ate: 05/11/2026
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Page 373 of 890
STANDARD TERMS AND CONDITIONS
1. Grant of License; Licensed Premises. Subject to the terms and conditions of this Agreement,Operator grants to Licensee a license
to use the Licensed Premises during the Term,for the limited purpose of holding the Event(and for associated load in,set u p,and
load out of the Event, if applicable)and not for any other purpose. Licensee shall not have access rights or privileges in or to any
other part of the Facility besides the Licensed Premises,except for the privilege of ingress and egress through the public corridors at
the Facility,on a non-exclusive basis, as necessary to utilize the Licensed Premises. Unless agreed otherwise in writing by Operator,
the Event shall be by"invitation only"and will not be open to the public. Licensee shall use the Licensed Premises to hold and present
the Event in accordance with the terms and conditions of this Agreement and all rules and regulations of Operator or Owner pertaining
to the Facility(the"Facility Rules"),as modified from time to time upon notice to Licensee.
2. Term.The Term shall be as set forth above. If the Term is extended(which may occur only with the prior written consent of Operator)
Licensee shall be solely responsible for all costs and expenses incurred or required in connection with such extension. In addition, if
the Event(or any session thereof)runs beyond the agreed end time on any of the Event nights,or if load-out runs beyond the
proscribed time, Licensee shall be liable for any additional expenses incurred by Operator, including but not limited to payments to
union labor, if applicable.
3. Duties of Operator. Operator, at the cost and expense of Licensee except or as otherwise provided hereunder,shall provide(or
cause to be provided)the following in connection with the Event(the cost of which shall collectively constitute"Costs"):
(a) Staffinq.Any and all personnel as may be required by Operator(in its sole discretion)to properly staff the Facility for the
Event and for the proper and safe presentation of the Event, including,without limitation, personnel to set up and take down
the Event(including all riggers),security personnel, ushers,crowd control,first aid(EMT),fire personnel, supervisors,
electricians,janitorial staff,audio visual technicians,telecommunications staff,concession and catering staff,and other
necessary support services customarily provided by Operator for a like event,as applicable;and
(b) Additional Requested Items and Services.Additional items, personnel,and services,which Licensee requests to be
provided in connection with the Event and which Operator is reasonably able to provide,such as stagehands for set-up,take
down and productions,additional production requirements, and lighting and/or sound equipment other than the current
sound or lighting system in the Facility,all of which shall be subject to the approval of Operator.
It is understood by Licensee that services, labor,and equipment will be provided only to the extent of existing available inventory and
in consideration of other Facility events and activities.
4. Food and Beverage.The F&B Provider shall have the exclusive right to provide food and beverage services in connection with the
Event.The"F&B Provider"shall be the Operator or, if applicable,any third party the Facility has contracted with to be the exclusive
food and beverage provider for the Facility. No other individual or organization is permitted to bring food or beverage products into the
Facility,without the express written consent of Operator.
(a) Food&Beveraqe Fee. Licensee shall pay the F&B Provider for all food and beverage services provided at the Event(the
"F&B Fee"). Licensee acknowledges that the F&B Fee has been established based on Licensee's representation that the
F&B Fee hereunder will be no less than the F&B Minimum. In the event the actual F&B Fee is less than the F&B Minimum,
Operator shall have the right to increase the F&B Fee to the F&B Minimum.
(b) Banquet Event Order. No later than 21 days prior to the Event, Licensee and F&B Provider shall enter into a banquet event
order form including the specific menu items and estimate of number of people attending the Event for whom such items will
be provided(the"BEO"). Such BEO shall include an estimate of the F&B Fee and additional terms and conditions as may be
required by the F&B Provider. No later than 5 business days prior to the Event,the BEO shall be revised to reflect any
changes to the guaranteed number of people attending the Event.Once such BEO is entered into, Licensee shall be
required to pay,at a minimum,the F&B Fee specified therein, regardless of any subsequent changes requested to the menu
or attendance number. Unless otherwise agreed by Operator,the remaining balance of the F&B Fee not previously paid to
the F&B Provider shall be paid by Licensee by money order,wire transfer,or certified check on the day of the Event.
(c) All catered events are subject to a Management Charge that will be assessed at
the rate in effect at the time of any event. While that rate is currently set at 22% of
the goods and services provided, it is subject to increase by up to an additional
2% (to 24%) upon notice to Licensee. This Management Charge is the sole
property of the food/beverage service company or the venue owner/operator, as
applicable, and is used to cover costs and expenses in connection with the
catered event and administration of the event (excluding employee tips,
gratuities, and wages) and is not charged in lieu of a tip or gratuity. For avoidance
of doubt, the Management Charge is not a tip or gratuity, nor is it purported to be
4/9
Page 374 of 890
a tip or gratuity for any employee who provides services to guests (e.g., wait staff
employee, service employee, service bartender, and the like), and no part of the
Management Charge will be distributed (as a tip, gratuity, or otherwise) to any
employee who provides service to guests.
5. Fees; Deposits.
(a) License Fee. Licensee shall pay Operator the following amounts(collectively,the"Fee"), and unless otherwise set forth
above,the entire Fee shall be paid to Operator in advance of the Event:
1. Base License Fee;plus
2. F&B Fee;plus
3. Costs as set forth above,and any and other expenses that Licensee is obligated to reimburse Operator
for under this Agreement.
(b) Non-Refundable Deposit.A non-refundable Deposit in the amount set forth above is payable to Operator upon execution of
this Agreement. Such Deposit shall be credited to the Fee at settlement. Licensee shall not be entitled to the payment of any
interest whatsoever on the Deposit. If the Deposit(or any portion thereof)is not paid on or before the due date(s)specified
above,Operator may terminate this Agreement, in its sole discretion, by providing written notice of termination to Licensee.
Any such termination shall be in addition to any other rights or remedies available to Operator at law or in equity arising out
of such breach by Licensee, including Operator's right to recover damages.Any additional Costs relating to changes in the
Event requirements shall, unless otherwise agreed by Operator, be paid by Licensee by money order,wire transfer,or
certified check on the day of the Event, unless otherwise agreed by Operator in advance.
(c) Interest; Pavment. In the event Licensee fails to remit payment when due of any amounts due, interest shall accrue on such
overdue amounts at the rate of 1.5%per month(18%per annum),or the maximum rate permitted by law,whichever is less.
Unless otherwise agreed by Operator,all payments hereunder shall be made by money order,wire transfer,or certified
check.
6. Event Requirements. Licensee shall provide to Operator all necessary set-up instructions(personnel,equipment, utilities, layout,
etc.)for the Event no later than 30 days prior to the Event(or, if this Agreement is executed less than 30 days prior to the Event,then
immediately upon execution hereof)which shall include a copy of a full and complete floor plan for the Event(the"Event Plan"). If
such Event Plan is not provided to Operator by such date,or if changes are made to the Event Plan after they have been provided to
Operator,and Operator incurs additional costs or expenses as a result of such changes, Licensee shall be solely responsible for such
additional costs and expenses at Operator's prevailing rates. No set-up of any exhibits may begin without proof of approval of the
Event Plan by the local Fire Department/Fire Marshal for the town or city in which the Facility is located(the"Fire DepartmenY'),as
applicable,and by the Operator.
7. Advertising and Promotion. Licensee shall not publicize,or permit to be publicized,the Event prior to the execution of this
Agreement by Operator. Licensee represents and warrants that(i)it has all necessary rights,title,and license in and to any
advertising or promotion of the Event,and (ii)that all advertising of the Event will be accurate,truthful,and will include accurate
information of the Event times and ticket prices(if applicable).All Event-related advertising will be subject to the prior written approval
of Operator, not to be unreasonably withheld.All print and broadcast materials associated with the Event shall use the official Facility
name/logo as provided by Operator.Operator has no responsibility whatsoever to advertise or market the Event. Operator reserves
the right to display or sell,without limitation,advertising,and promotions within and around the Facility,and to retain all income from
such display or sale. Licensee shall not interfere with, block, remove,or otherwise disturb advertising or promotions within or around
the Facility without the prior written consent of Operator. Signs containing commercial or sponsored advertising messages must be
approved in advance in writing by Operator.
8. Permits and Licenses. Prior to the Event, Licensee shall procure,at its expense(i)all licenses, permits,and approvals required
under applicable laws in connection with its use of the Licensed Premises for the Event, including,without limitation,any I icenses,
permits,or approvals required by the Fire Department,and (ii)all licenses required by any performance rights organizations,such as
ASCAP, BMI, GMR, SESAC and SOCAN,for music or other works to be utilized or displayed in connection with the Event. Copies of
such licenses and proof of payment therefor shall be provided to Operator upon request. Notwithstanding anything contained herein to
the contrary, Licensee shall not be required to secure any permits for the general day-to-day occupancy of the Facility,or any music
licenses which have previously been secured by Operator or Owner,as communicated in writing to Licensee.
9. Indemnification; Limitation on Liability; No Warranties; Risk of Loss.
(a) Indemnification. Licensee hereby agrees to indemnify and defend Operator, Owner,any and all Facility vendors,and any
other present or future lender providing financing to,or in connection with,the construction or operation of,the Facility, and
each of their respective successors and assigns,and all past, current,and future agents, representatives,servants,officials,
regents,officers,directors or supervisors,consultants,and employees of the foregoing(collectively,the"Facility Parties")
from and against any and all claims,suits, losses, injuries,damages, liabilities,and expenses, including,without limitation,
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reasonable attorneys'fees and expenses(collectively,"Claims or Costs"),occasioned in connection with,arising or alleged
to arise,wholly or in part,from (i)any breach of this Agreement by Licensee, (ii)the exercise by Licensee of the privileges
herein granted,or(iii)the acts or omissions,or violation of any applicable law, rule, regulation,or order,of or by Licensee or
any of its agents,owners,officers,directors, members, managers, representatives,contractors,exhibitors,employees,
guests,or invitees(collectively,the"Licensee Parties").
(b) Limitation on Liabilitv. Operator shall not be liable under any circumstances to Licensee for any indirect,special, punitive,or
consequential damages,or loss of revenue or profits arising in connection with this Agreement,even if Licensee has been
advised of the possibility of such damages.
(c) Condition of Facilitv. Operator makes no warranty or representation to Licensee of any kind(express or implied)regarding
the suitability of or compliance with applicable laws,of the Facility,the Licensed Premises,or any portion thereof,as bui It,
for any aspect of the use Licensee expects or intends to make of the Facility. Licensee further agrees that the Facility and
specifically the Licensed Premises are being provided"AS IS", "WHERE IS"and "WITH ANY AND ALL FAULTS"and
without warranty, express or implied,as to the merchantability or fitness for the use thereof for any particular purpose.
(d) Risk of Loss. None of the Facility Parties shall be responsible or liable for any injury or death to any person or loss or
damage to the personal property sustained by any Licensee Party resulting from any condition,accident,or occurrence in or
upon the Licensed Premises, unless such injury, loss,or damage is due to the gross negligence or willful misconduct of a
Facility Party. Licensee acknowledges and agrees that all of its property or property of others in the Facility shall be used
and/or stored in the Facility at the sole risk of Licensee,and Licensee on behalf of itself and each Licensee Party hereby
waives and releases the Facility Parties from any and all Claims or Costs related thereto to the fullest extent permitted by
law.
(e) Survival.The provisions of this Section 9 shall survive any expiration or termination of this Agreement.
10. Insurance.
(a) Required Coveraqe/Required Terms. Licensee shall,at its sole cost and expense,acquire and maintain throughout the
Term, insurance as required on Exhibit A,attached hereto,and comply with all terms contained therein.
(b) Failure to Obtain Insurance. Operator shall also have the right to prohibit Licensee or any of the Licensee Parties from
entering the Facility until such certificates or other evidence that insurance has been obtained in complete compliance with
this Agreement is received by Operator. Licensee's failure to maintain the insurance required herein shall be a material
breach of this Agreement by Licensee and shall entitle Operator to terminate this Agreement upon notice to Licensee. IN
THE EVENT OF SUCH TERMINATION BY OPERATOR,THERE SHALL BE NO FURTHER LIABILITY OF ANY KIND OR
NATURE WHATSOEVER BY OPERATOR TO LICENSEE,AND OPERATOR SHALL RETAIN THE RIGHT TO PROCEED
WITH A LEGAL ACTION AGAINST LICENSEE TO RECOVER ANY AND ALL DAMAGES(INCLUDING WITHOUT
LIMITATION LOSS OF PROFITS)SUSTAINED BY OPERATOR BY REASON OF LICENSEE'S DEFAULT HEREUNDER.
(c) Non-Compliance. In the event that Licensee fails to procure and present the required insurance,Operator shall have the
right, but not the obligation,to do so on Licensee's behalf and at Licensee's expense and shall be entitled to reimbursement
for the costs thereof as part of the Fee.
11. Use of the Licensed Premises.
(a) Duty of Care; Return of Facilitv. Licensee shall use the Licensed Premises in a safe and careful manner. Licensee shall not
(and shall ensure that all Licensee Parties do not)mar,deface,or injure any part of the Facility. Upon conclusion of the
Term, Licensee shall deliver the Licensed Premises in as good condition and repair and in the condition received at the
beginning of the Term, normal wear and tear excepted.
(b) Return of Property. Immediately following the Event but no later than conclusion of the Term, Licensee shall immediately
remove from the Licensed Premises any and all property,goods,or other effects belonging to,or brought into the Facility by,
any Licensee Party. If Licensee fails to do so,Operator may store or cause to be stored any such property at Licensee's
expense.Alternatively, Operator may deem such property to be abandoned and sell such property in such a manner and to
such an extent as is permitted by applicable law and apply the proceeds of such sale(s)in a manner determined by Operator
in its sole discretion.
(c) Operator Access and Control. In licensing the use of the Licensed Premises to Licensee, it is understood that Operator does
not relinquish the right to control the management thereof and to enforce all necessary rules and regulations. Operator shall
at all times have the right to limit the number of people attending the Event,for the purpose of ensuring the safety of people
and property at the Facility.
(d) Disorderlv Conduct. Operator reserves the right at all times to refuse admission to or to cause to be removed from the
Event,the Licensed Premises,and/or the Facility any disorderly person, including Licensee's employees,agents,
contractors,exhibitors,guests,and invitees,as determined by Operator in its sole discretion,and in the event of the
exercise of such authority, Licensee hereby waives any and all claims for damages against Facility Parties on account
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thereof.
(e) Other Events. Licensee acknowledges that other events or activities may be scheduled within the Facility during the Term in
areas other than the Licensed Premises. Licensee acknowledges that the public parking areas surrounding the Facility are
not exclusive to or for the Event. Licensee agrees to adhere to a"good neighbor"policy and will not permit or allow to be
permitted,any activity in the Licensed Premises that will disturb use of other areas of the Facility by any other individual,
entity,organization,or event.
(f) Broadcastinq. Licensee shall not televise or broadcast the Event or any part thereof without the prior written approval of
Operator,which may be withheld in Operator's sole discretion,and may further be conditioned on Licensee(or an applicable
third party)paying an additional fee for the privilege to broadcast the Event, and/or Licensee procuring additional insurance
to cover such broadcasting activities.
(g) Coat Check. Unless otherwise agreed by Operator in writing, Operator reserves the exclusive right to operate,or contract for
the operation of,a coat checkroom,and to retain all revenue in connection therewith.
12. Non-Discrimination/Americans With Disability Act. Licensee agrees not to discriminate against any employee or applicant for
employment to be employed in the performance of or in relation to this Agreement,with respect to the hire,tenure,terms,conditions,
or privileges of employment,or any other matter directly or indirectly related to such employment,whether on account of race,creed,
marital status,color, religion, national origin,ancestry, age,sex,sexual orientation,gender identity,disability,or handicap,except
where based on a bona-fide occupational qualification.With respect to the Event, Licensee recognizes that it is subject to the
provisions of Title III of the Americans With Disabilities Act, as amended ("ADA").To the extent that Licensee reconfigures, modifies,
alters, rearranges,or otherwise prepares or"sets up"the Licensed Premises or any other portion of the Facility in order to
accommodate the Event, Licensee shall be responsible for ensuring that such areas comply(and continue to comply throughout the
Term)in all respects with the ADA, including without limitation with regard to accessibility, usability,and configuration. Licensee shall
be solely responsible for providing auxiliary aids or any modification of the Licensed Premises or other portions of the Facility that may
be required in order to accommodate the Event,and for ensuring that the policies, practices,and procedures it applies in connection
with the Event are in full compliance with the ADA.
13. Termination. Either party may terminate this Agreement in the event the other party fails to perform any of its material obligations
under this Agreement,and such failure has not been cured within 15 days(or 5 days in the event of a payment default)after the date
on which the breaching party receives written notice describing such breach in reasonable detail. Notwithstanding the foregoing, in the
event Licensee fails to provide the insurance certificate(s)required herein by the date due hereunder,or if Operator or Owner may
suffer irreparable harm as a result of the breach by Licensee,Operator shall not be required to wait any period of time before
terminating this Agreement or pursuing any remedies hereunder or under applicable law.Any termination of this Agreement shall not
prejudice any other right or remedy available to the non-breaching party at law or in equity. In the event Operator terminates this
Agreement due to a breach or default by Licensee,Operator may retain as damages any fees paid by Licensee under this Agreement
(including the Deposit),without prejudice to any other legal rights or remedies Operator may have.
14. Loss of Use of Facility; Force Majeure.
(a) "Event of Force Maieure"Defined."Event of Force Majeure"means any occurrence or condition beyond the reasonable
control of the party asserting it that prevents such party from performing its obligations under this Agreement and may
include,without limitation,fire,earthquake,flood, pandemic,epidemic,act of God,strike, lockout,or other labor dispute;
provided, however,that under no circumstances shall the monetary inability of a party to perform be considered an Event of
Force Majeure.
(b) Loss Affectinq the Facilitv or Event of Force Maieure Affectinq Operator.Should the Facility or any material part thereof be
destroyed or damaged by fire or by any other cause,or if any other Event of Force Majeure shall render the fulfillment of this
Agreement by Operator impractical,this Agreement shall terminate,and Operator shall not be liable or responsible to
Licensee for any damage or loss caused thereby. In such event,and provided that such casualty loss of Event of Force
Majeure was not caused by an act or omission of Licensee or its employees,agents, representatives,or affiliated parties,
Operator shall return the Deposit to Licensee, less any out-of-pocket costs incurred by Operator in connection with the Event
(for which Licensee shall remain liable).
(c) Event of Force Maieure Affectinq Licensee. Should Licensee be unable to take possession of the Facility or present the
Event due to an Event of Force Majeure,without limiting the terms of subsection (b)above, neither Operator nor Licensee
shall have any liability under this Agreement and Licensee,as its sole remedy and relief,shall receive a refund of any
uncommitted or cancelable advance payments,with the exception of the Deposit,which is nonrefundable.
15. Cancellation of Event by Licensee. In the event of a cancellation by Licensee of the Event no Deposit refund shall be made.
Additionally,and unless otherwise indicated by Section 14 above, Licensee shall be obligated to pay the full amount of the Fee
contemplated to be due hereunder had the Event actually occurred, including without limitation the F&B Fee.The parties agree that
Operator will be damaged by any such cancellation,and that the exact amount of such damages would be either impossible or
inconvenient to prove, and that the amounts set forth in the preceding sentence are a reasonable estimate of the amount of such
damages. The parties further agree that such amount shall constitute liquidated damages,and not a penalty of any kind.The
remedies set forth in this section are in addition to,and not in lieu of,any other rights or remedies Operator may have,at law or in
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Page 377 of 890
equity, in the event of a breach or cancellation of this Agreement by Licensee.
16. Miscellaneous.
(a) Compliance with Laws; Facilitv Rules,Taxes. Licensee shall comply with and shall cause all of the Licensee Parties to
comply with all laws, regulations, and ordinances applicable to it in connection with its performance under this Agreement as
well as all Facility Rules("Compliance Obligations").These Compliance Obligations include,without limitation, compliance
with all national,state,and local laws, regulations,and ordinances,as well as all Facility Rules implemented to reduce the
risk of transmission of COVID-19. Unless otherwise expressly stated herein,any items or services provided by Operator to
Licensee to assist Licensee in performing its Compliance Obligations shall be the sole responsibility of Licensee and
reimbursable to Operator as Costs. Licensee agrees to pay promptly all taxes assessed on its activities at the Facility
hereunder, including any sales tax on the payment of the Fee hereunder(which shall be in addition to the amounts due
hereunder).
(b) Governinq Law; Consent to Exclusive Jurisdiction.This Agreement shall be governed by the internal laws of the state or
commonwealth in which the Facility is located,without regard to conflict of laws principles.Any action arising out of or in
connection with this Agreement,or the conduct,acts,omissions,or activities of the parties hereunder, shall be brought in the
federal or state courts located in the state or commonwealth in which the Facility is located,and the parties hereby submit to
the exclusive jurisdiction of,and venue in,those courts.
(c) Manaqement Aqreement. Licensee recognizes Operator is entering into this Agreement pursuant to its specific authority in
the management agreement between Owner and Operator("Management AgreemenY')and to the extent such
Management Agreement expires or is terminated,or Operator ceases for any reason to be the manager of the Facility,
Operator shall have no independent liability under this Agreement and this Agreement shall remain in full force and effect
and all performance by Operator shall be rendered by Owner or the Facility's successor manager. If the Facility closes or
becomes non-operational, Operator or Owner may terminate this Agreement without liability.
(d) Assiqnment.This Agreement shall not be assigned nor shall Licensee's right to use the Licensed Premises be sublicensed
by Licensee without the prior written consent of Operator in each instance,which may be withheld in Operator's sole
discretion.Operator may assign this Agreement at any time to any party including,without limitation,any successor owner
or operator of the Facility.
(e) Waivers. No waiver shall be effective unless it is in writing and is signed by the party to be charged. No delay or failure to
exercise any right or remedy accruing to any party shall impair any such right or remedy, nor shall it be construed as a
waiver of any future right or remedy.
(f) Relationship of the Parties.The parties are independent contractors,and nothing in this Agreement shall be construed to
create a partnership,joint venture,employment,or agency relationship.
(g) Notices.All notices shall be in writing and shall be deemed delivered 3 days after deposit in the U.S. mail,certified, return
receipt requested,to Licensee and Operator at the address set forth above(Attn:General Manager),with a courtesy copy
sent via electronic mail.A copy of all notices to Operator to be sent to OVG360, 150 Rouse Blvd., Philadelphia, PA 19112,
Attn: Legal Department, Email: OVG360Leqal an.oakviewqroup.com.
(h) Severabilitv. If any provision of this Agreement is declared invalid or unenforceable by an arbitrator or court of competent
jurisdiction,such provision shall be severed from the remainder of this Agreement,which shall remain in full force and effect.
(i) Attorneys' Fees. In case any suit or action is instituted by Operator to enforce compliance with this Agreement, including all
appeals, Operator shall be entitled to recover all reasonable costs incurred, including staff time,court costs,attorneys'fees,
and all other related expenses,from Licensee, in addition to the costs and disbursements provided under applicable laws.
(j) No Third-Partv Beneficiaries Entire Aqreement. No other party shall be or be deemed to be a third-party beneficiary of this
Agreement,except for Owner,who is an intended third-party beneficiary of the obligations of Licensee under this
Agreement,entitled to enforce this Agreement directly against the Licensee as if Owner was a party hereto.This Agreement
constitutes the entire agreement and understanding of the parties regarding its subject matter,and supersedes any and all
prior agreements, understandings, or communications between the parties,whether oral or written.This Agreement may not
be amended except by a writing signed by an authorized representative of each party. In the event of a conflict between the
terms of this Agreement and the terms set forth in any exhibits or addenda attached hereto,the terms of this Agreement
shall govern.This Agreement shall be binding upon and inure to the benefit of all successors and permitted assigns.
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Exhibit A
Insurance Obliqations
Licensee shall obtain,at its own cost and expense,the following insurance:
(a) CGL Coveraqe. Licensee shall obtain commercial general liability insurance in the name of Licensee which insures all operations of
Licensee (including operations of Licensee as contemplated by this Agreement), and Licensee's contractual undertaking of liability of
another and Licensee's assumption of liability,as set forth in this Agreement. Such insurance shall be written with a limit of at least One
Million Dollars ($1,000,000.00)for bodily injury, property damage and personal injury, with a Two Million Dollars ($2,000,000) General
Aggregate.
(b) Workers' Compensation Coveraqe. Licensee shall maintain, at its own cost and expense,workers'compensation insurance in respect
of all employees, players, performers and any borrowed, leased or other person to whom such compensation may be payable by
Licensee.
(c) Automobile Liability Coveraqe. If Licensee is operating or causing the operation of vehicles on the premises of the Facility, Licensee
shall maintain commercial automobile liability insurance, including coverage for the operation of owned, leased, hired and non-owned
vehicles,in the minimum amount of Five Hundred Thousand Dollars($500,000.00)per accident,combined single limit for personal injury
and property damage.
Additional Terms:
• Other than in connection with workers' compensation policies, all such insurance shall name Oak View Group and City of Dubuque,
lowa as additional insureds.The naming of City of Dubuque„ lowa as an additional insured shall not constitute a waiver of the defenses
available to City of Dubuque, under Chapter 670 of the Code of lowa.
• Certificates of Insurance.At least 30 days prior to the Event(or immediately upon execution hereof,if less than 30 days remain before
the Event),the Licensee shall provide to the Operator certificate(s)of insurance evidencing the coverages set forth above.
• Insurance policies shall be issued by insurance companies authorized to do business by the State of lowa and have an A.M. Best rating
of at least A-VIII or better for the duration of the Agreement, include a waiver of subrogation in favor of the Facility Parties and be primary
and non-contributory with any available insurance policies and programs of self-insurance of the Facility Parties.
• Licensee shall not cancel or otherwise modify policies set forth above without 30 business days' prior written notice to Operator and in
the event of a non-payment of premium by Licensee,shall issue 10 days'prior written notice to Operator.
. Insurance effected or procured by Licensee hereunder will not reduce or limit Licensee's contractual obligation to indemnify and defend
the Facility Parties hereunder.
. All such policies shall be in such form and contain such provisions as are generally considered standard for the type of insu rance involved.
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T ORDERFORM
0
GoTo Technologies USA, LLC
333 Summer Street, 5th Floor
Boston, MA 02210-1702
CONTACT INFORMATION.
Customer: City of Dubuque GoTo Representative:
Address: 1300 Main St, Dubuque, IA USA, 52001-4732
Name: Jacob Eddy
Main Contact: Scott Schlichte Email: jacob.eddy@goto.com
Email: sschlich@cityofdubuque.org Phone:
Phone: Fax:
GoTo Account Email: sschlich@cityofdubuque.org QUOTE OR OID#: 00437899
UID#:6000622776
GOTO Opp ID#: 2604038638524
VATITVAIABN Number: Quote Date:Apr-27-2026
Quote Expiration Date: Jun-30-2026
TERM&BILLING INFORMATION.
Term and Billing Frequency:Annual Annual
Payment Method: Invoice
AGREEMENT.
This Order Form is governed by the terms of the Terms of Service found at https://www.qoto.com/company/leqal/terms-and-
conditions unless: Customer has a written agreement mutually agreed upon by GoTo for such Services, in which case such
written agreement will govern;or(ii) to the extent otherwise set forth in the Supplemental Terms below. The foregoing shall
exclude any terms and conditions referenced on a Customer purchase order and will incorporate the Contractinp Entities
Table and the Service Descriptions.
Supplemental Terms: Notwithstanding anything to the contrary in the Agreement,the following supplemental Terms apply:
• The effective date of this Order Form is Ju1-01-2026.
SIGNATURES. By signing below, the signatory represents it is legally authorized to enter into the Agreement and agrees to be bound to all terms
contained in the A reement.
CUSTOMER:City of Dubuque If Billing Contact is different than above,please provide:
Signature: � //����� Billing Address:
��J�/"'�"� Wh
�
Name: Billingllnvoicing Contact:
Michael C. Van Milligen Telephone:
Email:
Tit�e: City Manager
Customer Authorized Si nator
Date: 05/11/2026
Page 380 of 890
SERVICES&FEE SUMMARY.The table below reflects the revised Services purchased. If you subscribe to other Services not stated
below,such subscriptions shall continue in accordance with the terms of the applicable Services Order and the Agreement.You agree to
use the Services in accordance with the applicable Use Levels below.All fees are exclusive of VAT, GST and any other applicable taxed
and/orfees.
Service Number of Users User Type Tier Contract Monthly New Total
Term Subscription Subscription
(Months) Fee per User Fee
Increasel Decreasel Existing New Total
Remains
GoToMyPC Corporate Service Decrease 238 85 NAC 12 4.00 USD 4,080.00
TOTAL AMOUNT USD 4,080.00
Page 381 of 890
Dubuque City of Dubuque
THE CITY OF
�.�� Parks&Recreation Department
DT T� � 1 I I I I I 2200 Bunker Hill Rd.
V (address)
Masterpiece on t11e Mississippi zoi�*zoi�9 Dubuque, IA 52001
PhOne # 563-589-4263
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
Fischer Bros. LLC (Contractor) at
(Contractor Name)
4750 W. Park Avenue, Chippewa Falls, WI. 54729
(Contractor's Address - City and State)
PROJECT TITLE: Flora Water Slide Flume resurfacing
(Project)
For and in consideration of the mutual covenants herein contained, the parties hereto agree as
follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for:
the resurfacing of the water slide flumes at Flora Pool
The work described above shall be completed at the following location(s):
Flora Pool -2525 Green St.
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 382 of 890
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 383 of 890
8. The Contractor shall fully complete the Project under this Contract on or before
6/15/26
(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 384 of 890
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 385 of 890
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: $ �o,000
CITY OF DUBUQUE, IOWA CONTRACTOR:
By: �I�� ��,�� 05/11/2026 FischerBros. LLC
Date Co any Name
By: �''�c.,,,,. ��—�-- 05/01/2026
Signatur Date
Andrew Fischer
Printed Name
Owner
Title
Page 386 of 890
EXHIBIT A
CONSENT DECREE
RELATING TO THE
CITY OF DUBUQUE, IOWA
WATER & RESOURCE RECOVERY CENTER
AND
SEWER COLLECTION SYSTEM
NO CONTRACTOR OR CONSULTANT MAY PERFORM ANY WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SEWER CONNECTION
SYSTEM UNLESS A SIGNED COPY OF THIS DOCUMENT IS RETURNED TO THE CITY OF DUBUQUE
ENGINEERING DEPARTMENT
The City of Dubuque, lowa has entered into a Consent Decree in the case of The United States of America,
and the State of lowa v. The City of Dubuque, lowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action
Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern
District of lowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers,
directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under
contract with the City to perform the obligations of the Consent Decree.
The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to
perform work required by the Consent Decree.
A copy of the Consent Decree can be found at
http://www.cityofdubuque.orq/DocumentCenter/Home/View/3173. A paper copy is available upon request
from the City of Dubuque Engineering Department.
The City must condition any contract to perform work required under the Consent Decree upon performance
of the work in conformity with the provisions of the Consent Decree.
The Consent Decree also provides that until five years after the termination of the Consent Decree, the City
shall retain, and shall instruct its contractors and agents to preserve, all non-identical copies of all documents,
reports, data, records, or other information (including documents, records, or other information in electronic
form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or
agents' possession or control, and that relate in any manner to the City's perFormance of its obligations under
this Consent Decree, including any underlying research and analytical data. This information-retention
requirement shall apply regardless of any contrary City, corporate or institutional policies or procedures. At
any time during this information-retention period, upon request by the United States or the State, the City
shall provide copies of any documents, reports, analytical data, or other information required to be maintained
under the Consent Decree. At the conclusion of the information-retention period, the City shall notify the
United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or
other information subject to such requirements and, upon request by the United States or the State, the City
shall deliver any such documents, records, or other information to the EPA or IDNR.
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Certification by Contractor or Consultant
The undersigned, on behalf of the Contractor or Consultant, with full authority to act on behalf of the
Contractor or Consultant, certifies to the City of Dubuque as follows:
1. I have received a copy of the Consent Decree in the case of The United States of America, and the State
of lowa v. The City of Dubuque, lowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action Number
2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of
lowa.
2. All work performed will be in conformity with the provisions of the Consent Decree.
3. All documents, reports, data, records, or other information (including documents, records, or other
information in electronic form) that relate in any manner to the performance of obligations under the Consent
Decree, including any underlying research and analytical data, will be retained as required by the Consent
Decree.
The Contractor or Consultant agrees to defend, indemnify, and hold harmless the City, its officers, agents,
or employees from and against any claims, including penalties, costs and fees as provided in the Consent
Decree, relating to or arising out of the Contractor's or Consultant's failure to comply with the Consent
Decree.
Contractor or Consultant:
By:
its�
Date:
Return siqned copy to:
Engineering Department
50 W. 13th Street
Dubuque IA 52001
Page 388 of 890
EXHIBIT B
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOW ALL BY THESE PRESENTS:
That we, , as Principal
(hereinafter the "Contractor" or "Principal") and
, 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
dollars
($ ), lawful money of the United States, for the payment of which sum, well and truly
to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by
these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a contract with
the Owner, bearing date the day of , 20_, (hereinafter the "Contract")
wherein said Contractor undertakes and agrees to construct the following project in accordance with the
Contract Documents, and to faithfully perform all the terms and requirements of said Contract within the time
therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. The
Contract Documents for
Project detail the
following described improvements:
INSERT PROJECT DESCRIPTION
(Use description from Notice to Bidders)
It is expressly understood and agreed by the Contractor and Surety in this Bond that the following provisions
are a part of this Bond and are binding upon said Contractor and Surety, to-wit:
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 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
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is made a part hereof as though fully set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense:
A. To remedy any and all defects that may develop in or result from work to be perFormed under
the Contract Documents within the period of two (2) year(s) from the date of acceptance of the
work under the Contract, by reason of defects in workmanship, equipment installed, or materials
used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any defects
are remedied, and to repay the Owner all outlay and expense incurred as a result of Contractor's
and Surety's failure to remedy any defect as required by this section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or materials not
discovered or known to the Owner at the time such work was accepted.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary
notwithstanding, to the following provisions:
A. To consent without notice to any extension of time authorized in approved change orders to the
Contractor in which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents, authorized in
approved change orders which thereby increases the total contract price and the penal sum of
this Bond, provided that all such changes do not, in the aggregate, involve an increase of more
than twenty percent (20%) of the total contract price, and that this Bond shall then be released
as to such excess increase;
C. To consent without notice that this Bond shall remain in full force and effect until the Contract is
completed, whether completed within the specified contract period, within an extension thereof,
or within a period of time after the contract period has elapsed and the agreed damage penalty
is being charged against the Contractor.
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary
notwithstanding, to the following provisions:
D. That no provision of this Bond or of any other contract shall be valid that limits to less than five
(5) years after the acceptance of the work under the Contract the right to sue on this Bond.
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but
shall include the actual and reasonable costs and expenses incurred by the Owner including
interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense"would
include but not be limited to all contract or employee expense, all equipment usage or rental,
materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's
staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is
intended the Contractor and Surety will defend and indemnify the Owner on all claims made
against the Owner on account of Contractor's failure to perform as required in the Contract and
Contract Documents, that all agreements and promises set forth in the Contract and Contract
Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner
Page 390 of 890
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 obligation is such that if said Principal shall faithfully perform all the
promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this
Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this
Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract
Documents, it shall be interpreted or construed as defined in applicable provisions of the 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.
Project No.
Witness our hands, this day of , 20_.
SURETY COUNTERSIGNED BY: PRINCIPAL:
Signature of Agent Contractor
By:
Printed Name of Agent Signature
Company Address Printed Name
City, State, Zip Code Title
Company Telephone Number FORM APPROVED BY:
Page 391 of 890
Representative for Owner
SURETY:
Surety Company
By:
Signature Attorney-in-Fact Officer
Printed Name of Attorney-in-Fact Officer
Company Name
Company Address
City, State, Zip Code
Company Telephone Number
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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.
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EXHIBIT C
INSURANCE SCHEDULE F
Class A:
Asbestos Removal Fiber Optics Sanitary Sewers
Asphalt Paving Fire Protection Sheet Metal
Concrete Fireproofing Site Utilities
Construction Managers General Contractors Shoring
Cranes HVAC Special construction
Culverts Mechanical Steel
Decking Paving & Surfacing Storm sewers
Demolition Piles & Caissons Structural Steel
Deconstruction Plumbing Trails
Earthwork Retaining Walls Tunneling
Electrical Reinforcement Water main
Elevators Roofing
Class B:
Chemical Spraying Masonry Rough Carpentry
Doors, Window & Vehicular Snow Stump Grinding
Glazing Removal Tank Coating
Drywall Systems Painting & Wall Tree Removal
Fertilizer Application Covering Tree Trimming
Geotech Boring Pest Control Tuckpointing
Insulation Scaffolding Waterproofing
Finish Carpentry Sidewalks Well Drilling
Landscaping Plastering
Class C:
Carpet Cleaning
Carpet & Resilient
Flooring
Caulking & Sealants
Acoustical Ceiling
Filter Cleaning
General Cleaning
Grass Cutting
Janitorial
Non Vehicular Snow &
Ice Removal
Office Furnishings
Power Washing
Tile & Terrazzo
Flooring
Window Washing
Page 394 of 890
INSURANCE SCHEDULE F (continued)
1. Contractor shall furnish a signed certificate of insurance to the department responsible for the contract
for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term
of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at
the end of each project with the final billing. Each certificate shall be prepared on the most current
ACORD form approved by the lowa Department of Insurance or an equivalent approved by the Director
of Finance and Budget or Designee. The certificate must clearly indicate the project number, project
name, or project description for which it is being provided Eg: Project# Project
name: or Project Location at or
construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa
and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each Certificate required shall be furnished to the Department of the City of Dubuque.
4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of
these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall
be considered a material breach of this contract.
5. Contractor shall require all subcontractors and sub-subcontractors to obtain and maintain during the
performance of work insurance for the coverages described in this Insurance Schedule and shall obtain
certificates of insurance from all such subcontractors and sub-subcontractors. Contractor agrees that it
shall be liable for the failure of a subcontractor and sub-subcontractor to obtain and maintain such
coverage. The City may request a copy of such certificates from the Contractor.
6. All required endorsements shall be attached to the certificate. The certificate is due before the
contract/agreement can be approved.
7. Whenever an ISO form is referenced the current edition must be provided.
8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other
legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are higher than
the required minimum limit, then the contractor's limits shall be this agreement's required limits.
9. Contractor shall be responsible for deductibles and self-insured retention for payment of all policy
premiums and other cost associated with the insurance policies required below.
10. All certificates of insurance must include agents name, phone number, and email address.
11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance
policies, including endorsements, required by this Schedule at any time.
12. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the contract, subject to written
mutual agreement attached hereto.
Page 395 of 890
INSURANCE SCHEDULE F (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit$2,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general liability
coverage shall be written in accord with ISO form CG 00 01 or business owners form BP
00 02. All deviations from the standard ISO commercial general liability form CG 00 01
or business owners form BP 00 02 shall be clearly identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate
LimiY' or CG 25 03 "Designated Construction Project(s) General Aggregate LimiY' as
appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement. (Sample attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees, agents, and volunteers, all its boards, commissions and/or authorities
and their board members, employees, agents, and volunteers. Use ISO form CG 20
10 (Ongoing operations).
6) The additional insured endorsement shall include completed operations under ISO form
CG 20 37 during the project term and for a period of two years after the completion of
the project.
7) Policy shall include Waiver of Right to Recover from Others endorsement.
8) Policy shall include cancellation and material change endorsement providing thirty (30)
days advance written notice of cancellation, non-renewal, reduction in insurance
coverage and/or limits and ten (10) days written notice of non-payment of premium shall
be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, lowa
52001.
9) Contractor and subcontractor shall not use any drone without the prior written approval
of the City of Dubuque. Any drone usage must comply with above liability limits and the
additional insured endorsement must name the City of Dubuque with respect to aircraft
liability coverage.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by lowa Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Page 396 of 890
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by lowa Code Section 85.1A, the Contractor is not required to purchase Workers'
Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of
Workers' Compensation or Employers' Liability Coverage form on file with the lowa
Workers' Compensation Insurance Commissioner, as required by lowa Code Section 87.22.
Completed form must be attached.
C) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned, and hired vehicles. If the Contractor's business
does not own any vehicles, coverage is required on non-owned and hired vehicles.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
D) UMBRELLA/EXCESS LIABILITY
The General Liability, Automobile Liability and Employer's Liability Insurance requirements may
be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the
Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall
include the same endorsements as required of the primary policies including but not limited to
Waiver of Subrogation and Primary and Non-contributory in favor of the City.
All Class A contractors with contract values in excess of$10,000,000 must have
umbrella/excess liability coverage of$10,000,000.
All Class A and Class B contractors with contract values between $500,000 and $10,000,000
must have umbrella/excess liability coverage of$3,000,000.
All Class A and B contractors with contract values less than $500,000 must have
umbrella/excess liability coverage of$1,000,000.
All Class C contractors are not required to have umbrella/excess liability coverage.
All contractors performing earth work must have a minimum of$3,000,000 umbrella regardless
of the contract value.
E) POLLUTION LIABILITY
Coverage required: _Yes _ No
Pollution liability coverage shall be required if project involves any pollution exposure for
hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos,
or PCB's. Pollution product and complete operations coverage shall also be covered.
Each Occurrence $2,000,000
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Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees, agents, and volunteers, all its boards, commissions and/or authorities
and their board members, employees and volunteers. Use ISO form CG 20 10.
(Ongoing operations) or its equivalent and CG 20 37 (completed operations) or its
equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
5) Include endorsement indicating that coverage is primary and non-contributory.
6) Policy shall include waiver of right to recovery from others endorsement.
7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability-Broadened
Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles
that transport fuel onto the Owner's property.
F) RAILROAD PROTECTIVE LIABILITY
Coverage required: _Yes _ No
Any contract for construction or demolition work on or within fifty feet (50') from the edge of the
tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds, tunnel,
underpass, or crossing, for which an easement, license or indemnification of the railroad is
required, shall require evidence of the following additional coverages.
Railroad Protective Liability:
$ each occurrence (per limits required by Railroad)
$ policy aggregate (per limits required by Railroad)
AND
An endorsement to the Commercial General Liability policy equal to ISO CG 24 17 (Contractual
Liability-Railroads). A copy of this endorsement shall be attached to the certificate of insurance.
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lowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which
may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is
requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to
preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities
is for your benefit.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv. The insurer 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 Coveraqe. The insurer further agrees that this policy of insurance shall cover only those claims
not subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists
and as it may be amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be
covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunitv. 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 insurer.
4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer shall not
deny any of the rights and benefits accruing to the City of Dubuque, 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.
No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or
alter the coverage available under the policy.
Page 399 of 890
EXHIBIT D
LEGAL COMPLIANCE
a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
c) Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq), (prohibits
discrimination on the basis of age);
fl Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
g) The Civil Rights Restoration Act of 1987, (PL 100-209); (broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964 to include that entities that receive
federal funding must comply with civil rights legislation, including the Civil Rights Act of 1964,
the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, in all
operations, not just in the program or activity receiving federal funding);
h) Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as
implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38;
i) The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
j) Section 1557of the Affordable Care Act (prohibits discrimination on the basis of national
origin);
k) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.)
(prohibits discrimination because of sex in education programs or activities);
I) Drug Abuse Office and Treatment Act of 1972, as amended (21 U.S.C. § 1101 et seq.); and
m) Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as
amended (42 U.S.C. § 4541, et seq.).
Page 400 of 890