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Proposed Conduit Facilities Agreement With Windstream - MAY 4 MEETING???????? - DELETE FROM HERE?????? Copyrighted May 4, 2026 City of Dubuque CONSENT ITEMS # 11. City Council ITEM TITLE: Proposed Conduit Facilities Agreement With Windstream SUMMARY: City Manager recommending City Council approval of a Conduit Facilities Agreement between the City of Dubuque and Windstream providing Windstream with access to conduit to expand fiber services in the City of Dubuque. SUGGUESTED Receive and File; Approve DISPOSITION: ATTACHMENTS: 1. MVM Memo Proposed Conduit Facilities Agreement 2. Windstream Cedar Cross Duct Lease Memo 3. Windstream Cedar Cross Duct Lease Agreement 20260422 ��Q��5�eee Dubuque THE CITY OF � uF�.e�a cih DuB E ; . � , I � � I. Maste iece on the Mississi i Zoo�•zoiz•zois YP pP 2017*2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proposed Conduit Facilities Agreement DATE: April 26, 2026 Civil Engineer III David Ness and Sustainable Innovation Consultant David Lyons are recommending City Council approval of a Conduit Facilities Agreement between the City of Dubuque and Windstream providing Windstream with access to conduit to expand fiber services in the City of Dubuque. Windstream operates a significant internet and communications network in Dubuque. They planned to expand that network to include the Cedar Cross Road area but the limited right-of-way available and costs to obtain additional right-of-way made the project cost prohibitive. The City communicated that it had an available micro-duct along the route needed by Windstream and would be open to collaborating to support their expansion. City and Windstream teams met and developed a proposed Conduit Facilities Agreement under which Windstream would be able to access that micro-duct and in return would reimburse City costs for developing and maintaining its network with a one-time payment of$32,500 . I concur with the recommendation and respectfully request Mayor and City Council approval. � Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Phihoyos, City Engineer David Ness, Civil Engineer III David Lyons, Sustainable Innovation Consultant Barry Lindahl, Senior Counsel Jim Bousley, Project Engineer Joe Pregler, Chief Information Officer ��Q��5�eee Dubuque THE CITY OF � All•AAeriaa Ciry DuB E �� ;�� o; I I Maste iece on the Mississi i zoo�•�oiz-zois YP Pp zoi�*Zoi9 TO: Michael C. Van Milligen, City Manager FROM: David Ness, Civil Engineer III David Lyons, Sustainable Innovation Consultant DATE: April 22, 2026 RE: Proposed Conduit Facilities Agreement. INTRODUCTION The purpose of this memo is to request approval of a Conduit Facilities Agreement between the City of Dubuque and Windstream providing Windstream with access to conduit to expand fiber services in the City of Dubuque. BACKGROUND In 2016 the City of Dubuque undertook its Broadband Acceleration Initiative. The Initiative focuses on public/private collaborations and includes a comprehensive strategy to reduce the cost and time required for broadband expansions in Dubuque. Since that time the Initiative has resulted in collaborations with nine separate internet providers, significantly increased access and choice of provider in Dubuque and reduced the City's cost in deploying and maintaining a world class fiber network. Collaborations on fiber and conduit also assist in managing limited right-of-way within the City. DISCUSSION Windstream operates a significant internet and communications network in Dubuque. They planned to expand that network to include the Cedar Cross Road area but the limited right-of-way available and costs to obtain additional right-of-way made the project cost prohibitive. The City communicated that it had an available micro-duct along the route needed by Windstream and would be open to collaborating to support their expansion. City and Windstream teams met and developed a proposed Conduit Facilities Agreement under which Windstream would be able to access that micro-duct and in return would reimburse City costs for developing and maintaining its network with a one-time payment of$32,500 ��Q��5�eee This Agreement was originally prepared in 2025 and was executed by Windstream on February 5, 2025. Due to staff turnover and the retirement of a City employee involved in the routing of the document, the Agreement was not completed with the City's signature at that time. The Agreement has since been rediscovered, and staff is now requesting completion of the approval process so the document can be fully executed. BUDGET IMPACT There is no negative impact to the City budget as the micro-duct is presently unused and Windstream will be reimbursing the City $32,500 for City's costs in providing this micro-duct and maintaining the City network. RECOMMENDATION AND ACTION REQUESTED In order to reduce time and cost for the expansion of internet availability and choice we would respectfully recommend your support of this Agreement and recommendation for approval to the City Council. cc: Crenna Brumwell, City Attorney Barry Lindahl, Senior Counsel Jim Bousley, Project Engineer Joe Pregler, Chief Information Officer 2 ��Q��5�eee CONDUIT FACILITIES AGREEMENT BETWEEN THE C1TY OF DUBUQUE IOWA AND WINDSTREAM THIS AGREEMENT is made on this 20th ,day of June ,2024 by and between the City of Dubuque {"City") and Windstream {"Winds#ream") In consideration of the mutual covenants contained in this Agreement, the sufficiency af which is acknawledged, the Parties agree as follows: SECTION 1. IDENTlTY OF THE PARTIES. 1.1 Ci�y is a political subdivision of the Sta#e of lawa incarporated in accordance with relevant provisions of lowa law. City's address for purposes of this Agreement is City HaIE, 50 W. 13#h Street, Dubuque, lA 5200'1. 1.2 Windstream is a _private corporation who's address far purpases of this Agreemen# is 4001 N Radney Parham Rd, Little Rock, AR 72212 SECTION 2. DEFINITIONS. The following words shal! have the meanings set farth below. Words in the singular shalf be held ta inciude the plural and vice versa. "Agreement" means this document including any conduit, equipment and services referenced within this document. "Designated Conduit" shall mean one 16/12 microduct the lacatian of which is generally described as running from the City vault at the NW corner af the intersection of Center Grove Drive and Cedar Cross Road to the City vault Iocated at 800 Cedar Cross Road. "Communications Equipment" means#acilities or equipment provided, owned, managed or ins#alled by City in, around or on the Designated Conduit. "City" means the City of Dubuque, lowa. "'Windstream" means_private corparation 062317ba1 �___..........,_.__.__, P�gQ�I�Z�bfl 666 SECTION 3. PARTIES' OBLIGATIONS. 3.1 City shall provide Windstream access and permission to use the designated conduit, as set out in Attachment A, at a one-time cost of$7.00 per linear foot and a one- time extraordinary costs (Bridge) charge of $4,500. (4,0 0 0 fe e t x $7 + $4, 5 0 0 _ $32 , 500 ) 3.2 Windstream shall bear the costs of access and use of the designated conduit. 3.3 City or City's authorized contractor shall perform all maintenance on the conduit, including any conduit repairs, restoration, and relocation that becomes necessary during the term of this Agreement. If City incurs any costs associated with conduit repairs, restoration or relocation, Windstream shall reimburse City for fifteen percent (15%) of the cost. If a third party is responsible for the conduit repair, restoration or relocation and City is unable to collect the cost of the repair from the third party, Windstream shall reimburse the City for Windstream's share of the cost of the repair as described above. 3.4 Each party will notify the other if it detects any problems that may interrupt service. Windstream ' s contact is Stephen Kness_______________ at319- 538- 1985 Stephen . Kness@Windstream .com . City's Coordinator: Dave Ness 563 - 589 - 1722 dness (a� cityofdubuque . orq S E C T I O N 4. TERM. The initial term of this Agreement shall be twenty (20) years from the Acceptance Date (the "Initial Term") unless terminated earlier in accordance with the Termination section of this Agreement. Upon the expiration of the Initial Term, the Agreement may be extended upon the mutual approval consent of the parties. SECTION 5. EXCLUSION OF WARRANTIES. City makes no warranty to Windstream or any other entity, whether express, implied or statutory, as to the installation, description, quality, merchantability, completeness, useful life, future economic viability, or fitness for any particular purpose of the designated conduit or as to any other matter, all of which warranties are hereby expressly excluded and disclaimed. SECTION 6. INDEMNIFICATION. 6.1 Windstream shall indemnify and hold City harmless from and against any and all costs, expenses, losses, claims, damages, liabilities, settlements and judgments arising directly out of the negligence or wrongful acts or omissions of any officer, agent, or employee of Windstream in the performance of this Agreement. 6.2 Nothing contained herein shall operate as a limitation on the right of either party hereto to bring an action for damages against any third party, including indirect, special or consequential damages, based on any acts or omissions of such third party as such acts oromissions may affect the construction, operation or use of the Designated Conduit; provided, however, that each party hereto shall assign such rights or claims, execute such documents and do whatever else may be reasonably necessary to enable the other party to pursue any such action against such third party. SECTION 7. LIMITATION OF LIABILITY. Not withstanding any provision of this 2 �,...�,,;.,;.,,.�.,.,.....,� �9Q�1��8�bfl 666 Agreement to the contrary, in no event shal[ either party be liable ta the other party for any unforeseeable special, incidental, indirect, punitive or consequential damages, arising ou� of, or in connection with, transmission interruptions or prablems, or any infierruption or degradation of service, including, but not limited ta, damage or lass of property or equipment, loss of profi#s ar revenue, cost of capital, cost of replacement services, or cfaims of customers, whether occasioned by any construction, reconstrucfiion, re(ocatian, repair ar maintenance perFormed by, or failed to be performed by, the other party or any afiher cause whatsoever, including, without limita#ion, for breach of contract or breach of warranty all claims for which damages are hereby specifically waived. SECTI4N 8. W [ N S T R E A M EQUIPMENT. W i n d s#re a m shall have sole responsibility for installation, testing and operation of Windstream fiberar equipment. City shafl na� be responsible for the operatian or mainfienance of any Windstream fiber or equipment. City shall not be responsib[e for the transmissian or reception of communications or signals by Windstream's fiber or equipment or for the quality of, or defects in, such transmission or reception. SECTIUN98. TERMINATION. Either party may fierminate this Agreement far cause if the other party breaches a material abligation of this Agreement and fails to correct the breach within 30 clays of receiving written notice of the breach from �he nan- breaching ��ty. 3 Sensitivity:Internal p�gQ�1�9�bfl 66e SECTltJN 10. CONTRACT ADMINISTRATIUN. 'i 0.1 Amendments. This Agreement may be amended in writing from time to time by mutual consent o#the Parties in the same manner in which this Agreement was approved 10.2 Third Partv Beneficiaries. There are no third party beneficiaries to this Agreement. This Agreement is intended only to benefit Mediacom and the City. 10.3 Chaice of l.aw and Forum. The laws of the Sfiate of lowa shall govern and determine a!I matters arising out of or in connection with #his Agreement without regard to the choice of law provisians of Eawa faw. !n the event any judicial proceeding is commenced in cannection with this Agreement, the exclusive jurisdiction for the praceeding shaEl be brought in the Dis#rict Court of lowa for Dubuque Caunty. 10.4 fnteara�ion. This Agreement, incfuding all the documents incorporated by reference, represents the entire Agreement between the parties and neither party is relying on any representation that may have been made which is not included in this Agreement. The parties agree that if a Schedule, Addendum, Rider ar Exhibi#or other document is attached hereto by the parties, and referred to herein, then the same shalf be deemed incorporated herein by reference. 10.5 Nat a Joint Venture. Nothing in this Agreement shall be canstrued as creating or canstituting the relationship af a parknership,joint venture, (or other association of any kind or agent/principa! relationship} between #he parties hereto. No party, unless otherwise specifically provided for herein, has the authority to enter into any agreement or create an obligation or liabili#y on behalf af, in the name of, or binding upon anather party to this Agreement. 10.6 Waiver. Any breach or default by ei#her party shall not be waived ar released other than by writing signed by the other party. Failure by either party at any time to require performance by the other party or to claim a breach of any provision of the Agreement shall not be construed as affecting any subsequent breach or the right to require performance with respect thereto or to claim a breach with respect thereto. 10.7 Notices. Any and ail notices, designations, consents, offers, acceptances or any ofher communication provided far herein shall be given in writing by regis#ered or certified mail, return receipt requested, or by receip#ed hand deliver, by Federal Express, caurier, or other similar and reliable carrier which shall be addressed to each party as set forth as fallows: T4 CITY: TO 1MNDSTREANi: 4 Sensitivity:Internal ��Q�Zomb�eee Each such notice shall be deemed to have been pravided at the earliest of#he following: {a) at the time it is actually received; ar{b} in the case of overnight hand dalivery courier or services such as Fecleral Express with guaranteed next day delivery, within one day; or (c) in the case of registered U.S. Mail, within five {5} days. From time to time, the Parties may change the name and address of a party designated to rec�ive notice. Such change of �he designated person shalf be in writing to the o�her Party and as provided herein. 14.8 Cumulative Ric�hts. The various rights, powers, optians, elections and remedies af either party, providsd in this Agreement, shall be construed as cumulative and no one of them is exclusive of#he athers or exclusive of any rights, remedies or priarities aflawed either party by law. Nothing in #his Agreement shall be construed as affecting, impairing or limiting the equitable or legal remedies to which either party may be en#itled as a result of any breach of this Agreement. .10.9 Severabilitv. 1f any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalid portion shall b� severed from th'ss Agreement. Such a de#ermination shal! nat affec#the validity ar en#orceabi[ity af any other pa�t or pravisian of this Agreement. 10.10 Obliqatians bevond Aareement Term. This Agreemen# sha[I remain in ful[ force and effect to #he end of the specified term or untii #erminated ar canceled pursuant to #his Agreement. All abligations of the parties incurred or existing under this Agreement as af the date of expiration, termination ar cancellation will survive the expiration, termination or cance(lation of this Agreement. 10.11 Authorization. Each party ta this Agreement represents and warrants to the other that ifi has the right, power and authority to enter into and perfarm its obligations under this Agreement and that it has taken all requisite action(corporate, statutory, ar o#herwise) to approve execution, delivery and performance of this Agreement. This Agreement canstitutes a legal, valid and binding abligation upon the parties in accordance with its terms. � Sensitivity:�nternal P�gQ�123bbfl666 10.12 Successors in Interest. All the terms, provisions, and conditions of the Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, and legal representatives. 10.13 Counterparts and Facsimile Siqnatures. The parties agree that this Agreement has been or may be executed in several counterparts, each of which shall be deemed an original and all such counterparts shall together constitute one and the same instrument. The parties further agree that the signatures on this Agreement or any amendment or schedule may be manual or a facsimile signature of the person authorized to sign the appropriate document. All authorized facsimile signatures shall have the same force and effect as if manually signed. 10.14 Taxes. City is a tax-exempt entity and no payment will be made for any taxes for any purpose by City. 10.15 Further Assurances and Corrective Instruments. Windstream agrees that it will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for carrying out the expressed intention of this Agreement. 10.16 Assianment and Deleqation. This Agreement may not be assigned, transferred or conveyed in whole or in part without the prior written consent of the other party, which shall not be unduly withheld. 10.17 Insurance. Windstream shall at all times during the performance of this Agreement maintain insurance as set forth in the attached Insurance Schedule. SECTION 11. EXECUTION. IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into the above Agreement and have caused their duly authorized representatives to execute this Agreement. Dated: 05/13/2026 Dated: 'L^��-5 City of Dubuque Windstream � �1(�"'Uvl Mi ael C. Van Milligen �'a �th �}�s 6 P�gQ�12��bfl 666 INSURANCE SCHEDULE A 1. The fessee, licensee, or permittee shail furnish a signed cerfificate of insurance to the Cify of Dubuque, lowa for#he coverage required in Exhibit I prior#a the lease, license, or permit commencement. All lessees of City property and right o#way licensees ar permittees shall submit an updated certificate annually. Each certificate shall be prepared on#he mos#current ACORD form approved by the lowa Insurance Divisian or an equivalent. Each cec�ificate shall include a statemen# under Descrip#ion of�perations as to why the certificate was issued. Service Agreement dated 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and afl insurers shall have a rating of A or be#ter 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 lessee, licensee, or permittee shall be required to carry the minimum coverage/limits, ar greater if required by law or other legaf agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the Cify of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of the lease, license, or permit. 6. All required endorsemenks shal{ be a#tached to certificate. 7. Whenever a specific ISO form is referenced the curren#edition of the form musf be used unless an equivalen#form is appraved by#he Director of Finance and Budget. The lessee, licensee, or permittee must identify and list in writing all deviations and exclusions from the ISO form. 8. If lessee's, licensee's, or permittee's limits of liability are higher fhan fhe required minimum limits then the lessee's, licensee's, or permi#tee's limits shall be this agreemenYs required limits. 9. Lessee, licensee, or permittee shall require all subcontractors and sub-subcontractars to obtain and maintain during fhe performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub- subcontractors. Lessee, licensee, or permit#ee agrees that it shali be liable for the failure of a subcantractor and sub-subcontractor to obtain and maintain such coverage. The City may requsst a copy of such certificates fram the lessee, (icensee, or permit4ee. 1 fl. Lessee, license& permittees shall be responsible for deduc#ibles and self-insured retention and for payment of a!I policy premiums and ather costs associated with#he insurance palicies required belaw. 11. Afl certificates of insurance must incfude agents name, phone number and email address. 12. The City of Dubuque reserves the right to require camplete, certified copies of all required insurance policies, including endorsements, required by fhis Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based an changes in#he risk or other special circumstances during the term of the agreement, subject ta mutual agreement of the parties. 7 Sensitivity:Internal P�gQ�1233�bfl 666 INSURANCE SCHEDULE A (Confiinued} EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal and Acfvertising Injury Limit $1,Od0,000 Each Occurrence $1,000,000 Fire Damage Limit(any one occurrence) $50,000 Medicaf Payments $5,000 1) Coverage shall be wri#ten an an occurrence, not claims made, form. The general liability coverage shall be written in accord with 1SU form CG 00 01 or business owners form BP 00 02. AII deviations from the standard ISC}commercial general liability form CG 0001, or Business owners form BP 00 02, shall be ciearly identified. 2} Include fS� endorsement form CG 25 04"Designated Location(s) General Aggregate Limit." 3} Include endarsement indicating that caverage is primary and non-contribufory. 4) Include Preserva#ion of Governmental Imrnunities Endorsement (Sampfe attached). 5) Include adciifional insured endorsement for: The City of Dubuque, including alE its elected and appointed officials, all its employees and vofunteers, all its baards, corr►missions and/or authorities and their board members, emplayees and volunteers. Use iS0 form CG 20 10 {Ongoing operations}ar i#s equivalent. 6} Poficy shall include Waiver of Right#o Recaver fram Others Endorsement. B} WORKERS' COMPENSATION & EMPLOYERS LtABILITY Statufory Benefifs covering all employees injured on the job by accident or disease as prescribed by lowa Code Chapter 85. Coverage A Statukory--State of fowa Coverage B Employers Liability Each Accident $100,000 Each Employee-Disease $100,000 Policy Limit-Disease $500,000 Policy shall include Waiver ofi Righ#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 lessee, licensee, or permittee is not required to purchase Workers'Compensation lnsurance, the [essee, licensee, or permittee shalt have a copy of the State's Nonelection of Workers'Compensation or Employers' Liabili#y Coverage form on file with the lowa Workers' Compensation Insurance Commissianer, as required by Eowa Code Section 87.22. Completed form must be aftached. INSURANCE SCHEDULE A (Continued) C) POLLUTION LIABILITY_ 8 �...._:.:..:....�....._.._� �9Q�12�4�bfl 666 Caverage required: _Yes _*_No Poilution liability coverage shall be required if the lessee, confracting party, or permittee has any polfutian�xpasure for abatement of hazardous or contarninated materials including, bu# not limited to, petroEeum products, the�emova[of lead, asbestos, ar PCBs. Pollutian produc# and completed operatians coverage sha{i also be c�vered. Each occurrence $2,000,000 Policy Aggregate $4,0OO,OdO 1) Palicy to inc(ude job site and transpartatian coverage. 2) fnclude additional insured for. The City of Dubuque, including all i#s elected and appointed officials, all its employees and valunteers, all its baards, commissions andlor authori#ies and their board members, employees and volunteers. Use ISC}form CG 2010. (Ongoing operations)or its equivalent and CG2037(completed operations) or its equivalent. 3} Enclude Preservation of Gvvernmentai Immunities Endorsement. 4} Provide evidenee af cvverage far 5 years after completion of project. D} PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT Yes * No Evidence af property coverage provided: _Yes lnclude the City of Dubuque as Lender Loss Payable. E) RIGHT-(7F-WAY WORK C?NLY: UMBREL,LAIEXCESS $1,000,000 * Yes No The General Liability, Automobile Liability and Workers Compensation insurance requirements may be satisfied with a combination of primary and Umbrelia or Excess Liability Insurance. If the Umbrella or Excess fnsurance policy does not follow the farm of the primary policies, it shall include #he same endarsements as required of the primary poGcies including Waiver of Subrogation AND Primary and Nan-contributory in favor af the City. F) FLCJOD INSURANCE Yes * No If Required Caverage $ 9 P�gQ�123�bfl 666 Please be aware that naming the City of Dubuque as an additionaf insured as is required by this Insurance Schedule may result in the waiver of the Cify's governmental immunities provided in fawa Cade sec. 670.4. If yau would fike to preserve those immunities, please use this endorsement or an equivalent form. PRESERVAT[ON OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental lmmunitv.The insurer expressly agrees and states that the purchase af this palicy and the including of the City of Dubuque, lawa 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 674.4 as it is now exists and as it may be amended from time to time. 2. Claims Coveraqe. The insurer further agrses that this policy of insurance shall cover anly those claims not subject ta 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 af GovernmPnt Immunitv. The City of Dubuque, lowa shall be responsible for asserting any defense of gavernmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non-Denial af Coveraqa. The insurer shali nof deny coverage under fhis policy and the insurer shalE not deny any of the rights and benefits accru(ng to the City of Dubuque, lowa under this palicy for reasons o# governmental immunity unless and untif a caurt of competenf jurisdiction has ru{ed in favor of the defense(s) of governmental immuni#y asserted by the City of Dubuque, lowa. No�ther Chanqe in Polic�The above preservation of governmental immunities shaA not otherwise change or alter the coverage avaifable under the policy. (DEPAR7MENT MANAGER: FILL iN ALL BLANKS AND CHECK BUXES) 10 Sensitivity:�nternal P�gQ�126�bfl 666 ATTACHMENT A ,� } .. / . � - � _��>�. , . � , �, .s,�� _ �-�r- 7 , �, r�' � •�;.. .� '�• ^,��,f`�-� � ! �� y��,�v� � l ��► 1 � _ -{d�l �=F"ti�?��i,•' .�;. � _ •''kr .:a•I.�t� �-+'� ! � �w,�. _ ! . - y„y,vf?��'�'�� T�`�':�, � t . � � ' � . . �'`�`' . � 4`F��.... . ___ _ ——.vvv,t�„_ a �r�:; . , . . � . . ti,rRai�a+�=�..wa�. __ � •i�� _ � _ e- , - �, _ - �—�y., _.,.e-. ._. � �ct'�--R �_~,r�7��%„Q9t�� : �.��r�t�i��,�1 -( 1 � Q -- '� _ �� .f'� �� i .."� ' d� "r ++��: • --�:� • . ts:A ��^ T4 �� ,1, � t..- . �`�, �� i.,;i1 �'` ��'i� �� .�J•1� �+..��`l`+:��- �,, f y i' . t 'i'�: . !�:� •-'�'M#'i-��.�,�j' ,'r . �'t� K �"� �' _ ��.` ,ry +o. 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' •'�. `. � .. �.. � . �L �� ,i��~ � 1�. .�Lt� i` .:#� 1, - � { �� ' . � � �,�� a' �.M� }. � � ,,,,�� sM '� I' � ' '�� T�` � i;1i �� '� �k 1 � �� .� ��. , �'f � � � ��,._ 'A -.� . �� f .�! � '.�; *r,,� • Q�, k.� .,� _ �.��,�� -- �„ � , ,� ��yyy111 �� "� j � ;• � �;.�.��-: �t � 1 _f:��•�' � �� t�' �Y � ,��j..!,4 � �h � / , \ , �. �.4 � • � .� (�.♦ %.-. ,,�,�; ' w+, F-fi� _ ' `�', s�+t ��` I�'r:t-�`►�. � ''+ .� � ,�'. �'��!�' ! i � �, ! �, � f Y � �♦� � ;J . �`�� , �; ��•l� `'� .� �:�^ � . �r �'.l '�J \�. `�1 :� �� '`W�r ;�f— ` . ;1 �" � 1 ' �� ry 1' r.'i� '` i ' � ` /� u,_� � '�,�;: , S .�-� �y t �:�,.,;:,��;:�i,,��y� �� . ;, �. <�,�. �,��,�'� -'�►� �.. . A:� �� :� .; � •. .� ` , i�r � "f, ' �'�+� '<� �, � ` � ��` _ ��'�;.. _b ..�J� .L[ � � �f�i'�.":F� ..i. _._ /�� _� -_� 11 Sensitivitv:�nternal ��Q�Za�b�eee sECT�oN oosoo Page 1 of 8 PUBLIC IMPROVEMENT CONTR,ACT SECTION 00500 Public Works Concrete Banding and Crack Sealing Project THIS IMPROVEMENT CONTRACT {the Contract), made in triplicate, dated for references purposes the 12th day of__May , 2026 between the City of Dubuque, lowa, by its Gity Manager, through authority conferred upon #he Cifiy Manager by its City Council (City}, and Contractor Name (Confiractor). For and in consideration of the mutual covenants herein contained, the pa�ties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform ail labor necessary for the Public Works Concrete Banding and Crack Sealing Project. 2. CONTRACT D4CUMENTS A. The Con#ract Documents consis# of fihe following: 1. Project Title Page (Section 00100). 2. Projec# Directory Page (Section 00101}. ; 3. This Public fmprovement Contrac# (Section 00540). � 4. PerFormance, Payment, and Maintenance Bond (Secfiion 00600). 5. Out-of-State Contractor Bond (Section 00610}. G. Other Bonds: a. (Bond Name) (pages _to_ , inclusive). � b. (Bond Name) (pages,_to,_ , inclusive). c. (Bond Name) {pages�to_ , inclusive). � 7. The lowa Sta#ewide Urban Design And Specifications (SUDAS} 2023 Edition. 8. CITY OF DUBUQUE Supplemental Specifications 2023 Edition. 9. ather 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 —all pages or drawing� consisting of sheets bearing the #ollowing general ti#le: Pubiic Works Concrete Banding and Crack Sealing Projecfi. 12.Addenda (numbers_to_ , inclusive). 13. Insurance Provisions and Requirements (Section OQ700). 14.Sales Tax Exemption Certificate (Section 00750). 15.Site Conditian Infarmation (Section 00775). 16.Construction Schedule and Agreed Cost ofi Delay {Section 00800). 17.Erosion Control Certificate (Section 04900}. i 1 Page 128 of 1000 i SECTION 00�00 Page 2 of 8 '(8.Consent Decree (Sec#ion 01000). 19.Exhibits to this Contract (enumera#ed as follows): a. Confiractor's Bid {pages� -= to � ��; ; inclusive}, b. Bidder Status Form (Seetion Qp46Q), c. The following documentation that musfi be submitted by Contracfior prior to Notice of Award. i. Contractor Background Infiormation Form (Sectian 00471) 20.The following which may be delivered or issued on or after fihe Effective Date of the ' Agreement: a. Notice to Proceed {Section 00850). b. Project Certification Page (Section 00102). c. Change Orders (Not afitached to this agreement). There are no other Contraet Documents. The Contrac# Documents may only be amended, modified, or supplemenfied as provided in C3eneral Conditions. � 3. All materials used by the Contractor in the Project must be of the quality required by the Contract Documents and must be installed in accordance wifih the Contracfi Documents. 4. The Contractor must remove any materials rejected by the City as defective or improper, or any of said wark condemned as unsuifiable or defective, and the same musfi be replaced or redone to the satisfaction of the City at the sole cost and expense of the Con#ractor. 5. Three percent {3%} of the Contract price will be retained by the City for a period of thirty {30) days after finaf completion and aceep#ance of the Project by the City Councif fo pay any claim by any party#hat may be filed for labor and materials done and fiurnished in connection with the pertormance 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 Chapfier 573 or Iowa Code Chapter 26. The City will also retain additional sums to protect itself against any claim that has been filed agains# it for damages to persons or property arising through the prosecution of the work and such sums will be held by the Ci#y unfiil such claims have been settled, adjudicated or ofiherwise disposed of. �. The Contractor has read and understands the Contract Documents herein referred to and agrees not to plead misunderstanding or deeeption reiated to estimafies of quantity, character, location or other conditions for the Project. 7. fn addition to any warranty provided for in the spec'sfications, the Contractor must a{so#ix any other defect in any part of the Project, even if the Project has been accepfied and fully paid for by the City. The Contractor's maintenance bond will be security for a period of two years after the issuance of fihe Certificate of Substantial Complefiion. 8. The Contractor must fully complete the Project under this Confiract on or before the date indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract Documents. 9. Indemnification; Liability for City Damage a. To the fiullest extenfi permitted by law, #he Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, incEuding but nof limited to attorneys' fees, arising oufi of or resulting from performance of the Contract, Page 129 of 1000 ! SECTION 005Q0 Page 3 of 8 provided that such claim, damages, foss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itselfl including Ioss of use resulting therefrom, but only ta the extent caused in whole or in part by negligenfi acts or omissions of the Contractor, the Contractor's subcontractor, ar anyone directly or indirectly employed by the Contractor or the Contractor's subcvntractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whe#her or not such claim, damage, loss or expense is caused in part by a par�y indemnified hereunder. b. The Cantractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligen# performance of the Contract. 10. The Contractor hereby represents and guarantees that it has not, nor has any other person for or in its behalf, directly or indirectly, enfiered into any arrangemen# or Contract with any other Bidder, ar with any public officer, whereby it has paid or is to pay any other Bidder or public officer any sum of money or anything of value wha#ever 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 Contrac#or arrangement with any other person, firm, corporation or association which tends tn or does lessen or desfiroy free competition in the award of this Contract and agrees that in case it hereafter be estabfished that such representations or guarantees, or any of fhem are false, it will forfeif and pay not less than ten percent (10%) of the Contract price bu# in no event less than $2,000.00 (Two Thousand Dollars) to the City. 11. The sure#y on the Bond furnished for this Con#ract musfi, in addition to all ofiher provisions, be obligated to the extent provided for by iowa Code 573.6 relating to this Contract, which provisions apply to said Bond. 12. The Contractor agrees, and its Bond is surety therefore, #hat after the Certifiicate of Substantial Complstion has been issued by the City, it will lceep and maintain fihe Project in � good repair for a periad of twa (2) years. 13. The City may terminate this Contract with orwi#hout 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. i 15. Counterparts and Electronic Signatures. This Contrac# may be executed in counfierparts, ; each of which shall constitute an original, and all of which together shall constitute one and the same document. This Contract may be executed by the parties and transmitted by SECTION 00500 electronic transmission, and if so executed and #ransmitfied, shalf be � effective as if the parties had delivered an executed origina) of this Contract. ; 16. Currency. All prices and financial terms referenced herein are intended to be in U.S. dotlar and shalf remain in U.S. doilars despite any exchange rate. ; '!7. Conflict in Terms. In the event of a conflict betw�en the fierms of this Contract and the terms ', of any of the Contract Documents, the terms of this Contract shall prevail. i t t Page 130 of 1000 � __ i SECTION 00500 Page 4 of 8 18. Legal Compliance. A. The Contractor is responsible for compliance with all applicable laws, statutes, rules, regulations, and ordinances which may appfy to the performance of Contractor's obligations under this Contract, including but not limited to the laws outlined in Exhibit D, and hereby represents and warrants that Contractor is in compliance with the same as of the Effective date and further represents that during the Term Contractor will remain in compliance. Contractor shall require all contractors and subcontractors providing services under this Contract shall also certify compliance with this Section. B. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C. 1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and Department of Labor Regulations (29 CFR, Part 5). B. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifiies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. C. 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 so{e expense, such required permits and licenses for the duration of the term(s) of this Contract. 19. Federally Assisted Project. Is this project funded fully or in part with federal funds? O Yes (if yes, provision a. and b. below apply) �� 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). Page 131 of 1000 SECTION 00500 Page 5 of 8 THE CITY AGREES: The City agrees to pay the Contractor for the work actually performed under this Contract, up to the amount sfiated below, less any damages provided for in the Contract Documenfis. CONTRACT AMUUNT$ 178,120.00 Page 132 of 1000 ; SECTION 00500 Page 6 of 8 CONSENT DECREE RELATING TO THE PROJECT 20. � 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. CITY CONTRACT�R i THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE C� RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. The City 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 Number 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 is included in the Contract Documents and can be viewed at htt�:/lwww.ciivof�ubuque.org/D�cument�.enter�Home,'`Jiew/3173. A hard copy is available upon request at the City's Engineering Department Office. 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 (5) years after the termination of the Consent Decree, the City must retain, and must 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 period, upon request by the United States or the State, the City must 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 must 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 must deliver any such documents, records, or other information to the EPA or {DNR. CERTIFICATION BY CONTRACTOR The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, certifies to the City of Dubuque as follows: Page 133 of 1000 SECTION 00500 Page 7 of 8 1. I have received a copy of the Consenfi Decree in the case of The United States of America, and the Sfiate of lowa v. The City of Dubuque, lowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action Number 2QQ8VOa441, DOJ Case Number 90- 5-1-9-09339, United States District Court for the Northern District of lowa. 2. All work perFormed wil! be in conformity with the provisians of fihe Consenfi Decree. 3. AI! 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. 4. The Contractor agrees to defend, indemnify, and hoid harmless the City, its officers, agenfs, 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 Cantractor's failure to comply with the Consent Decree. CONTRACTOR: '�a 5�e,r� �.n�� J��hGr �� M-r��e��K�, ��,�� Contractor By: �� l�� Signature ��. Y ��.�;��2 Printed Name �� Title ��"' .�, � Date i I � Page 134 of 1000 j SECTf ON 00500 Page 8 of 8 THE CITY AGREES: � 21. Upon the completion of the Contract, and the acceptance of the Project by the City Council, and subjecfi to the requirements of law, the City agrees to pay the Contractor as full compensation for the complete perFormance of fihis Contract, the amount determined for the total work completed at the price(s} stated in the Contractor's Bid Propnsal and less ' any Agreed Cost of Delay provided for in the Contract Documents. C�NTRACT AMQUNT $ 178 120.00 CITY OF DUBUQUE, I(3WA: City Managers Office De ment By: �' 5ig ature Michae[Van Milligen Printed Name Citv Mana�er rit�e 05/12/2026 Dafe coNrRAcroR: � � �eth�e►�� w� �.�� h� 1� '�Ci�ot�-eti�ts�"�c„ 1��L Cont ctor By. � a /N�`�.�,�`^�✓ Signafure ��- }1 r W�e�ner� Printed Name Ch�.v� a�,. Title .�� " - � � Date i 1 � --== END OF SECTI(�N 00500 =__= � � Page 135 of 1000 sECTioN aosoa Page 1 of�4 PERF4RMANCE, PAYMENT AND MAINTENANCE BOND sECTioN o0600 KNOW ALL BY THESE PRESENTS: That we,'��s��rn Icawa A�h��l��n�enane��I�� 1 as Principal {hereinafter the "Contractor" ar "Princi ap I"�and VUE�T�R1� ��RE"�'YwGQ21IPANY - �_= — � � as Surety are held and firmly bound unto the �- ----� _=-_ - � — ---- — �---- ---=_--= _ _ .� __.., City of Dubuque, lowa, as Obligee (hereinafter referred to as "�wner"}, and fia all persons.who ma be_in'ured b an_breach of an of the conditions of this Bond in the enal sum of�c��e � =Y --� ___.�__ Y =—�-- _T = - _� P _ — __ .__ _ _ - ��evert�9�"�CCs��,hous�-t'�d;-s��-:��i.�-�`��e��=dollars ($ '�=�+8��CL.�Q_}, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, iegal representatives and assigns, jointly or severally, firmiy by these presents. The canditions of the above obligafiions are such that whereas said Contractor entered into a � con#ract with the Owner, bearing date the 12th day of Mav _ , 2026 , (hereinafter the "Confiract")wherein said Contracfior undertakes and agrees to construct the fallowing project in accordance with the Contract Documenfis, anci to faithfully perform all the terms and requirements af said Cantract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. The Contract Documents for Public Works Concrete Banding and Crack Sealing Project detail the following described impravements: This project includes the rehabilitation of approximately 0.52 centerline miles of concrete pavement along Pennsylvania A�enue and approximately 0.88 centerline miles of concrete pavement along Loras Boulevard. Rehabilitation will cansist of providing 4" sealant for any , cracks or joinfis under 3" in width. For any cracks or joints over 3" in width a 6" mastic banding will be provided. ; i It is expressly understood and agreed by the Contractor and Surety in this Bond fihat the following provisions are a part of fihis Bond and are binding upon said Contractor and Surety, to-wit: 1. PERFORMANCE: The Contractor shall well and faithfuily 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 projecfi, and shall indemnify and save harmless the �wner from all oufilay and expense incurred by the Owner by reason of the Contracfior's defau{t of failure to perform as required. The Contractor shall also be responsible far the default or failure to perform as required under the Contract and Contract Documents by all its subcontractars, suppliers, agents, or employees furnishing materials or providing labor in the perFormance of the Contract. 2. PAYMENT: The Confractor and the Surety on this Band hereby agreed to pay all just claims submitted by persons, firms, subconfiractors, and corporatians furnishing mafierials , far or performing labor in the perfarmance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labar, materials, lubricants, oil, gasoline, repairs on machinery, equipment, anci tools, consumed or used by#he Confiractor or any subcontractor, wherein the same are not satisfied out of the portion of the i i Page 136 of 1000 SECTION 00600 Page 2 of 4 cantracfi price the �wner is required to retain unfiil completion of the impravement, but the ; Contractor and Surety shalf not be liable to said persons, firms, or corporations unless the claims of said claimants againsfi said portion of the contract price shall have been established as provided by law. The Confiractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of fihe lowa Cade, 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 resulfi from work to be performed under fihe Contraet Dacuments within the period of two {2) year(s) from the date of acceptance of fihe work under the Con#ract, by reason of defects in warkmanship, 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 manitoring and inspection to assure fihafi any defects are remedied, and to repay the Owner all autlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this secfiion. Contracfior's and Surety's Contract herein made exfiends to defects in workmanship or materials not discovered or known to the Owner at the time such wark was accepted. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the � confrary noiwithstanding, to the following provisians: A. To consent withaut notice to any exfiension of time authorized in approved change orders fio the Contractor in which to perform the Contract; B. To consent without notice ta any change in the Contract ar Contract Documents, authorized in approved change orders which thereby increases the fiatal confiract price - and the penal sum of this Bond, provided that all such changes do nat, in the aggregate, inualve an increase of more fihan twenty percent (20%) af 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 complefied, whether compfeted within the specified contract period, within an extension #hereof, 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 Surefy on the Band sha11 be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: ; � Page 137 of 1000 SECTION 00600 Page 3 of 4 D. That no provision ofi 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#his Bond. E. That as used herein, fihe 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 renfial, materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's staff attorneys}, and all casfis and expenses of litigation as they are incurred by the Owner. It is intended the Contractor and Surety will defend and indemnify#he Owner on all claims made against the Owner on accounfi ofi Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in fihe Contract and Contract Dacuments, 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 e�ent 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 Cantractor 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 Canfiractor and Surety agree that they will make the Owner whole for all such outlay and expense, provided that the Surefiy's obligafiion under fihis Bond shali not exceed one hundred twenty-five percent (125%) of the penat sum of this Bond. In the event that any actions or proceedings are initiated regarding fhis Bond, the parties agree that the venue thereaf shall be Dubuque County, State of lowa. If legal action is required by fihe Owner ta enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of fihe Owner, the Contractor and the Surety agree,jointly, and se�erally, to pay the Owner all outlay and expense incurred therefor by the Owner. All righfis, powers, and remedies of the Owner hereunder shali be cumufative and not alternative and shall be in addition to all rights, powers, and remedies given to the Owner, by law. The Owner may praceed 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 condifiion of fihis 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 shail 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, Contracfi, or Contract Documenfs, it shall be interprefed or construed as defined in applicable provisions of the lowa Code; third, if not defined in the lowa Code, it shall be infierpreted or construed accarding to its generally accepted meaning in the construction industry; and fourth, i#it ; has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Page 138 of 1000 SECTION 00600 Page 4 of 4 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. Public Works Concrete Banding and Crack Sealing Project 12th May Witness our hands, in triplicate, this � day of�tE , 2026. SURETY COUNTERSIGNED BY: FO M APPROVED BY: NOT NEEDED �/ Signature of Agent Re esentative for Owner Printed Name of Agent SURETY: Company Address WESTERN SURETY COMPANY Surety Company g �,.�t\\�) `�\��;�\1Y�;L;.�\ City, State,Zip Code y• `� Signatur Attorney-in- act Officer Company Telephone Number RICK M URBAIN Printed Name of Attorney-in-Fact Officer PRINCIPAL: URBAIN & ASSOCIATES, LLC EASTERN IOWA ASPHALT MAINTENANCE, INC Company Name Contracto 9079 E. TAMARACK DR � Company Address g / �� l%^,�,-�_ y� gnature "�� DUBUQUE IA 52003 " � _ 1� � City, State,Zip Code `� ��"�- I 4 �'-�.� ��1�'��, Printed Name 563-583-7722 • �� ✓ Company Telephone Number CORPORArF : , :> . -.�� Title SEAL 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 139 of 1000 VUestern Sure C�m an py POWER OF ATTORNEY-CERTIFIED COPY Bond No, 6 7 8 7 4 62 0 Know All Men By These Presents, that WEST�RiV SURETY COMPANY, a corporation du�y organized and exiating under the laws of the State of South Aakota,and having ite principal office in Sioux I'ulls,South Dakota(the"Company"),does by theee presents malce,conetitute and appoint R1Ck M Urbain ita true and lawful attorney(a)-in-fact,with full power and authority hereby conferred,to execute, acknowledge and deliver for and on its behalf aa Surety,bonds for: Priilcipal: Eastern Iowa Asphalt Maintenance, Inc Obligee: City of Dubuque Amount: $1,00a,000.00 and Co bind the Company thereby as fully and to the same extent as if auch bonda were aigned by the Vice Preeident,sealed with the corporato seal of the Company and duly attested by its Secrotary,hereby ratifying and confirming all Ehat the eaid att�orney(s)-in- fact may do within the above atated limitations. Said appointment is made under and by authority of the following bylaw of Weatern Surety Company which remaine in full force and effect. "Section 7. All bonds,policiea, undertalcinga, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary,Treasurer, or any Vice Preaident or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneye in P'act or agents who ahall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporAte seal is not neceasary for the validity of any bonds, policies, undertalcings, Powers of Attorney or other obligatione of the corporation, The signature of any such officer and the corporate seal may be printed by facaimile." This Power of ACCorney may be signed by digital signa�ure and seaied by t►digital or otherwise electronic-formetted corporate seal under and by the authority of the followin�Resolution adopted by the Board of Directora of the Company by unanimoua written consent dated the 27th dAy of April,2022: "RL;SOLV�D:'Phat it is in 1;he best in�ex�est of the CompAny to periodical�y rat9£y And confirm any corporate documents signed by digital signaturee and to ratify and confirm the uee of a digital or otherwiae electronic-formAtted corporate seal, each to be conaidered the act and deed of the Company." IfBondNo..Fi7fl7q620 ienotissuedonorbefbremidnightof �uly 15th, 2026 ,all auChority��vte�in this Power of Attorney shall expire and terminal;e. py��,4�°�� '��s��r, � ��,,G1�i�hess5l�Vhcrp��-_3?Vestern Surety Company has caused tJune��esents to be szg2e02by ita Vice President,Larry Kasten,and ita cW, s�Cxtc�a�l��a affi�s��tbis 1 s t day of . 6 , �'3 � '03 := - �� il " W� ST�RN SURET COMPANY ��' �°��. ��= �-� ��.� -'��`� S`f�.��t��°}F S�L�TH�'I'A � ' � t ' 'a= 66 Larry Kasten,Vice PresidenC COUI�'��`:N�__..»L .'AHA ' JA�eQp.�`."ti�+:ee-. . On thie 1 st day of June ,in the year 202 6 ,before me,a notary public,personally appeared LArry Kasten, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officea• of W�S�'��, R�TY COMPANY nd aclinowledged said inetrument to be the voluntary acC an ed said corporation. P. DAHL .�� IVGTHRY PViIfC _�r""'r__,1 - o ary Pu lic-South Dakota SWTH D,4KOTA l�� My Commission Expires June 18, 2031 I the nndersigned officer of Western Surety Company, a stock corporation of the State of South Dalcol;a,do hereby certi�y that the attached Yower of Al;torney ie in fizll i'orce and effect and is irrevocable,and f'urthermore,that Section 7 of the bylawa of the Coanpany as aet forth in the Power af Attarney is now in force. Tn E�aCimony whereof,I have hereunto set my hand and seal of Weatern Surety Company this 1 s't day of June , 2p26 , WEST N SUR,ET COMPANY � Larry Kasten,Vice 1'resident To validate bond authenticity,go to www.cnusurety.com >Owner/Obligee Services>Validate Bond Coverage. ' Form F5306-1-2026 Page 140 of 1000 SECTION 44700 Page 1 of 6 irvsu�NCE PRov�s�otis sECTioti vo�oo City of Dubuque Insurance Requiremen� for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors Insurance Scheduie F Class ,A►: Asbestos Removal Fibe�Optics Sanit�ry Sewers Asphalt Paving Fire Protection Sheet Metal Concrete Fireproofing Site Utilities Constructian Managers General Contractors Shoring Cranes HVAC Special Construction Culverts Mechanical Steel Decking Paving& Surfacing Stnrm Sewers ; Demolition Piles&Caissons Sfructural Steel �econstruction Plumbing Trails Earthwark Retaining Walls Tunneling Electrical Reinforcement Water Main Elevators Roofing Ctass B: Chemical Spraying Landscaping Rough Carpentry �oars, Window& Masonry Stump Grinding Glazing VehicuEar Snow Removal Tank Coating Drywall Systems Painting &Wall Covering Tree Removal Fertilizer Application Pest Contrnl Tree Trimming Geotech Boring Scaffolding Tuckpointing Insulation Sidewalks Waterproofing Finish Carpentry Plastering Well Drilling Class C: Carpet Cfsaning General Cleaning Power Washing Carpet& Resilient Grass Cutting Tile&Terrazzo Flooring Flooring Janitorial Window Washing Caulking& Sealants Non Vehicular Snow& Acoustical C$iling Ice Removal Filter Cleaning Office Furnishings Page 141 of 1000 sEc-rioN oo7ao Page 2 af 4 INSTRUC710NS FOR INSURANCE SUBMITTAL: �. Contractor shall furnish a signed cerkificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and afi the end of the projecf if the term of work is longer than 60 days. Contrac#ors presen#ing annual ce�tificates shall present a certi#icate at the end of each project with the final billing. Each certifica#e shail be prepared on the most current ACORD form approved by the Iawa Department of Insurance or an equivalent approved by the Finance Director. ' The certifiicate must clearly indicate the project number and project name, or project description for which it is being provided For Example: - Project# 5521040034 � Project name: Public Works Concrefie Banding and Cracic S�aling Projeet Or Project Locatian: Pennsyivania Avenue and Loras Boulevard, Dubuque lowa. 2. Alf policies of insurance required hereunder shalf be with an insurer authorized to do business in lowa and al{ 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 Public Works DeparEment of the City of Dubuque. 4. Failure to provide the coverage described in this Insurance Schedule shall no# be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a � mafierial breach of this contract. 5. Contraetar shall require all subcontractors and sub-subconfiractors to obtain and maintain during the perFormance of work insurance for the coverages described in this Insurance Schedufe and shall obtain certificates of insurances from all such subcontractors and sub-subcontractors. Contractor agrees that it shall be liable for the failure of a subcontractor and sub-subcontractor to obtain and maintain such , coverage. The City may request a copy of such certificates from the Contractor. 6. All required endorsements tn various policies shafl be attached to the certificate of insurance. ; ; 7. Whenever an ISO form is referenced the current edition must be provided. 8. Contractor shall be required to carry the minimum coveragellimit, or greater if required by law or other fega! agreement, in Exhibit I - Insurance Schedule F. Ifi the contractor's limit of liability are higher#han the required minimum [imit then the contrac�or's limit shalf be this agreement's required limit. Page 142 of 1000 � EXHIBlT t SECTlON QU700 Page 3 of 6 A) COMMERCIAL GENERAL LIABiL1TY General Aggregate Limit $2,000,000 Praducts-Completed �perations Aggregate Limit $2,OQ0,004 Personal and Advertising Injury Limit $1,400,444 Each Occurrence $9,000,400 Fire Damage Limit(any one occurrence} $ 50,000 � Medical Payments $ 5,OQ0 ' 1} Coverage shall be written on an occurrence, not claims made,form. The genera!liability coverage shall be written in accord with 1S0 form CG0001 or business owners form BP0002. AI!deviations from the standard ISO c�ommercial general liabilit}r form CG 0001, or business : owners form BP 0002, shall be clearly identifed. 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 caverage is primary and non- contributory. 4} Include endarsement to preserve Governmental Immunity. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed o�cials, all its employees and volunteers, al!its boa�ds, commissions andlor authoritiss and their board members, employees and voiunteers. Use ISO form CG 20 10 {Ongoing operations}. 6) The additiona! insured endorsement shall include completed operations under ISO form CG 2037 during the#erm and for a period of two years after the completion of the project. 7) Policy shall includ�Waiver of Right to Recover from Others endorsement. ; B) W�RKERS' CQAAPENSATION & EMPLOYERS LIABILITY �tatufiory Benefits covering afl employees injured on the job by accident or dis�ase as prescribed by lowa Code Chapter 85. Coverage A Stafiutory—State of lowa Coverage B Employers Liability ; Each Accident $100,000 i Each Employee-Disease $100,000 ; Policy Limit-Disease $�40,4�Q ? � • Policy shail include VNaiver of Right to Recover from Others endorsement. `� • Coverage B limits shall be greater if required by the umbrella/excess insurer. I • Nonelecfiion o#Workers' Compensation or Employers' Liability Coverage under � Ivwa Code sec. 87.22 yes fiorm at�ached � Page 143 of 1000 j SECTION 00700 Page 4 of 4 C) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 D) UMBRELLA/EXCESS LIABILITY Umbrella liability coverage must be at least following form with the underlying policies included herein. 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 excavation work must have a minimum of $3,000,000 umbrella regardless of the contract value. E) ENVIRONMENTAL IMPAIRMENT LIABILITY OR POLLUTION LIABILITY �over�g� i�quir�d: ves --_- na P�ril�.�tio� �iability� cov�rac�e �hall b� required i�praj�ct inti�al�es �r:y pollutian �xpc�sur�� ic�r haz�ruc�us �r cfln�aminated m�t�r;als ii�cludin�, but nat }imiteci tc�, th� rerr�t�� f!��d, asb��tos, or P��'s. �o4lution pr�duct and ��m�lete operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2010. (Ongoing operations) as stated in A(6) above or its equivalent. 3) Include Preservation of Governmental Immunity Endorsement 4) Provide evidence of coverage for 5 years after completion of project. Page 144 of 1000 SECTION 00700 Page 5 of 6 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 or effecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass, or crossing for which an easement or license or indemnification of the railroad is required, shall require evidence of the following additional coverages. Railroad Protective Liability: $ each occurrence (per limifs required by Railroad} $ poliey aggregate (per limits required by �aiirt�ad) o� An endorsement to the Cammercial General Liability policy equal to ISO CG 2417 (Gontractual Liability-Railroads). A copy of this endorsement shall be attached to the Certificate of Insurance. Page 145 of 1000 sECTioN o0700 Page 6 of 6 Preservation of Governrr�ental Immunities Endorsement �. Nonwaiver of Governmental Immunitv. The insurer expressly agrees and states that the purchase af this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any ofi the defenses of governmentai immunity available to the City of Dubuque, lowa under Code of lowa Section 670.4 as it is now exists and as it may be amended from time to time. z. Claims Coverage. The insurer further agrees that this policy of insurance shal! cover oniy those claims not subject to the defense of governmenfial 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 no# subject to Code of lowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. �. Assertion of Government Immunitv. The City of Dubuque, lowa shall be responsible for asserting any defiense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non-Denial of Coverage. The insurer shall not deny coverage under this policy and the ; insurer shall not deny any ofi the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruied in fa�or af the defense(s}ofi governmental immunity asserted by the City of Dubuque, lowa. No Other Change in Policy^The above preservation of governmental immunities shall not otherwise change or aiter the coverage avaifable under the policy. � ___= EIND UF aECT10N 04700 =�__ - ; i , Page 146 of 1000 sEcr�oN aa7so Page 1 of 3 SALES AND USE TAX EXEMPTIDN CERTIFICATE SECTION 00750 The City of Dubuque, as a designated exempt entity awarding construction contracfis, will issue special exemption certificates to contractors and subcontractors, allowing them to purchase, or withdraw from inventory, materials for the Confiract free from sales tax pursuant to lowa Code ' Sections: 422.42 (15} & (16), and 422.47 {5). The special exemption certificate will also allow a manufacturer of building materials to consume materials in the performance of a construction contrac# without owing tax on the fabricated cost of those materials. 1. These tax exemp#ion certificates and authorization ietters are applicable only for the � work under the contract. The Contractor and each subcontractor shall comply with said lowa Code Sales Tax requirements, shall keep records identiiying the materials and supplies purchased and verify that they were used on the contract, and shall pay tax on any materials purchased tax-free and not used on the contract. 2. Upon award of Contract the City will register the Contract, Contractor, and each subcontractor with the lowa Department of Revenue and Finance; and distribute tax exemption certificates and authorization letters to the Contractor and each subcontractor. ; i Page 147 of 1000 sECT�oti oo�so Page 2 of 3 : PROJECT INFORMATION REQUIREMENTS FOR STATE OF IOWA SALES TAX EXEIUIPTION CERTIF'ICATES F�R C4NTRACT�R� & SUBCONTRACTQRS Submitting Department:�Public Works Department Contact:�Max O'Brien Praject CIP Number{s): 5521000d34 Please complete this form in its entirety and submit along with the executed Contract, Bonds and Certificafie of Insurance. Upon receipt, the City Finanee Department will work with the lowa - Depar�ment of Revenue to issue Sales Tax Exemption Certificafies to fihe approved contractor(s) to allaw for the purchase or inven#ory withdrawal of materials for the specified Project free from State , of lowa Sales Tax. i 3ales tax exemption certificates are not provided to material suppliers. The Contractor and subcontractors can provide capies of the sales tax exemption certificates issued by the City to individual rnaterial suppliers. ; Project Name: Pub�ic Warks'_Concrete B�ndi�g;an.d;Crack �Sealin Pro'�ct � ; Pro}ecfi Description: This projeCf -includes=,'�the� = rehabilitation �if.; ' ��approximat�ly 0.52.cent�rline i rriifes o# cQncrete :pavement alang : Pe�nsyluani� Avenue , and ,��pproxim�tely. 0,$.8 centerfirle:miles_of cQ�icrete �p��erner�t �lang.L.oras Boulerrard, Rehabi�litation �wifl �onsist,�o# proV'iding 4" se�lant for,any crack;`s 'or�oints Urtd�r 3".in width:�'or any.cracks or joints � over� 3'" ir� wid#h a 6" rnas#ic��bandmg wil1. b�.; �irovided..: _ Start Date (Bid Opening Date): � �prih23,,2�2� - Final Com letion Date: =.1u[y 15:; 2p26 - - 1. General Prime Contractor: Eastern lowa Asphalt Maintenance, Inc. Contact Name: Steve Kluesner Complete Address: 104 Rose Court ' (Includa PO Box and Street Information) i City, State, Zip Code Fariey, IA 52046 Telephone Number: ; Federal !.D. Number: (or Include Social Security Number) Work Type to be Completed: Page 148 of 1000 SECTI4N U0750 Page3of3 2. Subcontractor: Complete Address: (Include P�Box and Street Informaiion) City, State, Zip Code Telephone Number: Federal I.D. Number: (or include Social Security Number� VVork Type to be Completed: 3. Subcontractor: Complete Address: {Include PO Bvx and Street Information) Cit , S#ate, Zip Code , Tele hone Number: . Federal I.D. Number: (or Include Social Security Number} , Work Type tp be Completed: ___= END OF SECTION 00750 =--- i � � i Page 149 of 1000 ; [Page Intentionally Left Blank] , ; � � � i i . ' ; I i I i i i � � � I i Page 150 of 1000 ' i �tryker 5 Year Prevent Quote Number: 11299379 Version: 1 Divlsion: Medical Prepared For: Dt1BUQUE FiRE DEPT Rep: Afln: Email: Phone Number: GPO: EMS Quote Date: 04/28/2026 � SMR Service Rep Name: Ryan Yoder SMR Service Rep Email: ryan.yoder@stryker.com Expiration Date; 05114/2026 Contract Start: 06l01l2026 Contracf End: 05I31l2031 Delivery Address Bill To Account Name: DUBUQUE FIRE DEP7 Name: DUBUQUE F}RE DEPT Account#: 20130152 Account#: 20130152 Address: � 11 W 9TH ST Address: 11 W 9TH ST DUBUQUE � � DUSUQUE lowa 52001-4639 � lowa 52001-4839 � ProCare Products: �,� '�� `�t�t�`-`�'^ . r �y�rr r^�.al" x *'�a '�'^' t �o�^*^• ,�. ,� }#� �Praduct� �,�$�` � r �Description � �, rt h t � Months�,�� Qt rt'ListPnce ; DEscount ,1 Sell Pnce �{Total � � �; ��' � � �� , � ,z � ' �'� Y `Ix ; _ ` ° � �,-�.�....._..>�r�>��._.aa.��3�.,� �., � �_,.._x... �.__,:� s ...r..�t_.�._,��.. < u.,..._� �� ;,� '„,.,, ,_ /o , �.. :_. .i ....t,..... .z_a:'�. ,_,-f .J`,f.,.�z..�.�.... ,.Zu.,. .d.,.'y_' '�. . _ _ _.__ . .<.�w.,� 9.0 AEb-FIELD-PROCARE ?ROCARE-SVC-AED-FIELO•REPAfR 6O 4 $431.00 15.OQ/o $2,086.76 $6,347.00 i�reveniauve M1�1amt��anca �2.0 l.1FEPK35-Fl.D-PF20 ProCareSVC-LP35-FIELD-REPAIR m 60 5 $2,423.00 15.0% $10,297.75 $51,486.75 +Varts_Labor Tr�voi J Prev�nEa[ive Maint�nan:hr� �81f13tiE5 Sd[`.'iv0 3.p LiFEPK-FLD-PROCARE PROCARE-SVC-I.IFEPAK-FIELD-REPAIR 60 6 $2,374.00 15.0% $'f0,089.54 $60,537.00 v S�arts.laUor.Travet;Preventafiv�h9ainfhn�nc�.. 6atter;as Serv;c�a 4.0 LIFEPK-FLD-PROCARE � PRocarta•svc�uFetaaK-�ie�o-RePAtR 54 1 $2,37A,00 15.0% $9,080.55 $9,080.5b� r2rot/2o2s-o5/sr/2osr :Parta:Lar.+cr ltavet t Pr��entaUY�e A�a�ntenar.:x;c Nattar�es S:�r4'ic2 � � ProCare Annual Payment: $25,890.66 Price Totals: �m�� WY� Grand Total: $129,45330 1 This is not an Jnvoice Page 151 of 1000 stryker � 5 Year Prevent Quofe Number: 11299379 � Version: 1 Division: Medical i Prepared For: DUSUQUE FIRE DEPT Rep: Atfn: EmaiL• Phone Number: GPQ: EMS Quote Date: OAl2812026 SMR Service Rep Name: Ryan Yoder I SMR Service Rep Email: ryan,yoder@stryker,com Expiration Date: 05194l202fi Contract Start: 06J01/2026 Contract End: 05l3912031 Michael C. Van Milli n 05/13/2026 Authorized Customer Signer(Printed) Date Stryker Authorized Signakure{Printed) Date � 05/13/2026 _._. Au horized Cus#omer Signature Date Stryker Authorized Signature Date Purchase Order Number Service 1'erms and Conditions: The Terms and Conditions outlined in this quote,as well as any resulting Customer purchase order,are governed by the Terms and Conditions specified in the Terms Addendum to ProCare Medical Quote atfached hereto.Nowever, these Terms and Condifions do not appfy if the Customer and Stryker are bound by a Master Service Agreement or by a separate written agreement that governs the purchase or sale of goods and/or services, 2 This is nof an Invoice Page 152 of 1000 P�yrnen� �cheduie Starting Balance; $12g,453.30 � < y ;� -�}(ap��7 /� � ...._,.v.A .)....<,._._....�=.A� u � 1 Z��. i.i..a.k ......s_,ivul.r..__,a„n;:......t.,.M...tiw.:....�il�I6.:J �4 6..-i__.�......w.....t.....�:. 3aro.ti.+�'�a..:... # .� 06l0112026,,..,_.��.,.�._a>.�„�, _......,M $25,890.66�'_.� ,�.,.,� $103,562.64 ."M ._.,�.,.w„x.�.� 06101l2Q27 $25,890,66 $77,671,98 06/01 f2028 $25,890.66 $51,781.32 06/01 f2029 $25,890,66 $�25,890:66 061Q1l2030 $25,890.66 - 3 Page 153 of 1000 { Equipment Service PMan i _..s y ,� , ,_ _- � , � _ �n ..�- x �_ I.ine �' : Model � � ; _', ProCare Mater�als - �z'�� t S��'�al #�� :� , � � � � � ,J#em.#.� � .. ..� ��.�..a-: �._�,_,� �_..._ ._� _Y_ .�° .��. ..:�.a..� �_... �z. a_,_..`�>�3 �_,�; , : z� . � 9.0 99512-0012$1 PROCARE-SVC-AED-FIELD-REPAIR 51431296 � I _ ..,...M.....,..._�.,_._._._......».,...�.�...,.»�».»�.._ ��» ��_.�e� ��..__�� 1,0 995I2-OO'I261 PROCARE-SVC-AED-FIEID•REPAIR 514313Q8 � 1.0 99512-001261 PROCARE-SVC-AED-FIEl0-R6PA1R �� 51437377� � 1,0 9J5'IZ-OO'IZB� T Pf20CARE-SVC-AED-FIELD-REPAift 51431323 � ..�.�....�. �.........�.. �,w.»...,.�....—_ ,�,.»a,.....»,..� I �~.2.0 99335-000032 PraCare•SVGLP35-FIELD-REPAIR 5�420623 , 2.Q 99335-U00032 ProCare-SVC-LP35-FIELQ•REPAIR �� 5'I3383Q2�,,,^�.,� 2.0 99335-OQ0032 ProCare•SVC-LP35-FIELR-REPAIR 51338420 2.0 �99335-060032 ProCare-SVC-LP35-FIELD�REPAIR 51339240 � 2.0 99335-000032 � Procare•svc-�.P35-Fie�o-ReaaiR 51417779�� 3.0 99577-001957U � PROCARE•SVC•LIFEP�4K-FIELD-ftEPAIR 46870513 3.0 99577-001957U �� PROCARE-SVC-LIFE?AK-FIELD-REPAIR 49375270 � 3.� J9577-001957U � PROCARE-SVC-LIF�PAK-FIEID�REPAIR 48896582 3.0 99577-OU1957U PROCARESVC•LIFEPAK-FIELD-REPAIR �W 4B810607 3.0 99577-001957U�mm��" PROGARE-SVGLIFEPAK-FIELD�REPniR � 46865989�� 3.0 99577-001957U PROCARE•SVC-LIFEPAK-FIELD-REPAiR 50655419 4.0 59577-001957U PROCAI2E•SVC-LIFEP4K-FIELD-REPAIR 5057'�802 �� I i i 4 Page 154 of 1000 stryker T � i j`;i��4, �, � r,�i i ��F..,, , � ,}§,d��x _� . c �� ,,��, � �� ..��. �� a� � �` � � �. F �t; � � s.�- � �'� �" ' VlTith ProCare Services,we of�'er you opexational and financial peace �` of mind throu h thr r g se comp ehensive offermgs: ProCare Preventive Main.tenance,PraCare Protoct ax�d ProCare Prevent.You will ,�; have confidence in your devzce's state o£readi�ess along with these additional�ene�ts of your service plan. ��r � � �� :a .�� _-�� q • . . . . . . e - > • . o . � Our most inclusive service offei-ing,All parts, This is a premium,ful]y customizable service�ased labor and travel associatetl for repairs of contractecl on your installeci assets. T�is white-glove experience products are included in the cost of t.l�.e service is designed to complete large scale PM projects in a agreement.This does nat include replace�ent of short amount of time,typicall.y within a week. Services soft goods or accessories(i.,e,mattresses,restraints, include PM's,product unboxing and set up,power removable parts)and is not available for AEDs. washing,all repaix�uv�ork as well as other customer or field initiatives, d� - - . a . e . - . � Contracted products receive an annual PM for Stryker Medical produ.cts past their service life, the length of the service agreement.PM-only �vvith this entitlement,will r�ceive one maintenance agreements do not cover any necessary repairs inspection annually for the duration of the service identifi.ed through the PM proceas.For details on agreement.This does not include any repair work or preventive maintenance,refer to�pplicable product any worlc that is paxt of the PM process.Additi.onal sheet.Preventive xnaintenance can also be done as inspections are aaai�able for purchase. inclividual billable wnrl�. e - - • Additional Preventive Maintenance: Contracted products on a PM-only contract can Strylcer Medical products with this entitlement receive an additional PM at ths 6-month mark can have the batteries replaced,as a one-for-one for the length o£the service agreement. swap,upon fai�ure, dttring the length of the service . . . - agreement. Strylcer defibrillators,.AEDs and LUCAS�products wiCh tnis entitlemenL are allowed an agreed upon and documented number of case changes,upon failure,during the length of the service agreement. ..._______.____._.._._.....�......�.._..__..._._________.. __._ Stryker or its affillated entitiee own,uae,or have aQplied for the following trademarks or service marks:LUCAS,ProCare,Stryker. 3800 E.Centre Avanue A1l ofhor tradomarks aro trademarks of their respective owners orholders,The absenco of a product,feature,or service neme,or loga fi�m this portuge,MI49002 USA Hst does not constituta a waiver of Stryker's Lrademerk or other intellectual pmperty rights concerning that name or logo. 08/202b suyker,com H C-GSNPS-BROC-2126160_RSV 0 en us Capyright�2025 Stryker Page 155 of 10fl0 i I � ADDEI�DC3M TO PRaCA,RE MEDICAL QUOT�, ! This Addendum("Addendum")is entered into by and hetween the facilily listed on the Quote("Customer")and Stryker Sales,LLC,actit�g througli � its Mcdical Division("Sfeyker")and modifies the ProCare Medical Quote{"Quote"). The terms of tliis Addendmn will apply to Cnstomer's purchase ; of Services as outlined'tn the Quote far Service. In#he event oP a couilict or ineonsistency betrveen the Quotc and this Addendum,relative Ya Service, ; this Addendum will govern. � 1. Effectivc Date and Term.The term of this Addendum shall be cotern�inous with the Quote("Term"}. 2. Scrviec.Stryker will porfarm the repair and maintenaulce services as described in the Quote(co3lectively,the"Services")to the�uipment set forfh on the Quofe("Equipment"). ' I 3. Service Terms and Conditions.Services will be subject to the terms and condicions set forth in Ehis Addendum. 4 q. Product Maintenanee. Customer is required to acihere to the routine maintenauce instructions provided by Stryker,its equipment and operations ; manuals,and accompanying labels and/or inserts for each item of Equipment. Cuswmer covenants and agrees that its appropriate uscr personnel � will follow the inslructions and contents of those manuals,labels and inserts. 5. Warranty and Limltattons of Warranty. Ihrcing the Term,Stryker warrants,with fhe exception of software maintenance services,the following: ' a. Stryker has the experience>capability and resources to perform the Services,and Stryker firtthcr represents and warrants that the Services � wil]be performcd iu a worknlanlike manner and with professional diligence and skill; ; b, Setvices�vill comply with ail applicable laws and regul�tions and all applicable standards set forth by laW or ordinance or established by the ; rules and regulations oPany federal,state or local agency,department,commission,associatiou or pertinent governing,accredicing or advisory body,inctuding The Joint Commission having authoriry to set standards for healthcare facilities; a If the Services are kobe performed on Customer's premises,Sttyker represents and warrants diat Stryker will comply with alI applicable safety laws and Customer's then c�ent safeky and otk�er applicable regulation,s,a1L liuinan resottsce policies and health and dru�;and alcohol screening policies;provided that Customer has provided adva�ice written notification of such rttles,regulations and policies to Stiyker; d. Stryker currently h�s,or prior to the commencement thereof,will obtain,pay for,and maintain auy and all licenses,fees,and gualifications required to perform the Services. e. TO THE FLJLLEST EXTENT i'ERMiTTED SY LAW, THE EXFRESS WAItRANTIBS SET FORi'H HEREIN AItE THE ONLY WARRANTIES A�PPLICABLE TO THE SERVICES AND ARE E�PRESSLY IN LIEU OF ANY OTHER WARItAN'I"Y B'Y STRYKE�, AND STRYKLR HEIrEBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMFI,I�D WARRANTIES REGARDING THE SERVICES, INCLUDTI�iG, BUT NOT LIMITEp TO, MERCHANTABIT.ITY, NaN-1NFRINGBMEN'1' OR FI'i'NESS FOR A PAILTICULAIt PURPOSE. b. Limitafiun of Liability. EXCEPT FOR THIRD PARTY DAMAGES RELATED TO STRYKER'S INDEMNITY OBLIGATIONS UNDLR TIIE SECTION I-IEREOF�NTITLL�b"INDEMNIFICATION,"STRYKEIZ'S LIABILITY ARISING iJNDER T�IIS ADDENDUM WILL NOT EXC6Lb THE AMOUNT QF SERVICE FEES PAII� UNDER THIS ADDENDUM DURiNG THE TWELVE (l2) MONT�T PERIOD IMMEDIATELY PRECEDING THB DAT'E TH8 CLAIM AROSE.IN NO 1NSTANCE WILL STR'YKER BE LIABLE TO CUSTOMER FOR INCIDENTAL, PUNITIVE, SPBCIAL, COVBR, EXEMPLARY, MULTIPLIED OR CONSL�QUEN'FIAL, DAMA�E$ 4R ATTORNEYS' FEES OR COSTS FOR ANY ACTIONS UIJDER OR RELATED TO THIS AGREEMENT. 7. Customer ObligaEions. Customer will use commercially reasonable efforts to cooperate with Stry(cer in connection with Stryker's performance of the Services. Customer understands and acknuwledges that Stryker employees will not provide surgical or medical advice,will not practice surgery or medicine,will not come in physical contact with the patient,will not enter the"sterile C-ield"at any time,and will not direct equipment or instruments that come in contact wifh the patient during surgery. Customer's personnel will refrain 8�om requesting Stryker employees to take any actions in violation of these reyu'rrements or in viotation of applicable laws,rules or regulations,Customer policies,or the patient's informed consent. A refusal by Stryker employees fo engage in such activiues will not be a breach of this Addendum. Customer consents to the presence of Stryker employees in its operating rooms,where applicable,in order for Stryker to provide Services uader Addendum and represents that it witl obtain a11 necessary consents from patients. 8. Limitations and Exclusions from Service. Notwithstanding any other provision set fotth herein,the Services not covered under this Addendum as determined by Stryker in its sole discretion are as follows:(a)abnormal wear or damage caused by reckless or intentional misconduct,abuse, neglect or failure to perform normal and roudne maintenance as set out in the applicable maintenance manual or operating instructions provided with tlie Equipment;(b)catast�•ophe,fire,flood or act(s}of God;(c}damage resulting froui Faulty mainteaance,improper storage,repair,handling or improper use(including use of non-Stryker accessories or consumables},damage and/or alteration by non-Stryker-attthorized personnel;{d) equipment on which any original serial numbers or other identit"ication znarks have Ueen removed or destroyed;(e)damage caused as a result of the use of the Equipment beyond the useful life,if any,specified for such equipment in the user manual;(fl service Stryker cannot perform because the Equipment has been discontinued or its parts have been discontinued or made obsolete;(g)service to flie Equiprnent if the Equipment or the Equipment site is contaminated with potentially jnfectious and/or Uiohazardous substances;{h)Bquipment that has been repaired or used with any unanthorized or non-Stryker components or by an unauthorized or non-Strykar tt�ird party;or(i}any Services provided by the Stxyker Medical division do noY include batteries(unless stated in Stsyker's quote),mattresses,disposaUle items,IV poles or rust or corrosion damage; Customer agrees to provide personal protective equipment{°°PP�")to OnSite/Clinical Specialists. Notwithstanding anything else in this Addendum in the event Castomer fails to provide appropriate industry-standard PP�to a1I OnSite Specialists,as detemuned in Stryker's sola discretion,then Sttyker may immediately, in its eole discretion: (i) suspend the OnSite Specialist Coverage unril Customer provides such PpE; or (ii} terminate the applicabie Servioe. 9. Indemnification. Shyker shall indamnify Customer from any diird party liability and/or damages which Cuatomer suffers directly as a result of the groas negligence or willful misconduct of Stryker or its employees or agents in the course of providing Services,The foregoin�indemnifcation will noY apply to any liability arisiug solely from:(i}an injury or damage due to the negligence of any person other than Stryker's employee or agent;(ii)the failure of any person otlier than Shyker's employee or agent to follow any instructioas ouElined in the labeling,manual, and/ar Addendum to Medical ProCare Quote(Rev.7.7.25) Page 156 of 1000 inshlicCioiis for use of the Equipment; (iii)the use of any equipnlent or part not pnrchased froxn Stryker or any equspment or any part thereof that has been modified,altered or xepaired by any persoa other Yhan Stryker's empSoyee or agent;or(iv)any actions taken or omissions made by any St�yker employee while under the dire�tion or control of Customer's staff:Ctiastomer agrees to hold Stryker hazmless from and indemnify Stryker for any claims or losses or injuries arising fram{i)-{iv)above resWting from Ci�stomes's or its employees'or agents'actions. 10. Insurance. Stryker shall maintain the foilowing insurance coverage during the Term: (i)commercial general liability insurance, including coverage for products and completed op�rations liability, with limits of$1,000,000,00 per occurrence and $2,000,000.60 annual aggregate applying to Stryker's liability for boclily iajury,personal iiajury,anc!pro�erty damage;(ii)automobile liability insurance with a combined single limit of$1,000,0OO.OU each accident covering Stryker's use of owned,hired,and non-owned vehicles;and{iii)worker's compensation insurance as required by applicable law subject to statutory limits and employer's liability insurance with limits of$1,000,000.00 each accident and/or $I,OOO,OU0.00 eAch employee and policy limit for disease covering Stryker's employees. At Customer's wxitten request,certificatea of insuranae sha11 be provided by Stryker prior to cornmencement of the Services at auy premtses owned or operated by Ctxstomer. Notwithstanding any other requirements within this Addendum to the contrary,to the extent allowed 6y applicable law or regulation,Stryker shall be permitted to meet the above insurance requiceinents ehrough a program of self-insivance. li. ConfidenEtality. Stryker and Customer:{x}shall hoId in confidence this Addendum and any information and materia[s which are related to the business of the other or are designated as proprietary or confidential,herein or otherwise,or which a reasonable persou would consider to be proprietaxy or con#"idential informatioa;and(ii)hereby covenant that they shall not discfose such information to any third pariy without prior written authorization of the one to whom such information relates. The rights and remedies available to a Party hereunder shall not limit or preclude any other available equitable or legal remedies. I2. Non-Solicitation and Non-Hire. Customer agrees that,during the Term and for a period of one(1}year following Service,it will not solicit any employees of Stryker to terminate their employment with Stryker,unless Skryker consents in writing. 13. Background Check. St�yker warrants that all of its employees who will be on a Customer's premises to perform Services will have undergone a criminal background check as part of Stryker's hiring practice. The background cheak consists of the follovving: a. Education verification,which includes a review of employee's submitted educational institutions to ensure proper accreditation; b. Employment history verification; c. SSN trace,including address history verification; d. OFAC Watch List search,including a searcli of global terrorist and national drug trafficker lists; e. FDA Debarment and Disquaiified/Restricted List scarch; f. OIG/HI3S Exclusion List check; g. EPLSlGSA Exclusion List checic; h. Criminal history search,including a National Criminal Database(NCD)search and a natio�xal sex offender registry search and a search of all jurisdictions tivhere the employee has lived or worked during the last seven years;and i. Motor vehicle check During the Term,a Customcr may request a meedng with Stryker to review theperf'ormanee,behavior or expectations of Stryker service personnel who are assigned to provide service at Customer's facility. Any Stryker service personnel who willingly and knowingly violate Customer's ntles, regulations,procedures,or policies may be removed from Customer's facility at Customer's option and will be replaced by Stryker promptly. 14. Independent Contractor.'Che relationship beiween the Parties is that of independent contracYors.It is mutually agreed that Stryker is at all times acting and performing as an independent coutracWr with respect to Customer, and nothi►ig is intended nor shall be construed to create an employer/employee relationship between Stryker and G�istomer.It is agreed that any person employed by Shyker to perfo�m liereunder shall not be deemad to be an emplayee of Gt�stonier,nnd Stryker and Stryker's employees,agents or representatives sha11 not be,or represent themseIves to be,officers,employees,agents or representatives of Customer. 15. Miscellaneous, No Party shall be liabie for failure of or delay in perfomung obligations set forth in this Addendum,and no Party shall be deemed in breac$of its obligations,if such failure or delay is due to natural disasters or any causes reasonably beyond the c�ntrol of such Party. This Addendum shall be governed by and constnjed in accordance with tha laws of the Stafe of Michigan an3 the Parties consent and agree that any and all litigation arising&om this Addendum will be conducYed by state or federal courts located in the Sfate of Michigan. This Addeudum shall inttre to the benefit of,and be binding upon,Customer and Stryker and their respective successois and assigns. Neither Party may assign any of ifs rigl�ts or obligadons under Y�s Agreement wiYhout the prior written conseret of the ottier Party. Any purportec!assignmenY in violation of the preceding sentence will be void. This Agreement constitutes the entire agreement between the Parties concerning the subject matter of this Agreement and supersedes all prior negotiations and agreements between the Parties concerning the subject matter of this Addendum. In the event of an inconsistency or conflict between this Addendum and any purchase order,invoice,or similar document,this Addendum wi11 control. The sections antitled Warranty and Limitation of Warranties, Indemnification, Limitallon of Liability, Con6dendality and Misceilaneous of#his Addendum sh111 survive its termination or expiration. �x*�***��m**m�**��x�**a*�*��x��:*:��*��*��x******��*�*****��**�*��****��****��x�*��***��x�xa�**++�*�*�m*�x�x�u��*��k��*�k** Addendum to Medical ProCare Quote(Rev.7.7.25) Page 157 of 1000 �tryker 5 Year Prevent Quote Number: 11298747 Versiorr 1 Division: Medical Prepared For: DUBUQUE FiRE DEPT Rep: Aftn: Email: Phone Number: GPO: EMS Quofe Date: 04I27/2026 SMR Servlce Rep Name: Ryan Yoder SMR Service Rep Email: ryan.yoderQstryker.com Expiration Date: 05114/2026 Confract Start: 06/01/2026 Contract End: 05/31/2031 Delivery Address Bill To Account Name: DUBUQUE F1RE DEPT Name: DUBUQUE FIRE DEPT Account#: 20130152 Account#: 20130152 Address: 11 W 9TH ST Address: 11 W 9TH ST � DUBUQUE DUBUQUE � �� lowa 52001-4839 � lowa 52U01-4639 ProCare Products: �r, : -• : t :�_ .. ,. �,: 3 -- -- t-.., , . � . .. -i � � # i;Product� �: � i Descriptron � - � Months t Qt � L�sf Price� � Dtscount � Setf Pnce � Tofal � !�{ �k_�� . s`- --. _ � _ _.�.._,. .�E.. � __ �, .. ., ,...,...��_. _.._ , .. ._. . .._ ._ .._.��.y...x.. , .. .. j _/° ,.._..�. ..�. � �r ; ,,. ._ ,:,,,,.� 1.0 AED-FkELp-PROCARE PRDGARE-SVC-AED•FIELQ•R£PAIR 60 4 $491.00 15.0% $2,Q66.75 $8,347.00 :Fr6��ntaU�e�la'.MenanCe 2,0 LUCAS-FLD-PROCARE PROCARESVGLUCAS-FIELD-REpAIR �M�N BO 4 $1,852.00 15.0% $7,871.00 $31,484.00 v't�arts L.aL•or,�TnvFtl t prau�niai+ve tul�mt�r,��rn�� Batlerias Servica W� ��µ�ProCare Annual Payment: � $7,966.2U Price Totals: ..,.�...,,. _____�__..___�_______�.____.-----___--._._......_.__._ ��"�' GrandTotal: � $39,831.00 Michael C. Van Milligen 05/13/2026 Authorized Customer Signer{printed) Date Stryker Authorized Signature (Printed) Date 1 This is not an lnwJce Page 158 of 1000 stryker 5 Year Prevent Quote Number: 11298747 Version: 1 Division: Medical Prepared For; DUBUQUE FIRE bEPT Rep: Attn: Email: Phone Number: GPO: EMS Quote Date: 04J27l2026 SMR Service Rep Name: Ryan Yoder SMR Service Rep Email: ryan.yoder@stryker.com Expiratlon Date: 05f14l2026 Contract Start: 06l01/2026 Contracf End: 05131/2031 � 05/13/2026 Au horized Customer Signature Date Stryker Authorized Signature Date purchase Order Number Service Terms and CondItions: The Terms and Condifions outlined in this quote, as well as any resulting Customer purchase order,are governed by the Terms and Conditions specified in the Terms Addendum to ProCare Medica(Quote attached hereto. However,these Terms and Conditions do nof apply if the Customer and Sfryker are bound by a Master Service Agreement or by a separate written agreement that governs the purchase or sale of goods and/or services. 2 Thrs is not an lnvolce Page 159 of 1000 ��y,��n� ��n�� Starting Balance; $39,831.00 � , �.� <� � _ � � .� r � , � � � ��, �� -� _ �»._ ..�y:�..�...a,.:� ...._.sir..,.,..,.<s...�..st�:.i....:w�:.t6'ty�eu,.,._,..��„i, �� ;.e< ...�7,....�.a,r_.�...i�3��.�..�w,.�;:..,�.,a:.s._..,�.f....sa�,r..�w�r�.l.�.�.L�� .v...�_,..�...�_„�i...tzJ;.i....,, '` 06/04/2026 $7,966.20 $31,864.80 � ��'�'� �� 06/0'f 12027 $7,966,20 $23,698.60 06101/2�28 $7,968.20 $'f 5,932.40 06/01/2029 $7,96620 $�7,966.20 06/0112030 $7,966.20 _ : 3 Page 160 of 1"000 i '� i Equipment Service Plan � �� .L�ne ��•- Model��. �� ' ProCare Mater�als . ��` ��sria��`�� Item #� � .. _ �.,.,.. .. ��,. _, . . _.�.� ��._ .�� .�_ ��.. .�. _ ....._t . � ��.,_._, ..�.,... ,ti..�.�6 � � _,. � .�95 .. ��,_ � 1.Q JJS'IZ-OO'�26I PROCARE-SVC-AE�vFIELtiryR�PAIRUM ___..��429666 y � v , _...,..._.�,......,_�._..».._.. _.�,...»,.. ...� - '�.0 89512-00'I26'I �� PROCARESVC-AED-FIELD-REPAIR ��^,W`�4, 5'�43��0 � 'f,0 99512-001261 PRQCARE•SVC-AED-FIELD-RER41R 51431261 � 1.0 �� H951 2-00 5 261 � PROCARE•SVGAED-FIELD-i2EPF�1R 51431283 2.0 9Jb�6-OOOOB3 W�PROCARE-SVC-LUCAS-FiELD•REPRIR� 35'I9J'I8J � 2.0 � 99576-000063 � PROCARE-svC-wCAs-FIE�u-REPAIR � � 35191987 2.0 JJ57B-OOQOB3 �� PROCARE•SVC•LUCAS-FIELD•REpAIR �m 3S�J.I2'IZ M 2.0 �m 99576-000063 � PROCARE-SVC•LUCAS-FIELD-REI'AIR 3520K80'� 4 Page 161 of 1000 stryker r :� g �;,��,� p 1� '� �s��'s; � r � x fi t e�ri�utt�ti'.�'. � �' � tt � ` � n'3 Z�\�. Y�'i��. C. $ i�{ 'k�l� . ^� \ t j � � { i � �lt� �,,..a�U: � (� � � ��' "" �6 �/R l�* � ��,=k" � �� With ProCare Services,we offer pou operational and financial peace ' ' of mind throu�h three comprehensive offerings: ProGare Preventive Maintena�nce,ProCare Protect and PraC�re Prevent.You will � have confzdence rn pour device's state of readiness along with these � :` �, additional benefits o�'your service plan. � � �� . s • a �e � a e e - ,�.- 6 - �� ur most inclusive service offering.All parts, 'T'his is a prernium,fully customizable service based labor and travel associated for repairs of contracted on your installed assets.This white-glove experience products are included in the cost of the service is desi.gned to complete large scal.e PM pxojects in a agreement. This does not include rsplacement of short amount of time,typically within a week.Services soft goods or aceessories(i.e.mattresses,restraints, include PM's,product unbaxing and set up,power removable paxts)and is not available for AEDs. washing, all repair worli as well as other customer or field initiatives. � . . � - , - . . . . . Contracted products receive an annual PM for Stryker Medical products past tlieir sereice life, the length of the service agreement.PM-oniy with this entitlement,will receive one maintenance agreements do not cover any necessary repairs inspectian annuaIIy for the duration of the service identx£ied through the PM process.Forr details on a,�reement.This does not include any repair work or preventive maintenance,re£er to applicable product any worlc that is part of the PM process.Additional sheet. Preventive maintenance c��also�e done as inspecCions are available t'ar pt�t�chase, individual billable worl�. . - • Additional Preventive Maimtenance: Contracted products on a PM-only contract can Strpkex Medical products with this enti�lement receive an additional PM at the 6�month mark can have the batteries replaced,as a one-for-one £ox the IengCh of the service agreement. swap,upox�£ailure,during the].ength of the service . . . - agreement. Stxyker defibrillators,A�Ds and LUCAS�products with this entitlem.ent are allowed an agreed upon and documented number of case cl�anges,upon failure,during the length of the service agreement. .._....__._......__...._..._.,...._..__._..�,�...___._.......-.------.__..µ�_._�.�.______-----------.______�._____---------_______._._.�..__ Strpker or i.ts affiliated entities own,use,or have appGed for the following trademarks or aervice marks:I,UCAS,PmCare,Strylcer. 3800 E.Ceutre Avenue All other tradoma�ks are trademarks oP their respective owners or holdors.'i'he absonco oF a product,Feature,or service name,or logo From this po��,�e,�49002 USA list does not co�tstitute a waiver af Stryker's I:rademark or other intellectual property rights conceming Utat name or iogo. 09/2026 st►yker.com B C-GSNPS-BROC-27261b0 FiEV-p en_us Copyrlght�2D25 SGryker Page 162 of 1000 1 � � ADDENDUM TO PROCARE MEDICAL QUOTE j I This Addendum("Addendum"}is entered into by and between che facility listed on the Quote("Customer")and Strylcer Sales,LLG,acting throug�� i its Medical Division("Stryker")and modifies the ProCare Medical Quote("Qaote"). The terms of this Addendum will apply to Custotncr's purchase i of Services as outlined in the Quote for Service. In khe event of a conflict or iuconsietency between the Quote and this Addendum,relative ta Service, this Addendum will govern. I 1. �ffective Date and Term.The term of this Addendum shall be coterminous with the Quote("Term"). i 2. Service.Stryker will perfonn the repair and mainteuance services as described in th�Quote(collectively,d�e"Services")to tha Equipment set � forth on the Quote("Equipment'�. 3. Service Terms and Conditions.Services will be subject to the terms and conditions set torth in this Addendum. 4. Produet Maintenance. G�stomer is required to adhere to the routine mnintennnce instructions provided by Stryker,its equipmenc nnd operat�ons manuals,and accompanying labels and/or�nserls for each item of Equ'tpment. Customer covenants and agrees tliaC its appropriate user personnel ; will follow the instructions and contents of those manuals,labels and inserts. � I 5. Warranly and Limitations of Warranty. During the Ter►n,Stryker warrants,with the excepYion of soflware maintenance services,the following; a. Sfrykex has the experience,capability and resources to perFarm the Services,and Stryker further rcpreseiits and warrants thaY the Services will be performed in a worinnanlike manner and with peofessional diligence and skil1; � b. Services will compSy wifh all applicable laws and re�ilations and all applicable standards set forth by law or ordivance or established by the rules and regulations of any federal,state or local agency,deparUnent,commission,association or pertinent governing,accrediting or advisory � body,including The Joint Commission]�aving authority W set standards for healthcare facaliNes; c. Cf ttie Services are ta be�erformed on Customer's premises,Shyker represents and warrants that Stryker will comply with all appHcable , safecy laws and Customer's theu cw'rent safety and other applicable regulationa,a1l hwnan resource policies And health and drug and aicohol screening policzes;provided thaf Customer Uas provided advance written notification of such rules,regulations and policies to Stryker; d. Stryker currently l�as,or prior to the commencement thereof,will obtain,pay for,aud maintain any and all licenses,€ees,and qualifications required to perform the Services. e. TO THE k'ULLEST BXTEI�IT PBTZMITTED BY LAW, THE EXPRLSS WARItANTIES SET FORTH HEREIN AR� THE ONLY WARRANTIES APPLICABLE TO THB SERVICES AND ARE EXPRESSLY IN LTEU OF ANY OTHE;R WARRANTY BY STRYKER, AND STRI'K�R HER�BY EXPRESSLY DISCLAIMS AN'Y AND.�LL OTHLR EXPRESS OR IMPLIED WARRANTIES RSGAT2DING THE SERVICES, INCLUDIIVG, BUT NOT I.TMITED TO, MERCfIANTABILITY, NON-1NFRINGEMENT OR FITNESS FOR A PAR'I"ICL3LAR PURPOSE. 6. Limit:ition of Liability, EXCEPT FOR THIRU PARTY DAMAGBS RELATED TO STRYKER'S IND�MMTY OBLIGATIONS UI�fDER TIIE SECTIQN HEREOF ENTITLED"MDEMNIFTCATION,"STRYKER'S LIABILITY ARISING LJNDER THTS ABDENDUM WILL NOT EXCEED THE AMOUNT OF SERVICE FEES PAID UNDER TETIS ADDENDUM DURING THE TW�I.VE (12) MQNTH PERIOD IMMEDIATELY PTtLCED1IVG THE DATE THE CLAllVI AROSE.IN NO 2NSTANCE WILL STRYK�R BE LIABLE TO CL3STOMER FOlt INCIDENTAL,, PUNITIV�, SP�CIAL, COVER, EXEMPLARY, MULTIPLIED OR CONSEQLTENTIAL DAMAG�S OR ATTORNEYS' FEES OR COSTS FOR ANY AC'I'IflNS UNDER OR RELATLD TO THIS AGREEMENT. 7. Customer Obltgations. C�istomer will use commercially reasonable efforEs to cooperate with SUyker in connecfion with Stryker's performance of the Sarvices. Customer understands and acknowledges that Shyker enzployees will not provide surgical or medicfll advice,will not practice surgery or medicine,will not come in physical eontact with the patient,will not enter the"ste�ile field"at any time,and will not direct equipment or instruments that come in contact with the patient di�ring surgery. Ctiistomer's personnel will refrain from requesting Stryker employees to taice any actions in violatiou of these req�uren�ents or in violation of applicable laws,ndes or regulations,Customer policies,or the patieut's infortned consent. A refusal by St�yker employees to engage in such activities witl not be a breach of this Addendum. C'��stamer consents ta the presenee Qf Shyker employees in its operating rooms,where applicable,in order for Stxyker to provide Services under Addendum and represents that it witl obtain all necessary consents from patients. 8. T.i►nitations and�xclusions from 5ervice. Notwithstanding any other provision set forth llerein,tha 5e�vices not covered tmder this Addendum as determined by Stryker in its sole discretion are as follows:(a)abnormal wear or damage caused by reckless or intentional misconduct,abuse, neglect or failure to perform normal and rautine maintenance as set ouc in the applicable maintenance manual or operating instnictions provided with the Equipment;(b)catastrophe,fire,flood or act(s)of God;�c)damage resulting from faulty maintenance,improper storage,repair,handling or improper use(including use of non-Stryker accessories or consumables),damage and/or alteration by non-Stryker-auxt►orized personnel;(d) equ'spment on which any ariginal seriaS numbers or other idend�ication marks have baes+remaved or deshoyed;(e}darnage caused as a result of tke use of the Equiprnent beyond the useful life,if any,specified£or such equipment in the user manual;(�service Stryker caunot perform bec$use the Equipment has been discontinued or its parts have been discontinued or made obsolete;(g}service to the Equipment if the�qnipment or the Bquipnnent site is contaminated with potentially infectious and/or biohazardous substances;(h}Equipm�nt that has been repaired or used with any unauthorized or non Stryker components or by an unautk►orized or non-Skryker third party;or(i}any Services provided by the Stryker Medical division do not enclude batteries(unless stated in Stryker's quote},mattresses,disposable items,IV potes or rust or corrosion damage; Customer agrees to pcovide personal protective equipment("PPE")to OnSite/Clinical Specialists. Notwithstanding anytlting else ia this Addendum in the event Customer fails to provide appropriate industry-standard PPE to all OnSite Specialists,as determined in Stryker's sole discretion,then Strylcer may immediately, in its sote discretion: (i) suspend the OnSite Specialist Coverage until Customer p�bvides such PPE; or{ii} terminate the applicable Seivice. 9. Indemnification. Shyker shall indemnify Customer from any third party liability and/or damages which Customer suffers directly as a result of the gross negligence or willful misconduct of Stryker or its employees or agents in tha cow•se of providing Services,The foregoing indemnification wiU not apply to any liability arising solely from:(i)an injury or damage due to the negligence of any person other tlian Stryker's employee or agent;(ii)the failure of any person other than Stryker's employee or agent to follow any instructions outlined in the labeling,manual, and/or Addendum to Medical ProCa�e Quote(Rev.7.7.25) Page 163 of 1000 instructions for use of the E�uipment; (iii)the use of any equipment or part not purchased from Stryker or any equipment or any part thereof that has been modifieci,altered or repaired by any person other than Strykar's employee or agent;or(iv)any actions taken or omissions made by any Stryker employee while under lhe direction or control of Customer's staff.Customer agrees to hold SLyker harmless from and'uidemnify Stryker for any claims or losses or injuries arising from(i)-(iv)above resulting from Customer's or its employees'or agents'actions. 10. Insurance. Stryker shall maintain the following insurance coverage during the Term: {i) cocnmercial general liability insurance, including coverage for products and completed operations liability, with limits of$1,000,000.00 per occurrence and $2,OOO,fl00.00 annual aggregate applying to Shyker's liability for bodily injury,personal injury,and property damage;(ii)automobile liability insurance with a combined single ]imit of$1,000,000.00 each accident covering Stryker's use of owned,hired,and non-owned vehicles;and(iii)worker's compensation insurance as required by applicable law subject to statutory limits and employer's liability insurance with limits of$1,OOQ,OOU.00 each accident and/or $1,QOO,OQ0.00 each employee and policy limit for disease covering Stryker's employees. At Customer's written request,certificates of insurance shall be prnvided by Strykex prior to commencement of fhe Services at any premises owned or operated by Custorr►er. Notwi.thstanding any okher requirements within this Addendum to the contrary,to the extent allowed by applicable law or reguladon,Sinyker shall be permitted to meet the above insiu•ance requiremenfs through a program of self-insurance. 11. Con�dentiality. Stryker and Customer:(i)shall hold in confidence this Addendum an3 any information and materials which are related to the business of the other or are designated as proprietary or confidential,herein or otherwise,or which a reasonable person would consider to be proprietary or confidential information;and(ii)hereby covenant that they shall not disclose such information to any third party without prior written aut�orizatiou of the one to whom such information relates. The rights and remetlies available to a Parly hereunder shall not limit or preclude any other availabie equita6le or legal remedies. 12. Non-Solicitation and Non-Bire. Customer agrees that,during the'T'erm and for a period of one(1}year following Service,it will not solicit any employees of Stryker to terminate their employment with Stryker,unless Stryker consents in writing. 13. Bacicground Check. St�yker warrants that all of its employees who will be on a G�sfomer's premises to perform Services will have undergone a criminal background check as part of Stryker's hiring practice. The background check consists of the following: a. Educadon verification,which includes a review of employee's submitted educationai institutions to ensure proper accreditation; b. Bmployment history verification; c. SSN trace,including address history verification; d. OFAC Watch List search,including a search of global terrorist and national drug h•afficker lists; e. FDA Debarmant and Disqualified/Reshicted List search; f. OIG/fIIIS Exclusion List check; g. EPLS/GSA Exclusion List check; h. Ciiminal history search,including a National Criminal Database{NCD)search and a national sex offender registry search and a search of all jurisdictions where the employee has lived or worked during the last seven years;and i. Motor vehicle clieck During tha Term,a�astomer may request a meeting with Stryker to review the performance,behavior or expectafions of Stryker service personnei who are assigned to provide service at Customer's facility. Any Stryker service personnel who willmgly and knowin�ly violate Customer's rules, regulations,procedures,or policies may be removed from Custoiner's facility at Cnstomer's option und will be replaced by Skryker promptly. 14. Independent Contractor.'I'he relationship batween the Parties is that of independent contractors.It is mutually agreed that Stryker is at all times acting and performing as an indepeudent contractor with respect to G�stotner, and nothing is intended nor shall be coustrued to create an employer/employee relationship between Stryker and Cti�stomer.It is agreed that any person employed by Stryker to perform hereunder shall not be deemed to be an employee of Customer,and Stryker and Stryker's employees,agents or representatives shall not be,or represent themselves to be,offioers,employees,agents or representatives of Customer. 15. Miscellaneoug. No Party shall be liable for failure of or delay iii performing obligations set forkh in this Addendum,and no Party shall be deemed in breach of its obligations,if such faihire or delay is due to nahn•al disasters or any causes reasonably beyond the control of such Party. This Addendum shall be governed by and constiued in accordance with the laws of the State of Michigan and the Parfaes consent and agtes that any and all litigation az•ising fi•om this Addendum will be conducted by state or federal courts located in the State of Michigun. This Addendum shall innre to tlie benefit of,and Ue binding upon,C�stomer and Stryker and their respective successors and assi�s. Neither Party may assign any of its rights or obligations under this Agreement without the prior written consent of the other Party. Any purpoited assig►unent in violation of the preceding sentence will be void. This AgreemenY constitufes the entire agreemei�t between the Parties concerning the subject malter of this Agreement and supersedes all prior negotiations and agreements between the Parties concerniug the snbject matter of this Addendum. In tha event of an inconsistency or confiict between this Addendum and any purchase order,invoice,or similar dociunenl•,this Addendum will control. The sections entitled Warranty and Li�nitation of War.ranties, Indemnification, J.imitation of Liability,Confadentiality and Miscellaneous of this Addeudmn shall survive its termination or expiration. ***�**�*��x��*��***��*�***x****��**�*+�**�***+*********��s**�+*�***��:�**+*****�s�*��****+++****�***a��*�****��x�x�******* Addendmn to Medical ProCare Quote(Rev.7.'1.25) Page 164 of 1000 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: Justine Hull, Traffic Engineer DATE: May 13, 2026 RE: 2026 Pavement Marking Project Attached are the Public Improvement Contract and Performance, Payment & Maintenance Bond between the City of Dubuque and Ostrom Painting & Sandblasting, Inc. of Rock Island, IL for the 2026 Pavement Marking Project. 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 165 of 1000 SECTION 00500 Page 1 of 5 ' PUBLIC IMPROVEMENT CONTRACT SECTION 00500 ' THIS IMPROVEMENT CONTRACT (the Contract), dated for references purposes the 5th 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 Ostrom Paintinq & Sandblastinq, Inc. (Contractor). 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 2026 PAVEMENT MARKING PROJECT (Project). 2. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: 1. Project Title Page (Section 00100). 2. Project Directory Page (Section 00101). 3. This Public Improvement Contract (Section 00500). 4. Performance, Payment, and Maintenance Bond (Section 00600). 5. Out-of-State Contractor Bond (Section 00610). 6. Other Bonds: a. (Bond Name) (pages _to _ , inclusive). b. (Bond Name) (pages_to_ , inclusive). c. (Bond Name) (pages _to_ , inclusive). 7. The lowa Statewide Urban Design And Specifications (SUDAS) 2023 Edition. 8. CITY OF DUBUQUE Supplemental Specifications 2023 Edition. 9. Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual. 10.Special Provisions included in the project Contract Document Manual. 11.Drawings - Sheet No. through No. (00 pages) or drawings consisting of sheets bearing the following general title: ALL 12.Addenda (numbers _to _ , 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 166 of 1000 SECTION 00500 ' Page 2 of 5 17.Erosion Control Certificate (Section 00900). ' 18.Consent Decree (Section 01000). 19.Other Project Information and Permits (Sections 00000 - 00000). 20.Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages to 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 884-��/00471) ii. iii. 21.The following which may be delivered or issued on or after the Effective Date of the Agreement: a. Notice to Proceed (Section 00850). b. Project Certification Page (Section 00102). c. Change Orders (Not attached to this agreement). 22.Authorization Resolution: a. Resolution No. 286-17 Authorizing 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 Documents and must be installed in accordance with the Contract Documents. 4. The Contractor must remove any materials rejected by the City as defective or improper, or any of said work condemned as unsuitable or defective, and the same must be replaced or redone to the satisfaction of the City at the sole cost and expense of the Contractor. 5. Three percent (3%) of the Contract price will be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the 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, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Contract Documents herein referred to and agrees not to plead misunderstanding or deception related to estimates of quantity, character, location or other conditions for the Project. 7. In addition to any warranty provided for in the specifications, the Contractor must also fix any other defect in any part of the Project, even if the Project has been accepted and fully paid Page 167 of 1000 SECTION 00500 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 Cost of Delay Section of the Contract Documents. 9. Indemnification; Liability for City Damage a. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itselfl 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. 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 anything 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 lessen or destroy free competition in the award of this Contract 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 must, 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 one (1) year. 13. The City may terminate this Contract with or without cause upon sixty(60)days'written notice delivered to the Contractor. 14. This Contract shall be governed by the laws of the State of lowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be in the lowa District Court for Dubuque County. 15. Counterparts and Electronic Signatures. This 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 168 of 1000 SECTION 00500 Page 6 of 6 SECTION 00500 electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Contract. 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 between the terms of this Contract and the terms of any of the Contract Documents, the terms of this Contract shall prevail. 18. Legal Compliance. a. The Contractor is responsible for compliance with all applicable laws, 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 further represents that during the Term Contractor will remain in compliance. Contractor shall require all contractors and subcontractors providing services under this Contract shall also certify compliance with this Section. b. When Applicable: Contractor further represents and warrants that Contractor has obtained all necessary business permits and licenses that may be required to carry out the obligations pursuant to 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 of the term(s) of this Contract. 19. Federally Assisted Project. Is this project funded fully or in part with federal funds? ❑ Yes (if yes, provision a. and b. below apply) ❑ x No a. The City and the 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). THE CITY 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 $247,039.68 Page 169 of 1000 SECTION 00500 Page 5 of 5 CITY OF DUBUQUE, IOWA: City Manager's Office Department ' By: �.(�J�'� vw�,,��w�f�, Sig ature � Michael C. Van Milligen Printed Name City Manager Title 05/14/2026 Date CONTRACTOR: Ostrom Pait� g & Sandblasting, Inc. Contrac r ' By: Signature Robert Walker Printed Name President Title 5/13/2026 Date Page 170 of 1000 , , i � I N 600 I Bond Number: 7901246674 SECTIO 00 Page 1 of 4 ',� PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 ' KNOW ALL BY THESE PRESENTS: That we, Ostrom Paintina & Sandblastinq, Inc., as Principal (hereinafter the "Contractor" or "Principal") and Nationwide Mutual Insurance Company , as Surety are held and firmly bound unto the City of Dubuque, lowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of Two hundred fortv-seven thousand, thirtv-nine dollars and sixtv-eiqht cents ($247,039.68), 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 May, 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 workmanlike manner, and in accordance with the Contract , Documents. The Contract Documents for 2026 PAVEMENT MARKING PROJECT detail the ' following described improvements: ' The scope of the project is as follows: furnish, install, maintain, and remove , permanent pavement markings to include lines, symbols and legends on City streets ' and a portion of center lines on lowa DOT highway routes within the City. 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 Page 171 of 1000 ' SECTION 00600 I Page 2 of 4 , 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 one (1) year 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 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 172 of 1000 • - i E � 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 I! but shall include the actual and reasonable costs and expenses incurred by the Owner including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all ' equipment usage or rental, materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is intended the Contractor and Surety will defend and indemnify the Owner on all claims made against the Owner on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner will be fully indemnified so that it will be put into the position it would have been in had the . Contract been performed in the first instance as required. In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, ' or in the enforcement of the promises given by the Contractor and Surety in this Bond, the ', Contractor and Surety agree that they will make the Owner whole for all such outlay and expense, ', provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five percent (125%) of the penal sum of this Bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Dubuque County, State of lowa. If legal action is required by the Owner , to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of ' the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner , hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and ' remedies given to the Owner, by law. The Owner may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. , NOW THEREFORE, the condition of this 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. Page 173 of 1000 ' SECTION 00600 Page 4 of 4 Project: 2026 Pavement Marking Project Location: Citywide street network and lowa DOT highway system Project Number: 5521000013 Witness our hands, in triplicate, this 7th day of Mav , 2026. SURETY COUNTERSIGNED BY: Tit�e �-� ��---" _ _� FO APPROV�D BY: Signature of Agent f� ' Repr sentative for Owner Tate Featherstone Printed Mame of Agent 220 Emerson PI., #200 SURETY: C�mpany Address Nationwide Mutual Insurance Compan Davenport, IA 52801 Surety mpany City,State,Zip Code �_/ By: 563-322-3521 Sign re Attorney-in-Fact Officer Company Telephone Number Travis Cutler Printed Name of Attorney-in-Fact Officer PRINCIPAL: Ostrom Painting dblasting, Inc. Arthur J. Gallaqher RMS, LLC Company Name Contractor 220 Emerson PI., #200 By� Company Address Signature Davenport, IA 52801 City, State,Zip Code Printed Name Roi�eri Walker, President 563-322-3521 Company Telephone Number NOTE: 1. All signatures on this performance, payment, and maintenance Bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. 3. The name and signature of the Surety's Attorney-in-FacUOfficer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. ___= END OF SECTION 00600 =___ � Page 174 of 1000 < ` � i Power of Attorney ' i KNOW ALL MEN BY THESE PRESENTS THAT: � Nationwide Mutual Insurance Company,an Ohio corporation ' hereinafter referred to severally as the"Company°and collectively as"the Companies"does hereby make,constitute and appoint: ' DANIEL P CURRAN;JEFFREY A YOUNG;NICK JOSLYN;TATE FEATHERSTONE;TRAVIS CUTLER; j each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf on the date thereof ', any and all:(i)bonds and undertakings;(ii)Proposal Bonds;(ii)Letters of Surety;(iv)Consent of Surety;and(v)other obligatory instruments of similar ' nature, in penaRies not exceeding the sum of ' UNLIMITED and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. , This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: ' "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company,and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings,recognizances, transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings , obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority; provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said ' documents on behalf of the Company." ', "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided, however, ', that said seal shall not be necessary for the validity of any such documents." ' This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. ' IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 23rd day of October,2025. ' ��^ Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company ' ACKNOWLEDGMENT �� STATE OF OHIO COUNTY OF FRANKLIN:ss �'��ti�� On this 23rd day of October,2025,before me came the above-named officer for the ,�` '•?�'' Company aforesaid,to me personally known to be the officer described in and who executed ,��, 4 ��SEAL��/ the preceding instrument,and he acknowledged the execution of the same,and being by me '*'., wREttUSEOhtY :*� duly sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal �. •` / affixed hereto is the corporate seal of said Company,and the said corporate seal and his ,,;=�I signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Karen L.Karn �..✓�"- Notary Publiq State of Ohio , No.201&RE-719796 No�ary Public My Commission Expires � Commission Expires July 7,2028 ,luly 7,2a2e ' CERTIFICATE I, Lezlie F.Chimienti,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of said Company this �th day of May , 2026 �G( . " lL._� Assistant Secretary BDJ 1(10-25)00 Page 175 of 1000 ' , : . State of Iowa ) ) SS County of Scott ) Travis Cutler personally appeared before me this day and being duly sworn did depose and say that he is Attorney-In-Fact of the Surety; he knows the seal of said Corporation; and that he signed and affixed said seal to this instrument by authority granted to him in accordance with the by-laws of said Corporation. Dated: May 7, 2026 ,��-�-1,�c�-� C��.�-r,�.�- y��au,v . NOtaI'y PUbI1C-Deborah Christine Korthaus My Commission Expires: 04/25/2029 DEBORAH CHRISTINE KORTHAUS Notarial Seal,lowa Commission Number 847653 My Commission Expires � -z 5_zy Page 176 of 1000 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 14, 2026 RE: RaDD Network Solutions Sole Source for Splice Capsules Attached are a quote and sole source with RaDD Network Solutions for splice capsules used to terminate fiber within fiber vaults. RaDD Network Solutions is the only vendor that manufactures these splice capsules. Funding will be from 557500002 (Inet Fiber Build Out). 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 177 of 1000 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 5/14/2026 Contact Name Duane Richter Vendor RaDD Network Solutions Amount $6,391.45 Department Approval_ �� _Date 5/14/26 City Manager or Designee Approval � /�T�`'`"� �""+/�� Date 5/14/2026 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 is the splice capsules used to terminated_ fiber with in the fiber vaults located around town 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 they are the provider and manufacture of the splice capsules. 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 looked for other __ providers but they are more expansive and are not made in the same. 5) How did you determine that the vendor's price was reasonable We compared the prices from the last order past purchases. Page 178 of 1000 � . RaDD Network Solutions, Inc. �O�� i 1010 Centennial St Q Green Bay, WI 54304 � NetworkSolutions United States Quote#: QU08892 Project Name: Splice Cases- OC250/500/750 Estimate Date: 5/11/2026 Expiration Date: 5/18/2026 Terms: Net 30 Shipping Method: TBD Shipping Term: PP&Add Ship To: Bill To: City of Dubuque- Engineering City of Dubuque- Engineering Depart Dept 925 Kerper Ct. 50 W 13th Street Dubuq ue,IA 52001 Dubuq ue,IA 52001 United States United States Line Item Quantity Rate Amount Est.Lead Time � 30-12017.Ac-Double Stack Splice Holder 12 3.0600 $36.72 7 in stock, Splice Accessories, Opticonn 500, Double Stack Remaining in Splice Holder For Up to 24 Splices, Price/Each 10-12 weeks ARO 2 30-10093.02Ac-Opticonn 750 Splice Case 2 462.6670 �925.33 In stock Splice Enclosures, Opticonn 750 Dome Fiber Closure,Standard 2 port Gel Block in all three locations,with Flex Basket, 2 Short Trays, Flash Valve Installed, Grounding Lugs Installed, Standard Accessories, Price/Each 3 30-11019.Ac Splice Tray 12 21.7300 �260.76 In stock Splice Tray, Opticonn 750, Short Tray Assembly, Price/Each 4 30-10053.02Ac-Opticonn 500 Splice Case 5 376.9300 $1,884.65 2 in stock; Splice Enclosures, Opticonn 500 Dome Fiber Remaining in Closure,Includes:(2) Port Gel Blocks in all Three 10-12 weeks ARO Locations, Flex Basket Installed,(2)Short Trays, Flash Valve Installed, Price/Each 5 30-11011.Ac-Splice Tray 2p 21.9700 $439.40 In stock Splice Tray, Opticonn 500 Short, 12.5mm Port, Price/Each 6 30-10070.02Ac-Opticonn 250 Splice Case 2 265.9700 $531.94 3-4 weeks Splice Enclosures, Opticonn 250 Dome Fiber Closure,Standard 2 port Gel Block in all two location, Flex Basket,(2)Short Trays, Flash Valve and Grounding Lugs Installed, Price/Each � 30-11024.Ac-OC250 Short Tray w/SC/APC Fully 4 107.0000 $428.00 10-12 weeks ARO Loaded Adapter Plate Splice Tray, Opticonn 250, Short Tray with SC/APC Fully Loaded Adapter Plate, Price/Eachh Subtotal $4,506.80 Shipping Cost $0.00 Tax Total(7%) $0.00 Total(USD) $4,506.80 1 of 2 Pricing is valid until the expiration date noted on this estimate and is subject to change if modifications in global trade agreements,tariffs,or import/export regulations affect materials or shipping costs.Estimated Lead Times are subject to change and will be reevaluated upon receipt of purchase order. Pricing and lead times are subject to Force Majeure. Page 179 of 1000 � . RaDD Network Solutions, Inc. �O�� i 1010 Centennial St Q Green Bay, WI 54304 � NetworkSolutions United States Quote#: QU08892 Project Name: Splice Cases- OC250/500/750 Estimate Date: 5/11/2026 Expiration Date: 5/18/2026 Terms: Net 30 Shipping Method: TBD Shipping Term: PP&Add *Shipping Cost is subject to change* Additional Details 2of2 Pricing is valid until the expiration date noted on this estimate and is subject to change if modifications in global trade agreements,tariffs,or import/export regulations affect materials or shipping costs.Estimated Lead Times are subject to change and will be reevaluated upon receipt of purchase order. Pricing and lead times are subject to Force Majeure. Page 180 of 1000 Dubuque THE CITY Or � AEAsra7 Ciry DuB E 'ill�' 2007�2012•2013 Masterprece on tlre Mississippi zoi�•zoi9 City of Dubuque 46 Department 950 Elm Street (address) Dubuque, IA 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 �venaor� at Dubuque Sign Company (Vendor Name) 210 Cedar Cross Rd, Dubuque, lowa 52003 (Vendor Address - City and State) PROJECT TITLE: Sign Replacement/Repairs 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: Sign Replacement for Transportation Services for lowa Street Ramp, Central Street Ramp, 5th Street Ramp Labor, materials and electrical permit to provide primary electrical wiring for 2 Parking Signs at each ramp. Provide and install (6)double-sided internally illuminated "Parking"signs. The work described above shall be completed at the following location(s): lowa St Ramp, 5th St Ramp, Central Ramp 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 181 of 1000 and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE — Please include one applicable Insurance Schedule: o Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) o Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box ❑ Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors ❑ Insurance Schedule G —Vendors 0 Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 6. The Vendor shall fully complete the Project under this Contract on or before 6/30/2026 (date) Page 2 of 20 Page 182 of 1000 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 183 of 1000 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 $ 21,180.27 CITY OF DUBUQUE, IOWA VENDOR: By: � 05/18/2026 Dubuque Sign Company ichael C. Van Milligen Date Company Name City Manager gKatelyn Wolff DigitallysignedbyKatelynWolff �/: oate:zozs.oa.�aoa:oo:as-osoo� 05/15/26 Signature Date Katelyn Wolff Printed Name Administrative Assistant Title Page 4 of 20 Page 184 of 1000 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 185 of 1000 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 186 of 1000 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 187 of 1000 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 188 of 1000 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. 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 189 of 1000 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 190 of 1000 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 191 of 1000 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 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) Page 12 of 20 Page 192 of 1000 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 contract/agreement can be approved. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Director of Finance and Budget. The service provider must identify or list in writing all deviations and exclusions from the ISO form. 8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this agreement's required limits. 9. Vendor shall require all subcontractors and sub-subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub-subcontractors. Vendor agrees that it shall be liable for the failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Vendor. 10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number, and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to written mutual agreement attached hereto. Page 13 of 20 Page 193 of 1000 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 14 of 20 Page 194 of 1000 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 Page 195 of 1000 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 Coverape. 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 16 of 20 Page 196 of 1000 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 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 17 of 20 Page 197 of 1000 INSURANCE SCHEDULE J (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit(any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 4) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 26. 5) Policy shall include Waiver of Right to Recover from Others endorsement. 6) Policy shall include cancellation and material change endorsement providing thirty(30) days advance written notice of cancellation, non-renewal, reduction in insurance coverage and/or limits and ten (10)days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, 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 & 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 198 of 1000 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 199 of 1000 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 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) Page 20 of 20 Page 200 of 1000 SECTION 00500 Page 1 of 8 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 Public Works Asphalt Profile Milling Services Project THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references purposes the 19th 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 WK Construction Co., Inc (Contractor). 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 Public Works Asphalt Profile Milling Services Project. 2. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: 1. Project Title Page (Section 00100). 2. Project Directory Page (Section 00101). 3. This Public Improvement Contract (Section 00500). 4. Performance, Payment, and Maintenance Bond (Section 00600). 5. Out-of-State Contractor Bond (Section 00610). 6. Other Bonds: NONE a. (Bond Name) (pages _to _ , inclusive). b. (Bond Name) (pages _to _ , inclusive). c. (Bond Name) (pages _to _ , inclusive). 7. The lowa Statewide Urban Design And Specifications (SUDAS) 2023 Edition. 8. CITY OF DUBUQUE Supplemental Specifications 2023 Edition. 9. Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual. 10.Special Provisions included in the project Contract Document Manual. 11.Drawings — all pages or drawings consisting of sheets bearing the following general title: Public Works Asphalt Profile Milling Services Project. 12.Addenda (numbers _1_ to _2_ , 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 201 of 1000 SECTION 00500 Page 2 of 8 17.Erosion Control Certificate (Section 00900). 18.Consent Decree (Section 01000). 19.Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages to 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 00471) submitted 5/8/26 20.The following which may be delivered or issued on or after the Effective Date of the Agreement: a. Notice to Proceed (Section 00850). b. Project Certification Page (Section 00102). c. Change Orders (Not attached to this agreement). There are no other Contract Documents. The Contract Documents may only be amended, modified, or supplemented as provided in General Conditions. 3. All materials used by the Contractor in the Project must be of the quality required by the Contract Documents and must be installed in accordance with the Contract Documents. 4. The Contractor must remove any materials rejected by the City as defective or improper, or any of said work condemned as unsuitable or defective, and the same must be replaced or redone to the satisfaction of the City at the sole cost and expense of the Contractor. 5. Three percent (3%) of the Contract price will be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the 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, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Contract Documents herein referred to and agrees not to plead misunderstanding or deception related to estimates of quantity, character, location or other conditions for the Project. 7. In addition to any warranty provided for in the specifications, the Contractor must also fix any other defect in any part of the Project, even if the Project has been accepted and fully paid for by the City. The Contractor's maintenance bond will be security for a period of two years after the issuance of the Certificate of Substantial Completion. 8. The Contractor must fully complete the Project under this Contract on or before the date indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract Documents. 9. Indemnification; Liability for City Damage a. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not Page 202 of 1000 SECTION 00500 Page 3 of 8 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. 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 anything 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 lessen or destroy free competition in the award of this Contract 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. 11. The surety on the Bond furnished for this Contract must, in addition to all other provisions, be obligated to the extent provided for by lowa Code 573.6 relating to this Contract, which provisions apply to said Bond. 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 Contract with or without cause upon sixty (60) days' written notice delivered to the Contractor. 14. This Contract shall be governed by the laws of the State of lowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be in the lowa District Court for Dubuque County. 15. Counterparts and Electronic Signatures. This 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 SECTION 00500 electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Contract. 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 between the terms of this Contract and the terms of any of the Contract Documents, the terms of this Contract shall prevail. Page 203 of 1000 SECTION 00500 Page 4 of 8 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 further represents that during the Term Contractor will remain in compliance. Contractor shall require all contractors and subcontractors providing services under this Contract shall also certify compliance with this Section. B. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C. 1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and Department of Labor Regulations (29 CFR, Part 5). B. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. C. 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 duration of the term(s) of this Contract. 19. Federally Assisted Project. Is this project funded fully or in part with federal funds? ❑ Yes (if yes, provision a. and b. below apply) � 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). Page 204 of 1000 SECTION 00500 Page 5 of 8 CONSENT DECREE RELATING TO THE PROJECT 20. � 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. CITY CONTRACTOR � THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. The City 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 Number 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 is included in the Contract Documents and can be viewed at http://www.cityofdubuque.orq/DocumentCenter/Home/View/3173. A hard copy is available upon request at the City's Engineering Department Office. 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 (5) years after the termination of the Consent Decree, the City must retain, and must 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 period, upon request by the United States or the State, the City must 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 must 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 must deliver any such documents, records, or other information to the EPA or IDNR. CERTIFICATION BY CONTRACTOR The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, certifies to the City of Dubuque as follows: Page 205 of 1000 SECTION 00500 Page 6 of 8 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 Number 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. 4. The Contractor 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 failure to comply with the Consent Decree. CONTRACTOR: WK Construction Co., Inc Contractor By: NOT APPLICABLE Signature Joshua W. Kahl Printed Name Secretary Title Date Page 206 of 1000 SECTION 00500 Page 7 of 8 THE CITY AGREES: 21. Upon the completion of the Contract, and the acceptance of the Project by the City Council, and subject to the requirements of law, the City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the amount determined for the total work completed at the price(s) stated in the Contractor's Bid Proposal and less any Agreed Cost of Delay provided for in the Contract Documents. CONTRACT AMOUNT $ 135,229.47 CITY OF DUBUQUE, IOWA: Citv Manaqer's Office De ment By: l� Sig ature Michael Van Milliqen Printed Name City Manqer Title 05/19/2026 Date CONTRACTOR: WK Construction Co., Inc Contractor BY: -/�,�� nature Joshua W. Kahl Printed Name Secretary Title ��/i�Zfl��i Date ___= END OF SECTION 00500 =___ Page 207 of 1000 SECTION 00500 Page 8 of 8 [Page Intentionally Left Blank] Page 208 of 1000 SECTION 00600 Page 1 of 4 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 Bond Number: 9479599 KNOW ALL BY THESE PRESENTS: That we, W K Construction Company, Inc. , aS Principal (hereinafter the "Contractor" or "Principal") and Fidelity and Deposit Company of Maryland , 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 Thirty-five Thousand Two Hundred Twenty-nine&47/100 dollars ($ 135,229.47 ), 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 19th day of May , 20 26 , (hereinafter the "ContracY') 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 Public Works Asphalt Profile Milling Services Project detail the following described improvements: This project includes the asphalt profile milling of approximately 10.19 miles amongst 64 street sections throughout the City of Dubuque. The project is broken up into 5 distinct project phase areas. 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 Page 209 of 1000 SECTION 00600 Page 2 of 4 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 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 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: Page 210 of 1000 SECTION 00600 Page 3 of 4 D. That no provision of this Bond or of any other contract shall be valid that limits to less than five (5) years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Owner including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is intended the Contractor and Surety will defend and indemnify the Owner on all claims made against the Owner on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. 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 Page 211 of 1000 SECTION 00600 Page 4 of 4 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. Public Works Asphalt Profile Milling Services Project Witness our hands, in triplicate, this 19th day of Mav , 20 26 . SURETY COUNTERSIGNED BY: Title FO APPROVED BY: Signature of Agent !� 1 Repr sentative for Owner Printed Name of Agent o�`�os�t.com''��,, SURETY: '�`°¢p.PP�9 p�'�'''�_ =c;'U �mto; Company Address _�� S�� }a_ Fidelity and Deposit Company of Maryland -m�., ;:�,; Surety Co pan -y'. �890 ,.Qo Cit State,Zi Code �j ��""'��""�� Y� p By�h��'�„�. Signature Attorney-in-Fact Officer Company Telephone Number Edward F. Sobieski Printed Name of Attorney-in-Fact Officer PRINCIPAL: Hausmann Group Inc. W K Construction Company, Inc. Company Name Contractor /�, /'� 740 Regent St., Suite 400 By� ..i��'�- ��—�GC/ZC��2��J CompanyAddress � nature �s� �� Madison, WI 53715 v rr�i/- �FfG City, State,Zip Code Printed Name (608)252-9622 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 212 of 1000 �gYs�SU�,� NATIONAL ASSOCIATION OF SURETY BOND PRODUCERS �O � 7735 Old Georgetown Road, Suite 900 w � _ _ z Bethesda, MD 20814 �s, rj Tel: 240.200.12 70 � Fax: 240.200.1295 O�W �� EgT.194`� www.nasbp.org NASBP White Paper: Resident Agent Countersignature Laws Have Been Eradicated and Violate the Law in Every U.S. State The purpose of this short white paper is to inform the reader that resident agent countersignature laws have been eradicated throughout the United States and its territories (with the exception of Guam, where it has not been challenged). Any bid, performance, or payment bond that requires a resident agent countersignature or a resident agent signature violates the law, as such requirements have been held unconstitutional by federal courts throughout the United States or have been repealed by state legislatures, because such requirements impermissibly favor licensed resident agents over licensed non-resident agents. It is not the countersignature requirement that is problematic; it is the resident agent countersignature requirement that violates the law. The National Association of Surety Bond Producers (NASBP) is aware that officials in some state and local agencies are not informed about the illegality of resident agent countersignature mandates. These officials will improperly reject a bid based on lack of a required resident agent countersignature or improperly refuse to accept performance and payment bonds based on lack of a required resident agent countersignature. NASBP receives dozens of inember requests each year to send comment letters to public agencies that have included the unlawful resident agent countersignature requirement in their surety bonds. Countersignature laws date back to the early twentieth century when states passed the laws as a consumer protection measure. The regulations requiring non-resident agents to receive sign- off by a local resident agent were originally intended to ensure compliance with local insurance laws. Those regulations also meant that out-of-state agents had to pay local agents for their signatures. By the 1990s, technology made the countersignature laws an anachronism of regulation. The movement to repeal countersignature laws began in the 1990s and ended in 2008 when the Ninth Circuit struck down Nevada's countersignature law. This movement was spearheaded by The Council of Insurance Agents & Brokers. One of the most well-known and widely quoted cases on this matter is Council of Insurance Agents and Brokers v. Tom Gallagher, 287 F. Supp. 2d 1302 (N.D. Fla. 2003), in which the U.S. District Court for the Northern District of Florida struck down a Florida statute that impermissibly favored resident agents. The district court determined that there was no rational basis for a distinction between Florida licensed resident agents and Florida licensed non- resident agents and declared unconstitutional the Florida statute at issue that discriminated against Florida-licensed non-resident agents. Agency officials may want to have the agency's bond forms reviewed to ensure that its bonds do not contain an illegal resident agent signature or countersignature requirement. The bonds should contain a licensed (resident OR non-resident) agent requirement. October 2018 Page 213 of 1000 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COVIPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERiCAN iNSURANCE COMPANY,a corporation of the State ofNew York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSiT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Tliomas O.McClellan,Vice President,in pursuance of authority granted by A�rticle V,Scction 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereUy certified to be in full force and effect on the date hereof,do hereby nominate, constitute,and appoint Lynn E.POTTER,Jenny L.HIRTH,Edward F.SOBiF,SKI,Patrick A.MCKENNA,Jay A.ZAI-IN,Jonathan LUCAS,Christopher HOVDEN,its true and lawfiil agent and Attorney-in-Fact,ro make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fiilly and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMCRICAN iNSURANCG COMPANY at its office in New York,New York.,the regularly elected officers of the COLONiAL AMERTCAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Macyland.,in their own proper persons. The said Vice President does hereby certify tl�at the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WiTNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERiCAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 26'h day of December,A.D.2025, .,..,:;�J„•,,. ��,�f� ,,.,,,.,,,,,�a�o,.,, F �, .�.wW o P°iPo �. P0�\$�.�',rT paOq� _o�P g.. ��SEAL )g;_��EA�g�`��SEAL��'- g ,� f'F;% ��; ':,$5�....i''+`'•:,�� '�..:..i 6`..e ,,,,,,,, •�"`,.,.,,, ,,,.,.,,,, AT'CEST: ZURICH ANIERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND ' / � � ' By: Thomas O. McClellan Vice President ��y By: Daniel Lc�tes Secretary State of Maryland County of Baltimore On this 26th day of December, A.D.2025, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Thomas O.A7cClellan,Vice President and Daniel Lutes,Secreta�y of d�e Companies,to me personally known to be[he individuals and officers described in and who executed the preceding insUument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are tlie Coiporate Seals of said Companies,and that the said Cotporate Seals and the signature as such officer were duly aftixed and subscribed to the said insUument by the authority and direction of the said Co�porations. TN TESTiMONY WHEREOF,i have hereunto set my hand and affixed my Official Seal the day and year tirst above written. -��,'�We�� fi,p,`t _ ( �i�eviCue �N.�V�ci�rti- o�.,,�s,: ,'�E _.c�`. �}��. Genevieve M.Maison Notary Public My Commission Expire January 27,2029 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Page 214 of 1000 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8, Attornevs-in-Fact. "fhe Chief Executive Officer,the President,or any Executive Vice President or V ice President may, by written 111SU'11I11C11I under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, cecognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE �, the undersigned, Vice Presidenc of the ZURICH AMF.RICAN 1NSURANCE COMPANY, [he COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify tliat the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimilc under and by authoriry of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signatw•e of a Secretaiy or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signatiu-e and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth day of May, 1994, and the following resolution of the Board of Directors of the FiDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLV�D: "Tliat the facsimile or mechanically reproduccd seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of at[ontey issued by the Company,sl�all be valid and binding upon the Company with the same force and eFfecl as though manttally affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 19th_day of__ M� _ , 2026 `Uu�muU�q ,•"pSuComAo.,i .o'SG'uwii:ybs'', i'p4!Nv.soqµ�.,,s �\�� 1t CO i�� ;oa�:�p,POq i. :�i''pPUq"y '�,: ¢�oQ,PO'iZ,\�in�; o�pQ'Q�5'pOqpa?��' �'g�SEAL�¢ `a(i\SEALm1 ��SEAL�`�i'- `�?OP 9mi�' �,�';`• :^?°�v'd�?��j`...... �^.��"`;`„•°",;'�' = G�USEAL �' �`, ,,��,. -A�;•. �890 .•Q��` ��.��„ ��, .. .. 1'Vl� ��-�it,�C�1CJ "''��,,,,��,�,,,,,,,��. Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: 7,ucich Surety Claims 1299 Zttrich Way Schaumburg, IL 60196-1056 renortsfclaims(r�zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Page 215 of 1000 SECTION 00610 Page 1 of 1 OUT-OF-STATE CONTRACTOR BOND SECTION 00610 An out-of-state Contractor must either file a surety Bond, as provided in lowa Code section 91 C.7, with the lowa Division of Labor Services in the amount of twenty-five thousand dollars ($25,000) for a one (1) year period or must provide a statement to the lowa Division of Labor Services that the contractor is prequalified to Bid on projects for the lowa Department of Transportation pursuant to lowa Code Section 314.1 An out-of-state Contractor, before commencing a contract in excess of five thousand dollars ($5,000) in value of lowa, must file a Bond with the lowa Division of Labor Services of the lowa Department of Workforce Development. A Surety Bond filed pursuant to lowa Code section 91C.2 must be executed by a surety company authorized to do business in this state, and the Bond must be continuous in nature until canceled by the Surety with not less than thirty (30) days; written notice to the contractor and to the Division of Labor Services of the lowa Department of Workforce Development in dictating the surety's desire to cancel the Bond. The Surety company is liable under the Bond for any contract commenced after the cancellation of the Bond. The Bond must be in the sum of the greater of the following: (1) One thousand dollars ($1,000.00); or (2) Five percent (5%) of the contract price An out-of-state Contractor may file a blanket Bond in an amount at least equal to fifty thousand dollars ($50,000) for a two (2) year period in lieu of filing an individual Bond for each Contract. The Division of Labor Services of the lowa Department of Workforce Development may increase the Bond amount after a hearing. More information about how to file an out-of-state contractor bond can be found at the lowa Workforce Development website at https://www.iowacontractor.qov/contractor-registration ___= END OF SECTION 00610 =___ ;�� /�� Page 216 of 1000 .�r� � Zurich Surety Surety Seivice Center Z U R[C H 1299 Zuriclt Way Schainnbw�g,IL 60196 Bond No. 8975750 CONTINUATION CERTIFICATE ,' For Miscellaneous Terms Bonds Principal: W.K.Consn•uction Co., lnc. and the Ficlelity and Deposit Company of Maryland,as S�n�ety in a certain Bond No. 8975750,with an effective date of the l Oth day of June,2010 in the penalty of: Twenry Five Thousand and 00/100 Dollars ($25,000.00 � In F2vor of: State of lowa, Division of Labor do hereby continue said bond in force for the further term(s)of 1 years(s)be�inning on the lOth day of Jtine 2025 and ending on the l Oth day of June , 2026 . Out-Of-State Contractor Bond PROVIDED, however,that said bond,as continued hereby,shall be subject to all its terms and conditions,except as herein modified, and that the liability of the said Fidelity and Deposit Company of Nlaryland under said bond and any and all continuxtions ihereof shall in no event exceed in ti�e aggregate the above named penaity, and that this certificate shall not be valid unless signed by said Principal. Signcd,sealcd and datcd this 12th day of March , 2025 W itness: �,o�� ;G�� //�Slc�n� {�') Principal �frt6t'... �1JL57ab� ��^_'�f'��`�Clyl�T/r' �/`5�,4.6) �—� Principal (SEAL) Yrincipal •='�v°r!cp u�`,,�, ��//`,pp'P�RVj'o=_ Fidelity and Deposit Company of Ntaryland =,'�i SEALmj'`- , V4�`r,,,,,,,/s;' Bv: ( ClI�G(�,� `J�. ��t��11 t,�c — `) ___. Candy L. Browning ,Attorney-in-fact LPM 90001 E;d.(08/16) Page 217 of 1000 LPM8975750 Bond Number State of fowa,Division of Labor Obligee Z�RICH AMERICAN I�'SURANCE COMPANY COi,O�IiAL AMF,RICAN CASIJAi,TY AND SIIRFTY COMPANY FIDELITY AND DGPOSIT COMPANY OF MARYLAND PO�VER OH'A'1"fORNEY KNOW ALL, ME�I E3Y T[-(ESE PRE.SE:NTS: Th�t the 7.,URICH AivIERfCAN INSURANCE COMPANY, a corporation of the State of New York, the COLONInL AiVIERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the CIDELITY rWD DEPOSIT CONIPANY 01' MARYI..n�1D a corporation of the State of lllinois (herein collectively called d�e"Companies"),by Christopher J.Nolan,Vice President,in pw�suance of authority granted by Article V, Section 8,of the By-Laws of said Companies,which ace set forth on tlie reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appointCandy L. Brownin�,its true and lawful agent and Attorney-in-Fact,to make,execu�e,seal and deliver, for, and on its behal f as surety,and as its act and deed: any �nd all bonds and undert�kings,and the execution of such bonds or undertakings in puisuance af these�resents,shall be as hinding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly clected officers of thc ZURICH ANIERICAN INSI!RANCE COMPANY at its officc in New York, �1cw York., thc regularly elected officers uf tl�e COLON(AL AMERfCAN CASUALTY AND SURETY COMPANY a� its of[ice in Owings Mills, Maiyland., and the regularly elected officers of the F'IDELITY AND DEPOSIT COYIPANY OF MARYLn1Vi�al its office in Owings Mills,Maryland., in their own proper persons. 'I'he said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Scction 8,of the By-Laws of said Companics,and is now in forcc. IN WITNESS WEIEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the s�id ZUItICH ANIERICAN 1NSUR,�NCG COMPANY, COLONIAL AMERICAN CASUALTY AND SURGTY COMPANY,and FIDELITY r�ND DEPOSIT COMPANY OF MARYLAND,tl�is 12�h day of March,A.D. 2025. "'�y�u�lY,�o'�.., 1dComp'. ..��1.w5v�F.,,. `.S J:b c�,o?'.� ,��''. :�.P P O ;�F�oPvo2�m11= ;ol�Peorrym,-.i 'jf�P �'^'\g�� ATTEST: 's� SEAL 1S-' =i[ SEAL f�; =�t SEAL �_ ,,��......��'•: \......,:O'�.=; :�'�,� ,;�t'= `�' •"�'�"'� 7UR[CH AMER[CAN INSURANCE COMPANY ,,,,,,� ,,,,,,,, FW.,�•. COLONIAL AMEI2ICAN CASUAL'I'Y ANU SURE'I"Y COMPANY �i � � F1DEL,ITY AND DEPOSIT COMPANY OF MARYLAND ��,� - ' <. �, �� l�cr,�U,�, � �;��,��c>.� ._, � By C'hristopher J. Nolan Ry Oa�-i�r�F.Brown Vlce Presiden! Secreta�}� State of M��•yland County of Baltimore On this L2th day of Iviarch, f1.D.2025,before tlie subsa•iber,a Notary Public of the State of Maryland, duly commissioned and qualified,Christopher J.Nolan,Vice President and llawn E.Drown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same,and being by me duly sworn,depose[h and saith,that he/she is the said officer af the Company aforesaid,and that the seals affixed to the preceding insh•ument are the Corporate Seals of said Companies, and lhat the said Corporate Seals and the signature as such of(icer were duly affixed and subscribed to the said instrument by the authority �nd dii•ection of the said Corporations. IN TEST[VIONY WHEREOF, I have hereunto set my hand and affixed my Official Seal [he day and year first above written. '��vE n�i'.�'�-.: C7e.vu�.vi.eveiM. Ma%bow '�.a?�T;�,.�s: ,�m�'UBL�G '`_ GENEVIEVEM.MAISON ::.;�,,,� ��"':5; Nornarweuc '-;"iwE�c��;� AA�TIMORE CCUMV,Y�O '^••" GEN0001 I Ed.(07/24) �1yC�inmasunE� resNNUARV71,70?S Authenticity of this bond can be confirmed at bondvalidator.zuridtna.com or 410-559-8790 Page 218 of 1000 ` EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attornevs -in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by writien instrument under the attested corpoi•ate seal,appoint attorneys-in-fact with authority to execute boncls, policies, recogniznnces, stipulations, undeilakings, or other lil<e instruments on behalf of tl�e Company, and u�ay authorize any officer or any such auorney-in-fact to affix the corporxte seal �Fiereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1,the undersigned, Vice Presidenl of the ZURICH AMERICfW INSURAiVCE COMPANY, the COLONIAL AMERIC'AN CAS�ALTY A\D SURETY COMPANY,and�he FiDELITY �WD DEPOS(T COMPANY OF�tARYLAND,do hereby certify � that the foregoing Power of Attorney is still in fuU f'orce and effect on tlie date of this certificate;attd I do further certify lhat Artide V, Section 8,of the By-Lnws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the E3oard of Directors of the ZURICI I AMGRICAN INSURANC[:COMPANY at a meeting duly called and held on thc ISth day of December 1998. RESOLVED: "That the signahne of�he President �r a Vice President and the attesting signahn�e of a Secretary OI' 211 Assistant Sea-etary and tlie Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signat�ire and seal shall be valid and binding on the Company." This Power of Attorney and Cei7ificate may be signed by facsimile under and by authority of the following resolution of the Boa+-d of Directors of che COLO\IAL ANIERICAN CASUALTY AND SURETY COMPANY at a mecting duly called and held on the Sth day of May, 1994, and the following resolution of the Sonrd of Directors of t(ie F[DbLITY AND DEPOSfT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That tl�e facsimile or mechanically reproduced seal of die company and facsimile or mechanically reproduced sign�ture of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter,wherever appearing upon a certified copy of any po�ver of attorney issued by tlie Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. iN TESTIMONY WHEREO�, 1 have herewi[o subscribed my naine and Tffixed the corporate seals of the said Companies, this 12t1i day of March,2025. a,��%pY'9°L%.. c',�°lCon��.., ,•��'�p�n�yq4��. c�.�oP Rqr 1:. ;'ti;�pPO�^�1�': �j�u°QP R9m�6"=_ SEAL�� =��SEALmj;` ;�� SEAL = =,s\ !�` ';�,� �a�` ;�ll /�• '.%"�..., �� z,Ay........'y�'.° •..,+.oti-�`: .�'MYOP�'• n�� P��,�� -- _. - - — - -- ___ By: Maiy Jean Pethick Vice President TO REPORT A CLAL�I WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OE TI-IG CLAII�I INCLUDING THG PRINCIPAL ON TNG BOND, THE BOND NUMBER, AND YOUR CONTACT IiVFORMATION TO: 7urich Surety Claims 1299 Zurich Way Schaumburg,lL G0196-1056 800-626-4577 Ifyow jurisdiction allows for elecuonic reporting of surety claims,please submit to: reuortsfclaims(�Uzw•ichna.com Autl�enticitv of lhis bund can be confirmed at bondvalidator.zin ichna.com or a 10-559-8790 Page 219 of 1000 . �/i � Zurich Surety Siuety Seivice Center Z V R 1�C7 1299 Zurich Way Schauinbw•g, (1 60196 Bond No. LP�'[8975750 CUNTIVI;ATION CERTIFICATE Eor�liscellaneous'l'ernis Boncls Principai: W K.Construction Co., Inc. and thc F�idclity and Ucposit Company of tiiaryland,as Surcty in�ccrclin Bond No. LPM$J75750,with an cffcctive dltc of dic I Oth day of June, 2010 in the renalry nf� Twenty Five Thousanrl and 00/100 Dollars (g2S,000.00 � In Favor of: State of towa, Division of L16or do hereby continue said bond in force for the f�uther term(s)of I years(s)beoinning on the IOth day of June 2026 �nd ending on the l Oth day of Jw�e , 20?.7 Out-0f-Statc Contractor Ciond PROVIDED, however,thxt said bund,as conlinued hereby,shall be subject to all its terms and conclitions,excep[as herein modiFied, and that the liability of the said hidel�ty and Deposit Cornpany of Maryland under said bond and any and all contin«ations thereof shall in no eveat exceed in the aggrcgate the above named penalty, and that this certificate shall not be valid unless signed by said Principal. Signcd, sealed and datcd this 12th day of vtarch , 2026 ,Wilness: • �,;,,�,✓� ��-/�'� � � �� G� .� �v /l�l'/�"s (SF;.aC) ��,/, <<�.�iy; r>N� ._ ;�lti��•f'� Principal �,1� �� , c r-�—l- • , �.1� /�Id__�c��-�-- iiv�,G��'� (SEy�L-) ��_.�c\u., l..� Vti� .\�'-� "'� 7vs/r;;9 ��' �r"�f� ` . C�/��/ir�y Principal (SEAL) Principal ,,,,,si Comu'2•. •Qo.,.......,.J =�o`�P7°�r;;�;;`., Fidelity and C�eposit Conipany�of Maryland ;Uj�O -"t �/��v' :3�.. :-,- � ;3 �>�• ...... BY: � C�_I�CI( ` � �i�(,t)�1 ��c , - ,.,,.:: ; . ,,, .,. • . , i� •••,.,,.., ��' < .,..,..,,. ��_ _ _ _ �1 Candy L. BrorvninQ , Attorncy-in-flct LP�I 90001 �d.(08/l6j Page 220 of 1000 L P�t2S��75750 Eio��d \umhcr St1te of to�ve, Division ot Labor Obligee ZURICH nML-RICAN INSURr�NCG COt�'1Pr1NY COLUNIAL rV'vlt�;ItlC'A�' C'a\SUr�L'1'Y' f\VD SUIZE`l'Y CU.VIf'�1vY FIDGCI"1'Y AND Db:POSI'f COMPANY OI'\�[f1RYLANU PO�Vr�R OF A'fTORVEI' KNObV ALL ViEN RY T�iF.SP PR[?SF.�'rS. Thai the 7.i.fRi<;H .Ai�'[�RICA[� [�]SURAVCF,COv1PA�tY, a corporation nf the Sta�e. of �e�� York, the COL<)NIAL A�TERfCAN C;\SCJF\LTY i\vU SURETY C0�4Pi1NY, a corporation oF the Staco of 111inois, and the rIDZL.(TY AND DEPOSIT C01vIPANY OF MARI'LAND z� coipuratiun uf the Stx�e of Tllinuis fherein collectively called the"Companies"),by Christopher J•No�an, Vice President, u�pwsu�nce oF authority granted by Article V, Section�,of the Qy-Laws oC said Cumpanies,which are set I'orth on the reverse side hereof and are hereby cer�iF�ed to be in fu(I force and ef[ec[on the datc hereof,do hereby nomin�tz,�onstiti.ite, and appointCandy L.Browning, its true and lawful agcnt<u�d Attorney-in-[=act, to makc,c�cecutc,sea( and delivei, for, and on its bchalf as surcty, and as its ac��nd dccd: any and all bonds and i�ndertakings,and the cxecuti�n of such bnnds or undertakings in pur,euance of these prescn«,shall be as binding up�n ss.�id Companies,as tully and amply,to all intents and purposes,as iF they had been duly executed an�l acknowledged by the regul<u ly clected officers uf the ZLJR[CFI AMERICAN IVSURANCE COMP/�NY at its uf('ice in New York, Ne�v Yvrk., lhe regularly electecl officers of the COI..On1AL. AMtRiCf\N CASUAI,TY A�IU SURF.TY CON[PANY a[ its office in Uwings Mills, Maryland., and the regularly elected officers of the FIDGL("fY AND DCPOSIT C'OViPA�lY OF' MARYLAND at its office in Owings vfills,Maryl�ind., in their own proper persons. The said Vice Presidenl does hereby ecetify that the extracl set forth on the reverse s�de hereof is a true copy of Artide V, Section 8,of the By-f..aws oF s�id Companics,and is now in Force. �N WTTNGSS �V1(C;R(;U�', �he ssiid Vice-President has hereunto subscribed his/her narnes�uid affixed the Corporate Seals of the said ZL1RI('H A��IERICAv INJURANCi; C'OMPAVY, COLON.IAL A�IERICAN CASU:�LTY AND StfRGTY CO�iP,�NY,and FIDF,LI`fY AND DLPUSI"l�CO�(PANY OF'MARYLANll,�h�s 12ih�lay of M1rch,A.D.2026. e"°``,�-,�y;;,. ,°"o;;�cem°^•,,, "."'"�a;;'',> :`:S:'PO�Ry��%�: `JZQ.Nt'Oq•�aos-�:: :',�`PPOij"•Fi ..�0 J�,�.? O � '�i'p �'� ".�SEAL�' `- -`a`OS[AL`�`;= =`'�SEAI��i� ATTEST': - = = jYc ?�i, _ ;;';,,��V �'�,;;; •,°��oj`�,.•�' ZURICH AVIL.RICA�'1NSURANCF,COMPA\`Y ,.,,, ,,,., ,.,, ,,.,., .,,..,,.. COLONIAL AMERICAN CASUALTY AND SL;RETY COVIPAYY rIDELITY AVD DEPOSIT COMPANY OP MARYLA�U � , ti �� `' 11 ?� '--��(.7iGl�'�L '� �;�,��Z/'LG)��_ _ �- �: r� F3y: Chrisrnplzer.l.Nola�t By Dawrt E. Brnwn Vice Preciclent Sec�efary Statc of��(arylan<l County of f3alti�norc On this 12th day of March, n.D.202b, before tl;e sitbscriber,�'�otnry Public of the State of vlaryland,duly commissioned�tnd qualified,Christopher J.Nul:ui,Vice Presideul ancl Dawn G.I;rown,Secretary of the Comp�inies,�o me personaily kno�vn to be the individuals and ofCicers desa�ibe.d in e�ncl who execu�ed the preceding instrumenl, and acknowledged the execution of Same,and being by me duly sworn,deposeth and saith,that he/she�s d,e said officer of che Con,ptury aforesaid,and that the seals affixed to the preceding inslrumenl are the Corporate Seals of said Companies, �nd lhat the said Corporate Seafs and the signature as such officcr �verc duly affiaed and subscribcd to the said instrumcnt by thc authorily and direc,ion of thc said Corporations. i�l"I'ESTiMONY�V�IGREOF,T have hereunto set my hand�iud aFfixed my Off'icial Se�il the day and ye�u first abuvc writt�n. �EI�'y��'�: =:�; .:�� + .i�.r'nt'�.c i4! .�I•i'ii.rti <�+�., ''1F;; Gcnevwvc i1,1.Maison \otary Public GEN0001 I Ed.(O�1i25) i�ty Cornr^ission E+ip�e January 27,2029 Authenticity of this bond can be confirmed a�bondval�dalor.zurichna.com or 410-559-8790 Page 221 of 1000 EXTRACT FROM BY-LAWS OF THE COMPANIES ",�rticle V, Section 8, �lttorneys in Fact. "fhe C'hief E.xecutive OF(icer, the Presiden�, or ai�y Executive Vice Presideru or Vic� President mxy, by wri�teii insu�umen� uncler lfie auested corporale seaL tippuinl anorneys-in-fact with au;hoiity to execu[e bonds, policies, recognizance.s, stipuiations, �mdertakm;s, or o[her like insuuments on behall ol [he Company, and may authorizc; any oFficer or any such a[torney-in-fact t�� affu the corporatc seal therero; and may w�th or without cause modify of revoke�ny such appointment o! ai�[honty at any time " CERTIFICATE 1, the undersigned, Vice President o(thc LLRICH AN(F;R[CAI�' [i�'SiJRANCG COiV(P�\h�Y, the CULON�AL �N[ERICA�I CAS(:ALTY AVU SURE"fY COMP�,�'Y,and the FIDE[.ITY f\ND DFPOSIT CO�(PANY OF�CARYLAND,cio herebp cer�if'y that the I�oregoino I'o�a-er of A[[orney is still in luil force and effect on lhe date of this certilicate; and I do Further certity lhat Article V,Section 8,01 tLe By-LawS ot the Companies i.s stiti in focce. "l his Pou'er of Attoiney and Certificate may be signed by facsnnile under and by authoriry of the Following resolution of the ' Bo�rd ol D�rectors o( the ZURICH AV(ERICAN INSUR,�NCE COi�/(P�\NY at a meetiitg duly cal led and held an the I Sth d�y oF Dccembcr 1998. RESOLVED: "That thc signature of the President or a Vice Presiden� and the attesting signiturc of a Scaetary or an Assistant Secretary�nd the Seal of[he Company may be a(tixed by facsimile on any Po4ver of Attorncy...Any such Power or any certificate[hereof bearinb such facsimile signature and seal shall be va(id and binding on the Company." This Power of Attorney and Ccrtificate may be signed by Facsimile under and b}'au�hority of the following resolution of�thc (3oard of Directors of the COC,ONIAL AV1ER[CAN Cf\SUnLTY AND SL'RETY COt�4Pt�NY at a rneeting duly callcd�nd held on the Sth day ot May; 19�J4, and the following resolution of [he Board of Directors o( die FIDEL[T'Y i\ND DEPOSII' COVIPANY OF M�aRXLAND at a meetinc duly called and held on the IOth day oF Ulay, 1990. RE50LVL•D: "Tha1 the facsimile or niechanically reproduced seal of the company �nd facsimile or mechanically rcproduced signalure of any Vicc-Presidenc, Sccretary, 01' ASSISCIR� SCCI'C111"y of thc Company, whether made heretofo�e or heieafter, wherever appearing upon a certified copy of any power of attorney issuetl by the Company,shall be valid and binding upon the Company with the same foice and effect as thou�h manually 1f'f'ixed. IN TESTI1�40NY W[[ERGOF, I ht�vc hereunto subscribed my namc and alfixed the corporate �eals oI the said Companics, this 12th day c�f Viarch ,207_6. ��•"�'f5�11lYw"'. .C��51lCOMu�' .`� iN.fiS�9.�.•,, �:4d::.TFU 1'�5�=� �Q•p'0 9/'' '�P�:•PCr�'•.� .•p 'ti�:'oP q9;:�s'i=- .Oi„ q�`m` lu ' " �?ciU n o' ;'s: SEAL�� 5 ��SEALm7=5 g( SEAI� Il'; 'yJ ��,��Fl`e uum��py �'Ao'qPF��e, 1��1�� tri�'��if_t C,�fc'. By: N7ary Jean Pethick Vicc President TO RF.PORT A CLAIYI WiTH RF,Gf1RD TO A SURF,TY 6(�VD, PLP;ASE SC�Bi�tl'1' A CONIPI,F.'fE �ESCRIPT'TC}iY OF TNP: CL�1[�I [NCLUDiNG THE VRIiYCIPAL ON '('((E BOND, THE BO�'D �U1�[3F�R, AND YOUR COVTAC'1' INi'OR��[A`CIU�'7'O: ltuich Surcty Claims 1299 Lurich �Vay Sc hawmbin�g, IL 60196-I OS6 80C-626-11577 tF yourjurisdiction allows for elcetronic repor[ing of surety claims,please submit to� reportsFclsiims�r?r��irid�na.com r\uthenticity o! rhis bonct can be confirmed at bonclvalidaror.�inuhna.com or 410-5�9-5?90 Page 222 of 1000 [Page Intentionally Left Blank] Page 223 of 1000 SECTION 00700 Page 1 of 6 INSURANCE PROVISIONS SECTION 00700 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors 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 General Cleaning Power Washing Carpet & Resilient Grass Cutting Tile &Terrazzo Flooring Flooring Janitorial Window Washing Caulking & Sealants Non Vehicular Snow& Acoustical Ceiling Ice Removal Filter Cleaning Office Furnishings Page 224 of 1000 SECTION 00700 Page 2 of 6 INSTRUCTIONS FOR INSURANCE SUBMITTAL: 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 Finance Director. The certificate must clearly indicate the project number and project name, or project description for which it is being provided For Example: Project# 5421000003 Project name: Public Works Asphalt Profile Milling Services Project Or Project Location: various locations in Dubuque, lowa. 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 Public Works Department of the City of Dubuque. 4. Failure to provide the coverage 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 insurances from all such subcontractors and sub-subcontractors. Contractor agrees that it shall be liable for the failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Contractor. 6. All required endorsements to various policies shall be attached to the certificate of insurance. 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 limit of liability are higher than the required minimum limit then the contractor's limit shall be this agreement's required limit. Page 225 of 1000 SECTION 00700 EXHIBIT I Page 3 of 6 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 CG0001 or business owners form BP0002. All deviations from the standard ISO commercial general liability form CG 0001, or business owners form BP 0002, 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 LimiY' as appropriate. 3) Include endorsement indicating that coverage is primary and non- contributory. 4) Include endorsement to preserve Governmental Immunity. (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). 6) The additional insured endorsement shall include completed operations under ISO form CG 2037 during the 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. 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. • Nonelection of Workers' Compensation or Employers' Liability Coverage under lowa Code sec. 87.22 yes form attached Page 226 of 1000 SECTION 00700 Page4of6 C) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 D) UMBRELLA/EXCESS LIABILITY Umbrella liability coverage must be at least following form with the underlying policies included herein. 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 excavation work must have a minimum of $3,000,000 umbrella regardless of the contract value. E) ENVIRONMENTAL IMPAIRMENT LIABILITY OR POLLUTION LIABILITY Coverage required: yes �no Pollution Liability coverage shall be required if project involves any pollution exposures 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 and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2010. (Ongoing operations) as stated in A(6) above or its equivalent. 3) Include Preservation of Governmental Immunity Endorsement 4) Provide evidence of coverage for 5 years after completion of project. Page 227 of 1000 SECTION 00700 Page 5 of 6 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 or effecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass, or crossing for which an easement or 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) OR An endorsement to the Commercial General Liability policy equal to ISO CG 2417 (Contractual Liability-Railroads). A copy of this endorsement shall be attached to the Certificate of Insurance. Page 228 of 1000 SECTION 00700 Page 6 of 6 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 is 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 insurance carrier. 4. Non-Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, 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. ___= END OF SECTION 00700 =___ Page 229 of 1000 �'� WKCONST-01 ESAWICKI ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �.� sisi2o2s 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: Hausmann Group,II1C. PHONE FAx 740 Regent Street 4th Floor �.vc,No,eXry:(608)257-3795 �S,vc,No�:(608)257-4324 PO Box 259408 nooa�Ess:commercial@myhaus.com Madison,WI 53725-9408 _ INSURER�SlAFFORDING COVERAGE NAIC# iNsuaeRn:West Bend Insurance Com an 15350 INSURED INSURER B: W K Construction Company,II1C. IN5URER C: 4292 Twin Valley Rd INSURER D: Middleton,WI 53562-4333 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 2026 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 OP INSURANCE ADDL SUBR� pOLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ��OOO�OOO CLAIMS-MADE u OCCUR i X �( 8450698 10/25/2025� 10/25/2026 DAMAGE TO RENTED _ 500,��0 PREMISES Ea occurrence $ MEDEXP An one erson $ ��,�� PERSONAL&ADV INJURY $ ��OOO�OOO GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2�000�000 POLICY�JECT � LOC PRODUCTS-COMP/OP AGG $ _ ZeOOO�OOO OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 'I�OOO�OOO Ea accident ___ $ _ _X ANY AUTO g450695 1 O/25/2O2$i 1 O/25/2026 BpDILY INJURY Per erson $ OWNEO SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED �( NON-OWNEO PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 9�000�000 EXCESS LIAB �CLAIMS-MADE B4SO69H 10/25/2025 10/25/2026 AGGREGATE $ 9�000�000 DED X RETENTION 5 � I $ A WORKERS COMPENSATION � X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER I ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X 6450732 10/25/2025 �OIZS/ZOZG I 'I�OOO�OOO OFFICER/MEMBER EXCLUDED? � N/A I E_L.EACH ACCIDENT____ $ (Mandatory in NH) I r E.L.DISEASE-EA EMPLOYEE $ �,OOO,OOO If yes,descri6e under ' 7,000,000 DESCRIPTION OF OPERATIONS below I E.L DISEASE-POLICY LIMIT $ A Leased/Rented Equip B450698 10/25/2025 j 10/25/2026 Limit 900,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:#5421000003,Public Works Asphalt Profile Milling Services Project When required in written contract,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,are Additional Insured on a primary and non-contributory basis with respect to General Liability including ongoing and completed operations.Waivers of subrogation applies in favor of the Additional Insured with respect to General Liability and Workers Compensation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Dubu ue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y q ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Department 925 Kerper Court 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 230 of 1000 SECTION 00750 Page 1 of 3 SALES AND USE TAX EXEMPTION CERTIFICATE SECTION 00750 The City of Dubuque, as a designated exempt entity awarding construction contracts, will issue special exemption certificates to contractors and subcontractors, allowing them to purchase, or withdraw from inventory, materials for the Contract free from sales tax pursuant to lowa Code Sections: 422.42 (15) & (16), and 422.47 (5). The special exemption certificate will also allow a manufacturer of building materials to consume materials in the perFormance of a construction contract without owing tax on the fabricated cost of those materials. 1. These tax exemption certificates and authorization letters are applicable only for the work under the contract. The Contractor and each subcontractor shall comply with said lowa Code Sales Tax requirements, shall keep records identifying the materials and supplies purchased and verify that they were used on the contract, and shall pay tax on any materials purchased tax-free and not used on the contract. 2. Upon award of Contract the City will register the Contract, Contractor, and each subcontractor with the lowa Department of Revenue and Finance; and distribute tax exemption certificates and authorization letters to the Contractor and each subcontractor. Page 231 of 1000 SECTION 00750 Page 2 of 3 PROJECT INFORMATION REQUIREMENTS FOR STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES FOR CONTRACTORS & SUBCONTRACTORS Submitting Department: Public Works Department Contact: Brian Wulfekuhle Project CIP Number(s): 5421000003 Please complete this form in its entirety and submit along with the executed Contract, Bonds and Certificate of Insurance. Upon receipt, the City Finance Department will work with the lowa Department of Revenue to issue Sales Tax Exemption Certificates to the approved contractor(s) to allow for the purchase or inventory withdrawal of materials for the specified Project free from State of lowa Sales Tax. Sales tax exemption certificates are not provided to material suppliers. The Contractor and subcontractors can provide copies of the sales tax exemption certificates issued by the City to individual material suppliers, Project Name: Public Works Asphalt Profile Milling Services Pro'ect Project Description: This project includes the asphalt profile milling of approximately 10.19 miles amongst 64 street sections throughout the City of Dubuque. The project is broken up into 5 distinct project phase areas. Start Date (Bid Opening Date): May 7, 2026 Final Completion Date: October 2, 2026 1. General Prime Contractor: WK Construction Co., Inc Contact Name: Josh Kahl Complete Address: 4292 Twin Valley Road (Include PO Box and Street Information) City, State, Zip Code Middleton, WI 53562 Telephone Number: 608-836-4424 Federal I.D. Number: 39-1418888 (or Include Social Security Number) Work Type to be Completed: Asphalt Profile Milling Page 232 of 1000 SECTION 00750 Page3of3 2. Subcontractor: NONE Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: 3. Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: ___= END OF SECTION 00750 =___ Page 233 of 1000 [Page Intentionally Left Blank] Page 234 of 1000 SECTION 00750 Page 1 of 1 THE CITY OF City of Dubuque DT' T� � Engineering Department �J 50. W. 13t" Street Masterpiece on the Mississippi Dubuque, IA 52001 (563) 589-4270 NOTICE TO PROCEED SECTION 00850 TO: CONTRACTOR NAME ISSUE DATE: ADDRESS CITY, STATE ZIP COMMENCEMENT DATE: (INSERT DATE = 10 DAYS FROM ISSUING NOTICE TO PROCEED) PROJECT: Public Works Asphalt Profile Milling Services Project Dear Mr. Kahl : You are hereby notified to commence the work on the Project, on or before the commencement date, in accordance with the Contract Documents. You are required to return an acknowledged copy of this Notice to Proceed to the City. THE CITY HAS RECEIVED A COPY CITY OF DUBUQUE, IOWA OF THE CONTRACTOR'S WRITTEN gy: SAFETY PROGRAM (Signature) ❑ Max O'Brien YES (Name) Assistant Public Works Director — Project Manager ACCEPTANCE OF NOTICE �-�/-� Receipt of the above Notice to Proceed is hereby acknowledged this /�I day of s , 2021�. PRINCIPAL: W K Construction Co., Inc (Contractor) By: � �%�� ignature) Joshua W. Kahl (Name) Secretary (Title) Page 235 of 1000 [Page Intentionally Left Blank] Page 236 of 1000 SECTION 00775 Page 1 of 2 SITE CONDITION INFORMATION SECTION 00775 775.1 SUBSURFACE CONDITIONS In the preparation of the Contract Documents, the Engineer relied upon the following report(s) and drawing(s) of explorations and tests of subsurface conditions at the Site: 1) Geotechnical Engineering Report prepared by N/A Date: Pages: No geotechnical data was collected for this project design. The technical data in the above report(s), upon which the Contractor may rely, consists of boring logs, test results, and boring locations all as of the date made. Engineer accepts no responsibility for accuracy of the soil data or water level information. Soil information, included with these Contract Documents, was not obtained for the purposes of designing excavations and trenches. Contractor shall assure itself by personal examination as to subsurface conditions and shall provide its own investigations and make its own assumptions to comply with OSHA and any other applicable laws and regulations regarding excavation and trenching requirements. 775.2 PHYSICAL CONDITIONS In the preparation of the Contract Documents, the Engineer relied upon the following drawing(s) of physical conditions in or relating to existing surface and subsurFace structures (except underground facilities) which are at or contiguous to the Site: 1) Drawings prepared by City of Dubuque, Engineering Department. Title: Public Works Asphalt Profile Milling Services Project Date: April 20, 2026 Pages: all pages Page 237 of 1000 SECTION 00775 Page 2 of 2 775.3 HAZARDOUS ENVIRONMENTAL CONDITIONS In the preparation of the Contract Documents, the Engineer relied upon the following reports(s) known to the owner of hazardous environmental conditions at the Site: 1) Phase I Environmental Site Assessment Study prepared by N/A Title: Date: 2) Phase II Environmental Site Assessment Study prepared by N/A Title: Date: 3) Soil and Groundwater Management Plan prepared by N/A Title: Date: The technical data in the above report(s), upon which the Contractor may rely, consists of test results all as of the date made. Contractor must not remove, disturb or remediate any Hazardous Environmental Conditions encountered, uncovered or revealed at the Project Area, unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of work. ___= END OF SECTION 00775 =___ Page 238 of 1000 SECTION 00800 Page 1 of 2 CONSTRUCTION SCHEDULE AND AGREED COSTS OF DELAY SECTION 00800 800.1 SCHEDULE: CALENDAR DAY SCHEDULE: Work required by the Contract Documents shall commence within ten (10) calendar days after Notice to Proceed has been issued and shall be Finally Complete by July 15, 2026. Please see 800.3 below for incentive information. 800.2 AGREED COSTS OF DELAY: Time is of the essence of the Contract. As delay in the diligent prosecution of the work may inconvenience the public, obstruct traffic, interfere with business, and/or increase costs to the City such as engineering, administration, and inspection, it is important that the work be prosecuted vigorously to final completion. An extension of the contract period may be granted by the City for any of the following reasons: 1. Additional work resulting from a modification of the Contract Documents by approved change order. 2. Delays caused by the City. 3. Other reasons beyond the control of the Contractor, which in the City's opinion, would justify such. Should the Contractor, or in case of default the Surety, fail to complete the work within the specified Final Completion Dates, a deduction at the daily rate for agreed costs of delay will be made for each and every calendar day or working day, whichever is specified, such that the work remains uncompleted. The Contractor or the Contractor's Surety shall be responsible for all costs incidental to the completion of the work, and shall be required to pay the City the following daily costs: A. For each calendar day that any work remains uncompleted beyond the Final Completion date the contractor will be assessed and shall pay, $800 per calendar day, not as a penalty but as predetermined and Agreed Cost of Delay until Final Completion requirements are met. Permitting the Contractor to continue and finish the Work, or any part of it, after the expiration of the Substantial and Final Completion dates or Milestone Dates or extension thereof shall in no way operate as a waiver on the part of the City of any of its rights or remedies under the contract, including its right to Agreed Cost of Delay pursuant to this provision. Furthermore, the assessment of Agreed Cost of Delay shall not constitute a waiver of the City's right to collect any additional damages which the City may sustain by failure of the Contractor to carry out the terms of the Contract. Page 239 of 1000 SECTION 00800 Page 2 of 2 The Agreed Cost of Delay rates specified in the Contract Documents is hereby agreed upon as the true and actual damages due the City for loss to the City and to the public due to obstruction of traffic, interFerence with business, and/or increased costs to the City such as engineering, administration, construction, and inspection after the expiration of the contract times, or extension thereof. Such Agreed Cost of Delay will be separately invoiced to the Contractor, and final payment will be withhefd from the Contractor until payment has been made of this invoice for the agreed cost of delay. The Contractor and its surety shall be liable for any agreed cost of delay in excess of the amount due the Contractor. ___= END OF SECTION 00800 =___ Page 240 of 1000 EROSION CONTROL CERTIFICATION SECTION 00900 Dated: S l�?ZU�'� City: DUBUQUE IOWA Address: Project: Public Works Asphalt Profile Milling Services Prolect Contract No. Description: This prolect includes the asphalt profile millinq of approximately 10.19 miles amonqst 64 street sections throuQhout the Citv of Dubuque. The proiect is broken up into 5 distinct proiect phase areas. I certify under penalty of law that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) Permit that authorizes the storm water discharges associated with industrial activities from the construction site and as detailed in the Contract Documents. Further, by my signature, I understand that I am becoming a co-permittee, along with the owner(s) and other contractors and subcontractors signing such certifications, to the lowa 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 performed 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: WK Construction Co., Inc By: 1 /'�� (Authorized Signature) Joshua W. Kahl Secretary (Title) ___= END OF SECTION 00900 =___ Page 241 of 1000 CONSENT DECREE RELATING TO THE CITY OF DUBUQUE, IOWA WATER POLLUTION CONTROL PLANT AND SEWER COLLECTION SYSTEM NO CONTRACTOR OR CONSULTANT MAY PERFORM ANY WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER POLLUTION CONTROL PLANT OR THE SEWER COLLECTION SYSTEM UNLESS A SIGNED COPY OF THIS DOCUMENT IS RETURNED TO THE CITY OF DUBUQUE ENGINEERING DEPARTMENT The City of Dubuque, Iowa has entered into a Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11-cv- 01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. 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 undet• contract with the City to perform the obligations of the Consent Decree. The City is requit�ed 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 https://www.cityofdubuque.oe�/DocumentCenter/View/45550/ConsentDecreeFinal-2?bidId= A paper copy is available upon request. 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 othet•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 requireinent 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, c•ecords, or other information subject to such requir•ements and, upon request by the United States oc the State, the City shall deliver any such documents, records, or other information to the EPA or IDNR. Page 242 of 1000 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 Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339,United States District Couct for the Northern District of Iowa. 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. All documents, reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. The Contractor or Consultant agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees froin 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: WK Construction Co., Inc By: NOT APPLICABLE Its Date: Return signed copy to: Max O'Brien Public Works Department 925 Kerper Court Dubuque IA 52001 mobrien c�cityofdubuque.org Page 243 of 1000 I i SECTiON 00500 Page '( of 7 PUBLIC IMPROVEMENT CONTRACT � sECT�oN o0500 LORAS BOULEVARD RECONSTRUCTION AND REPAIRS THIS 1MPROVEMENT CONTRACT {the Contract), made in triplicate, dated for references purposes the 19'" day af Mav, 2026 between the City of Dubuque, lowa, by its Cifiy Manager, through authority conferred upon the Cifiy Manager by 9ts City Council (City}, and Eastern lowa Excavafiinq & Concrete, LLC (Contractnr). For and in consideration of the mutual covenants herein confiained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all mafierial and equipment and to perForm all labor necessary for the LORAS BOULEVARD RECUNSTRUCTION AND REPAIRS 2. CONTRACT DOCUMENTS A. The Contract Documenfis consist of the following: 1. Project Title Page (Section 001�0). 2. Project Directory Page (Section 00101). 3. Th9s Public Improvement Contract (Section a�504). 4. Performance, Payment, and Maintenance Bond (Section 00600}. 5. 4ut-of-State Contractor Bond {Section 00610). G. Other Bonds: a. (Bond Name) (pages _to_ , inclusive). b. (Bond Name} (pages _to_ , inclusive). c. (Bond Name} {pages _to � , inclusive). 7. The lowa Statewide Urban Design And Specifications (SUDAS) 2023 Edition. 8. CITY OF DUBUQUE Supplemental Specifications 2023 Edition. 9. Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual. 10.Special Provisions included in the project Contract Document Manual. 11 .Drawings —All pages or drawings consisting of sheets bearing the foHowing general title: LORAS BOULEVARD RECONSTRUCTION AND REPAiRS 12.Addenda (numbers 1 to 1 , inclusive}. 13.Insurance Rrovisions and Requfremenfs (Section 00700). 14.Sales Tax Exemption Certificate (Section 00750). 15.Site Condition Information (Section 00775}. . 16.Construction Schedule and Agreed Cost of Delay (Section 00800}. 17.Erosion Control Certificate (Section 00900). Page 244 of 1000 � , SECTION 00500 Page 2 of 7 18.Consenfi Qecree (Section 01000}. � 19.Exhibits to this Contract (enumerafied as follows): � a. Contractor's Bid (pages i to '� inclusive). b. Bidder Status Form (Section 40460}. c. The following documentation that must be submitted by Confiractor prior ta Notice of Award. d. Contractor Background Information Form (Section 00471) 20.The foliowing which may be delivered or issued on or after the Effective Date of the Agreement: a. Notice to Proceed {Section Oa850). b. Project Certification Page (Section 00102). c. Change Orders (Not attached to this agreement). There are no other Contract Documents. The Contract Documents may only be amended, modified, or supplemented as provided in General Conditions. 3. A11 materials used by the Contractor in the Project must be of the quality required by the � Contract Documents and must be installed in accordance with fihe Gontract Dacuments. 4. The Contractor must remove any materials rejected by the City as defective or improper, or any of said work condemned as unsuitable or defective, and the same must be replaced or redone to the satisfaction of the City at the sole cost and expense of the Contractor. 5. Thres percent(3°/a) of fihe Contracfi price wiil be retained by the City for a period of thirty(30} days after final completion and acceptance of the Project by the City Cauncil 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 Gontract and for a longer period if such claims are not adjusted within that thirty {30) day period, as provided in iowa Code Chapter 573 or lowa Code Chapter 26. The City wil! 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 unti! such claims have been settled, adjudicated ar otherwise disposed of. 6. The Contractor has read and understands the Contracfi Documents herein referred to and agrees not fio plead misunderstanding or deception related to est9mates of quantity, character, location or other conditions for the Project. 7. In addifiion to any warranty provided for in the specifica#ions, the Contracfior must also fix any other defect in any part of fihe Project, even if the Project has been accepted and fully paid for by the City. The Contractor's maintenance bond will be security for a periad 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 Cost of Delay Section of the Contract Documents. 9. indemnification; l.iabiSity fior City Damage a. To the fullest extent permitfied by law, the Contractor shall indemnify and hold harmfess the City from and against all claims, damages, losses and expenses, inciuding but not fimited to atfiorneys' fees, arising out of or resulting from perFormance of the Contract, Page 245 of 1000 SECTION 00500 � Page 3 of 7 provided that such claim, damages, Eoss or expense is attributable to bodiiy injury, . sickness, disease or death, or injury to or destruction of property (other than the Project : itself) including loss of use resulting fiherefrom, bufi only to the extent caused in whole or in part by negligent acts or omissions of the Contracfior, fihe Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontracfiar or anyone for whose acts the Contractor or the Cantractor's subcontracfior 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 iiable to the City for any damage to City properfiy arising out of or relafied fio fihe Contractor's negligent perFarmance of the Contract. 10. The Contractor hereby represents and guarantees fihat it has not, nor has any other person for or in 9ts behalf, directly or indirectly, entered into any arrangement or Confiract wi#h any other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; and it has not, nor has another person fior or in its behalf directly or indirectly, entered into any Confractor arrangement with any other person, firm, corporation or association which tends fio or does lessen or destroy free competition in the award of this Contract 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 nofi less fihan fien percent (10%}of the Contract price but in no evenf less than $2,0�0.00 {Twa Thousand Dollars}fio fihe Cifiy. 11. The surety on the Bond furnished for this Contract must, in addition to all other provisions, be obligated to the extent provided for by lowa Code 573.6 relating to this Contract, which provisions apply to said Bond. ' 12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of Substantial Cornpletion has been issued by the City, ifi wi11 keep and maintain the Project in good repair for a period of�wo (2) years. ; 13. The City may terminate this Contract with or wifihout cause upon sixty(60)days'written notice delivered to the Contractor. 14. This Contract sha11 be governed by fihe laws of the State of lowa and exclusive jurisdiction and venue for any action arising out of or related fio 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 shali constitute an original, and a!I of which together shall consfiitute one and the same document. This Contract may be executed by the parties and transmitted by SECTi4N Qa504 electronic transmission, and if so executed and transmitted, shal! be effective as if the parties had delivered an executed original of this Contract. 16. Currency. All prices and financ9al fierms referenced herein are intended to be in U.S. dollar and shafl remain in U.S. dolfars despite any exchange rafie. 17. Conflict in Terms. In the event ofi a conflict between the terms of this Contract and the terms of any of the Contract Documents, the terms of this Confiracfi shaH prevaiL � Page 246 of 1000 SECTION 00500 Page 4 of 7 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 further represents that during the Term Contractor will remain in compliance. Contractor shall require all contractors and subcontractors providing services under this Contract shall also certify compliance with this Section. B. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C. 1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and Department of Labor Regulations (29 CFR, Part 5). B. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. C. 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 duration of the term(s) of this Contract. 19. Federally Assisted Project. Is this project funded fully or in part with federal funds? ❑ Yes (if yes, provision a. and b. below apply) � 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). Page 247 of 1000 SECTION 00500 Page 5 of 7 CONSENT DECREE RELATING TO THE PROJECT 20. � 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. CITY CONTRACTOR � THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. The City 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 Number 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 is included in the Contract Documents and can be viewed at http://www.cityofdubuque.orq/DocumentCenter/Home/View/3173. A hard copy is available upon request at the City's Engineering Department Office. 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 (5) years after the termination of the Consent Decree, the City must retain, and must 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 period, upon request by the United States or the State, the City must 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 must 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 must deliver any such documents, records, or other information to the EPA or IDNR. Page 248 of 1000 i SECTION 00500 Page6of7 CERTIFICATlON BY CONTRACTOR The undersigned, on behalf of the Contracfior, with fufl authority to act on behalf of fihe Contractor, � certifies to the C9ty of Dubuque as fol�ows 1. I have received a copy of the Consent Decree 9n the case of The United States of America, and the State of lowa v. The City of Dubuque, lowa, Civil Action Number Case 2:11-cv-01Q91-EMJ, Civi! Action Number2008V00041, DOJ Case Number90- 5-1-1-09339, United States District Courfi for the Northern District of lowa. 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. Afl 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 fihe Consent Decree. 4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penaifiies, cosfis and fees as provided in the Consent Decree, relating to or arising out of the Contractor's failure to comply with the Consent Decree. CONTRACTOR: Eastern lowa Excavatinq & Concrete, LLC Con#ractor By: Signature Chad Demmer Printed Name �wner Title 5-13-2026 Date Page 249 of 1000 SECTtON 00500 Page 7 ofi 7 � 3'HE CITY AGREES: 21. Upon the completion of the Contract, and the acceptance of the Project by the Cifiy Council, and subject to the requirements of law, the City agrees fio pay the Contractor as fufl compensation for the complete performance of this Contract, the amount determined for the fiotal work completed at the price{s) stated in the Contractor's Bid Proposal and less any Agreed Cost of Delay provided for in fihe Contract Documents. CONTRACT AMOUNT $ 405,706.20 _ CITY OF DUBUQUE, IOWA: Citv Manqers Office ; �De rtment By: � Sig �ture Michael Van Milliqen Printed Name _City Manager ._ Title 05/19/2026 Date CONTRACTOR: E tern I a Excavatin & Concrete LLC ont cto ignature Chad Demmer Printed Name Owner r�ti� 5-13-2026 Date --_= END QF SECTION 44500 ==== Page 250 of 1000 [Page Intentionatly Left Blank] Page 251 of 1000 SECTION 00600 Bond Number: 101788242 Page 1 of 5 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 KNOW ALL BY THESE PRESENTS: That we, Eastern lowa Excavatinq & Concrete LLC, as Principal (hereinafter the "Contractor" or "Principal") and Merchants National Bonding, inc. 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 four hundred five thousand seven hundred six dollars and finrenty cents ($405,706.20), 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 19th day of May , 2026, (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following project in accordance with the Contract Documents, and to faithfully pertorm 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 Loras Boulevard Reconstruction and Repairs detail the following described improvements: The project includes the reconstruction and rehabilitation of approximately 0.28 centerline miles of Loras Boulevard in the City of Dubuque, lowa. The scope of work includes the installation of 650 lineal feet of new curb and gutter, placement of 1,450 square yards of 9- inch PCC pavement, 75 square yards of PCC sidewalk, pavement rehabilitation, erosion control, and other necessary measures to complete the work. Rehabilitation will consist of full depth patching and providing 4" wide sealant for any cracks or joints under 3" in width. For any cracks or joints over 3" in width a 6" mastic banding will be provided. 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 Page 252 of 1000 SECTION 00600 Page 2 of 5 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 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 finrenty 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. Page 253 of 1000 SECTION 00600 Page 3 of 5 The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary nofinrithstanding, to the following provisions: D. That no provision of this Bond or of any other contract shall be valid that limits to less than five (5) years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Owner including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is intended the Contractor and Surety will defend and indemnify the Owner on all claims made against the Owner on account of Contractor's failure to perForm as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. 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 Page 254 of 1000 SECTION 00600 Page 4 of 5 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. CIP # 5521000018-110-67990 AND 5521000018-301-67990 Witness our hands, in triplicate, this 19th day of May , 2026. SURETY COUNTERSIGNED BY: Title Not Required F M APPROV�ED BY: Signature of Agent � Re esentative for Owner Printed Name of Agent SURETY: Compa ny Address :•'t1�Rppq�a':. Merchants National Bonding, Inc. ;.y;�o +;:Z: �_�_ -o_ o.o: . :�: Sur Co pany :�;. :003 ;�; . Ciry, State,Zip Code � .'b`'��.'.•. :p��' B � , �.�.. . � Si ature Attomey-in-Fa Officer . :Company Telephone Number Jamie Gifford,Attorney-in-Fact , PRINCIPAL: Printed Name ofAttorney-in-Fact Officer Holmes,Murphy and Associates LLC East n�la Excavatin & Concrete LLC Company Name • 'Cont ct 2727 Grand Prairie Parkway g • Company Address , ignatu�e r� Waukee, IA 50263 V�k-, `��- i City, State,Zip Code Printed Name (515)223-6800 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-FactlOfficer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. ___= END OF SECTION 00600 =__ Page 255 of 1000 MERC�[ANTS BONDING COMPANYT� POWER OF ATTORNEY KnowAll Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of lowa,and MERCHANTS NATIONAL INDEMNITY COMPANY,an assumed name of Merchants National Bonding,Inc., (herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Alissa Cahalan;Anne Crowner;Ashlea McCaughey;Austin Muehlschlegel;Ben Williams;Brian J Oestreich;Brian M Deimeriy;Cameron M Burt; Colby D White;Connor Oberg; Dione R Young;Donald E Appleby;Douglas Muth;Ginger Hoke;Grace Rasmussen;Graydon Dotson;Greg Krier; Jamie Gifford;Jay D Freiermuth;Jenni Marino;Jessie Allen;Joe Tiernan;John Cord;Joshua R Loftis;Kate Zanders;Keeton Welch;Kristine M Becks;Lindsey Minutillo;Mark R DeWitt;Mark Sweigart;Melinda C Blodgett;Michelle Morrison;Michelle R Gruis;Nathan Weaver;Nicole Stillings; R C Bowman;Ryan Olivia E Lundy;Sandra M Engstrum;Sara Huston;Sarah C Brown;Seth Rooker;Taylor Fogle;Ted Jorgensen;Tim McCulloh; Todd Bengford;Zach Fuller their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the pertormance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the By-Laws adopted by the Board of Directors of the Companies. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the naturethereof." "The signature of any authorized officer and the seal of the Company may be a�xed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 2nd day of March , 2026 • MERCHANTS BONDING COMPANY(MUTUAL) .�o�jp1 POCp,�A�. '��PZ�ONq�e�� :�`ONpL►Hpc�'.� MERCHANTS NATIONAL BONDING,INC. _ :�y;4pR qqr;9y�, ;�y.:�opPOq'q�..o': ;=p•P�,�FOR�;�•,y� MERCHANTSNATIONALINDEMNITYCOMPANY - ,2:2 _p_ o': �2,=�+ t�:0'� ;�NjG 'y�'•�• c3•:Q:� -O" �: •z� � 7n: ' �o: 1933 'ti: ;v'•. 2003 :;c�5 Z�: e'+T� �� a"��''••... �'��'�• '•�,�' � � 'a`••' �d,;'• � aa' � � �� ,.�,••..�...:;�,. .�r'�.4��j,@• BY ., STF�TE OF IOWA GOUi4TY OF DALLAS ss. On tFiis 2�d day of March 2026 before me appeared Larry Taylor,to me personaily known,who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY(MUTUAL), MERCHANTS NATIONAL BONDING,INC.,and MERCHANTS NATIONAL INDEMNITY COMPANY;and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. tiP�""�s Penni Miller , Z�� Commission Number 787952 • • My Commission Expires ��'P January 20,2027 (Expiration of notary's commission Nohary Public does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF- ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended orrevoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 19th day of May ,2026 . ,O�p1NGCp,�A 'pt�ONq�•..,. `�NAL11Vp ,�0:�(�POq4..9y� �°y� p0�4.B ;'� � RN-,c�i�,• /� ��yr4 �'�:.e., :t. vB R J;.:O:� �2P�\FO �9:.:�• //1 •2'r 'O �;3, 'ac$ -o- v3�e :_' �i[�: �I( �o' 1933 :cv; =�i`: 2003 ;;�; ;%: � i�� Secretary '�k''• ...:•��. �%�vz; �a` ' :b�;;•. ;�D •:�••' •`;t�..;t?. •o,. .;�':Q.. *•. POA 0018 (5/25) Page 256 of 1000 SECTION 00750 Page 2 of 5 PROJECT INFORMATION REQUIREMENTS FOR STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES FOR CONTRACTORS & SUBCONTRACTORS Submitting Department: PUBLIC WORKS Department Contact: MAXWELL O'BRIEN Project CIP Number(s): 5521000018-110-67990 AND 5521000018-301-67990 Please complete this form in its entirety and submit along with the executed Contract, Bonds and Certificate of Insurance. Upon receipt, the City Finance Department will work with the lowa Department of Revenue to issue Sales Tax Exemption Certificates to the approved contractor(s) to allow for the purchase or inventory withdrawal of materials for the specified Project free from State of lowa Sales Tax. Sales tax exemption certificates are not provided to material suppliers. The Contractor and subcontractors can provide copies of the sales tax exemption certificates issued by the City to individual material suppliers. Project Name: LORAS BOULEVARD RECONSTRUCTION AND REPAIRS Project Description: The project includes the reconstruction and rehabilitation of approximately 0.28 centerline miles of Loras Boulevard in the City of Dubuque, lowa. The scope of work includes curb and gutter, PCC pavement, PCC sidewalk, erosion control, and other necessary measures to com lete the work. Start Date Bid O enin Date : Ma 7, 2026 Final Com letion Date: Jul 17, 2026 1. General Prime Contractor: Eastern lowa Excavatin & Concrete, LLC Contact Name: Complete Address: 121 Nixon Street SE (Include PO Box and Street Information) Cit , State, Zip Code Cascade, IA 52033 Tele hone Number: 563-852-5120 Federal I.D. Number: 20-0546345 (or Include Social Security Number) Work Type to be Completed: General Contractor Page 257 of 1000 SECTION 00750 Page 3 of 5 2. Subcontractor: Selco, Inc. Complete Address: 210 Second St. P.O. Box 137 (Include PO Box and Street Information) Ci , State, Zi Code East Dubu ue, IL 61025 Tele hone Number: 815-554-6594 Federal I.D. Number: 42-1020126 (or Include Social Security Number) Work Type to be Completed: Traffic Contro� 3. Subcontractor: Eastern lowa Asphalt Maintenance Inc. Complete Address: 105 Rose Ct. P.O. Box 181 (Include PO Box and Street Information) Cit , State, Zi Code Farle , IA 52046 Tele hone Number: 563-744-3446 Federal I.D. Number: 20-4958133 (or Include Social Security Number) Work Type to be Completed: Crack & Joint Cleaning, Filling ___= END OF SECTION 00750 =___ Page 258 of 1000 SECTION-01000 Page 1 of 2 CONSENT DECREE RELATING TO THE CITY OF DUBUQUE, IOWA WATER POLLUTION CONTROL PLANT AND SEWER COLLECTION SYSTEM NO CONTRACTOR OR CONSULTANT MAY PERFORM ANY WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER POLLUTION CONTROL PLANT OR THE SEWER COLLECTION SYSTEM UNLESS A SIGNED COPY OF THIS DOCUMENT IS RETURNED TO THE CITY OF DUBUQUE ENGINEERING DEPARTMENT The City of Dubuque, Iowa has entered into a Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. 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 https://www.citvofdubuque or�/DocumentCenter/View/45550/ConsentDecreeFinal 2�bidId A paper copy is available upon request. 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 259 of 1000 SECTION 01000 Page 2 of 2 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 Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11-cv-O 1011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. All documents, reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. The Contractor or Consultant agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims,including penalties,costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's or Consultant's failure to comply with the Consent Decree. Contractor or Consultant: Eastern Iowa Excavatin� & Concrete LLC By: `.��. `�-c•t..+v.�v , �vJt.�./ Its Date: �—��' �3.10 Return signed copy to: Maxwell O'Brien, PE Public Works Department 50 W 13�h Street Dubuque, IA 52001 mobri en@cityofdubuque.org Page 260 of 1000 Dubuque THE CTTY OF � DUB E 1 MI�. � �� ► 2007•2012•2013 Masterpiece on the Mississippi zoi�*zoi9 - City of Dubuque Finance Department 50 W 13th Street (address) Dubuque, IA 52001 Phone # 563-589-4398 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 (Velldol') at College Lawn Service and Snow Removal LLC (Vendor Name) 1087 Cedar Cross Road,Dubuque, lowa 52003 (Vendor Address - City and State) PROJECT T1TLE: City of Dubuque Grass Mowing 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: City of Dubuque Grass Mowing Services The work described above shall be completed at the following location(s): Multiple City locations per bid submittal location document. 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 261 of 1000 2. Contract Documents shall mean and inciude the following WHE�RE 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 October 31,Zo2� (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 262 of 1000 anyone directly or indirectiy 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. CO NTRACT AM O U NT$ See oHec�ed Bltl PrklnB Submiltel Foim Irom Ihe bitl reaponse. CITY OF DUBUQUE, IOWA VENDOR: gy. ��,,� �'�� 05/20/2026 uc�n �c-e Date Co a y Name L(,C. �� Sign e D te . ` i�01 v�s�. Prmt d Name U Q(�.Q�Y' � Title College Lawn Service James Reiblir�g P.O. Box 15?2 Dubuque, lA 52004 563-5��-6071 collegelawn7@gmai�.co.m Page 3 of 19 - Page 263 of 1000 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 264 of 1000 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 265 of 1000 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 266 of 1000 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: Grass Mowing Services or Project Location at Multiple City Locations 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 Finance 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 contracUagreement 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 7 of 19 Page 267 of 1000 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 towa 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 26 1000 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. Pcll 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 LIABILfTY 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 transpartation 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 269 of 1000 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 270 of 1000 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 presenre 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 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 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 11 of 19 Page 271 of 1000 ATTACHMENT C BID SUBMITTi4L FORMS For GRASS MOWING SERVICES FORM NAME PAGE General Company Information Form................................... 23 Bid Pricing Submittal Form ................................................. 25 Signature Page Form .......................................................... 26 GENERAL COMPAIVY 1NFORMATION FORM I Compeny Nal"tle: �ollege Lawn Service&Snow Removal LLC Company Address: �os�Cedar cross Rd,Dubuque IA 52003 Mailing PO Box 1572,Dubuque IA 52004 General Description of the Company: We are a family owned and operated company that specializes in lawn mowing and snow removal.We serve many Dubuque businesses and homes, maintai�ing relationships by keeping promises and doing excellent work. _ Type of Organizatian(franchise,corporatinn, partnership, etc.): Soie proprietor _ Number of Years in Business: 33 � REFERENCES List three(3) customers who are current or have been served by your company within the last three(3)years with projects of similar scopes. (Name of firm, address,contact person, phone number). REFERENCE#1 Name: Hills and Dales AddfeSs: 1011 Davis Street, Dubuque IA 52003 Many addresses serviced Contact Person& Phone: sos-sa2-sa9s �8t0& �OSC�I ptl0fl Of�Ob: Weekly mowing and lawn maintenance.Full service snow removal in winter.All their tacilities and houses.Very high maintenence Contract Value: $95,000 Page 272 of 1000 REFERENCE#2 Name: Area Resldential Care AddreSs: 3355 Kennedv Circle, Dubuque IA 52003 Manv addresses serviced Contact Person &Phone: 563-564-5703 Todd Ellison �ate& �BSC(IPt10f1 Of)Ob: Weekly mowing and lawn maintenence.Full service snow removal in winter.All their facilities and houses.Very high maintenance Contract Value: $75,000 REFERENCE#3 Name: Fischer Companies Address: 290 Main St, Dubuque IA 52003 Multiple addresses serviced, residental and commercial Contact Person & Phone: 563-599-1466 Ron Helbing Date& Description of Job: Weekly lawn mowing and weed control on the Fischer properties downtown Contract Value: $�3,000 PERSONNEL Name and Title of Person Overseeing the City Account: Douglas James Reibling Office Phone: 563-557-6071 Mobile: 563-557-6071 Email: Collegelawn7@gmail.com Names,Titles, and Years of Experience of Persons Expected to Service the City Account: Randy Sylvester, Laborer, 22 years. Duane Coulson, Laborer, 12 years. Owen Reibling, Laborer, 4 years. Edward McMillan, Manager, 7 years. SAFETY RECORD Has your company received an OSHA violation in the past five(5)years? Yes x No If yes, please attach copies of the citations and an explanation of how they have been resolved. Page 273 of 1000 B!D PRICING SUBMiTTAL FORM The Contractor shall, at its sole cost and expense, provide, perform and complete in the manner described and specified in this Request for Bid all necessarywork,labor,services,transportation,equipment,materials, apparatus, information, data, freight and other items necessary to accomplish the Project as defined below, in accordance with the Scope of Work as described in Section 4.0. The Work will also include procuring and furnishing all approvals and authorizations, permits, and certificates and policies of insurance as specified herein necessary to complete the Project. , �I�� Please see the attached bid sheets. Bid sheets must be filled out in their entirety. CQiVTRACT R�NE__..W..AL OPTION� The City of Dubuque reserves the right to renew this contract for up to (2) two additional (2) year contract periods, if agreeable to both the City and the contractor at renewal time. Prices are to remain firm throughout each contract period. Renewal periods are further subject to approval by the City Manager. An Approved Signed Contract and Purchase Order Will be the Documents that Authnrize Work to Begin Name of Company: College Lawn Service&Snow Removal LLC Authorized Signature: � � Date: 4-�4-26 Page 274 of 1000 SIGNATURE PAGE FORM The undersigned, having examined these documents and having full knowledge of the condition under which the Work described herein must be performed, hereby proposes futfillment of the obligations contained herein in accordance with all insurance documents, instructions, terms, conditions, and specifications set fiorth; and that all required Work be furnished and that all incidental costs be paid in strict conformity with these documents, for the stated prices as payment in full. 5ubmitting Firm: College Lawn Service 8 Snow Removal LLC Address: 1087 Cedar Cross Rd Clty: Dubuque COUIIty: Dubuque State: �owa Zip: 52oos Authorized Representative (print): Edward nacnniiian Authorized Signature: '_:_�, i y�''rF;:._��L-, Dai2: 4-14-26 E-Mall: Collegelawn7Qgmail.com Phone#:563-557-6071 FIRM PRICING Offered pricing shall remain firm for a minimum of sixty(60)days after the due date of this solicitation unless indicated otherwise. Accepted pricing shall remain firm for the duration of the contract. ADDENDA(it is the Bidder's responsibility to check for issuance of any addenda) The above-signed hereby acknowledges receipt of the following addenda: Addenda Number: � Date: 4-8-26 Addenda Number: Date: Addenda Number: Date: Addenda Number: Date: PAYMENT METHOD Do you accept a credit card for payment of purchase? x Yes No QUICK PAY DISCOUNT If you provide a discount for quick payment, please state the discount and terms: % days Does this Discount Apply to Payments made�iy Visa? Yes No Page 275 of 1000 .�,� _..�...-�,.�..�...� . . . �.�. _��: _ - .�.�.,.�.,,,.,�...v..y-�-m_.��,..�,�.�.,..,. �--�r Bid Pricing Submittal Form GRASS MOWIN6 BID B Bld sheet must be fllled out In its entiro D�AATMENT S881GNEDTp FULLADDHESS LOCATION PRICE Parks Contractor W 32nd St 2nd St DatenBoa 6aaln 2 73280 Parks Contrastar 1545 S GRAN�VIEW AVE 6randviaw Roekdala 0 en S ace i,izo Patks Contractar 3425PENNSYLVANIAAVE NorthPork7ra11 �,s�suo Parka Gontractor 66�WILSON AVE Alfe East Htllto Park 2.eoo.ao Parka Contractor 830 KANE ST Elmwood Green Park �,i2o Parks Contractor 2035 HARPY EAGLE COUHT Ea le Vaile Park zsoo.ao Parks Contractar 2833 BURUNGTON ST Ga Park �z.�sa Parks Contractor 27Q1 BURDEN AVE Burden Park 4,096.48 PSrks Contraetor 2825 HILLGREST RD Hllicrest Park a,25s Parks Contraetor 655 UNNERSIIY AVE datterson Park 1 090.6 Parks Contrastor 2501 N GRANDVIEW AVE Pet Park 4,522 Parks Contractor 50D Avon St Avon Pa�k �,�20 Parks Contractor 625 CLEIfEI.AND AVE Clevaland Park Parks Contractor 1701 EARLDH FalkPark tas2 Parks Contractor 2350 HARVES7VIEW DR Narvast Vlew Park a,asa Parks Contraetor 1824 N MAIN ST Madlson Park Parka Contractor 3856 LUNAR OR Rlle Park �• 20 Parks Contraator 4900 GABRIELDR Tedtl Bear PaNc �Zei Parks Contractor 600 Coo er PI W811er Caa er Park 1,330 Parkinp Con[ractar 328 E tOTH ST Intermodai Hamp Including Elm St.bstween 9th and 1 7 2� 10th. Parkinp Cantractor 538 E.t2th St. 12th and Elm arkin lot �,taaao Parklnp Contractor 39012ihSt. Volv-CI arkinpiot +.�20 Water Mowing Area Contracto� 1983 S Blue Or. Rooseveit Water Tower s.2��ao Water Mowln Area Contractar 2690 Rhombe Ave. Weli B Pum Statlon i,�20 ... Water Mowin Area Contractar 2449 N Grandvlew Ave Bunker Nill Pum Statton i.i2o — Water Mowin Area Contractor 409 fia St Park Hill Tank �.+2a " , Water Mowing Area Cantractor 701 Mt Carmef Rd Mt Carmel Pum Statlon �.+20 � Water Mowing Area Contractar 3859 Central Ave 01 m Ic Hta Pum StaBon �,+20 .. WaterMowingArea Contractar 3361 Kenned Rd SoccerTank 2,9aa.sz Water Mowin Area Contractor 1902 Hawthorne St Eagle Polnt Water Ptant a.os2.55 WaterMowin Arsa Contractor 4134Penns vanlaAve Penn ivanlaTank 1.973J2 Water Mowin Area Contraetor 3036 Asbu Rd sbu Tank 1,452.36 Water Mowlnp Area Contractor 750 W 3rd St West 3rd Reservoly d,952 92 Water Mowin Area Cantractor 1515 W 3rd St College Tank �.izo Water Mowlnp Area ConVactor 8113 HWY61 r ort Pum Statlan#1 z.5ss.�5 Water Mowin Area Contractor 9699 Ro al Woad 0� 1lernon WaterTowsr z,aao.ea Water Mowin Area Cantractor 535 Stone Valfe Dr En Iish MIII Pum Staqon �,+20 Water Mowin Area Contraetor 10612Jet Center Dr Ai ort Pum StaUon i2 �.00sao WRRC Mowin Area Contractor Hawthorne St Detentton Basin Hawthame St Oetentlon Basin i,3ss.so WRRC Mowinp Area Contractor 3198 Arboretum Dr r0or Dr LIItStation i.�zo -.. WRRC Mowin Area Contraetor 2250 Radiord fld Asbu Flow Statfon i.i2o "� WRHC Mowing Area ContractOr 8898 Mar�o Dua Rd Catlish Uft Statton �.�20 '— WRRC Mowin Area Contractor 2989 Piaza Dr Plaza Dr i1 �.izo "" WHRCMowln Area Contractor 3216PIazaDr PlazaDr#2 �.�20 � WRHC Mowin Area Contractor 7951u11en Du6u ue Dr WHHC 1/2weeks 70,5A291 WRRC Mowtn Area Contractar 3402 Arrowwood Ln Arbor Estates Pum Staiian �.�2o WRRC Mowinp Area Contractor 717 Pe St Per St Lift 5tatlan i,�zo WRRC Mowinp Aroa Contraetot moth Dr win Nid e La oons-Monthl s522o WRRCMowin Area Contractor Fimoth Dr Pedmeter TwlnRid ela oonst/2weeka zaas.5 WRRC Mowinp Area Contractor RusNc Point Estate Phase 1-Derby Granpe Rustic Point DetenUon Basin 1,g68.40 En Ineedng Contraetor Danitn Ct Danlin Ct Detention Basin 1/2 Weeks �o3�.no Enpinesdng Contractor Nodhwsst Arteflaf Detentlon Sasin Northwest Artedai DetenUon Basl�-Month Enp�needn Contractar Hlblscus Detentlon Basin Hl6iscus Oetentlon 8aain 1/2 Weeks 598.5 En Ineedn Contractor indlana Gourt Detentlon 8asln Indlana Court Detendon Basin 1/2 Weeks 5so En Inee�in Cantractor Lobo Court Detentlon Basin LoboCourt Detentlan Basin 1/2 Weeks sso Enplttaedng Cantractor anzanite Detention Basln Tanzaofte Detention Baaln 1/2 Weeks 5eo En Ineedng Contractor Westbrook Sub-Phase 1-C Westbrook 5ub-Monthl sos.s En ineerin Contractor Westbroak5ub-Phase2•U WestbrookSub-Monthl 2� En Ineerin Contractar Westbrook Sub-Phase 2-P Westbrook Su6-Monthl 2eo En Inesdn Contractar Co erfleid accesa oft Bonson Rd Go erlleld•Month 372 55 En ineerin Contractor 1947 Graen St. 19A7 Green St. ��120 Parks Contrator Ker er Blvd Ker er Bivd Parkwa s.s�o Patks Contrator Southern Park 200 Southern Ave Southem Park 3,450 Parks Conirato� FlatlronPark b/wxonesandMalnSt FIa2lronPark �,1zo Parks Conhator VAIa 5treet Wali 11a Street Wall i.�2o GrendTotal iaa.seazs p Page 276 of 1000 Dubuque City of Dubuque THE CITY OF Parks& Recreation ��on Department DT TR � ��I I�► 2200 Bunker Hill Rd. �'� �J (address) 2007•2012•2013 Mrrsterpiece o�T tl�e Mississrppi 2017+2019 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 Kluesner Construction, Inc (Contractor) at (Contractor Name) 1007 1st Ave. NW PO Box 355, Farley, IA. 52046 (Contractor's Address- City and State) PROJECT TITLE: Bunker Hill Cart Path 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 repairs to the cart path next to clubhouse The work described above shall be completed at the following location(s): Bunker Hill Golf Course,2200 Bunker Hill Rd. The Project shall be constructed to the meet the requirements as described in this Contract; in strict accordance with the requirements of the laws of the State of lowa and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following where applicable: Page 277 of 1000 Documents listed in bold should be a#tached to this ducument upon submissian. • Request for Bid or procurement documentation; • This Contract; • All ordinances and resolutions heretofore adopted by the City Council having to do with the Projecfi; • The Contractor's Bid or procurement documentation; • Consent Decree Certification Form, if applicable {Exhibit A); • Bond Form, if applicahEe (Exhibit B}; • Plans and Specifications; • SUDAS Standard Specifcations (Current Edition} including but not limited to Division 1: General Pravisions and Covenants and the City of Dubuque Supplemental Specifications— Di�ision 1 (Current Edition); • Generaf Requirements as adopted by the City Council for the Project; • Insurance Schedule F (Exhibit C); and • Other Is the project over$25,OOOAO? ❑ Yss 0 Na !f yes, Bond Form is required, see Exhibit B. 3. All materiafs used by the Contract�r in the Project shali be the best of their severaf kinds and shall be put in place to the satisfactian af the City Manager. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, ar any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the Cify Manager at the cost and expense of the Contractor. 5. Three (3%) of the Confiracfi price may be retained by the City for a period of thirty(30) days after fina! completion and acceptance of the Praject by the City Manager to pay any cfaim that may be filed within said time for labor and materials dane and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that #ime, as pra�icled in lawa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it far damages #o persons or property arising thraugh fhe prosecutian of the work and such sums shall be held by the City until such claims have been setfiled, adjudicated or otherwise disposed of. - 6. The Contracfior has read and understands#he 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 goad any other defect in any part of the Project due to improper construction ar material performance notwifhstanding 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 campensation for the complete performance of this contract. Page 278 of 1000 8. The Contractar shall fully complefe the Projecfi under this Contrac# on or befare June 30,2Q26 (DATE) 9. lndemnification from Third Party Claims; Liability far City Damage. A. To the fu{lest extent permitted by iaw, Contractor shaEl 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 af#he parties t� this Contract, including but not limited to attorneys' fees, arising out of or resulting fram performance of this Contract, provided that such claim, damages, loss or expense is attributable ta bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting therefrom, but anly to the extent caused in whale or in part by negligent acts ar omissians of Contractor, or anyone directly ar indirectly employed by Contractor or anyone for whose acts Cantractor 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 ta City property arising aut o'F or related to the Contractor's negligent performance of the Cantract. 10. Prior ta the commencement af any wark on the Project and at all times during the performance of this Contract, the Contractor shall provide evidence of insurance W�}fCll meets the requirements of#he City's lnsurance Schedule F attached ta this Contract as Exhibit C. 91. Permits and Licenses. Contractor further represents and warrants that Contractor will obtain all necessary business permits and licenses that may be required to carry vut the obligations pursuant to this Contract, including any permits and licenses that might be required by the state or lacality in which Contractor performs fihe Services, and Cantractor agrees to maintain, at Corttractar's sole expense, such required permits and licenses#or the duration of the term(s) o# this Contract. 12. Legal Compliance. Confiractor is responsible for compfiance with ali applicable laws, stafiutes, rules, reguEations, and ordinances which may apply to the performance of Contractar's obligations under this Contract, incfuding but not limi#ed to the laws outlined in Exhibit , and hereby represents and warrants that. Cantractor is in compliance with the same as of the Closing/Effective Date and further represents #hat during the Term Contractor will remain in compfiance. Contractor shafl require all contractors and subcontractors providing services under this Contract shafl also certify compliance with this Section. When Applicable: Contractor further represents and warranfis that Contractor has obfained 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 mighfi be required by the state or iocality in which Contractor perfflrms the Services, and Cantractar agrees to maintain, at Contractor's sole expense, such required permits and licenses far fihe durations of the term(s) of this Contract. 13. The City may terrninate this Contrac# with or wi#hout cause upon fourtesn (14) days' written notice delivered to the Contractor. � Page 279 of 1000 14. This Cantract shall be governed by the laws of the Sta#e of lowa and exclusive jurisdiction and venue for any actian arising out of or related ta this Contract shall be the lowa District Cour#for Dubuque County 95. The City is exempt from federal excise tax and lnwa sales tax. 16. In the event any article, service, or process sold, delivered and/or perFarmed hereunder is covered by any patent, capyright, ar application for either, the Coritractor will indemnify and save harmless the City from any and ail loss, cost,or expenses on accaunfi of any and all claims, suits, or judgmenfis on accounfi of the use ar sale of such article or the use of such service or process in violatian af any patent, copyright, or applicatian. 17. The Contractor agrees nat 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 #he Contractor in accordance with all regulatiflns. 19. The fierms and conditions of sale as stated in this order govern in #he 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 fihe Contractor or by and terms stated in the Cantractor'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 compfete certain capital improvemenfis pursuant to an established schedule and to comply with certain capital improvements pursuant to an established schedule and fio comply with certain reporting and recordkeeping requirements. One of the terms of the Consent Order Es for the City to advise contractors whose duties might reasonably include compliance with any provision af the Consent Decree with a copy of ths 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 W�RK FOR THE CiTY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANiTARY SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTlON � ARE APPLICABLE. � THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE ClTY OF DUBUQUE RELATED TO THE WATER & RESOURCE REC4VERY CENTER OR THE SANITARY SEWER COLLECTI4N SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTlON ARE NOT APPL.ICABLE. Page 280 of 1000 THE CITY AGREES: The City agrees to pay the Vendor for the work actualfy performed under this Contract, up to the amount sfated below, less any agreed damages provided for in the Contract Dacuments. CONTRACT AM4UNT: $ 4,125 CITY OF DUBUQUE, IOWA CONTRACTOR: gy. �� i��i�i'_ e 05/20/2026 Kluesner ruction �� Date Co a ame ..�,--�"��-��_- BY� '"'�� 5/8/2026 gna re Date Craig Kluesner Printed Narne President Title Page 281 of 1000 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.citvofdubuque.orq/DocumentCenter/HomeNiew/3173. A paper copy is available upon request from the City of Dubuque Engineering Department. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five years after the termination of the Consent Decree, the City shall retain, and shall instruct its contractors and agents to preserve, all non-identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information-retention requirement shall apply regardless of any contrary City, corporate or institutional policies or procedures. At any time during this information-retention period, upon request by the United States or the State, the City shall provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information-retention period, the City shall notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City shall deliver any such documents, records, or other information to the EPA or IDNR. Page 282 of 1000 Certifica#ion by Contractor or Consultant The undersigned, on behalf af the Cantractor or Consultant, with full authority to act on behalf of the Contractor or Consultant, certifies to the City of Dubuque as foilows: 1. I have received a copy of the Consent Decree in the case of The Unified 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 20Q8V00041, DOJ Case Number 90-5-1-1-09339, Uni#ed States Districfi Caur# for the Northern District of lawa. 2. All work performed will be in conformity witr�the provisions of the Consent Decree. 3. Ali docurnents, reports, data, records, or ather information {including documents, records, or other information in electronic forrn)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, refating to or arising out of the Contractor's or Cansultant's failure to comply with the Consent Decree. Contractor or Consul#ant: ay: its: Date: Return siqned copv to: Engineering Department 50 W. 13th Street Dubuque IA 52001 Page 283 of 1000 EXHIBIT B PERFORIVIANCE, 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 persans 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 o#fihe abave obligations are such that whereas said Contractor entered into a contract with the Owner, bearing dafie 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 perFarm all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike rnanner, 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 undersfiood 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, perforrn,fulfill, and abide by each and every cavenant, condition,and part of said Contract and Contract Dacuments, by reference made a part hereaf, for the project, and shall indemnify and save harrnless the 4wner 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 fio 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 a!I just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labar in the perFormance of th� Contract on account of which this Bond is given, inclucling but nofi limited to claims for all amaunts due for labor, materials, lubrican#s, 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 campfetian of the improvement, but the Contractor and Surety shall nofi be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price - shall have been established as provided by law. 7he 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 284 of 1000 is made a part hereof as though'Fuliy set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and alf defects that may develop in or result from work to be performed under fihe Contract Dacumen#s within the period of two (2}year{s)from the date of accepfiance of the work under the Contract, by reason of defects in workmanship,equipment installed, or materiafs used in construction of said work; B. To keep afl work in continuous good repair; and C. To pay the Owner's reasanable costs af monitoring and inspection to assure that any defects are remedied, and to repay the�wner 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 5urety's Contract herein made extends fio defects in workmanship or materials nofi 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 nofwithstanding, to the following provisions: A. To cansent without notice to any extension of tirrte authorized in approved change orders to the Contractor in which to perform the Contract; B. To consent without notice ta 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#he aggregate, invalve an increase of more than twenty percent{20%) of the totaf contract price, and that this Bond shall fhen 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 extensian thereof, or within a periad of time after the contract period has elapsed and the agreed damage penaity 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 an this Bond. E. That as used h�rein, 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 averhead where applicable. Accordingly, "all outlay and expense"would include but not be lirnited ta all contract or employee expense, all equipment usage or rental, materials,testing,outside experts, attorney's fees(including averhead expenses of the Owner's staff attorneys), and all costs and expenses of litigation as fihey are incurred by the Owner. It is intended the Contractor and Surety wilf defend and indemnify the Owner on all claims made against the Owner on account af Contractor's#ailure to perForm as required in the Contract and � Contract Documents, that all agreements and promises set forth in the Confiract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and fihat the Owner Page 285 of 1000 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 svent 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, #he 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 ane 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 thafi 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 ar to collect the monetary obligation incurring to the benefit af the Owner,the Contractor and #he Surety agree,jointly, and severally, to pay the Owner all outlay and expense incurred therefar 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, pawers, and remedies gi�en to the Owner, by law. The Uwner may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such actian(s) or not. N�W THEREFORE, the condition of this obligation is such that if said Principal shall faithfuffy perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this Band, then this obligation shall be null and void, otherwise it shall r�main in full farce and effect. When a work, term, or phrase is usec! in this Bond, it shall be interpreted or construed first as defined in this Bond, the Cantract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or cans#rued as defined in applicable provisions of the lowa Code; third, if nat 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 consfirued accarding to its common or customary usage. Failure to specify or particularize shal!not exclude terms or provisians not mentioned and shall nat limit liability hereunder. The Cantract and Contract Dacuments are hereby made a part of fihis Bond. Project No. Witness our hands, this day of , 20,�; SURETY COUNTERSIGNED BY: PRINCIPAL: Signature of Agent Confiractor By: Printed Name o#Agent Signature Company Address Printed Name City, State, Zip Code Title Company Telephone Number FORM APPROVED BY: Page 286 of 1000 Representative for Owner SURETY: Surety Company By: Signature Attorney-in-Fact Officer Printed Narne of Attorney-in-Fact O�cer Company Name Company Address City, State, Zip Code Company Telephone Number Page 287 of 1000 NOTE: 1. All signatures an this performance, payment, and rnaintenance 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/�fficer entered on this Bond musfi be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. Page 288 of 1000 EXHIBIT C INSURANCE SCHEDULE F Class A: Asbestas Removal Fiber Optics Sanitary Sewers Asphalt Paving Fire Protection Sheet Metal Concrete Fireproofing Site Utilities Construction Managers General Contractors Shoring Cranes HVAC Special construction Cul�erts Mechanical SteeE Decking Paving &Surfacing Starm sewers Demolition Piles& Caissons Structural Steel Deconstruction Plumbing Trails _ Earthwork Retaining Walls Tunneling Electrical Reinforcement Water main Elevafiors Roofing Class B: Chemical Spraying Masonry Rough Carpentry Doors, Windaw& Vehicular Snow Stump Grinding Glazing Removal Tank Coafiing Drywall Systems PaintEng &Wall Tree Removal Fer�ilizer Appfication Covering Tree Trimming Geotech Boring Pest Controf Tuckpointing Insulation Scaffolding Waterproofing Finish Carpentry Sidewalks Well Drilling Landscaping Plastering Class C: ' Carpet Cleaning Carpet& Resilient Ffooring Caulking & Sealants Acoustical Ceiling Filter Cleaning General Cleaning Grass Cutting Janitoria! - Non Vehicular Snow& Ice Rernoval �ffice Furnishings Power Washing � Tile& Terrazzo Floaring Window Washing Page 289 of 1000 INSURANCE SCHEDULE F (continued) 1. Contractor shall furnish a signed certificate of insurance to the department respansible for the contracf far the coverage required in Exhibit ! priar 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 af 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 pravided Eg: Projec## Project name: ar 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 shalf be furnished to the Department of the City of Dubuque. 4. Faifure 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 afl subcontractors and sub-subcontractors to obtain and rnain#ain during the performance of work insurance for the coverages described in this Insurance Schedule and shall abtain certificates of insurance from all such subcontractors and sub-subconfiractors. Contractor agrees that it shall be liable for the failure of a subcantractor and sub-subcontracfior to obfiain and maintain such coverage. The City may request a copy of such certi€icates from the Contractar. 6. All required endorsements shal! be attached to the certificate. The certificate is due before the contract/agreement can be appraved. 7. Whenever an ISO form is referenced the current edition must be provided. 8. Contractor shall be required ta carry the minimum coverage/lirnit, or greater if required by law ar other legal agreerner�t, in Exhibit I- Insurance Schedule F. If the contractor's lirnits 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 cast associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phane 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 righfi to modify fihese 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 290 of 1000 INSURANCE SCHEDULE F (continued} EXHIBIT I A) COMNlERCIAL GENERAI. L,IABILITY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit$2,000,000 Persona! 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 shalf be written in accord with ISO form CG 00 01 or business owners form BP d0 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) Generai 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) fnclude 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 ifs employees, agents, and �olunteers, all its boards, commissions and/ar authorities and their board members, emplayees, agents, and volunteers. Use IS�form CG 20 10 (Ongoing operafions}. 6) The additional insured endorsement shall include completed operations under ISO form CG 20 37 during the project term and for a period of fiwo years after the completion of the project. 7} Palicy shall include Waiver af Right to Recover from Others endorsement. 8} Policy shall include cancellation and material change endorsement providing thirty (30} days advance written notice af cancellation, non-renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be senf 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 additiona! insured endorsernent must name the City of Dubuque with respect ta aircraft liability caverage. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as - prescribed by Iowa Code Chapter 85. Coverage A Statutory—Sfiafie of lowa Coverage B Employers Liability Each Accident $100,000 Each Employee-Disease $100,000 Policy Limit-Disease $500,000 Policy shail include Waiver of Right to Recover from Others endorsement. Page 291 of 1000 Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by lowa Cade Section 85.1A, the Contractor is not required to purchase Warkers' Compensafiion Insurance, the Contractor shall have a copy of the State's Nonelectian of Workers' Compensation or Employers' Liability Coverage form on file with the lowa Workers' Compensation Insurance Commissianer, as required by lowa Code Section 87.22. Completed forrn must be attached. C} AUTOMOBILE LIABILITY Cornbined Single Limit $1,000,000 Coverage shall include al{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 frorn Others endorsement. D) UMBRELLA/EXCESS LIABILITY The General Liability, Autarnobile Liabifity and Employer's Liabilifiy Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If fhe Umb�ella or Excess fnsurance 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 ta Waiver of Subrogation and Primary and Non-contributory in favor of the City. All Class A contractors with contract values in excess of$10,000,000 must have umbrellalexcess liability coverage of$10,000,000. All Class A and Class B contracfiors with cantract values between $500,000 and $10,000,000 must have umbrella/excess liability caverage of$3,000,000. AI! Class A and B contractors with contracfi values less than $500,000 must have umbrella/excess liability coverage of$1,OQ�,000. AIE Class C contractors are not required to have umbrella/excess liability coverage. All contractors performing earth work must have a minimum af$3,OOO,p00 umbrella regardless of the contract value. E) POLLUTION LIABILITY Coverage required: _Yes _No Pollutian liability coverage shall be required if project involves any pollution exposure for hazardous or contaminated rnaterials including, but not limited to, the removal af lead, asbestos, or PCB's. Pollufiion product and complete operations coverage shall also be covered. Each Occurrence $2,00O,OOQ Page 292 of 1000 Palicy Aggregate $4,OOO,oaa 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, al! its employees, agents, and volunteers, all its boards, commissions anc#lor authorities and their board members, employees and volunteers. Use ISO form CG 2010. (Ongaing operations) or its equivalent and CG 20 37 (completed operations) or its equivaient. 3) Include Preservation of Governmental lmmunities Endorsement. 4) Provide evidence af 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 ta recovery from others endorsement. 7} Pollution liability shafl include ISP endorsement CA 99 48. Pollution Liability-Broadened Coverage for Covered Autos, or equivalent endorsement if the cantractor has vehicles that transport fuel onto the�wner's property. F} RAILROAD PROTECTIVE LIABILITY Coverage required: _Yes _No Any contract for construction or dernolition work on or within fifty feet(50')from the edge of the tracks af a railroad and affecting any railroad bridge, trestle, tracks, roadbeds, tunnel, underpass, ar crossing, for which an easement, license or indemnification of the railroad is required, shall require evidence of the following additional caverages. Railroad Protective Liabilify: $ each occurrence(per limits required by Railroad) $ policy aggregate(per lirnits required by Railroad) AND An endorsement to the Commercial General Liability policy equal to ISO CG 24 17 (Confiractual Liability-Railroads). A capy of this endorsement shall be attached to the certificate af insurance. Page 293 of 1000 lowa Code Chapter 670, L.iability of Governmental Subdivisions, provides cifies with cerfain immunities which rnay be available to you. Narning the City of Dubuque as an additiona! insured an your insurance as is requested by this Insurance Schedule may result in yaur waiver of those imrnunities. If you would like to presenre those immunities, please use this endorsement or an equivalent farm. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL iMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunitv. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, lawa as an Additional Insured does not waive any of fihe defenses of gavernmental immunity available to the City of Dubuque, lowa under Code of lowa Section 670.4 as ifi now exists and as it may be amended firom time ta time. 2. Clairns Caveraqe. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governrnental immunity under the Code of lawa Section 670.4 as it now exists and as it may be arnended frorn time ta time. Those claims not subject#o Code of lowa Section 67�.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Governmenf Irnmunitv. The City of Dubuque, lawa shall be responsible for asserting any defense of go�ernmental immunity and may do so at any time and shalE do so upon the timely writfien request of the insurer. 4. Non-Denial of Coveraae. The insurer shall not deny caverage under this policy and the insurer shalf not deny any of the rights and benefits accruing ta the City of Dubuque, lowa under this policy for reasans of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the cfefense{s) of governmental immunity asserted by the City of Dubuque, lowa. No Other Chanqe in f'olic�The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. Page 294 of 1000 EXHIBIT D LEGAL COMPLiANCE a} Title VI of the Ciwil Rights Acfi of 1964 (42 U.S.C. § 200ad et seq., 78 stafi. 252}, (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; b) The Uniform Relocation Assistance and Real Praperty Acquisitian 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 CF'R Part 27; e) The Age Discriminafiion Act of 1975, as amended, (42 U.S.C. § 6101 et seq), (prohibits discrimination on the basis of age); f} Airpart and Airway Improvement Act af 1982, (49 U.S.C. §471, Sectian 47123), as amended, (prohibits discriminatian based an race, creed, colar, natianal origin, or sex}; g) The Civil Rights Restoration Act of 1987, (PL 100-209); (broadened the scope, caverage and applicabilifiy of Ti#le VI of the Civil Rights Act of 1964 to include fihafi entities tha# receive federal#unding must comply with ci�il rights legislatian, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Section 504 of the Rehabilita#ian Acfi of 1973, in all operations, not just in the program ar activity receiving federal funding}; h) Titles ll and III of the Americans with Disabilities Act, which prohibit discriminati�n on the basis of disability in the operation of public entities, pubfic and pri�ate transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189} as implemented by Department of Transportatian 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 an the basis of race, color, national origin, and sex); j) Section 1557af the Affordable Care Act (prohibits discriminatian 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 af sex in education programs or activities); I} Drug Abuse Office and Treatment Acfi 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, efi seq.). Page 295 of 1000 THE CITY OF DTT City of Dubuque V B E Dept: Parks & Recreation Master��iece ori tlie Mississippi 50 W. 13t" Street 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 563 Design (Vendor) at (Vendor Name) 1268 Locust St., Dubuque, lowa 52001 (Vendor Address - City and State) PROJECT TITLE: Five Flags Theater Assessment and Preliminary Design (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: Provide Architectural Services for the investigation, research and documentation of certain aspects of existing conditions of the Five Flag Theater with recommended solutions/corrections and associated cost opinions. Evaluation of the existing auditorium performance systems The work described above shall be completed at the following location(s): Five Flags Theater 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 Page 296 of 1000 2. Contract Documents shall mean and include the following where applicable: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • Insurance Schedule G for Vendors (Exhibit B) or Insurance Schedule J for Professional Services (Exhibit C). Check Appropriate Box ❑ Insurance Schedule G — Vendors � Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 6. The Vendor shall fully complete the Project under this Contract on or before September 19, 2026 (DATE) 7. Indemnification; Liability for City Damage A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys'fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Page 2 of 14 Page 297 of 1000 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 $ 28,000 CITY OF DUBUQUE, IOWA VENDOR: By: 05/20/2026 563 Design ichael C. Van Milligen Date Company Name City Manager B�/: Andrew McCready °�"�°`�'"°""°"'°�'�""`"°� o5n8//2o26 Signature Date Andrew McCready Printed Name President Title Page 3 of 14 Page 298 of 1000 VENDOR ACKNOWLEDGEMENT OF ATTACHED SPECIAL CONDITIONS: B�/; Andrew McCready ` °°""�'°""""°°,",°�"°"`"""�" 05/�8/zo26 Signature Date Andrew McCready Printed Name President Title Page 4 of 14 Page 299 of 1000 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 14 Page 300 of 1000 10.The vendor agrees not to release any advertising copy mentioning the City of Dubuque or quoting the opinion of any City of Dubuque employee without the prior written authorization from the City of Dubuque. 11.The vendor represents and warrants that no federal or state statute or regulation, or local municipal ordinance has been or will be violated in the manufacturing, sale and delivery hereunder. If such violation has or does occur, the vendor will indemnify and save harmless the City of Dubuque from all loss, penalties, or payment of all sums of money on account of such violation. 12.The City of Dubuque may at any time insist upon strict compliance with these terms and conditions notwithstanding any previous custom, practice, or course of dealing to the contrary. 13.The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of the vendor's proposal, and are not subject to change by reason of any written or verbal statements by the vendor or by any terms stated in the vendor's acknowledgement unless same be accepted in writing by the City of Dubuque. 14.Current Safety Data Sheets (SDS), when applicable to the order, must be provided by the vendor in accordance with all regulations. Page 6 of 14 Page 301 of 1000 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 Page 302 of 1000 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 8 of 14 Page 303 of 1000 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 Page 304 of 1000 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 Page 305 of 1000 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 306 of 1000 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 307 of 1000 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 308 of 1000 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 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. (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 14 of 14 Page 309 of 1000 Dubuque Clty Of DubUqUe 'rHE C1TY oF �� t� Parks and Recreation �,.,o,„ Department DT T T7 � �I I I�.i 2200 Bunker Hill Rd U t� (address) Masterpiece on the Mississippi ioii+ioi9 Dubuque, IA 52001 PhOng# 563-589�263 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 River City Paving (Contractor)at (Contractor Name) PO Sox 1430 Dubuque,IA 52004 (Contractor's Address- City and State) PROJECT TITLE: Valentine Park Walk Path (Projecfi) 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: A 21/2 Inch HMA overlay of approximately 500 feet of pathway at Valentine Park per the attached quote. The work described above shall be completed at the following location(s): Valentine Park-860 Valentine Drive 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 310 of 1000 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 proje�t 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 Iowa Code Chapter 573.The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Contract and the project description described in Section 1 and the Contract Documents outlined in Section 2 and agrees not to plead misunderstanding or deception. One Year 7. The Contractor shall guarantee for a period of�we-�ea�•and make good any other defect in any part of the Project due to improper construction or material pertormance 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 311 of 1000 8. The Contractor shall fully complete the Project under this Contracfi on or before June 1,2026 (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, , . � B. The:Contractor shall also be liable to the City for any damage to City properky 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 localsty 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 contractoirs 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. ; _\ ��.;t�,;;,,i�i pay�o co�}t��ro� ` For all work performed up to he date oftermination. Page 312 of 1000 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 Iowa 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 I 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 govem 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 Depa�tment 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 8� 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 8� RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. Page 313 of 1000 THE CITY AGREES: The City agrees to pay the Vendor for the work actually performed under this Contract, up to the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT: $ �2,�50.00 CITY OF DUBUQUE, IOWA CONTRACTOR: By: � 0 / 0/ 0 6 *✓'�� .v�� i'1/� o�t`� Da e Com an Nam G�`� t p y gy: _ "Z�ZIv Si na ure Date �� a��c��C Printed N me V � Title Page 314 of 1000 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 8�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 8�Sealants Acoustical Ceiling Filter Cleaning General Cleaning Grass Cutting Janitorial Non Vehicular Snow& Ice Removal Office Furnishings Power Washing Tile 8�Terraao Flooring Window Washing Page 315 of 1000 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 va�er,t��e Park 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 Pa�cs�Rec 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 Ci$y may request a copy of such certificates frorn 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 ta carry the minimum coverage/limit, or greater if required by law or other legal agreemerrt, 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 316 of 1000 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 C�nstruction 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 volun#eers, 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,�00 Policy Limit-Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Page 317 of 1000 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 sha11 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 fiability 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 co�erage 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 318 of 1000 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 fo�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 319 of 1000 lowa Code Chapter 670, Liability of Gove�nmental Subdivisions, provides cities with ce�tain 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. PRESERVATfON OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Govemmental 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 shalk cover�nly 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 govemmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non-Deniat 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 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 Policv. The above preservation of governmental immunities shall not otherwise change or after the coverage available under the policy. Page 320 of 1000 � 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 freatment of pe�sons 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 Ai►way Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, cofor, national origin, or sex); g) The Civil Rights Restoration Act of 1987, (PL 100-209); (broadened the scope, coverage and applicability of Titfe 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 af 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 321 of 1000 ITY �° &°X �4�° RIVER C Dubt�que, I/� 52a44 PAV I N G ��$, 5��_��3 www.r��ercity-p�v�ng.corr� AOITISIONOFAf�LHYC�TBIIC[1dt0.+lAleWI1�Yl ��;� i,;��1�.��1rr��.fi-}��h�li;/:'�fN+s To: �ty Of Dubuque-Parks Department Contact: Brian Odefey Address: Kerper Ct Phone: Dubuque,IA 520U1 Fax: Project Name: VALENTINE PARK WALK PATH Bid Number: ]S8 25-237 Project Lacation: Valentine Park,Dubuque,L4 Bid Date: 7/11/2025 Attachments: Terms and Conditions(1),pdf Item Descri tion Estimated uanti Unit Total Price 2-1/2.INCH HMA OVERLAY Mill Headers In Existing Walk Path For Smaoth Transition. 1.00 LS $12,750.00 Clean And Apply Tack Oil To Existing Treil. Pave A 1 Inch Leveling Course With Hot Mix Psphalk Pave Surface With Hot Mix Asphalt Compacted To An Average Thickness Of 1-1/2 Inches,For A Total Of 2-1/2 Inches Of New Asphalt (Approx.584 Sl� Notes: • A signed contrect is required prior to the start of work. • This proposal shall be included in contract Progress payments shall be invoiced and paid monthly. • Fnal price will be determined by Unit(s)Used&Unit Price(s)1lsted above. • After signing,please retain one copy and forward a copy to our office on or before the cancellatlon date. • This praposal shall be automatically cancelled if written acceptance has not been received by Contractor with in 30 days of the Proposal Date and/or at any time befnre perfortnance of the work hereunder upon CONTRACTOR'S determination that there is inadequate assurance of payment. • Tack coat and sweeping between asphalt I'rfts is included as needed. • Not responsible for damage to any concrete and/or asphalt that equipment is required to cross to access work area. • Not responsible for reflective cracking through overlaid pavement. • Customer shall be responsible for bacl�illing asphalt edges as desired. Lawn restoretion not included. • Owner is responsible for weed control application. Payment Terms: Payment is due upon receipt of invoice. By my signature herein I authorize CONTRACTOR to review personal OR business Credit Reports to evaluate financial readiness to pay amounts set forth in this Proposal/Contract. ACCEPTED: CONFIRMED: The above prices,specifications and conditions are satisfactory River City and hereby accepted. Buyer: �� j:�LGNfW Signature: Authorized Signature: Date of Acceptance: Estimator: Jay Blake 563-587-95Z2 iay.blake@riverc'ity-paving.com 7/il/2025 3:46:09 PM Page 1 of 1 Page 322 of 1000 TERMS AND CONDITIONS NOTICE OF LIEN RIGHTS AS REQUIRED BYTHE WISCONSIN CONSTRUCTION LIEN LAWS,CONTR/1CTOR HEREBY NOTIFIES OWNER hIAT PERSONS OR COMPANIES FURNISHWG LABOR OR MATERIALS FOR THE CONSTRUCTION ON OWNER'S LAN�MAY HAVE LIEN RIGHTS ON OWNER'S LANO AND BUIL�ING IF NOT PAID.THOSE ENTRLED TO LIEN RIGHTS,IN ADDRION T07HE UNDERSIGNED CONTRACTOR,ARE TH0.5E WHO CONTR4CT DIRECTLY W RH THE OWNER OR TH0.5E WH0 GNE THE OW NER NOTICE W ITHIN SIXTY(60)DAYS AFIER THEY FIRST FURNISH LABOR OR MATERIALS FOR iHE CONSTRUCTION.ACCORDINGLY,OW NER PROBABLY W ILL RECENE NOTICES FROM THOSE WHO FURNISH LABOR OR MATERUILS FOR THE CONSTRUCTION,AND SHOULD GIVE A COPY OF EACH NOTICE RECENED TO THE MORTGAGE LENDER,IF ANY.CONlRACTOR AGREES TO COOPERATE W IT7-I THE OWNER AN�hIE OW NER'S LENDER,IF ANY. TO SEE THAT ALL POTENTUIL LIEN CWMS ARE OULY PAID, ACCEPTANCE OF WORK All labor and materlal Is concluslvely accepted av satlsfac[ory unless axcep[ed to In wriling wlUdn seven(7)days af performance. EXTRA WORK PJI allerallons or devletlons Gam any of the krtns of tl�is cantract shell be In writfng and ezewled by Ihe partles here[o.My eztra cost involved Ihereln wiil bewme an exlra chargo to be paid by PURCHASER over and above the contract prlce. PURCHA5ER'S RESPONSIBILITIES PURCHASER acknowledges and understands tliat it shall be responslble for ablelning any and all permlLq whlch may be requlred in wnnectlon wlth performance of Ihls ProposallContracC W here applkable,PURCHASER ahall alao be reaponclble for beckfilfing areas lhet borderabng tha newty paved surfaca wllh appropriate meterial to eAminale potentlel cracking and uneven surfece at the edge of Ihe paved surface end far Inslalling,raplecing,maln�lning and repairing shoulders.PURCHASER assumsa aA Ifehlllty for any damages dane to underground utllitlas and/or sWclures unless CONTRACTOR has been nollfied,upon acceplence af thls Propoeel,as lo Iha specfic localbn and deplh of any such buried utNity/strueWres, Unless exemp�In accepling Ihle ProposeVConUec[,PURCHASER ecknowleclges thal•it shall campy wllh the requlrements of all applkable iederel,state,and bcsl empbyment laws,ezecuUVe orders, codes and regulalbns(the'RequlremenW'�effective where the work andlor services are heing parfortned Including,but nat IlmHed W,41 CFR§§BO-1.4(a)(i){B),BD-1.4(b),80-1.4(c)or tl�eir sucwswrs eBective where Ihla ProposeVContract is pertortned.To the exl�nl requlred by lew,all provlsfons of tl�e Requlremen�are hereby fncorporated into and mede a part oF tl�is Agreement and any applfwble agreemen[s af CON7RACTOR To U�e extenlappflcable,lhe RequlremenLs Include,but are nat Ilmlted[o,(�)prohlbltlon of dlscrlminalion because of prolec[ed veteran slaWs,d'rseblAry,race,color,rellgion, sex,sezual orienlation,gender identity,nationel orlgln and becauae oF inqulry or dlscuaebn about or dlscbsure of compensatlon,(2)effirmetive actlon W empby antl advance in empbymentindivltluala wlthout regard lo rece,sex,dlsablllly,or protected vela2n slehrs,(3)compllence wilh Ihe Empbyee Nollce clause conlained in 29 C.F.R.peA 477,Append�C A to Subpart A or im wccessors,(4) complknce vAfh the EEO-1 and VETS-4212 reports fiing requlrements in 41 C.F.R§§60-1.7 and 41 C.F.R§67-3�0.10,ar Iheir successors,(5)compllertce wRh paychedc transparency obligaUans af 4B C.F R.§22.2005,Including the con6sd dause Found at4B C.F.R.§52.222-80,which Is Incorpareted hy rafersnce aa if fully set forth hereln,(6)othar aflirmelive actlon In empbymenl,(7)requlredlcertified payrolLs,(9)soGal sscurlty acls,(9)unemploymen[compensaUan acts,(70)workers compensatbn ac1s,(11)equal empbymen[opportunity ads and(12)Ihe requlrad contract provlsbne for FederaEAld ConoWcllon Contrecfs,Fortn FHWA-1273,iFappllceble_ When appllcahle,PURCHASER and CONiRACTOR shall abide by the requlrements of 41 CFR 60-3U0.5(a).This tegulatlon Drohlbke dlscriminatlan against quallfled protected veterans,and requlres afflrmative actlon by covered prlme contractors and suhcontractors to employ and advance In employment quallfied protected veterans.YVhen applleable,PURCHASER and CONTRACTOR shall ablde by fhe requiremente of41 CFR 60 741.5(a).7hle regulatlon prohtblts dlecrlm(natlon agalnet quallNed Indlvlduals on the basls of QI�e6111ty,and requlres aftlrmaUva acdon covared hy prlme contractors and suhcon�ractors to employ and advance In employment quallfied IndNlduals wlth dlsa611kles. INCLEMENT WEATHER Inclementweather may alter the mmplelbn oFtl�e vrork to be fumished hereunder.Furthartnora,speclal conslderatlon should he given If work hs to he partormed heloie May 1 ar aftar Odober 151n Ilght of less Ihen des"irable wealher condttlons which could potenllally Impair Ihe quality of lhe work performed hereunder. WARRANTY All materlal Is guaran[eed to be as specified end all work is to be completed fn a worlcmanllke manner according to sfendard practices.AII labor and rnateriels will ba gueranteed egainst deFed for one(1 J year from dale of Inslalmtlon.Due to Wlxansln wlnters and ezpenslan end contraction of the ground,some cracking of Ihe pavement mey be experienced.There are no e�ress w Impllod warrantks of merchanlablllly,quallty,quentity or oFfilneas for any paNwlar purpose,which e#end beyond�hose specifiralty ael out In thls document 1 wnrranWs a.e vold U aavmnnl Is nM mada as euoulatad. DELINQUENCY CHARGE Paymenl Is due and payable upan wmpledon of eech stege of lhe work If PURCHASER defaulfs on the payrtrent required,PURCHASER will he Iiable for all coefs of collecilon,including ressonebla attomeys feas,and a dellnquency charge an Ihe balance at fhe maximum rates alloined by law. R PURCHASER Is an orgenlzallon as deflned by W Is StaWles,Sectlon 421.30�(2B),Ihe DeA�uency Charge rate shall Ee 1.5%per monlh(1 B%APR)plus all costs of collection,including reaeonable atlome�s fees, CONTRACTOR retalna title la ell merchendise covered by tl�la Agreement unlN full payment is recelved according[a lha above lerms oFsate. PURCHASER cansents in any actlon or legal proceeding rela0ng to thls Contract commenced by the CONTRACTOR to the personelJurlsdlctbn of any court�at is e'Aher a couR of recard In Ihe Slate of Wisconeln or a court of Ihe Uni[ed Sfates bcated In[he Stete of Wiscansln. It Is hereby agreed that no legal actlan wflh respect to tl�ls contract mey be hraught by elther party le[er{han one(1)year atter Ihe cause oi aclion oocurs and lhat the party asserling wdi a legal action shali be barted from arry remady Iherala. INDNIDUAL LlABILfTY The underslgned PURCHASER egreea to be Individuely Aeble for all tertns of the Agreemenl,ragardless of whelher he or she slgns individually or as an agent for U�e owner of the property upon which Ihe wark Is being pertartned or for any other IndMdual,partnership or corporatian. PRODUCT INFORMATION AND MAINTENANCE Slnce the asphelt in blacktop needs dme[o harden and cure,usualy 6-12 montt�s,your asphalt pavemenl vAll rematr�soR and pliable duAng wartn wealher.During ttifa tlme,don'[perk in Ihe same spo[ every tlme and do not lum your steering wheel beck end foAh when your car Is not moving.It i9 not unuwal to experience some cracldng over the wln[er dua to 1he con�acUon and eKpansion of Ihe ground, espedalty over culveris,pipes,electrtc wlras,e[c Avold gasollne and petrdeum product splps as Ihey wlp deshoy yaur pavement.If spAls do accur,Immadlatety ftush wllh lots af soapy water If you decide lo seel coat your pavemenf,wait unlll the summer folbWvig ins�llatlon. BINDING EFFECT Thls Agraement shall 6e binding upon IAe parties heretn,Ihelr helrs,parsonal represenleWes,suxessors and asslgns. ENTIRE AGREEMENT The entlre cantracl Is embodled In Ihls wrttlng Thls wrlting conslltutes Ihe flnal expresslon of the party's agraemenl,and is a complete and excluslva stalement of Ihat agraeman[ In tha event Mat any[erm of Ihls canfract Is unenforceehle,the remaining tertns of Ihe mntract shell still be In full force and affecl Page 2 of 2 Page 323 of 1000 Dubuque THE CITY Or � AEAsra7 Ciry DuB E 'ill�' 2007�2012•2013 Masterprece on tlre Mississippi zoi�•zoi9 City of Dubuque Water Department 1902 Hawthorne Street (address) Dubuque, IA 52001 P h O n e # 563-589-4291 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 Giese Sheet Metal Co., Inc. (Vendor Name) 2125 Kerper Blvd.Dubuque, IA 52001 (Vendor Address - City and State) PROJECT TITLE: Eagle Point Water Treatment Plant Roof Rehabilitation - HVAC Repairs (ProjeCt) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: Replace aged exhaust fan equipment discovered during roof repairs and provide duct extensions due to roof modifications above Admin Offices of the Eagle Point Water Treatment Plant Roof Rehabilitation Project,as described in proposal dated May 14,2026. The work described above shall be completed at the following location(s): Eagle Point Water Treatment Plant(1902 Hawthorne Street,Dubuque,lowa 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 Page 1 of 20 Page 324 of 1000 and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE — Please include one applicable Insurance Schedule: o Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) o Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box 0 Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors ❑ Insurance Schedule G —Vendors ❑ Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 6. The Vendor shall fully complete the Project under this Contract on or before June 30,2026 (date) Page 2 of 20 Page 325 of 1000 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 326 of 1000 THE CITY AGREES: The City agrees to pay the Vendor for the work actually performed under this Contract, up to the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT $ 15,000.00 CITY OF DUBUQUE, IOWA VENDOR: g�/: � 05/22/2026 Giese Sheet Metal Co,Inc. ichael C. Van Mi ligen Date Company Name City Manager ;�� Di9itallYsi9nedbYMattG'iese B�/; oa�e�zozs.os.iaizs�:z�-osov 5/19/26 Signature Date Matthew Giese Printed Name President Title Page 4 of 20 Page 327 of 1000 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 328 of 1000 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 329 of 1000 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 330 of 1000 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: Ea9�epo�^�Wa�e�T�ea�me^�p�a^�RoofRehab��a°o^-H�^�RePa��s 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 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 331 of 1000 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. 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 332 of 1000 C) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non-owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non-owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. D) UMBRELLA/EXCESS LIABILITY The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. All Class A contractors with contract values in excess of$10,000,000 must have umbrella/excess liability coverage of$10,000,000. All Class A and Class B contractors with contract values between $500,000 and $10,000,000 must have umbrella/excess liability coverage of$3,000,000. All Class A and B contractors with contract values less than $500,000 must have umbrella/excess liability coverage of$1,000,000. All Class C contractors are not required to have umbrella/excess liability coverage. All contractors performing earth work must have a minimum of$3,000,000 umbrella regardless of the contract value. E) POLLUTION LIABILITY Coverage required: _Yes x No Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos, or PCB's. Pollution product and complete operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations)or its equivalent and CG 20 37 (completed operations) or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. 7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability-Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the Owner's property. F) RAILROAD PROTECTIVE LIABILITY Coverage required: _Yes X No Page 10 of 20 Page 333 of 1000 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 334 of 1000 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 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) Page 12 of 20 Page 335 of 1000 EXHIBIT C U e or h fu is a � n c ifi te f i ur c o e � y D u e, w or e ov a re uir i hi t I rio o e ntr ct m e e nt a c ifi te e re ar o h o c re A f a ro d t I a s n D' isi o an qu' al t. ac ce ic e all ' cl e st e nt nd e ri on f er io a o y e ert' 'ca w i ue . V d S i A ee e da d . II lic� s in ra ce q � e er un r al e ith n i ur r h ze to o si ss � I a nd II i ur s all av a ti of o e r i th cu en . B Ys a � g ui . . ac ce ific e al e rn' e to e n ce e rt n f t C'y u e. 4. h se ic r id s I b re ir t car t � i m v a i � s, g at if q � ed y o er ga gr e nt ' i � I. ail e pr i th re ir � i m v ag sh n b de a ai r s r qu� e nt y e ity D u e F il t ob in int n e r ui d ' su n s I c si re a at al e th' a e en . . II r qu' ed nd se e s all e ac d t c ifi te h ce fic e i d b or e o ac gr e nt c a ro d. . h ev r a pe fic O or is fe n d e rre e tio of e r u b us u es a q � al t f � a ro d t D� ec r o i nc an B g . T s i pr i r st � e y li in riti g de 'ati s d cl io s f in e O r . 8 If en r' im' o ia ' ity re ig r t n e r qu' ed in' u li ' s en e en r' im' s II e t 's gr e nY re ir li ts. 9. V do sh r ui al u o ac rs nd ub u on ac rs o ai n m � ta� d in e e r nc of or in ra e r t c er ge de cri d ' th' In r ce c du a s II t ' c ifi te of' s n fr m s h b nt ct s d b- b ntr ct n r re t ti h b ia f th ai re a su o a r d b- b nt ct to bt 'n d ai in uc co er e. e it a re e a p f ch ert' 'ca s f in e en r. 0 e or h b es on I or ed cti s/ elf-� s d te io or ay e of p ic re iu s d e st as ci ed it h 'ns a e ic' s r ui d lo . 1. All e ' ca s in r ce u in d ag ts a o n b , a d ai d es . 1 T C� o u r e s e r ht r ui c p e e � ie o � s a e ire in ra ce oli �es � cl in e or m ts e ire y is c d a n i . 1 . T e � y D u e se e e g o o � t s e ire e , i lu n mi , b se on ge in e ris or h sp ci cir m an s ri t t th a e en su ec o itt tu a e en ta e er o. Page 13 of 20 Page 336 of 1000 INSURANCE SCHEDULE G (continued) I C M I G LI I Y en al g g e � it 2, 0, 0 P d s- o e d er io r at i ' $ ,0 ,0 er on a e 'si In' ry m' 1 00 0 c c rr c 0 Fi D e � i an on o rr c 5 ,0 e �ca a e s 5 00 1) C er e al e rit a oc rr ce no la� s a , f e e ra ab' ty v a s I b w ' e n co ' I r G 0 o u ne o ne f 0 . de at� s o h ta a I c rc' g er li ili fo 0 01 or us� es w er or BP 0 2, a e e y i en � ie cl e I O d se e or C 2 4 ` e g e o tio s e ra g e e mi . 3 In u e or m t i dic in h co er e i pr� ar a n -c tri to . ) nc de re ry io of ov n n I u tie E or m t a le tt e . I lu e dit' na ns e n rs e f . C' o u , i lu n II i e cte a a oi e ffi 'als all ' s e pl e a ol te s, it o d co mi io a d/ a or es n e� o rd e er , e pl e a v un er . U I f m G 1 ( go' g er io ) it q ' al t. ) o� y al nc de � er � ht co er t rs d se e . oli s II � cl e nc a � n d at ial a ge nd s e pr id� g rt 0 da a a e itt n ic of n la � n o e , re c � n � in ra ce ov a a /or m' n e 1 d tte n ce f n- y nt f ' m a e en o: it f b u na e ep rt nt 0 e 13 S ee u q , I a 20 1. E ' O S I L E A I ta or B ef' c er' g e pl ee in' e n e ' a id t o di as as re ri d I a de h te 5 ov a A at or te f I a C e ge E pl er i ilit a ci t 0 , 0 c o e- ise se $ 0, 0 P cy i � -D� ea 5 ,0 P lic s I i u iv of i to e v fro O er e or m t. ov ra B mi s II g at if q � ed y e br la xc s � su r. O If y w o e cti .1 , th do is t r qu' d p c se o er ' C p s on ns a e, e en r all av a p of e at ' ne cti o e m n io or p ye ' � bi � y v g or o il it h o rk s' o e ati I ur c C ' si er as e 're y w e ct' n .2 . C m te fo st e a ed Page 14 of 20 Page 337 of 1000 INSURANCE SCHEDULE G (continued) C L I B IT C ve g e re . s o oll o a � ty ov a s I b re ir if e ss e, n ct� g rty or er te a p uti e o re r at e of a rd s c ta in d at ial in di g, t t li it to e le ro c , t re ov o e , a e s r P B . P ut' n od t d m et o ra ' n co ra all s e ov e ac O ur n 2 0 00 P ic A e te ,0 ,0 oli t nc de ' b te nd a po ati c er ge 2 I u a iti al � s ed r: h Ci of u q , i u � g it el te an ap oi d ic� s II i e pl ee an lu ee , its o s o i io a /o u ori � s d ei o d e er , e lo ee an vo nt rs s IS fo 1 . ( g � g pe tio s) it e va nt n 0 ( m te op at� ns . I lu e P es a ' n ve m ta m un' 'es n rs e . 4) Pr i ev� e e co er e r 5 e a r m eti o pr ' c cl e nd se e in � a � g at v ag is i ry d on o ib ry 6 P ic sh i u w ve of ' h o r o ry o ot rs d se e . D P OF S O I IL ,0 ,0 ov a re ir es N t r uir d ic r id cl m e ve g . 1) R ro tiv D e s e o a d st e fo t d e h ag e nt s an st e in in a e de ce i ur c b pr id f at a iv (5 y ar ft c pl io of e r r rvi s. ) f ve g s nc ed r n- ne e n o ep ce wi a th c im m e li fo ith ro tiv D e ior t d e th a e en h co ra r us r id e n d r o � g" ov a fo a ni f f� e y r ft co pl io f e r r rvi s. R A LI / E C 1, 0, 0 o ra r ui d: e C er e r F� st nd hir P y e I� il� i u � g t t I� it to os at a re or io , s f i o e d e r c f i or ati ) E S $ , 0 , 0 C e gee re . Ys o e e ral ia � ity u m ile ia it n o r's ia � ity s an e r ui m ts a e s sfi co i tio of ri ry nd m el or x ss ia ' ity s an . th re o x ss s an p ic o n fo w e r f e m ic� s, � sh i u t s e do e n a e re of e im li � s � cl in u ot �mi d ve of b g �on nd Pr' a a N - ntr' ut y i fa r th i . Page 15 of 20 Page 338 of 1000 o de h te 7 , Li ili of o rn e I � isi s ro de cit� s � h rt � i m iti w ch a e a' bl o u. a n e it f b u s dit' n ns e n ou ns a e is q st b th' I ur c c d y r su in ur a� er t se � ni � s. y w Id e p s e o i u � ie , pl s s hi en rs m t o an q � al t f m h r e ti of� ni � s � fo o b ef� . T O V I n iv o o r e I I m it in re ex es y re a s te h th pu h e thi po�cy a t in d� g th i of u qu , I a a A iti al s d oe no e y th d n s ov n n i u ty ai I o e y D u e w u er o of w S io 67 .4 i o exi s d it y e e o ti t im . . ai s v a . T i ur fu e gr es a is ol' in ra e al ov r o y os cl ' s ot b' ct t e ef s of v nt i u � y de h o e o cti 6 . s � no e � ts n s � m b a nd d f m � o � e h e i n s �e to 0 of w S io 67 .4 al e ov ed y e t m an n � io of i � s an e p ic . s rti o o r e I u � e it f b u o s all e r p si e f a e � g y ef se f ve m t im un' , d ay o a n i a s II s up t ti el ri en q st t i r . . o e al C e e h in re h n d y ve g n r s lic a th in re h n d y y o h ig s d n s cr n o t � y D u e, w n r is li fo e on of ov n nt i u � y un ss n nt� a ur f m te ju �sd� io a rul d i av r o h ef ns s) er m tal � ni a e d t C� u e, w . o t r an e i o' . h b e es 'on f e m ta 'm n' 'es a o th ' e an o alt t v g av a u de e ol� A A . F L A E ) Page 16 of 20 Page 339 of 1000 EXHIBIT D S C . fur is s� ne ce ifi e i r ce o t � y u e, w or e ov a r ui d i E ibi pr r co m ci rk nd t t e d o h r � ct � th te o o i on r an 0 da . on ac rs e nti u c ifi te sh p se a ert� ca a e n f ch ro� ct ith e � a li . ac ce ific e al e e re on e o cu en C R for a r ed y e I a e rt n f I ur ce r e iv en p ov b th i ct of in c n u e E h rti � at sh I i u a ta m t de cri io of pe tio s to h e e � ic s i u . oj t# or ro� ct c 'on t or o ru io f II li ' s in r ce q ' e er un er al e ith n ' su r h ze to o si ss ' I a n II i ur s al av a ti of o e r i th cu en . B t' a � g ui . . ac ce ifi e al e rn� e to e in ce e rt n f t � y D u e. 4. a� re o vi e c e ge e re y is s an S e le no e ee e iv of e q � e nt y e ity f ue � r o ta� or a� ai th re ir in r ce a e o de d er� I b a of is gr e nt. n ct s al e re I s c s an a s -s c s an to bt n d ai ai ur g e p or a e w i ur c or e v ag d cr� e �n t s I ur nc S ed e d al b n e ' ic s in r ce ro a su s c s an a s -s c s an . C ntr cto a e a h s I li e r t f �ur of s co ul nt d ub ub on It t t ob in d ai ai su c er ge . T C� m r ue a op of c ce ic es o h o ra or 6 re ir e or e nt h b att h t e er� ic e rti � a is e ef e t c tr U re e ca e pp v . 7 e e s eci �c I f m � li ed e ire th cu en di � n t fo s e e , or n ui le or m b s sti e f r ed y e �re r Fi an a d a s je t e o ac r i en � i a li n � ti al ev� ti s d cl io fr e I r o a rs be e re o r h i � c er ge mi , o gr te r ui d I or th I al re e , i x it . h o a r' im' o ia � ity re ig r t n e q ' ed in' u li ' s en e pr id s ' it sh b thi a e en ' r uir d I' it 9 C ntr ct sh b re o ibl fo e ct' es n el ns re et ti fo pa e o II oli pr mi s n ot r e st so iat ' t e i ur c o' ie e ire b w 1 . A ce ic es f i ur c i u a nt na e, o e m r, d m � a re . e ity D u e s e h ig to e �re et , c ifi c ie of r ui d i su nc po�cie , in d' g do e en , r uir d th' S e le a ti e. 1 . T e y D u e s e e ig to o � t s e ire e , i lu n mi , b se o h ge in e ris or h sp ci cir m a es uri t t th a e en su ec o itt tu a ee en ta e e to Page 17 of 20 Page 340 of 1000 INSURANCE SCHEDULE J (continued) x ' it A C R A G E A I I Y ne I gr a Li it ,0 ,0 r u -C m te O r �on A re te im' $1 0 , 0 er na n A ert' in nj ' it 1, 0, 0 E h cc re e $ ,0 ,0 ir a Li it ny ne c rre ce 50 0 ed� al y en 0 o ra s II tte o n cc re e, ot ai d , for . e en al �ab� � y c e ge h b ri n ' a or wi I f 0 or us' es o er or B 0 2 All ev� tio s f in e an ar S co m ci ge er ia �ity or C 00 1, r si ss rs r P 0 all e ar i nti ' d. 2 I u e or nt � di tin th c er e ' pr� ar a n -c tr' ut ) nc d r e tio of o rn en I I m iti E or e nt. pl att h ). cl e di � n in re en rs m t f : T C� u e, � cl in II � e ct a a o� e ffi al , all � s p e a ol te s, I i b rd , co m� si s d/ a o � ie n h � b rd e e , e pl e d lu ee . e O r 0 5) P cy a in d ' er f 'gh o c er o t rs n rs e . ol� s all � cl e n la � n d a ia h ge n rs e pr i � g irt 3 d s va e rit ic of an II �on o re w , r uc � n � i r ce ov a a /o im� an te (1 d s itt n ic f n- y en f e � m b e to• it of b u in ce e rt n 0 e 1 S ee u q , I a 0 T M I IT o i d n Li it 1 00 0 C er e a nc d II n n- n d re ve cl . I e o ra or' u �ne d es ot w n e 'cle , c er e ' r uir d n -o ne a hi d hi es ) o�cy al nc de � er � ht o co er o t rs nd se e . C ' E O 8� M O B IT at o e fi co eri a e lo e �nj d n t j b ac �de or is s s e rib b lo a C e er 5. v ag A at ry S te I a C er e E lo er ia it ac A id t $ 0 00 ch m oy - � e e 1 ,0 o� y mi i as 0 , 0 P ic h in ud W ve of ig to ec er ro O er en rs ov a B � it sh b gr te if r qu� d t u r a/ c s i ur . I y w C e ct� n .1 , t C tr to s t r ui d p ch e or rs' o p sa ' n n ra e, e o ac r s all av a py f t te' N el cti o er C p ns io or m y s' �ab� " y ov a for o fil i th o r s' o e ati I ur c C m ss� ne , a e re y ow C e ec� n .2 . m et fo s e ta e . Page 18 of 20 Page 341 of 1000 L B T 1, 0 0 h G er Li ili , o bi Li ili a E pl er' Li ili In r ce eq �re n m b tis �ed it c b� at� n pr a a U r a E es Li ili In ra ce f t br la r E e In r ce oli d s t lo th or o e ri ry ol' es it s all ' cl e e m n rs e s r uir h ri a o� ie nc di b n li � e o aiv r o u o tio a P im y d on o ib ry ' f or f t ' y. R E I L B T 2 0 00 f t r ui d li pr id c i -m e ov a . 1 T tr cti D e us e o n d us e ef e t d e th a e en . ) ns a e s e ai ai d d id c f i ur nc m t pr i d f a ea fi (5 ar a c p tio of e or or rv� es 3 If v ag is n e or n- n e an no re c w� ot r i -m de oli f it a tr cti te rio o e te t a ee e , th co ra or u pr id `e en d r o n " co ra f a in' u of ' e ) ar aft c p tio of e or or rv' es I L / C 1 0 0 0 C e ge or rs n h� P rty re h � bi � i lu n ut ot � it t os da a r tor io , os of� co e d b br ac of� for at� n. Page 19 of 20 Page 342 of 1000 I a o C p 6 , 'ab'' y G er al u ivi 'on , pr i s ' es it ce in ' ni ' s i m b av a t o . N i t C� o u q a an d � io i ur o yo i r ce s � re e ed y t s s n S e le a es t i o w ve of os i u ' ie f u ou li to re ry th e ' m iti , ea u t � e do e nt r e iv n or . T p s a � n i u � ie s f y r n S O A I I E D . on aiv r o o er e al nit . T i r e re y re s d t th t p h e th' p cy a t in u � g th Ci of u q , I a s A iti al s ed o n w � e y t d en s o rn en I i ity va� bl to e ity D u e o u er o 0 o S ti 6 .4 s i o e ' ts d s i ay e e e ro ti t i . la� s ov a . 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EP R T A R• I I A B A S N C C B ) Page 20 of 20 Page 343 of 1000 PUBLIC IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (the Contract), dated for references purposes the 19th 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 Gansen Excavatinq, Inc. (Contractor). 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 LORAS BLVD. & LOCUST ST. STORM SEWER RECONSTRUCTION PROJECT (Project). 2. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: 1. Project Title Page (Section 00100). 2. Project Directory Page (Section 00101). 3. This Public Improvement Contract (Section 00500). 4. Performance, Payment, and Maintenance Bond (Section 00600). 5. Out-of-State Contractor Bond (Section 00610). 6. Other Bonds: a. (Bond Name) (pages _to _ , inclusive). b. (Bond Name) (pages _to _ , inclusive). c. (Bond Name) (pages _to _ , inclusive). 7. The lowa Statewide Urban Design And Specifications (SUDAS) 2023 Edition. 8. CITY OF DUBUQUE Supplemental Specifications 2023 Edition. 9. Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual. 10.Special Provisions included in the project Contract Document Manual. 11.Drawings - Sheet No. A.01 through No. W.02 (51 pages) or drawings consisting of sheets bearing the following general title: 12.Addenda (numbers 1 and 2, inclusive). 13. Insurance Provisions and Requirements (Section 00700). 14.Sales Tax Exemption Certificate (Section 00750). 15.Site Condition Information (Section 00775). 16.Construction Schedule and Agreed Cost of Delay (Section 00800). 17.Erosion Control Certificate (Section 00900). Page 344 of 1000 18.Consent Decree (Section 01000). 19.Other Project Information and Permits (Sections 00000 - 00000). 20.Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages 1 to 9 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 994�9/00471) ii. iii. 21.The following which may be delivered or issued on or after the Effective Date of the Agreement: a. Notice to Proceed (Section 00850). b. Project Certification Page (Section 00102). c. Change Orders (Not attached to this agreement). 22.Authorization Resolution: a. Resolution No. 286-17 Authorizing City Manager to Execute Contracts and Leases (Exhibit C), or b. Project Specific Resolution (Resolution No. 204-26). 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 Documents and must be installed in accordance with the Contract Documents. 4. The Contractor must remove any materials rejected by the City as defective or improper, or any of said work condemned as unsuitable or defective, and the same must be replaced or redone to the satisfaction of the City at the sole cost and expense of the Contractor. 5. Three percent (3%) of the Contract price will be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the 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, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Contract Documents herein referred to and agrees not to plead misunderstanding or deception related to estimates of quantity, character, location or other conditions for the Project. 7. In addition to any warranty provided for in the specifications, the Contractor must also fix any other defect in any part of the Project, even if the Project has been accepted and fully paid for by the City. The Contractor's maintenance bond will be security for a period of two years after the issuance of the Certificate of Substantial Completion. Page 345 of 1000 8. The Contractor must fully complete the Project under this Contract on or before the date indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract Documents. 9. Indemnification; Liability for City Damage a. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified 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. 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 anything 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 lessen or destroy free competition in the award of this Contract 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 must, 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 one (1) year. 13. The City may terminate this Contract with or without cause upon sixty(60)days'written notice delivered to the Contractor. 14. This Contract shall be governed by the laws of the State of lowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be in the lowa District Court for Dubuque County. 15. Counterparts and Electronic Signatures. This 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 SECTION 00500 electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Contract. Page 346 of 1000 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 between the terms of this Contract and the terms of any of the Contract Documents, the terms of this Contract shall prevail. 18. Legal Compliance. a. The Contractor is responsible for compliance with all applicable laws, 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 further represents that during the Term Contractor will remain in compliance. Contractor shall require all contractors and subcontractors providing services under this Contract shall also certify compliance with this Section. b. When Applicable: Contractor further represents and warrants that Contractor has obtained all necessary business permits and licenses that may be required to carry out the obligations pursuant to 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 of the term(s) of this Contract. 19. Federally Assisted Project. Is this project funded fully or in part with federal funds? ❑ Yes (if yes, provision a. and b. below apply) ■ 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). THE CITY 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 $512,919.92 Page 347 of 1000 CITY OF DUBUQUE, IOWA: Citv Manager's Office Department By: !� Sig ture Michael C. Van Milliqen Printed Name Citv Manager Title 05/22/2026 Date CONTRACTOR: Gansen Excavatinq, Inc. Contractor ( ` By: �/i.�l�' �/� ��ti-��—� Signature Rich Gansen Printed Name Owner Title �—�/-- :�s�:��=�� Date Page 348 of 1000 PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That we, Gansen Excavatinq, Inc., as Principal (hereinafter the "Contractor" or "Principal") and Merchants Bonding Companv (Mutual) , 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 Five Hundred Twelve Thousand, Nine Hundred Nineteen Dollars and Ninety-Two cents ($512,919.92), 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 19th day of May 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 workmanlike manner, and in accordance with the Contract Documents. The Contract Documents for LORAS BLVD. & LOCUST ST. STORM SEWER RECONSTRUCTION PROJECT detail the following described improvements: The scope of the project is as follows: The scope of the project is as follows: Replacing approximately 375 feet of storm sewer beneath Loras Blvd. and reconstructing the full width of pavement from the intersection of Loras Blvd. and Locust St. eastward to Main Street. The project will also reconstruct all pedestrian ramps within the limits to meet current ADA standards. 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 349 of 1000 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 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 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 350 of 1000 E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way but shall include the actual and reasonable costs and expenses incurred by the Owner including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is intended the Contractor and Surety will defend and indemnify the Owner on all claims made against the Owner on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Owner whole for all such outlay and expense, provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five percent (125%) of the penal sum of this Bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Dubuque County, State of lowa. If legal action is required by the Owner to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Owner, by law. The Owner may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this 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 Page 351 of 1000 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: Loras Blvd. & Locust St. Storm Sewer Reconstruction Project Location: Loras Blvd, Bluff Street to Main Street Project Number: 5586500042 Witness our hands, in triplicate, this 19th day of MaY , 2026. SURETY COUNTERSIGNED BY: Title FO APPROVED BY: Signature of Agent � Repr entative for Owner Printed Name of Agent S U RETY: Company Address Merchants Bonding Company (Mutua�j Surety Company �� , City,State,Zip Code - � � / i. ;�---��' -� ;By: �i, � ��..�-�(o C c,��v_ ��_�--c_- = Signature Attorney-in-Fact Officer � Company Telephone Number Hannah Cecelia Lincofn PRINCIPAL: Printed Name of Attorney-in-Fact Officer TRICOR Insurance Gansen Excavating Inc Company Name Contractor ,� ,�� /� 600 Star Brewery Dr, Ste 110 By: `; I%:�'� r/ L3�'�'��_ Company Address �S��nature Dubuque, IA 52001 (��.-T 1 �JG��S��L'1 City, State, Zip Code Printed 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-FacUOfficer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. Page 352 of 1000 .�.��.c��r� . ��.�J.'l �1 L�`I��.� �4f��L"Y�.��Tu POINER OF ATT�RNEY KnowAll Persons By 7hsse Presenis,that MERChIANTS BONDING COMPANY(MUTUAL)and MERCFiANTS NAT{ONAL BOND]NG,INC., both being corporatEona of the State of lowa,and MEFtCHANTS NATIONAL 1NDEMNI7Y COMPANY,an as8umed name of Merchants Nalional Bonding,Inc., (hereln collectively called the"Companies")do hereby make,constltute and appoint, IndEvldually, Hannah Cecelia Lincoln their lrue and Eawful Attorney(s}-in-Facf, to slgn Its name as surety{fes) and to execute, seal and acknowledgs any and all bonds, undertakings, coniracts and other writken Instruments in the nature thereof,on behalf of the Companies in thelr business of guaranteeing the fldelity of persons, guaranteefng the performance of contracts and executing or guaranteeing bonds and undertakings �equlred or permitted in any actfons or procsedings allowed by law. This Power-of-Attorney{s granted and ls signed and sealed by facsimlle under and by auihorify af the By-Laws adopted by the Board of Directors of the Companles. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vlce President shal! have power and autharity to appolnt Aiiorneys-in-Fact,and to authorize them to execute an behaEf of the Company,and attach the seal of the Company thereto,bonds and undenak(ngs,recognizences,contracts of Indemnity and other writings obUgatory In the naturethereof." "The slgnature of any authorized offlcer and the seal of the Company may be affixed by facsimlle or electronic transmissfon to any Power of Attorney or Certificailon ihereof authorizing the executlon and dellvery of any bond, underfafcing, recognizance, or other suretyship obligailons of the Compeny,and such signature and seal when so used shafl have the same force and effect as though manually fixed:' In connectlon wlth obUgatlons in favor of the Florlda Department of Transportation only,it Is agreed that ihe power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retafned percentages and/or tinal estlmakes on engineering and construction contracts requlred by the State of Florida Department of Transportatlon. It is fully understood that consenting to the State of Florida Qepartment of Transportation making payment of the final sstimate to the Contractor and/or!ts assignee,shall not relieve this surety company of any of its obfigatfons under Its bond. In connection with obligatfans in favor of the Kentucky Department af Highways only,It is agreed that the power and authority hereby given to the Attorney-in-Fact cannat be modlFled or revoked unless prlor written personal notice of such Intent has been glven to the Commissioner- Department oi Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. in Wifness Whereof,tha Companies have caused thls Ensfrument to be signed and sealed this 21sf day of May , 2026 . ��►• �rr yf.irlrtr�p rN�r4 .• ��(��,�'•� ;t++�*,��;Q��+•+:� +.•"tiyp,�,�Na., MERCHANTS BONDING COMPANY(MUTUAL) �'p�, + �A*, ,.•+��;,�• ��,, *�',��Mi-` �'it�•. MERCHANTS NATIONAL BONDING,INC. ;y`b.r�0��;:;�� 0�¢�R9ji:��* �'.�;' ��Q�h�•;�',•,,,�. MERCHANTS NATIONAL INDEMNITY COMPANY ;�� q„ '� • ��'t+� :.�j,» ��t'�� il�:: t� 9 �,�� r ... . �+�' :'a.�" - �.�� i.A.� e�' • �.'Z: %� � ;j}r �t�� 3 ;��,; w�'c, 240� ,,,�; ,�� :3; � " � �• � :'�,�ty r �y�'�, `14�� 1��`• .�15�� ' Rv � �il��rr a�sx�±� �:t��/s,�'-�. r�rrk��S'�� _��.ti•.. ��1 . BY . µ*i�E'�fK�# . t��Ilk`�fii��'�f. . �. '�t':�'rtp��.. . .. STATE OF IOWA Aresfdent COUNTY OF DALLAS ss. On this 21st day of May 2626 ,bofore me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is Presidenl of MERCHANTS BONDING COMPA�fY(MU7UAL), MERCHANTS NATIONAL BONDING,INC.,and MERCHANTS NATIONAL INDEMNlTY COMPANY;and that the seals afflxed to the foregoing Instrument are the Corporate Seals of the Companies;and that the said instrumen#was slgned and sealed in behalf of the Companies by autharity of thelr respecfiv ards of Direcior.s, ,��.��A��}1 PenM Mille� � fl `q Cammissian Numb�r 787952 � n 7' .� *�! ; .,,,'. ' •..- . �' ' ... � ��. My Corrti'rt'lssian EXpireS ' fC�Wf� Janu�ry 2a,2027 - , _ (ExpiratEon of nofary's commisslan Nofary Aublic does not Invalidate this instrument} I, Elisabeth Sandersfeld, Secretary of MERCMANTS BONDING COMPANY (MU7UAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY da hereby aertify thai the above and foregoing is a irue and correct copy of the POWER-OF- ATTORNEY executed by sald Companies,wh{ch is still in full force and effect and has not been amended or revolced. In Witness Whereof, f have hereunto sef m�h�and and affixecl the seal of the Companles on this 21st day aF May , 2026 . �,�:.,�t../1�r�y� zw,yay�u,Yw�!r�ra'1eb � � � r M4��!"Ll l�V/Z6�� 4��1�"l..,C[+J6u7.�ryI��Ot �- {�'�fi'��.r�f}ja�4 . . � R � 1'^' M `S ��.» � ;'�b�' '�PC?� •{',�•. �,.'�� "��' '��`�'G' ti t►��,�'�,1��RA�� 'i+i:�� , ��3��`�. ��+�� ,r,(�,y'KJ�" ��J�'� �..y y..�� /J�j' •Y•Q�'�►1.�. i�t�' ~p• �'t�' '��'�"i�' T�' � �" y :-i ';�� :v,�":, 19�$ ' • "�: 2003 �� '• � '�• Secrefary •y..�. ,.l�i ��i .. ��A�° a" M�` � ��'�� ,�, ♦ �,y ,� rs��F�K•, ,�.�''�,�1�i '��f�V"iij.�•. ��'�'`"�'�1�'� ��+�j�`t�� +'��i �� .J�. .��• 1°f�t � i�,�1 . �� .� . .��1/4�.• ikll"�R�1/E*4 . �k..Y�MM* POA ao�a��Zs� Page 353 of 1000 CONSTRUCTION SCHEDULE AND AGREED COSTS OF DELAY 800.1 SCHEDULE: CALENDAR DAY SCHEDULE: Work required by the Contract Documents shall commence within ten (10) calendar days after Notice to Proceed has been issued and shall be fully completed by July 17, 2026. MILESTONE DATES: In addition to the required Final Completion Dates, there are milestones by which certain items of work must be completed. See General Requirements for milestone requirements. Milestone 1 - Final Completion 7-17-2026 Milestone 2 00-00-0000 In general, the following contract completion Milestone shall be followed. a. Milestone 1 Completion: b. Milestone 2 Completion: 800.2 AGREED COSTS OF DELAY: Time is of the essence of the Contract. As delay in the diligent prosecution of the work may inconvenience the public, obstruct traffic, interfere with business, and/or increase costs to the City such as engineering, administration, and inspection, it is important that the work be prosecuted vigorously to final completion. An extension of the contract period may be granted by the City for any of the following reasons: 1. Additional work resulting from a modification of the Contract Documents by approved change order. 2. Delays caused by the City. 3. Other reasons beyond the control of the Contractor, which in the City's opinion, would justify such. Should the Contractor, or in case of default the Surety, fail to complete the work within the specified Milestone(s), Substantial and Final Completion Dates, a deduction at the daily rate for agreed costs of delay will be made for each and every calendar day or working day, whichever is specified, such that the work remains uncompleted. The Contractor or the Contractor's Surety shall be responsible for all costs incidental to the completion of the work, and shall be required to pay the City the following daily costs: Page 354 of 1000 A. For each calendar day that any work remains uncompleted beyond the Substantial Completion date the contractor will be assessed and shall pay, $1,500.00 per calendar day, not as a penalty but as predetermined and Agreed Cost of Delay until Substantial Completion requirements are met. B. For each calendar day that any work remains uncompleted beyond the Final Completion date the contractor will be assessed and shall pay, $1,500.00 per calendar, not as a penalty but as predetermined and Agreed Cost of Delay until Final Completion requirements are met. r�o �niill ho occocco�J on� oholl r�ov Q� a��$�}�E��avvcs�ca--arrc�.aricm--pay� �'� �+onrlor �J��i nn+ �c o r�onol��i h�i� oc r�roiJo+orminoiJ �nr! Onroor! (`nc� nf f1ol�� e i ir�+il �ho �Ailoc+�no rorvi�iromon�o oro mo+ Permitting the Contractor to continue and finish the Work, or any part of it, after the expiration of the Substantial and Final Completion dates or Milestone Dates or extension thereof shall in no way operate as a waiver on the part of the City of any of its rights or remedies under the contract, including its right to Agreed Cost of Delay pursuant to this provision. Furthermore, the assessment of Agreed Cost of Delay shall not constitute a waiver of the City's right to collect any additional damages which the City may sustain by failure of the Contractor to carry out the terms of the Contract. The Agreed Cost of Delay rates specified in the Contract Documents is hereby agreed upon as the true and actual damages due the City for loss to the City and to the public due to obstruction of traffic, interference with business, and/or increased costs to the City such as engineering, administration, construction, and inspection after the expiration of the contract times, or extension thereof. Such Agreed Cost of Delay will be separately invoiced to the Contractor, and final payment will be withheld from the Contractor until payment has been made of this invoice for the agreed cost of delay. The Contractor and its surety shall be liable for any agreed cost of delay in excess of the amount due the Contractor. Page 355 of 1000 �� GANSEXC-01 HKUHSE ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �� 5/21/2026 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 coNTacr Madison Straka NAME: TRICOR, LLC-Dubuque PHONE 608 467-5607 1709 FAx 600 Star Brewery Drive (A/C,No,Ext): � � (A/C,No): Suite 110 ADOR�Ess:mstraka@tricorinsurance.com Dubuque, lA 52001 INSURER S AFFORDING COVERAGE NAIC# INSURER A:ACU It 14184 INSURED INSURER B: Gansen Excavating, IIIC. INSURERC: Richard Gansen 12198 Skyline Rd INSURERD: Dubuque, IA 52003 INSURERE: 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 )( COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ �,OOO,OOO CLAIMS-MADE X OCCUR K53731 1/1/2026 1/1/2027 DAMAGETORENTED ��,��Q X X PREMISES Ea occurrence $ MED EXP An one erson $ 5,�� PERSONAL&ADV INJURY $ �,OOO,OOO GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY� JECT � LOC PRODUCTS-COMP/OP AGG $ 2�000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT "I,OOO,OOO Ea accident $ X ANYAUTO K53731 1/1/2026 1/1/2027 gODILYINJURY Per erson $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 )( EXCESSLIAB CLAIMS-MADE K53731 1/1/2026 1/1/2027 qGGREGATE $ 5,��,�� DED RETENTION$ g A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE Y❑ X K53731 1/1/2026 'I/'I/ZOZ7 E.LEACHACCIDENT $ �,OOO,OOO OFFICER/MEMBER EXCLUDED? N�A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ �,��,�� If yes,describe under �,��,��Q DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 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 the policy terms,conditions,exclusions,endorsements,and all applicable laws. Project#5586500042 Project name: Loras Blvd &Locust St Storm Sewer Reconstruction Project The City of Dubuque,including all its elected and appointed officials,all its employees and volunteers,all its boards,commissions and/or authorities and SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Dubu ue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y 4 ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Department 50 W 13th St Dubuque, IA 52001 AUTHORIZED REPRESENTATIVE �ll� �� ACORD 25(2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 356 of 1000 AGENCY CUSTOMER ID: GANSEXC-01 HKUHSE �� LOC#: 1 ACORO ADDITIONAL REMARKS SCHEDULE Page � ot � `� AGENCY NAMEDINSURED RICOR, LLC-Dubu ue Gansen Excavating, Inc. a Richard Gansen POLICYNUMBER 12198 Skyline Rd SEE PAGE 1 Dubuque, IA 52003 CARRIER NAIC CODE SEE 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/LocationsNehicles: their board members, employees and volunteers are additional insured in regard to the general liability for ongoing and completed operations, on a primary and non-contributory basis,as required by written contract.A waiver of subrogation applies to the general liability and workers compensations,as required by written contract. ACORD 101 (2008/01) O 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 357 of 1000 DELUXE BIS-PAK° PROPERTY COVERAGE FORM Index of Policy Provisions Page Page PROPERTY COVERAGES......................................2 PROPERTY OPTIONAL COVERAGES.................21 CoveredProperty.............................................2 Outdoor Signs................................................21 Property Not Covered.......................................2 Employee Dishonesty.....................................21 Covered Causes of Loss..................................3 PROPERTY DEDUCTIBLES..................................22 Limitations........................................................3 Additional Coverages.......................................3 PROPERTY GENERAL CONDITIONS..................23 PROPERTY EXTENSIONS OF COVERAGE.........12 Control of Property.........................................23 Newly Acquired or Constructed Property.......12 Mortgageholders............................................23 Personal Effects and Property of Others........13 No Benefit to Bailee........................................23 Property Off-Premises....................................13 Policy Period, Coverage Territory..................23 Property in Transit..........................................13 PROPERTY LOSS CONDITIONS..........................23 Outdoor Property............................................13 Abandonment.................................................24 Valuable Papers and Records........................13 Appraisal........................................................24 Accounts Receivable......................................14 Duties in the Event of Loss or Damage..........24 Money and Securities.....................................14 Legal Action Against Us.................................24 PROPERTY EXCLUSIONS....................................15 Loss Payment and Valuation..........................24 Recovered Property.......................................26 PROPERTY LIMITS OF INSURANCE...................20 Resumption of Operations..............................26 Building Limit-Automatic Increase................20 Vacancy..........................................................26 Business Personal Property Limit- ...............20 Seasonal Increase PROPERTY DEFINITIONS....................................27 Business Personal Property Limit- ...............20 Automatic Increase Acuity,A Mutual Insurance Company CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�ge�Stf Of 1000 DELUXE BIS-PAK° PROPERTY COVERAGE FORM Various provisions in this policy restrict coverage. The words "we," "us" and "our" refer to the Company Read the entire policy carefully to determine rights, providing this insurance. duties and what is and is not covered. Other words and phrases that appear in italics have Throughout this policy the words "you" and "your" special meaning. Refer to the Property Definitions refer to the Named Insured shown in the Declarations. Section. PROPERTY COVERAGES We will pay for direct physical loss of or damage to or repairs to the buildings or Covered Property at the premises described in the structures. Declarations caused by or resulting from any Covered b. Business Personal Property located in or Cause of Loss. on the buildings at the described premises or 1. Covered Property in the open (or in a vehicle)within 100 feet of Covered Property includes Buildings as the described premises, including: described under item a below, Business (1) Property you own that is used in your Personal Property as described under item b business; below, or both, depending on whether a Limit of (2) Property of others that is in your care, Insurance is shown in the Declarations for that custody or control, except as otherwise type of property. Regardless of whether provided in Loss Payment and Valuation coverage is shown in the Declarations for Property Loss Condition 5g(3)(b); Buildings, Business Personal Property, or both, there is no coverage for property described (3) TenanYs improvements and betterments. under item 2, Property Not Covered. Improvements and betterments are fixtures, alterations, installations or a. Buildings, meaning the buildings and additions: structures at the premises described in the Declarations, including: (a) Made a part of the building or (1) Completed additions; structure you occupy but do not own; and (2) Garages, storage buildings, appurtenant (b) You acquired or made at your structures usual to your occupancy; expense but cannot legally remove; (3) Fixtures, including outdoor fixtures; (4) Leased personal property which you (4) Permanently installed: have a contractual responsibility to (a) Machinery; and insure, unless otherwise provided for (b) Equipment; under paragraph 1 b(2); and (5) Your personal property in apartments, (5) Exterior building glass, if you are a tenant rooms or common areas furnished by and no Limit of Insurance is shown in the you as landlord; Declarations for Building property. The glass must be owned by you or in your (6) Personal property owned by you that is care, custody or control. used to maintain or service the buildings, 2, property Not Covered structures or the premises, including: (a) Fire extinguishing equipment; Covered Property does not include: (b) Outdoor furniture; a. Aircraft, automobiles, motortrucks and other vehicles subject to motor vehicle registration; (c) Floor coverings; and b. Money or securities, except as provided in (d) Appliances used for refrigerating, the: ventilating, cooking, dishwashing or (1) Money and Securities Coverage laundering. Extension; or (7) If not covered by other insurance: (2) Employee Dishonesty Optional (a) Additions under construction, Coverage. alterations and repairs to the c. Contraband or property in the course of buildings or structures; and illegal transportation or trade; (b) Materials, equipment, supplies and d. Land (including land on which the property is temporary structures, on or within located), water, growing crops or lawns; 100 feet of the described premises, used for making additions, alterations e. Outdoor fences, radio or television antennas CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�ge��J Of 1000 (including satellite dishes) and their lead-in (4) Property that has been transferred to a wiring, masts or towers, signs (other than person or to a place outside the signs attached to buildings), trees, shrubs or described premises on the basis of plants (other than stock of trees, shrubs or unauthorized instructions. plants), all except as provided in the: (5) The interior of any building or structure or (1) Outdoor Property Coverage Extension; the property inside any building or or structure caused by or resulting from (2) Outdoor Signs Optional Coverage; rain, snow, sleet, ice, sand or dust, f. Watercraft (including motors, equipment and Whether driven by wind or not, unless: accessories)while afloat; (a) The building or structure first sustains g. Accounts, bills, food stamps, other damage by a Covered Cause of Loss evidences of debt, accounts receivable or to its roof or walls through which rain, valuable papers and records; except as snow, sleet, ice, sand or dust enters; otherwise provided in this policy; or h. Computer(s) which are permanently installed (b) The loss or damage is caused by or or designed to be permanently installed in results from thawing of snow, sleet or any aircraft, watercraft, motortruck or other ice on the building or structure. vehicle subject to motor vehicle registration. b. We will not pay for loss of or damage to the This paragraph does not apply to following types of property unless caused by computer(s)while held as stock; the specified causes of loss or building glass i. Electronic Data, except as provided under breakage: Additional Coverages - Electronic Data. This (1) Animals, and then only if they are killed paragraph i does not apply to your stock of or their destruction is made necessary. prepackaged software. (2) Fragile articles such as glassware, j. Animals, unless owned by others and statuary, marble, chinaware and boarded by you, or if owned by you, only as porcelain, if broken. This restriction does stock while inside of buildings. not apply to: 3. Covered Causes of Loss (a) Glass that is part of the exterior or interior of a building or structure; Risks of Direct Physical Loss unless the loss is: a. Excluded in Property Exclusions; or (b) Containers of property held for sale; or b. Limited in paragraph 4, Limitations; (c) Photographic or scientific instrument that follow. lenses. 4. Limitations c. For loss or damage by theft, the following a. We will not pay for loss of or damage to: types of property are covered only up to the (1) Steam boilers, steam pipes, steam limits shown: engines or steam turbines caused by or (1) $2,500 for furs, fur garments and resulting from any condition or event garments trimmed with fur. inside such equipment. But we will pay (2) $2,500 for jewelry, watches, watch for loss of or damage to such equipment movements, jewels, pearls, precious and caused by or resulting from an explosion semi-precious stones, bullion, gold, of gases or fuel within the furnace of any silver, platinum and other precious alloys fired vessel or within the flues or or metals. This limit does not apply to passages through which the gases of jewelry and watches worth $100 or less combustion pass. per item. (2) Hot water boilers or other water heating (3) $2,500 for patterns, dies, molds and equipment caused by or resulting from forms. any condition or event inside such boilers 5. Additional Coverages or equipment, other than an explosion. (3) Property that is missing, where the only a. Debris Removal evidence of the loss or damage is a (1) Subject to paragraphs (3) and (4), we will shortage disclosed on taking inventory, pay your expense to remove debris of or other instances where there is no Covered Property caused by or resulting physical evidence to show what from a Covered Cause of Loss that happened to the property. This limitation occurs during the policy period. The does not apply to the Extension of expenses will be paid only if they are Coverage for Money and Securities. reported to us in writing within 180 days CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�ge�bU Of 1000 of the date of direct physical loss or Debris Removal Expense $10,000 damage. Debris Removal Expense (2) Debris removal does not apply to costs Payable $10,000 to: (a) Extract pollutants from land or water; ($10,000 is 20% of$50,000) or The debris removal expense is less than 25% of the sum of the loss payable plus (b) Remove, restore or replace polluted the deductible. The sum of the loss land or water. payable and the debris removal expense (3) Subject to the exceptions in paragraph ($49,500 + $10,000 = $59,500) is less (4) below, the following provisions apply: than the Limit of Insurance. Therefore, (a) The most that we will pay for the total the full amount of debris removal of direct physical loss or damage plus expense is payable in accordance with debris removal expense is the Limit the terms of paragraph (3). of Insurance applicable to the Example#2 Covered Property that has sustained Limit of Insurance $90,000 loss or damage. Amount of Deductible $500 (b) Subject to paragraph (a) above, the amount we will pay for debris Amount of Loss $80,000 removal expense is limited to 25% of Amount of Loss Payable $79,500 the sum of the deductible plus the ($80,000-$500) amount that we pay for direct physical loss or damage to the Debris Removal Expense $30,000 Covered Property that has sustained Debris Removal Expense Payable loss or damage. Basic Amount $10,500 (4) We will pay up to an additional $10,000 Additional Amount $10,000 for debris removal expense, for each location, in any one occurrence of The basic amount payable for debris physical loss or damage to Covered removal expense under the terms of Property, if one or both of the following paragraph (3) is calculated as follows: circumstances apply: $80,000 ($79,500 + $500) x .25 = (a) The total of the actual debris removal $20,000; capped at $10,500. The cap expense plus the amount we pay for applies because the sum of the loss direct physical loss or damage payable ($79,500) and the basic amount exceeds the Limit of Insurance on the payable for debris removal expense Covered Property that has sustained ($10,500) cannot exceed the Limit of loss or damage. Insurance ($90,000). (b) The actual debris removal expense The additional amount payable for debris exceeds 25% of the sum of the removal expense is provided in deductible plus the amount that we accordance with the terms of paragraph pay for direct physical loss or (4), because the debris removal expense damage to the Covered Property that ($30,000) exceeds 25% of the loss has sustained loss or damage. payable plus the deductible ($30,000 is 37.5% of$80,000), and because the sum Therefore, if paragraphs (4)(a) and/or of the loss payable and debris removal (4)(b) apply, our total payment for direct expense ($79,500 + $30,000 = physical loss or damage and debris $109,500) would exceed the Limit of removal expense may reach but will Insurance ($90,000). The additional never exceed the Limit of Insurance on amount of covered debris removal the Covered Property that has sustained expense is $10,000, the maximum loss or damage, plus $10,000. payable under paragraph (4). Thus the (5) Examples total payable for debris removal expense Example#1 in this example is $20,500; $9,500 of the debris removal expense is not covered. Limit of Insurance $90,000 b. Pollutant Clean Up and Removal Amount of Deductible $500 We will pay your expense to extract Amount of Loss $50,000 pollutants from land or water at the Amount of Loss Payable $49,500 described premises if the discharge, ($50,000-$500) dispersal seepage, migration, release or CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�ge�b"I Of 1000 escape of the pollutants is caused by or (2) We will pay for direct physical loss or results from a Covered Cause of Loss that damage to Covered Property, caused by occurs during the policy period. The abrupt collapse of a building or any part expenses will be paid only if they are of a building that is insured under this reported to us within 180 days of the date on policy or that contains Covered Property which the Covered Cause of Loss occurs. insured under this policy, if such collapse This Additional Coverage does not apply to is caused by one or more of the costs to test for, monitor or assess the following: existence, concentration or effects of (a) Building decay that is hidden from pollutants. But we will pay for testing which is view, unless the presence of such performed in the course of extracting the decay is known to an insured prior to pollutants from the land or water. collapse; The most we will pay for each location under (b) Insect or vermin damage that is this Additional Coverage is $10,000 for the hidden from view, unless the sum of all such expenses arising out of presence of such damage is known Covered Causes of Loss occurring during to an insured prior to collapse; each separate 12 month period of this policy. (c) Use of defective material or methods c. Preservation of Property in construction, remodeling or If it is necessary to move Covered Property renovation if the abrupt collapse from the described premises to preserve it occurs during the course of the from loss or damage by a Covered Cause of construction, remodeling or Loss, we will pay for any direct physical loss renovation. of or damage to that property: (d) Use of defective material or methods (1) While it is being moved or while in construction, remodeling or temporarily stored at another location; renovation if the abrupt collapse and occurs after the construction, (2) Only if the loss or damage occurs within remodeling or renovation is complete, 30 days after the property is first moved. but only if the collapse is caused in part by: We will not pay for any loss or damage (i) A cause of loss listed in under this Additional Coverage if the paragraph (2)(a) or(2)(b); Covered Property was moved from the described premises to preserve it from loss (ii) One or more of the specified or damage by a cause of loss that is not a causes of/oss; Covered Cause of Loss. (iii) Breakage of building glass; d. Fire Department Service Charge (iv)Weight of people or personal When the fire department is called to save or property; or protect Covered Property from a Covered (v) Weight of rain that collects on a Cause of Loss, we will pay up to $2,500, roof. unless a different limit is shown in the (3) This Additional Coverage - Collapse Declarations, for your liability for fire does not apply to: department service charges: (a) A building or any part of a building (1) Assumed by contract or agreement prior that is in danger of falling down or to loss; or caving in; (2) Required by local ordinance. (b) A part of a building that is standing, e. Collapse even if it has separated from another The coverage provided under this Additional part of the building; or Coverage - Collapse applies only to an (c) A building that is standing or any part abrupt collapse as described and limited in of a building that is standing, even if it paragraphs e(1)through e(7). shows evidence of cracking, bulging, (1) For the purpose of this Additional sagging, bending, leaning, settling, Coverage - Collapse, abrupt collapse shrinkage or expansion. means an abrupt falling down or caving (4) With respect to the following property: in of a building or any part of a building (a) Awnings; with the result that the building or part of the building cannot be occupied for its (b) Gutters and downspouts; intended purpose. (c) Yard fixtures; CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�ge�bL Of 1000 (d) Outdoor swimming pools; cost to tear out and replace any part of the (e) Piers, wharves and docks; building or structure to repair damage to the (f) Beach or diving platforms or system or appliance from which the water or other substance escapes. appurtenances; (g) Retaining walls; and �Ne will not pay the cost to repair any defect that caused the loss or damage, but we will (h) Walks, roadways and other paved pay the cost to repair or replace damaged surfaces; parts or fire extinguishing equipment if the if an abrupt collapse is caused by a damage: cause of loss listed in paragraphs (2)(a) (1) Results in discharge of any substance through (2)(d), we will pay for loss or from an automatic fire protection system; damage to that property only if such loss or or damage is a direct result of the abrupt (2) Is directly caused by freezing. collapse of a building insured under this policy and the property is Covered 9• Business Income and Extra Expense Property under this policy. (1) We will pay for the actual loss of (5) If personal property abruptly falls down or Business Income you sustain due to the caves in and such collapse is not the necessary suspension of your operations result of abrupt collapse of a building, we during the period of restoration. The will pay for loss or damage to Covered suspension must be caused by direct Property caused by such collapse of physical loss of or damage to property at personal property only if: the described premises. The loss or (a) The collapse of personal property damage must be caused by or result from a Covered Cause of Loss. With was caused by a cause of loss listed respect to loss of or damage to personal in paragraphs (2)(a) through (2)(d) of property in the open or personal property this Additional Coverage; in a vehicle, the described premises (b) The personal property which include the area within 100 feet of the collapses is inside a building; and site at which the described premises are (c) The property which collapses is not located. of a kind listed in paragraph (4), With respect to the requirements set forth regardless of whether that kind of in the preceding paragraph, if you occupy property is considered to be personal only part of the site at which the property or real property. described premises are located, your The coverage stated in this paragraph (5) premises means: does not apply to personal property if (a) The portion of the building which you marring and/or scratching is the only rent, lease or occupy; and damage to that personal property caused (b) Any area within the building or on the by the collapse. site at which the described premises (6) This Additional Coverage - Collapse are located, if that area services, or is does not apply to personal property that used to gain access to, the described has not abruptly fallen down or caved in, premises. even if the personal property shows (2) Business income means the: evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or (a) Net income (Net Profit or Loss before expansion. income taxes) that would have been (7) This Additional Coverage - Collapse will earned or incurred if no physical loss or damage had occurred, but not not increase the Limits of Insurance including any Net Income that would provided in this policy. likely have been earned as a result of (8) The term Covered Cause of Loss an increase in the volume of includes the Additional Coverage - business due to favorable business Collapse as described and limited in conditions caused by the impact of paragraphs e(1)through e(7). the Covered Cause of Loss on f. Water, Other Liquids, Powder or Molten customers or on other businesses; Material Damage and If loss or damage caused by or resulting (b) Continuing normal operating from covered water or other liquid, powder or expenses incurred, including payroll. molten material occurs, we will also pay the (3) We will pay necessary Extra Expense CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�ge�b;i Of 1000 you incur during the period of restoration produces a Business Income loss that you would not have incurred if there payable under this policy, we will pay for had been no direct physical loss or the actual loss of Business Income you damage to property at the described incur during the period that: premises. The loss or damage must be (a) Begins on the date property, except caused by or result from a Covered finished stock, is actually repaired, Cause of Loss. With respect to loss of or rebuilt or replaced and operations are damage to personal property in the open resumed; and or personal property in a vehicle, the described premises include the area (b) Ends on the earlier of: within 100 feet of the site at which the (i) The date you could restore your described premises are located. operations, with reasonable With respect to the requirements set forth speed, to the level which would in the preceding paragraph, if you occupy generate the Business Income only part of the site at which the amount that would have existed if described premises are located, your no direct physical loss or damage premises means: had occurred; or (a) The portion of the building which you (ii) 30 consecutive days after the rent, lease or occupy; and date determined in (a) above. (b) Any area within the building or on the However, Extended Business Income site at which the described premises does not apply to loss of Business are located, if that area services, or is Income incurred as a result of used to gain access to, the described unfavorable business conditions caused premises. by the impact of the Covered Cause of Loss in the area where the described (4) Extra Expense means expense incurred: premises are located. (a) To avoid or minimize the suspension Loss of Business Income must be of business and to continue caused by direct physical loss or damage operations: at the described premises caused by or (i) At the described premises; or resulting from any Covered Cause of (ii) At replacement premises or at Loss. temporary locations, including (7) With respect to the coverage provided in relocation expenses, and costs to this Additional Coverage, suspension equip and operate the means: replacement or temporary (a) The partial slowdown or complete locations. cessation of your business activities; (b) To minimize the suspension of or business if you cannot continue (b) That a part or all of the described operations. premises is rendered untenantable, if (c) To: coverage for Business Income (i) Repair or replace any property; or applies. (ii) Research, replace or restore the ($) This Additional Coverage is not subject lost information on damaged to the Limits of Insurance. valuable papers and records; h. Civil Authority to the extent it reduces the amount of When a Covered Cause of Loss causes loss that otherwise would have been damage to property other than property at payable under this Additional the described premises, we will pay for the Coverage. actual loss of Business Income you sustain (5) We will only pay for Loss of Business and necessary Extra Expense caused by Income or Extra Expense that you action of civil authority that prohibits access sustain during the period of restoration to the described premises, provided that and that occurs within 12 consecutive both of the following apply: months after the date of direct physical (1) Access to the area immediately loss or damage. Items (1) through (5) of surrounding the damaged property is this Additional Coverage are not subject prohibited by civil authority as a result of to the Limits of Insurance. the damage, and the described premises (6) Extended Business Income. If the are within that area but are not more than necessary suspension of your operations one mile from the damaged property; and CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�ge�b4 Of 1000 (2) The action of civil authority is taken in our written consent to defend against the response to dangerous physical suit, we will pay for any reasonable legal conditions resulting from the damage or expenses that you incur in that defense. continuation of the Covered Cause of (3) For the purpose of this coverage, check Loss that caused the damage, or the includes a substitute check as defined in action is taken to enable a civil authority the Check Clearing for the 21st Century to have unimpeded access to the Act, and will be treated the same as the damaged property. original it replaced. Civil Authority coverage for Business Income (4) The most we will pay for any loss, will begin 72 hours after the time of the first including legal expenses, under this action of civil authority that prohibits access Additional Coverage is $2,500, unless a to the described premises and will apply for higher Limit of Insurance is shown in the a period of up to four consecutive weeks Declarations. from the date on which such coverage began. k. Increased Cost of Construction Civil Authority coverage for necessary Extra (1) This Additional Coverage applies only to Expense will begin immediately after the buildings insured on a replacement cost time of the first action of civil authority that basis. prohibits access to the described premises (2) In the event of damage by a Covered and will end: Cause of Loss to a building that is (1) Four consecutive weeks after the date of Covered Property, we will pay the that action; or increased costs incurred to comply with enforcement of an ordinance or law in (2) When your Civil Authority coverage for the course of repair, rebuilding or Business Income ends; replacement of damaged parts of that whichever is later. property, subject to the limitations stated The definitions of Business Income and in k(3) through k(9) of this Additional Extra Expense contained in the Business Coverage. Income and Extra Expense Additional (3) The ordinance or law referred to in k(2) Coverages also apply to this Civil Authority of this Additional Coverage is an Additional Coverage. The Civil Authority ordinance or law that regulates the Additional Coverage is not subject to the construction or repair of buildings or Limits of Insurance. establishes zoning or land use i. Money Orders and Counterfeit Money requirements at the described premises, We will pay for loss resulting directly from and is in force at the time of loss. your having accepted in good faith, in (4) Under this Additional Coverage, we will exchange for merchandise, money or not pay any costs due to an ordinance or services: law that: (1) Money orders issued by any post office, (a) You are required to comply with express company or bank that are not before the loss, even when the paid upon presentation; or building was undamaged; and (2) Counterfeit money that is acquired during (b) You failed to comply with. the regular course of business. (5) Under this Additional Coverage, we will The most we will pay for any loss under this not pay for: Additional Coverage is $1,000. (a) The enforcement of any ordinance or j. Forgery and Alteration law which requires demolition, repair, (1) We will pay for loss resulting directly from replacement, reconstruction, forgery or alteration of, any check, draft, remodeling or remediation of property promissory note, bill of exchange or due to contamination by pollutants or similar written promise of payment in due to the presence, growth, proliferation, spread or any activity of money, that you or your agent has fungi, wet rot or dry rot; or issued, or that was issued by someone who impersonates you or your agent. (b) Any costs associated with the (2) If you are sued for refusing to pay the enforcement of an ordinance or law which requires any insured or others check, draft, promissory note, bill of to test for, monitor, clean up, remove, exchange or similar written promise of contain, treat, detoxify or neutralize, payment in money, on the basis that it or in any way respond to or assess has been forged or altered, and you have CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�ge��Of 1000 the effects of pollutants, fungi, wet rot Business Income you sustain due to or dry rot. physical loss or damage at the premises (6) The most we will pay under this of a dependent property caused by or Additional Coverage, for each described resulting from any Covered Cause of building insured under this Coverage Loss. Form is $10,000. If a damaged However, this Additional Coverage does building(s) is covered under a blanket not apply when the only loss to Limit of Insurance which applies to more dependent property is loss or damage to than one building or item of property, electronic data, including destruction or then the most we will pay under this corruption of electronic data. If the Additional Coverage, for each damaged dependent property sustains loss or building, is $10,000. damage to electronic data and other The amount payable under this property, coverage under this Additional Additional Coverage is additional Coverage will not continue once the insurance. other property is repaired, rebuilt or replaced. (7) With respect to this Additional Coverage: The most we will pay under this (a) We will not pay for the Increased Additional Coverage is $5,000 unless a Cost of Construction: higher Limit of Insurance is indicated in (i) Until the property is actually the Declarations. repaired or replaced, at the same (2� We will reduce the amount of your or another premises; and Business Income loss, other than Extra (ii) Unless the repairs or replacement Expense, to the extent you can resume are made as soon as reasonably operations, in whole or in part, by using possible after the loss or damage, any other available: not to exceed two years. We may (a) Source of materials; or extend this period in writing during the two years. (b) Outlet for your products. (b) If the building is repaired or replaced (3) If you do not resume operations, or do at the same premises, or if you elect not resume operations as quickly as to rebuild at another premises, the possible, we will pay based on the length most we will pay for the Increased of time it would have taken to resume Cost of Construction is the increased operations as quickly as possible. cost of construction at the same (4) Dependent property means property premises. owned by others whom you depend on (c) If the ordinance or law requires to: relocation to another premises, the (a) Deliver materials or services to you, most we will pay for the Increased or to others for your account. But Cost of Construction is the increased services does not mean water, cost of construction at the new communication or power supply premises. services; (8) This Additional Coverage is not subject (b) Accept your products or services; to the terms of the Ordinance or Law (c) Manufacture your products for Exclusion, to the extent that such delivery to your customers under Exclusion would conflict with the contract for sale; or provisions of this Additional Coverage. (9) The costs addressed in the Loss (d) Attract customers to your business. Payment and Valuation Property Loss The dependent property must be located Condition in this Coverage Form do not in the coverage territory of this policy. include the increased cost attributable to (5) The coverage period for Business enforcement of an ordinance or law. The Income under this Additional Coverage: amount payable under this Additional (a) Begins 72 hours after the time of Coverage, as stated in k(6) of this direct physical loss or damage Additional Coverage, is not subject to caused by or resulting from any such limitation. Covered Cause of Loss at the I. Business Income From Dependent premises of the dependent property; Properties and (1) We will pay for the actual loss of (b) Ends on the date when the property CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�ge�bb Of 1000 at the premises of the dependent o. Water Backup of Sewers or Drains - property should be repaired, rebuilt or Computers replaced with reasonable speed and (1) We will pay for loss or damage to similar quality. computer(s) and electronic media and (6) The Business Income coverage period, records caused by or resulting from as stated in paragraph (5), does not water that backs up, or overflows from a include any increased period required sewer, drain or sump. due to the enforcement of any ordinance (2) Property Exclusions item g(3) does not or law that: apply to this Additional Coverage. (a) Regulates the construction, use or p, Electronic Data repair, or requires the tearing down of any property; or (1) Subject to the provisions of this (b) Requires any insured or others to test Additional Coverage, we will pay for the cost to replace or restore electronic data for, monitor, clean up, remove, which has been destroyed or corrupted contain, treat, detoxify or neutralize, by a Covered Cause of Loss. To the or in any way respond to, or assess extent that electronic data is not replaced the effects of pollutants. or restored, the loss will be valued at the The expiration date of this policy will not cost of replacement of the media on reduce the Business Income coverage which the electronic data was stored, period. with blank media of substantially identical (7) The definition of Business Income type. contained in the Business Income (2) The Covered Causes of Loss applicable Additional Coverage also applies to this to Business Personal Property include a Business Income From Dependent virus, harmful code or similar instruction Properties Additional Coverage. introduced into or enacted on a computer m. Glass Expenses system (including electronic data) or a (1) We will pay for expenses incurred to put network to which it is connected, up temporary plates or board up designed to damage or destroy any part of the system or disrupt its normal openings if repair or replacement of operation. But there is no coverage for damaged glass is delayed. loss or damage caused by or resulting (2) We will pay for expenses incurred to from manipulation of a computer system remove or replace obstructions when (including electronic data) by any repairing or replacing glass that is part of employee, including a temporary or a building. This does not include leased employee, or by an entity retained removing or replacing window displays. by you, or for you, to inspect, design, n. Fire Extinguisher Systems Recharge install, modify, maintain, repair or replace Expense that system. (1) We will pay: (3) The most we will pay under this Additional Coverage - Electronic Data for (a) The cost of recharging or replacing, all loss or damage sustained in any one whichever is less, your fire policy year, regardless of the number of extinguishers and fire extinguishing occurrences of loss or damage or the systems (including hydrostatic testing number of premises, locations or if needed) if they are discharged on computer systems involved, is $10,000, or within 100 feet of the described unless a higher Limit of Insurance is premises; and shown in the Declarations. If loss (b) For loss or damage to Covered payment on the first occurrence does not Property if such loss or damage is exhaust this amount, then the balance is the result of an accidental discharge available for subsequent loss or damage of chemicals from a fire extinguisher sustained in, but not after, that policy or a fire extinguishing system. year. With respect to an occurrence (2) No coverage will apply if the fire which begins in one policy year and extinguishing system is discharged continues or results in additional loss or during installation or testing. damage in a subsequent policy year(s), (3) The most we will pay under this all loss or damage is deemed to be Additional Coverage is $5,000 in any one sustained in the policy year in which the occurrence. occurrence began. CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age�b/ Of 1000 q. Interruption of Computer Operations interruption which begins in one policy (1) Subject to all provisions of this Additional year and continues or results in Coverage, you may extend the insurance additional loss or expense in a that applies to Business Income and subsequent policy year(s), all loss and Extra Expense to apply to a suspension expense is deemed to be sustained or of operations caused by an interruption in incurred in the policy year in which the computer operations due to destruction interruption began. or corruption of electronic data due to a (4) This Additional Coverage - Interruption of Covered Cause of Loss. Computer Operations does not apply to (2) With respect to the coverage provided loss sustained or expense incurred after under this Additional Coverage, the the end of the period of restoration even Covered Causes of Loss are subject to if the amount of insurance stated in (3) the following: above has not been exhausted. (a) Coverage under this Additional (5) Coverage for Business Income does not Coverage - Interruption of Computer apply when a suspension of operations is Operations is limited to the specified caused by destruction or corruption of causes of/oss and Collapse. electronic data, or any loss or damage to (b) If the Deluxe Bis-Pak° Property electronic data, except as provided under Coverage Form is endorsed to add a paragraphs (1) through (4) of this Covered Cause of Loss, the Additional Coverage. additional Covered Cause of Loss (6) Coverage for Extra Expense does not does not apply to the coverage apply when action is taken to avoid or provided under this Additional minimize a suspension of operations Coverage. caused by destruction or corruption of (c) The Covered Causes of Loss include electronic data, or any loss or damage to a virus, harmful code or similar electronic data, except as provided under instruction introduced into or enacted paragraphs (1) through (4) of this on a computer system (including Additional Coverage. electronic data) or a network to which r. Limited Coverage for Fungi, Wet Rot Or it is connected, designed to damage Dry Rot or destroy any part of the system or (1) The coverage described in paragraphs disrupt its normal operation. But there r(2) and r(6) only applies when the fungi, is no coverage for an interruption wet rot or dry rot are the result of one or related to manipulation of a computer more of the following causes that occur system (including electronic data) by during the policy period and only if all any employee, including a temporary reasonable means were used to save or leased employee, or by an entity and preserve the property from further retained by you, or for you, to damage at the time of and after that inspect, design, install, modify, occurrence. maintain, repair or replace that (a) A specified cause of loss other than system. fire or lightning; or (3) The most we will pay under this (b) Flood, if the Flood Damage Additional Coverage - Interruption of Endorsement applies to the affected Computer Operations for all loss premises. sustained and expense incurred in any one policy year, regardless of the (2) We will pay for loss or damage by fungi, number of interruptions or the number of wet rot or dry rot. As used in this Limited premises, locations or computer systems Coverage, the term loss or damage involved, is $10,000, unless a higher means: Limit of Insurance is shown in the (a) Direct physical loss or damage to Declarations. If loss payment relating to Covered Property caused by fungi, the first interruption does not exhaust this wet rot or dry rot, including the cost amount, then the balance is available for or removal of the fungi, wet rot or dry loss or expense sustained or incurred as rot; a result of subsequent interruptions in (b) The cost to tear out and replace any that policy year. A balance remaining at part of the building or other property the end of a policy year does not as needed to gain access to the increase the amount of insurance in the fungi, wet rot or dry rot; and next policy year. With respect to any (c) The cost of testing perFormed after CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age�btf Of 1000 removal, repair, replacement or Coverage. restoration of the damaged property (5) The terms of this Limited Coverage do is completed, provided there is a not increase or reduce the coverage reason to believe that fungi, wet rot provided under the Water Damage, or dry rot are present. Other Liquids, Powder or Molten Material (3) The coverage described under this Damage or Collapse Additional Limited Coverage is limited to $15,000. Coverages. Regardless of the number of claims, this (6) The following applies only if Business limit is the most we will pay for the total Income and/or Extra Expense Coverage of all loss of damage arising out of all applies to the described premises and occurrences of specified causes of /oss only if the suspension of operations (other than fire or lightning) and flood satisfies all the terms and conditions of which take place in a 12-month period the applicable Business Income and/or (starting with the beginning of the present Extra Expense Additional Coverage. annual policy period). With respect to a particular occurrence of loss which (a) If the loss which resulted in fungi, wet results in fungi, wet rot or dry rot, we will rot or dry rot does not in itself not pay more than the total of $15,000 necessitate a suspension of even if the fungi, wet rot or dry rot operations, but such suspension is continue to be present or active, or recur, necessary due to loss or damage to in a later policy period. property caused by fungi, wet rot or (4) The coverage provided under this dry rot, then our payment under the Business Income and/or Extra Limited Coverage does not increase the Expense is limited to the amount of applicable Limit of Insurance on any loss and/or expense sustained in a Covered Property. If a particular period of not more than 30 days. The occurrence results in loss or damage by days need not be consecutive. fungi, wet rot or dry rot, and other loss or damage, we will not pay more, for the (b) If a covered suspension of operations total of all loss or damage, than the was caused by loss or damage other applicable Limit of Insurance on the than fungi, wet rot or dry rot, but affected Covered Property. remediation of fungi, wet rot or dry rot prolongs the period of restoration, we If there is covered loss or damage to will pay for loss and/or expense Covered Property, not caused by fungi, sustained during the delay wet rot or dry rot, loss payment will not (regardless of when such a delay be limited by the terms of this Limited occurs during the period of Coverage, except to the extent that fungi, restoration), but such coverage is wet rot or dry rot cause an increase in limited to 30 days. The days need not the loss. Any such increase in the loss be consecutive. will be subject to the terms of this Limited PROPERTY EXTENSIONS OF COVERAGE In addition to the Limits of Insurance, you may extend than the described premises, intended the insurance provided by this policy as provided for: below. (a) Similar use as the building described Except as otherwise provided, the following in the Declarations; or Extensions apply to property located in or on the (b) Use as a warehouse. building described in the Declarations or in the open (or in a vehicle) within 100 feet of the described The most we will pay for loss or damage premises. under this Extension is $500,000 for each building. 1. Newly Acquired or Constructed Property a. Buildings b. Business Personal Property If this policy covers Business Personal You may extend the insurance that applies Pro ert to Buildings to apply to: a p to:� you may extend that insurance to pp Y (1) Your new buildings or new additions, (1) Business Personal Property, including while being built on the described such property that you newly acquire, at premises; and any location you acquire; (2) Buildings you acquire at locations, other (2) Business Personal Property, including CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age�bJ Of 1000 such property that you newly acquire, other than money and securities, valuable located at your newly constructed or papers and records or accounts receivable, acquired buildings at the location while it is in the course of transit or described in the Declarations; or temporarily at a premises you do not own, (3) Business Personal Property that you lease or operate. The most we will pay for newly acquire, located at the described loss or damage under this Extension is premises. $10,000. This Extension does not apply to This Extension does not apply to personal Covered Property in or on a vehicle or to property that you temporarily acquire in the loss or damage to tools or equipment used in course of installing or performing work on Your business. such property or your wholesale activities. b. However, under this Extension, we will pay The most we will pay for loss or damage for loss or damage to computer(s) up to the Business Personal Property Limit shown in under this Extension is $100,000 at each the Declarations. building. c. Period Of Coverage 4. Property in Transit You may extend the insurance that applies to With respect to insurance on or at each Business Personal Property to apply to your newly acquired or constructed property, personal property in transit more than 100 feet coverage will end when any of the following from the described premises. Property must be first occurs: in or on a motor vehicle you own, lease or (1) This policy expires; operate while between points in the coverage (2) 30 days expire after you acquire the territory. property or begin construction of that part The most we will pay for loss or damage under of the building that would qualify as this Extension is $10,000. However, under this covered property; or Extension, we will pay for loss or damage to (3) You report values to us. computer(s) up to the Business Personal We will charge you additional premium for Property Limit shown in the Declarations. values reported from the date you acquire 5. Outdoor Property the property or begin construction of that part a. You may extend the insurance provided by of the building that would qualify as covered this Coverage Form to apply to your outdoor property. fences, radio and television antennas 2. Personal Effects and Property of Others (including satellite dishes), signs (other than a. You may extend the insurance that applies signs attached to buildings), trees, shrubs to Business Personal Property to apply to: and plants (other than stock of trees, shrubs or plants), including debris removal expense. (1) Your personal effects meaning personal Loss or damage must be caused by or result property owned by you, your officers, from any of the following causes of loss: your partners or members, your (1) Fire; managers or your employees. This Extension does not apply to loss or (2) Lightning; damage by theft or to tools or equipment (3) Explosion; used in your business. (4) Riot or Civil Commotion; or (2) Personal property in your care, custody (5) Aircraft. or control belonging to other than you, your officers, your partners or members, The most we will pay for loss or damage your managers or your employees. This under this Extension is $2,500 unless a Extension does not apply to loss or higher Limit of Insurance for Outdoor damage to tools or equipment used in Property is shown in the Declarations, but your business. not more than $1,000 for any one tree, shrub b. The most we will pay for loss or damage or plant. under this Extension is $5,000 at each 6. Valuable Papers and Records described premises. Our payment for loss of a. You may extend the insurance that applies or damage to personal property of others will to Business Personal Property to apply to only be for the account of the owner of the direct physical loss or damage to valuable property. papers and records that you own, or that are 3. Property Off-Premises in your care, custody or control, caused by or a. You may extend the insurance provided by resulting from a Covered Cause of Loss. This Coverage Extension includes the cost this policy to apply to your Covered Property, to research, replace or restore lost CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age�/U Of 1000 information on valuable papers and records b. The most we will pay under this Coverage for which duplicates do not exist. Extension for loss or damage in any one b. This Coverage Extension does not apply to: occurrence at the described premises is (1) Property held as samples or for delivery $10,000, unless a higher Limit of Insurance after sale; and for Accounts Receivable is shown in the Declarations. (2) Property in storage away from the For accounts receivable not at the described premises shown in the Declarations. premises, the most we will pay is $5,000. c. The most we will pay under this Coverage c. Property Exclusions does not apply to this Extension for loss or damage to valuable Coverage Extension except for: papers and records in any one occurrence at the described premises is $10,000 unless a (1) 1c, Governmental Action; higher Limit of Insurance for Valuable (2) 1d, Nuclear Hazard; Papers and Records is shown in the (3) 1f, War and Military Action; Declarations. For valuable papers and records not at the (4) 2f, Dishonesty; described premises, the most we will pay is (5) 2g, False Pretense; $5,000. (6) 3; and d. Loss or damage to valuable papers and (7) The Accounts Receivable Exclusion. records will be valued at the cost of g, Money and Securities restoration or replacement of the lost or damaged information. To the extent that the a. We will pay for loss of money and securities contents of the valuable papers and records used in your business while at a bank or are not restored, the valuable papers and savings institution, within your living quarters records will be valued at the cost of or the living quarters of your partners or any replacement with blank materials of employee having use and custody of the substantially identical type. property, at the described premises or in transit between any of these places, e. Property Exclusions does not apply to this resulting directly from: Coverage Extension except for: (1) 1c, Governmental Action; (1) Theft, meaning any act of stealing; (2) 1d, Nuclear Hazard; (2) Disappearance; or (3) Destruction. (3) 1f, War and Military Action; b. In addition to the Limitations and Exclusions (4) 2f, Dishonesty; applicable to property coverage, we will not (5) 2g, False Pretense; pay for loss: (6) Paragraph 2m(2), Errors or Omissions; (1) Resulting from accounting or arithmetical and errors or omissions; (7) 3. (2) Due to the giving or surrendering of 7. Accounts Receivable property in any exchange or purchase; or a. You may extend the insurance that applies (3) Of property contained in any to Business Personal Property to apply to money-operated device unless the accounts receivable. We will pay: amount of money deposited in it is recorded by a continuous recording (1) All amounts due from your customers instrument in the device. that you are unable to collect; (2) Interest charges on any loan required to c. The most we will pay for loss in any one occurrence is: offset amounts you are unable to collect pending our payments of these amounts; (1) The limit shown in the Declarations for (3) Collection expenses in excess of your Inside the Premises for money and normal collection expenses that are securities while: made necessary by loss or damage; and (a) In or on the described premises; or (4) Other reasonable expenses that you (b) Within a bank or savings institution; incur to re-establish your records of and accounts receivable; (2) The limit shown in the Declarations for that result from direct physical loss or Outside the Premises for money and damage by any Covered Cause of Loss to securities while anywhere else. your records of accounts receivable. d. All loss: CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age�/l Of 1000 (1) Caused by one or more persons; or e. You must keep records of all money and (2) Involving a single act or series of related securities so we can verify the amount of any acts; loss or damage. is considered one occurrence. PROPERTY EXCLUSIONS 1. We will not pay for loss or damage caused But, if volcanic eruption, explosion or directly or indirectly by any of the following. Such effusion results in fire, building glass loss or damage is excluded regardless of any breakage or volcanic action, we will pay other cause or event that contributes for the loss or damage caused by that concurrently or in any sequence to the loss. fire, building glass breakage or volcanic These exclusions apply whether or not the loss action. event results in widespread damage or affects a Volcanic action means direct loss or substantial area. damage resulting from the eruption of a a. Ordinance or Law volcano when the loss or damage is The enforcement of any ordinance or law: caused by: (1) Regulating the construction, use or repair (a) Airborne volcanic blast or airborne of any property; or shock waves; (2) Requiring the tearing down of any (b) Ash, dust, or particulate matter; or property, including the cost of removing (c) Lava flow. its debris. With respect to coverage for Volcanic This exclusion, Ordinance or Law, applies Action as set forth in (5)(a), (5)(b) and whether the loss results from: (5)(c), all volcanic eruptions that occur (1) An ordinance or law that is enforced within any 168-hour period will constitute even if the property has not been a single occurrence. damaged; or Volcanic action does not include the cost (2) The increased costs incurred to comply to remove ash, dust or particulate matter with an ordinance or law in the course of that does not cause direct physical loss construction, repair, renovation, of or damage to Covered Property. remodeling or demolition of property or This exclusion applies regardless of whether removal of its debris, following a physical any of the above, in paragraphs (1) through loss to that property. (5), is caused by an act of nature or is b. Earth Movement otherwise caused. (1) Earthquake, including tremors and c. Governmental Action aftershocks and any earth sinking, rising Seizure or destruction of property by order of or shifting related to such event; governmental authority. (2) Landslide, including any earth sinking, But we will pay for loss or damage caused rising or shifting related to such event; by or resulting from acts of destruction (3) Mine subsidence, meaning subsidence of ordered by governmental authority and taken a man-made mine, whether or not mining at the time of a fire to prevent its spread, if activity has ceased; the fire would be covered under this policy. (4) Earth sinking (other than sinkhole d. Nuclear Hazard collapse), rising or shifting including soil Nuclear reaction or radiation, or radioactive conditions which cause settling, cracking contamination, however caused. or other disarrangement of foundations But, if nuclear reaction or radiation, or or other parts of realty. Soil conditions radioactive contamination results in fire, we include contraction, expansion, freezing, will pay for the loss or damage caused by thawing, erosion, improperly compacted that fire. soil and the action of water under the ground surface. e. Utility Services But if Earth Movement, as described in The failure of power, communication, water paragraphs (1) through (4) above, results in or other utility service supplied to the fire or explosion, we will pay for the loss or described premises, however caused, if the damage caused by that fire or explosion. failure: (5) Volcanic eruption, explosion or effusion. (1) Originates away from the described CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age�/L Of 1000 premises; or paragraph (1), (3) or (4), or material (2) Originates at the described premises, but carried or otherwise moved by mudslide only if such failure involves equipment or mudflow. used to supply the utility service to the This exclusion applies regardless of whether described premises from a source away any of the above, in paragraphs (1) through from the described premises. (5), is caused by an act of nature or is Failure of any utility service includes lack of otherwise caused. An example of a situation sufficient capacity and reduction in supply. to which this exclusion applies is the situation where a dam, levee, seawall or Loss or damage caused by a surge of power other boundary or containment system fails is also excluded, if the surge would not have in whole or in part, for any reason, to contain occurred but for an event causing a failure of the water. power. But if the failure or surge of power, or the But if any of the above, in paragraphs (1) through (5), results in fire, explosion or failure of communication, water or other sprinkler leakage, we will pay for the loss or utility service, results in a Covered Cause of damage caused by that fire, explosion or Loss, we will pay for the loss or damage sprinkler leakage. caused by that Covered Cause of Loss. h. Fungi,Wet Rot or Dry Rot Communication services include but are not limited to service relating to Internet access Presence, growth, proliferation, spread or or access to any electronic, cellular or any activity of fungi, wet rot or dry rot. satellite network. But if fungi, wet rot or dry rot result in a This exclusion does not apply to loss or specified cause of loss, we will pay for the damage to computer(s) and electronic data. loss or damage caused by that specified f. War and Military Action cause of/oss. (1) War, including undeclared or civil war; This exclusion does not apply: (2) Warlike action by a military force, �1) When fungi, wet rot or dry rot result from including action in hindering or defending fire or lightning; or against an actual or expected attack, by (2) To the extent that coverage is provided in any government, sovereign or other the Limited Coverage for Fungi, Wet Rot authority using military personnel or other or Dry Rot Additional Coverage, with agents; or respect to loss or damage by a cause of (3) Insurrection, rebellion, revolution, loss other than fire or lightning. usurped power, or action taken by i. Virus Or Bacteria governmental authority in hindering or (1) Any virus, bacterium or other defending against any of these. microorganism that induces or is capable g. Water of inducing physical distress, illness or (1) Flood, surFace water, waves (including disease. tidal wave and tsunami), tides, tidal (2) However, the exclusion in paragraph (1) water, overflow of any body of water, or does not apply to loss or damage caused spray from any of these, all whether or by or resulting from fungi, wet rot or dry not driven by wind (including storm rot. Such loss or damage is addressed in surge); Exclusion h; (2) Mudslide or mudflow; (3) With respect to any loss or damage (3) Water that backs up or overflows or is subject to the exclusion in paragraph (1), such exclusion supersedes any exclusion otherwise discharged from a sewer, relating to pollutants. drain, sump, sump pump or related equipment; j. Certain Computer-Related Losses (4) Water under the ground surface pressing (1) The failure, malfunction or inadequacy of: on, or flowing or seeping through: (a) Any of the following, whether (a) Foundations, walls, floors or paved belonging to any insured or to others: surfaces; (i) Computer hardware, including (b) Basements, whether paved or not; or microprocessors or other (c) Doors, windows or other openings; or electronic data processing equipment as may be described (5) Waterborne material carried or otherwise elsewhere in this policy; moved by any of the water referred to in (ii) Computer application software or CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age�/;i Of 1000 other electronic data as may be (3) Pulse of electromagnetic energy; or described elsewhere in this (4) Electromagnetic waves or microwaves. policy; But if fire results, we will pay for the loss or (iii) Computer operating systems and damage caused by fire. related software; We will pay for loss or damage to (iv) Computer networks; computer(s) due to artificially generated (v) Microprocessors (computerchips) electrical, magnetic or electromagnetic not part of any computer system; energy if such loss or damage is caused by or or results from: (vi)Any other computerized or (1) An occurrence that took place within 100 electronic equipment or feet of the described premises; or components; or (2) Interruption of electric power supply, (b) Any other products, and any power surge, blackout or brownout if the services, data or functions that cause of such occurrence took place directly or indirectly use or rely upon, within 100 feet of the described in any manner, any of the items listed premises. in paragraph (a)above; b. Consequential Losses due to the inability to correctly recognize, Delay, loss of use or loss of market. distinguish, interpret or accept one or more dates or times. An example is the c. Smoke, Vapor, Gas inability of computer software to Smoke, vapor or gas from agricultural recognize the year 2000. smudging or industrial operations. (2) Any advice, consultation, design, d. Steam Apparatus evaluation, inspection, installation, Explosion of steam boilers, steam pipes, maintenance, repair, replacement or steam engines or steam turbines owned or supervision provided or done by you or leased by you, or operated under your for you to determine, rectify or test for, control. any potential or actual problems described in paragraph (1)above. But, if explosion of steam boilers, steam pipes, steam engines or steam turbines If excluded loss or damage as described in results in fire or combustion explosion, we paragraph 1 a of this endorsement results in will pay for the loss or damage caused by a specified cause of loss, we will pay only for that fire or combustion explosion. We will the loss or damage caused by such specified also pay for loss or damage caused by or cause of/oss. resulting from the explosion of gases or fuel We will not pay for repair, replacement or within the furnace of any fired vessel or modification of any items in paragraphs within the flues or passages through which (1)(a) or (1)(b) endorsement to correct any the gases of combustion pass. deficiencies or change any features. e. Frozen Plumbing 2. We will not pay for loss or damage caused by or Water, other liquids, powder or molten resulting from any of the following: material that leaks or flows from plumbing, a. Electrical Apparatus heating, air conditioning or other equipment Artificially generated electrical, magnetic or (except fire protective systems) caused by or electromagnetic energy that damages, resulting from freezing, unless: disturbs, disrupts or otherwise interferes with (1) You do your best to maintain heat in the any: building or structure; or (1) Electrical or electronic wire, device, (2) You drain the equipment and shut off the appliance, system or network; or supply if the heat is not maintained. (2) Device, appliance, system or network f. Dishonesty utilizing cellular or satellite technology. Dishonest or criminal acts by you, anyone For the purpose of this exclusion, electrical, else with an interest in the property, or any of magnetic or electromagnetic energy includes your or their partners, members, officers, but is not limited to: managers, employees, directors, trustees, (1) Electrical current, including arcing; authorized representatives or anyone to whom you entrust the property for any (2) Electrical charge produced or conducted purpose: by a magnetic or electromagnetic field; (1) Acting alone or in collusion with others; CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age�/4 Of 1000 or seepage, migration, release or escape of (2) Whether or not occurring during the pollutants unless the discharge, dispersal, hours of employment. seepage, migration, release or escape is This exclusion does not apply to acts of itself caused by any of the specified causes destruction by your employees; but theft by of loss. But, if the discharge, dispersal, seepage, migration, release or escape of employees is not covered. pollutants results in a specified cause of With respect to accounts receivable and loss, we will pay for the loss or damage valuable papers and records, this exclusion caused by that specified cause of/oss. does not apply to carriers for hire. k. Neglect This exclusion does not apply to coverage Neglect of an insured to use all reasonable that is provided under the Employee means to save and preserve property from Dishonesty Optional Coverage. further damage at and after the time of loss. g. False Pretense I. Other Types of Loss Voluntary parting with any property by you or (1) Wear and tear; anyone else to whom you have entrusted the property if induced to do so by any (2) Rust or other corrosion, decay, fraudulent scheme, trick, device or false deterioration, hidden or latent defect or pretense. any quality in property that causes it to h. Exposed Property damage or destroy itself; Rain, snow, ice or sleet to personal property (3) Smog; in the open. (4) Settling, cracking, shrinking or i. Collapse expansion; (1) Collapse, including any of the following (5) Nesting or infestation, or discharge or conditions of property or any part of the release of waste products or secretions, ro ert by insects, birds, rodents or other p p y� animals; (a) An abrupt falling down or caving in; (6) Mechanical breakdown, including rupture (b) Loss of structural integrity, including or bursting caused by centrifugal force. separation of parts of the property or This exclusion does not apply with property in danger of falling down or respect to the breakdown of computer(s); caving in; or (7) The following causes of loss to personal (c) Any cracking, bulging, sagging, ro ert bending, leaning, settling, shrinkage p p y� or expansion as such condition (a) Dampness or dryness of atmosphere; relates to paragraph i(1)(a)or i(1)(b). (b) Changes in or extremes of But if collapse results in a Covered temperature; or Cause of Loss at the described (c) Marring or scratching. premises, we will pay for the loss or But, if an excluded cause of loss that is listed damage caused by that Covered Cause in 21(1) through (7) results in a specified of Loss. cause of loss, or building glass breakage, we (2) This Exclusion i, does not apply: will pay for the loss or damage caused by (a) To the extent that coverage is that specified cause of loss or building glass provided under the Additional breakage. Coverage- Collapse; or m. Errors or Omissions (b) To collapse caused by one or more Errors or omissions in: of the following: (1) Programming, processing or storing data, (i) The specified causes of/oss; as described under electronic data or in (ii) Breakage of building glass; any computeroperations; or (iii) Weight of rain that collects on a (2) Processing or copying valuable papers roof; or and records. (iv)Weight of people or personal However, we will pay for direct physical loss property. or damage caused by resulting fire or j. Pollution explosion if these causes of loss would be covered by this coverage form. We will not pay for loss or damage caused by or resulting from the discharge, dispersal, CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age��Of 1000 n. Installation, Testing, Repair merchandise, goods or other product caused by Errors or deficiency in design, installation, or resulting from error or omission by any person testing, maintenance, modification or repair or entity (including those having possession of your computer system including electronic under an arrangement where work or a portion data. of the work is outsourced) in any stage of the However, we will pay for direct physical loss development, production or use of the product, including planning, testing, processing, or damage caused by resulting fire or packaging, installation, maintenance or repair. explosion if these causes of loss would be This exclusion applies to any effect that covered by this coverage form. compromises the form, substance or quality of o. Electrical Disturbance the product. But if such error or omission results Electrical or magnetic injury, disturbance or in a Covered Cause of Loss, we will pay for the erasure of electronic data, except as loss or damage caused by that Covered Cause provided for under the Additional Coverages of Loss. section. 5. Business Income and Extra Expense However, we will pay for direct loss or Exclusions damage caused by lightning. a. We will not pay for: p. Continuous or Repeated Seepage or (1) Any Extra Expense or increase of Leakage of Water Business Income loss, caused by or Continuous or repeated seepage or leakage resulting from: of water, or the presence or condensation of (a) Delay in rebuilding, repairing or humidity, moisture or vapor, that occurs over replacing the property or resuming a period of 14 days or more. operations, due to interference at the 3. We will not pay for loss or damage caused by or location of the rebuilding, repair or resulting from any of the following 3a through c. replacement by strikers or other But if an excluded cause of loss that is listed in persons; or 3a through c results in a Covered Cause of (b) Suspension, lapse or cancellation of Loss, we will pay for the loss or damage caused any license, lease or contract. But if by that Covered Cause of Loss. the suspension, lapse or cancellation a. Weather Conditions is directly caused by the suspension But this exclusion only applies if weather of operations, we will cover such loss conditions contribute in any way with a that affects your Business Income cause or event excluded in paragraph 1 during the period of restoration and above to produce the loss or damage. any extension of the period of restoration in accordance with the b. Acts or Decisions terms of the Extended Business Acts or decisions, including the failure to act Income Additional Coverage. or decide, of any person, group, organization (2) Any other consequential loss. or governmental body. b. With respect to this exclusion, suspension c. Negligent Work means: Faulty, inadequate or defective: (1) The partial slowdown or complete (1) Planning, zoning, development, cessation of your business activities; and surveying, siting; (2) That a part or all of the described (2) Design, specifications, workmanship, premises is rendered untenantable, if repair, construction, renovation, coverage for Business Income applies. remodeling, grading, compaction; 6. Accounts Receivable Exclusion (3) Materials used in repair, construction, The following additional exclusion applies to the renovation or remodeling; or Accounts Receivable Coverage Extension: (4) Maintenance; We will not pay for: of part or all of any property on or off the a. Loss or damage caused by or resulting from described premises. alteration, falsification, concealment or 4. Additional Exclusion destruction of records of accounts receivable The following applies only to the property done to conceal the wrongful giving, taking specified in this Additional Exclusion. or withholding of money, securities or other property. Loss Or Damage To Products This exclusion applies only to the extent of We will not pay for loss or damage to any CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age�/b Of 1000 the wrongful giving, taking or withholding. c. Any loss or damage that requires any audit b. Loss or damage caused by or resulting from of records or any inventory computation to bookkeeping, accounting or billing errors or prove its factual existence. omissions. PROPERTY LIMITS OF INSURANCE 1. The most we will pay for loss or damage in any $100,000 x .08 x 180 = 365 = $3,945 one occurrence is the applicable Limit of 5. Business Personal Property Limit - Seasonal Insurance shown in the Declarations. Increase 2. The most we will pay for loss of or damage to a. Subject to paragraph 5b, the Limit of outdoor signs attached to buildings is $1,000 per Insurance for Business Personal Property is sign in any one occurrence. automatically increased by: 3. The amounts of insurance applicable to the (1) The Business Personal Property - Coverage Extensions and the following Seasonal Increase percentage shown in Additional Coverages apply in accordance with the Declarations; or the terms of such coverages and are in addition to the Limits of Insurance: (2) 25% if no Business Personal Property - Seasonal Increase percentage is shown a. Fire Department Service Charge; in the Declarations; b. Pollutant Clean-up And Removal; to provide for seasonal variances. c. Increased Cost Of Construction; b. This increase described in paragraph 5a will d. Business Income From Dependent apply only if the Limit of Insurance shown for Properties; Business Personal Property in the e. Electronic Data; and Declarations is at least 100% of your average monthly values during the lesser of: f. Interruption Of Computer Operations. (1) The 12 months immediately preceding 4. Building Limit-Automatic Increase the date the loss or damage occurs; or a. In accordance with paragraph 4b, the Limit (2) The period of time you have been in of Insurance for Buildings will automatically business as of the date the loss or increase by the percentage of annual damage occurs. increase shown in the Declarations. 6. Business Personal Property Limit - b. The amount of increase is calculated as Automatic Increase follows: (1) Multiply the Building limit that applied on a. In accordance with paragraph 6b, the Limit the most recent of the policy inception of Insurance for Business Personal Property will automatically increase by the percentage date, the policy anniversary date, or any of annual increase shown in the other policy change amending the Declarations. Building limit by the percentage of annual increase shown in the Declarations, b. The amount of increase is calculated as expressed as a decimal (example: 8% is follows: .08); and (1) Multiply the Business Personal Property (2) Multiply the number calculated in limit that applied on the most recent of accordance with b(1) by the number of the policy inception date, the policy days since the beginning of the current anniversary date, or any other policy policy year, or the effective date of the change amending the Business Personal most recent policy change amending the Property limit by the percentage of Building limit, divided by 365. annual increase shown in the Declarations, expressed as a decimal Example: (example: 6% is .06); and If: (2) Multiply the number calculated in The applicable Building limit is $100,000 accordance with b(1) by the number of The annual percentage increase is 8% days since the beginning of the current The number of days since the policy year, or the effective date of the most recent policy change amending the beginning of the policy year Business Personal Property limit, divided (or last policy change) is 180 by 365. The amount of increase is Example: CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age�// Of 1000 If: beginning of the policy year The applicable Business Personal (or last policy change) is 180 Property limit is $100,000 The amount of increase is The annual percentage increase is 6% $100,000 x .06 x 180 = 365 = $2,959 The number of days since the PROPERTY OPTIONAL COVERAGES If shown as applicable in the Declarations, the promotions, awards, profit sharing, following Optional Coverages also apply. These pensions or other employee benefits coverages are subject to the terms and conditions earned in the normal course of applicable to property coverage in this policy, except employment)for: as provided below. (a) Any employee; or 1. Outdoor Signs (b) Any other person or organization. a. We will pay for direct physical loss of or b. We will not pay for loss or damage: damage to all outdoor signs at the described premises: (1) Resulting from any dishonest or criminal (1) Owned by you; or act that you or any of your partners or members commit whether acting alone or (2) Owned by others but in your care, in collusion with other persons. custody or control. (2) Resulting from any dishonest act b. Paragraph 3, Covered Causes of Loss, committed by any of your employees under the Property Coverages Section, and (except as provided in paragraph a), the Property Exclusions Section do not apply managers or directors: to this Optional Coverage, except for the (a) Whether acting alone or in collusion following Property Exclusions: with other persons; or (1) Paragraph 1c, Governmental Action; (b) While performing services for you or (2) Paragraph 1d, Nuclear Hazard; and otherwise. (3) Paragraph 1f, War and Military Action. (3) The only proof of which as to its c. We will not pay for loss or damage caused existence or amount is: by or resulting from: (a) An inventory computation; or (1) Wear and tear; (b) A profit and loss computation. (2) Hidden or latent defect; c. The most we will pay for loss or damage in (3) Rust; any one occurrence is the Limit of Insurance (4) Corrosion; or for Employee Dishonesty shown in the Declarations. (5) Mechanical breakdown. d. All loss or damage: d. The most we will pay for loss or damage in (1) Caused by one or more persons; or any one occurrence is the Limit of Insurance for Outdoor Signs shown in the Declarations. (2) Involving a single act or series of acts; is e. The provisions of this Optional Coverage considered one occurrence. supersede all other references to outdoor e. If any loss is covered: signs in this policy. (1) Partly by this insurance; and 2. Employee Dishonesty (2) Partly by any prior cancelled or a. We will pay for direct loss of or damage to terminated insurance that we or any Business Personal Property, including affiliate had issued to you or any money and securities, resulting from predecessor in interest; dishonest acts committed by any of your the most we will pay is the larger of the employees acting alone or in collusion with amount recoverable under this insurance or other persons (except you or your partner) the prior insurance. with the manifest intent to: We will pay only for loss or damage you (1) Cause you to sustain loss or damage; sustain through acts committed or events and also occurring during the Policy Period. (2) Obtain financial benefit (other than Regardless of the number of years this salaries, commissions, fees, bonuses, policy remains in force or the number of premiums paid, no Limit of Insurance CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age�/tf Of 1000 cumulates from year to year or period to (1) Any natural person: period. (a) While in your service or for 30 days f. This Optional Coverage is cancelled as to after termination of service; any employee immediately upon discovery (b) Whom you compensate directly by by� salary, wages or commissions; and (1) You; or (c) Whom you have the right to direct (2) Any of your partners, members, and control while perForming services managers, officers or directors not in for you. collusion with the employee; (2) Any natural person who is furnished of any dishonest act committed by that temporarily to you; employee before or after being hired by you. (a) To substitute for a permanent g. We will pay only for covered loss or damage employee as defined in paragraph (1) sustained during the policy period and above, who is on leave; or discovered no later than one year from the (b) To meet seasonal or short-term work end of the policy period. load conditions. h. If you (or any predecessor in interest) (3) Any natural person who is leased to you sustained loss or damage during the policy under a written agreement between you period of any prior insurance that you could and a labor leasing firm, to perform have recovered under that insurance except duties related to the conduct of your that the time within which to discover loss or business, but does not mean a damage had expired, we will pay for it under temporary employee as defined in this Optional Coverage, provided: paragraph (2) above; (1) This Optional Coverage became effective (4) Any natural person who is a former at the time of cancellation or termination employee, director, partner, member, of the prior insurance; and manager, representative or trustee (2) The loss or damage would have been retained as a consultant while perForming covered by this Optional Coverage had it services for you; or been in effect when the acts or events (5) Any natural person who is a guest causing the loss or damage were student or intern pursuing studies or committed or occurred. duties, excluding, however, any such i. The insurance under paragraph h above is person while having care and custody of part of, not in addition to, the Limit of property outside any building you occupy Insurance applying to this Optional Coverage in conducting your business. and is limited to the lesser of the amount But employee does not mean: recoverable under: 1 This O tional Covera e as of its effective (1) Any agent, broker, factor, commission � � p g merchant, consignee, independent date; or contractor or representative of the same (2) The prior insurance had it remained in general character; or effect. (2) Any manager, director or trustee except j. With respect to the Employee Dishonesty while perForming acts coming within the Optional Coverage in paragraph 2, employee usual duties of an employee. means: PROPERTY DEDUCTIBLES 1. We will not pay for loss or damage in any one most we will deduct from any loss or damage occurrence until the amount of loss or damage under all of the following Optional Coverages in exceeds the Deductible shown in the any one occurrence is the Optional Coverage Declarations. We will then pay the amount of Deductible shown in the Declarations: loss or damage in excess of the Deductible up to a. Money and Securities; the applicable Limit of Insurance. In the event that loss or damage occurs to b. Employee Dishonesty; Covered Property at one or more building c. Outdoor Signs; and locations as a result of one occurrence, the d. Forgery or Alteration. largest applicable deductible shown in the But this Optional Coverage Deductible will not Declarations will apply. increase the Deductible shown in the 2. Regardless of the amount of the Deductible, the Declarations. This Deductible will be used to CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age�/J Of 1000 satisfy the requirements of the Deductible in the b. Business Income and Extra Expense; Declarations. c. Civil Authority; 3. No deductible applies to the following Additional d. Fire Extinguisher Systems Recharge Coverages, Extensions of Coverage or Optional Expense. Coverages: a. Fire Department Service Charge; PROPERTY GENERAL CONDITIONS 1. Control of Property extent of the amount we pay; and Any act or neglect of any person other than you (2) The mortgageholder's right to recover the beyond your direction or control will not affect full amount of the mortgageholder's claim this insurance. will not be impaired. The breach of any condition of this Coverage At our option, we may pay to the Form at any one or more locations will not affect mortgageholder the whole principal on the coverage at any location where, at the time of mortgage plus any accrued interest. In this loss or damage, the breach of condition does event, your mortgage and note will be not exist. transferred to us and you will pay your 2. Mortgageholders remaining mortgage debt to us. a. The term "mortgageholder" includes trustee. f. If we cancel this policy, we will give written b. We will pay for covered loss of or damage to notice to the mortgageholder at least: buildings or structures to each (1) Ten days before the effective date of mortgageholder shown in the Declarations in cancellation if we cancel for your non- their order of precedence, as interests may payment of premium; or appear. (2) Thirty days before the effective date of c. The mortgageholder has the right to receive cancellation if we cancel for any other loss payment even if the mortgageholder has reason. started foreclosure or similar action on the g. If we elect not to renew this policy, we will building or structure. give written notice to the mortgageholder at d. If we deny your claim because of your acts least 10 days before the expiration date of or because you have failed to comply with this policy. the terms of this policy, the mortgageholder 3. No Benefit to Bailee will still have the right to receive loss No person or organization, other than you, payment if the mortgageholder: having custody of Covered Property will benefit (1) Pays any premium due under this policy from this insurance. at our request if you have failed to do so; 4. Policy Period, Coverage Territory (2) Submits a signed, sworn proof of loss Under this form: within 60 days after receiving notice from us of your failure to do so; and a. We cover loss or damage commencing: (3) Has notified us of any change in (1) During the policy period shown in the ownership, occupancy or substantial Declarations; and change in risk known to the (2) Within the coverage territory or, with mortgageholder. respect to property in transit, while it is All of the terms of this policy will then apply between points in the coverage territory. directly to the mortgageholder. b. The coverage territory is: e. If we pay the mortgageholder for any loss or (1) The United States of America (including damage and deny payment to you because its territories and possessions); of your acts or because you have failed to (2) Puerto Rico; and comply with the terms of this policy: (1) The mortgageholder's rights under the (3) Canada. mortgage will be transferred to us to the PROPERTY LOSS CONDITIONS CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age�tiU Of 1000 1. Abandonment Also, permit us to take samples of There can be no abandonment of any property damaged and undamaged property for to us. inspection, testing and analysis, and permit us to make copies from your 2. Appraisal books and records. If we and you disagree on the amount of loss, (7) Send us a signed, sworn proof of loss either may make written demand for an containing the information we request to appraisal of the loss. In this event, each party investigate the claim. You must do this will select a competent and impartial appraiser. within 60 days after our request. We will The two appraisers will select an umpire. If they supply you with the necessary forms. cannot agree, either may request that selection be made by a judge of a court having (8) Cooperate with us in the investigation or jurisdiction. The appraisers will state separately settlement of the claim. the amount of loss. If they fail to agree, they will (9) Resume all or part of your operations as submit their differences to the umpire. A quickly as possible. decision agreed to by any two will be binding. b. We may examine any insured under oath, Each party will: while not in the presence of any other a. Pay its chosen appraiser; and insured and at such times as may be b. Bear the other expenses of the appraisal and reasonably required, about any matter umpire equally. relating to this insurance or the claim, including an insured's books and records. In If there is an appraisal, we will still retain our the event of an examination, an insured's right to deny the claim. answers must be signed. 3. Duties in the Event of Loss or Damage 4. Legal Action Against Us a. You must see that the following are done in No one may bring a legal action against us the event of loss or damage to Covered under this insurance unless: Property: a. There has been full compliance with all of (1) Notify the police if a law may have been the terms of this insurance; and broken. (2) Give us prompt notice of the loss or b. The action is brought within two years after damage. Include a description of the the date on which the direct physical loss or property involved. damage occurred. (3) As soon as possible, give us a 5. Loss Payment and Valuation description of how, when and where the In the event of loss or damage covered by this loss or damage occurred. Coverage Form: (4) Take all reasonable steps to protect the a. At our option, we will either: Covered Property from further damage (1) Pay the value of lost or damaged and keep a record of your expenses property; reasonably incurred to protect the (2) Pay the cost of repairing or replacing the Covered Property. We will consider these lost or damaged property; expenses in the settlement of a claim, but this will not increase the applicable (3) Take all or any part of the property at an Limit of Insurance. However, we will not agreed or appraised value; or consider any expenses incurred in order (4) Repair, rebuild or replace the property to protect the Covered Property from a with other property of like kind and cause of loss that is not a Covered quality. Cause of Loss. Also, if feasible, set the b. We will give notice of our intentions within 30 damaged property aside and in the best days after we receive the sworn proof of possible order for examination. loss. (5) At our request, give us complete c. We will not pay you more than your financial inventories of the damaged and interest in the Covered Property. undamaged property. Include quantities, costs, values and amount of loss d. Our payment for loss of or damage to claimed. personal property of others will only be for the account of the owners of the property. (6) As often as may be reasonably required, We may adjust losses with the owners of lost permit us to inspect the property proving or damaged property if other than you. If we the loss or damage and examine your pay the owners, such payments will satisfy books and records. your claims against us for the owners' property. We will not pay the owners more CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age�til Of 1000 than their financial interest in the Covered property. Property. ui The limit shown in the �...� e. We may elect to defend you against suits Declarations for the Covered arising from claims of owners of property. Property. We will do this at our expense. If a building is rebuilt at a new f. We will pay for covered loss or damage premises, the cost is limited to the within 30 days after we receive the sworn cost which would have been incurred proof of loss, provided you have complied had the building been built at the with all of the terms of this policy and we original premises. have reached agreement with you on the (2) At actual cash value, if Actual Cash amount of loss or an appraisal award has Value is indicated in the Declarations as been made. the basis for valuation of the Covered g. Except as provided in (2) through (7) below, Property. We will never pay more than we will determine the value of Covered the applicable limit shown in the Property as follows: Declarations. (1) At replacement cost without deduction for (3) The following property at actual cash depreciation, if Replacement Cost is value: indicated in the Declarations as the basis (a) Used or second-hand merchandise for valuation of the Covered Property. held in storage or for sale; (a) You may make a claim for loss or (b) Property of others. However, if an damage covered by this insurance on item(s) of personal property of others an actual cash value basis instead of is subject to a written contract which on a replacement cost basis. In the governs your liability for loss or event you elect to have loss or damage to that item(s), then damage settled on an actual cash valuation of that item(s) will be based value basis, you may still make a on the amount for which you are claim on a replacement cost basis if liable under such contract, but not you notify us of your intent to do so exceed the lesser of the replacement within 180 days after the loss or cost of the property or the applicable damage. Limit of Insurance; (b) We will not pay on a replacement (c) Household contents, except personal cost basis for any loss or damage: property in apartments or rooms (i) Until the lost or damaged property furnished by you as landlord; is actually repaired or replaced; (d) Manuscripts; and and (e) Works of art, antiques or rare articles, (ii) Unless the repairs or replacement including etchings, pictures, statuary, are made as soon as reasonably marble, bronzes, porcelain and possible after the loss or damage. bric-a-brac. However, if the cost to repair or (4) Glass at the cost of replacement with replace the damaged building safety glazing material if required by law. property is $2,500 or less, we will settle the loss according to the (5) Money at its face value. provisions of paragraph g(1) above (6) Securities at their value at the close of whether or not the actual repair or business on the day the loss is replacement is complete. discovered. (c) We will not pay more for loss or (7) Applicable only to Accounts Receivable: damage on a replacement cost basis (a) If you cannot accurately establish the than the least of: amount of accounts receivable (i) The cost to replace, on the same outstanding as of the time of loss or premises, the lost or damaged damage: property with other property that (i) We will determine the total of the is of comparable material and average monthly amounts of quality and is used for the same accounts receivable for the 12 purpose. months immediately preceding (ii) The amount you actually spend the month in which the loss or that is necessary to repair or damage occurs; and replace the lost or damaged (ii) We will adjust that total for any CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age�tiL Of 1000 normal fluctuations in the amount merchandise or stock) at the described of accounts receivable for the premises or elsewhere. month in which the loss or b. Extra Expense loss to the extent you can damage occurred or for any return operations to normal and discontinue demonstrated variance from the such Extra Expense. average for that month. (b) The following will be deducted from 8• Vacancy the total amount of accounts a. Description of Terms receivable, however that amount is (1) As used in this Vacancy Condition, the established: term building and the term vacant have (i) The amount of the accounts for the meanings set forth in (a) and (b) which there is no loss or damage; below: (ii) The amount of the accounts that (a) When this policy is issued to a you are able to reestablish or tenant, and with respect to that collect; tenant's interest in Covered Property, building means the unit or suite (iii)An amount to allow for probable rented or leased to the tenant. Such bad debts that you are normally building is vacant when it does not unable to collect; and contain enough business personal (iv)All unearned interest and service property to conduct customary charges. operations. h. A party wall is a wall that separates and is (b) When this policy is issued to the common to adjoining buildings that are owner or general lessee of a building, owned by different parties. In settling building means the entire building. covered losses involving a party wall, we will Such building is vacant unless at pay a proportion of the loss to the party wall least 31% of its total square footage based on your interest in the wall in is: proportion to the interest of the owner of the (i) Rented to a lessee or sub-lessee adjoining building. However, if you elect to and used by the lessee or repair or replace your building and the owner sub-lessee to conduct its of the adjoining building elects not to repair customary operations; and/or or replace that building, we will pay you the full value of the loss to the party wall, subject (ii) Used by the building owner to to all applicable policy provisions including conduct customary operations. Limits of Insurance and all other provisions (2) Buildings under construction or of this Loss Payment and Valuation renovation are not considered vacant. Condition. Our payment under the provisions b. Vacancy Provisions of this paragraph does not alter any right of subrogation we may have against any entity, If the building where loss or damage occurs including the owner or insurer of the has been vacant for more than 60 adjoining building, and does not alter the consecutive days before that loss or damage terms of the Transfer Of Rights Of Recovery occurs: Against Others To Us Common Policy (1) We will not pay for any loss or damage Condition. caused by any of the following even if 6. Recovered Property they are Covered Causes of Loss: If either you or we recover any property after (a) Vandalism; loss settlement, that party must give the other (b) Sprinkler leakage, unless you have prompt notice. At your option, you may retain the protected the system against property. You must then return to us the amount freezing; we paid to you for the property. We will pay (c) Building glass breakage; recovery expenses and the expenses to repair the recovered property, subject to the Limit of (d) Water damage; Insurance. (e) Theft; or 7. Resumption of Operations (f) Attempted theft. We will reduce the amount of your: (2) With respect to Covered Causes of Loss a. Business Income loss, other than Extra other than those listed in (1)(a) through Expense, to the extent you can resume your (1)(f) above, we will reduce the amount operations, in whole or in part, by using we would otherwise pay for the loss or damaged or undamaged property (including damage by 15/o. CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age�ti;i Of 1000 PROPERTY DEFINITIONS 1. "Computer"means: that: a. Programmable electronic equipment that is a. Begins: used to store, retrieve and process data; and (1) 24 hours after time of direct physical loss b. Associated peripheral equipment that or damage for Business Income provides communication, including input and coverage; or output functions such as printing and (2) Immediately after the time of direct auxiliary functions such as data physical loss or damage for Extra transmission. Expense coverage; Computer does not include those used to Caused by or resulting from any Covered operate production type machinery or Cause of Loss at the described premises; equipment. and 2. "Counterfeit money" means an imitation of b. Ends on the earlier of: money that is intended to deceive and to be taken as the original. (1) The date when the property at the described premises should be repaired, 3. "Electronic data" means information, facts or rebuilt or replaced with reasonable speed computer programs stored as or on, created or and similar quality; or used on, or transmitted to or from computer software (including systems and applications (2) The date when business is resumed at a software), on hard or floppy disks, CD-ROMs, new permanent location. tapes, drives, cells, data processing devices or Period of restoration does not include any any other repositories of computer software increased period required due to the which are used with electronically controlled enforcement of any ordinance or law that: equipment. The term computer programs, a. Regulates the construction, use or repair, or referred to in the foregoing description of requires the tearing down of any property; or electronic data, means a set of related electronic instructions which direct the operations and b. Requires any insured or others to test for, functions of a computer or device connected to monitor, clean up, remove, contain, treat, it, which enable the computer or device to detoxify or neutralize or in any way respond receive, process, store, retrieve or send data. to or assess the effects of pollutants. 4. "Electronic media and records" means videos, The expiration date of this policy will not cut audio records and pictures stored on computer short the period of restoration. hardware that you own and that is at the 11. "Pollutants" mean any solid, liquid, gaseous or described location. Computer hardware, as used thermal irritant or contaminant, including smoke, above, means any internal or external memory vapor, soot, fumes, acids, alkalis, chemicals and card or device. Electronic media and records waste. Waste includes materials to be recycled, does not include electronic data. reconditioned or reclaimed. 5. "Fungi" means any type or form of fungus, 12. "Securities" means negotiable and including mold or mildew, and any mycotoxins, nonnegotiable instruments or contracts spores, scents or by-products produced or representing either money or other property and released by fungi. includes: 6. "Manager" means a person serving in a a. Tokens, tickets, revenue and other stamps directorial capacity for a limited liability (whether represented by actual stamps or company. unused value in a meter) in current use; and 7. "Member" means an owner of a limited liability b. Evidences of debt issued in connection with company represented by its membership credit or charge cards, which cards are not interest, who also may serve as a manager. issued by you; 8. "Money"means: but does not include money. a. Currency, coins and bank notes in current 13. "Specified causes of loss"means the following: use and having a face value; and Fire; lightning; explosion; windstorm or hail; b. Travelers checks, register checks and smoke; aircraft or vehicles; riot or civil money orders held for sale to the public. commotion; vandalism; leakage from fire 9. "Operations" mean your business activities extinguishing equipment; sinkhole collapse; occurring at the described premises. volcanic action; falling objects; weight of snow, „ „ ice or sleet; water damage. 10. Period of restoration means the period of time a. Sinkhole collapse means the sudden sinking CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age�ti4 Of 1000 or collapse of land into underground empty any part of a system or appliance (other than spaces created by the action of water on a sump system including its related limestone or dolomite. This cause of loss equipment and parts) containing water or does not include: steam. (1) The cost of filling sinkholes; or 14. "Stock" means merchandise held in storage or (2) Sinking or collapse of land into man- for sale, raw materials and in-process or finished made underground cavities. goods, including supplies used in their packing b. Falling objects does not include loss of or or shipping. damage to: 15. "Valuable papers and records"means inscribed, (1) Personal Property in the open; or printed, or written: (2) The interior of a building or structure or a. Documents; property inside a building or structure, b. Manuscripts; and unless the roof or an outside wall of the c. Records; building or structure is first damaged by a including abstracts, books, deeds, drawings, falling object. films, maps or mortgages. c. Water damage means accidental discharge But valuable papers and records does not mean or leakage of water or steam as the direct money or securities. result of the breaking apart or cracking of CB-0002(1-23) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P�age��Of 1000 ADDITIONAL INSURED CITY OF DUBUQUE, IOWA IL-7063(7-02) This endorsement modifies insurance provided under from time to time. Those claims not subject the following: to the Code of lowa Section 670.4 shall be BUSINESS AUTO COVERAGE FORM covered by the terms and conditions of this COMMERCIAL GENERAL LIABILITY COVERAGE PART poliCy. BIS-PAK�BUSINESS LIABILITY AND MEDICAL c. The City of Dubuque, lowa shall be respon- EXPENSES COVERAGE FORM sible for asserting any defense of govern- 1. The City of Dubuque, lowa, including all its mental immunity, and may do so at any time elected and appointed officials, all its employ- and shall do so upon timely written request ees and volunteers, all its boards, commissions by us. and/or authorities and their board members, d. We shall not deny coverage under this poli- employees and volunteers, are included as ad- cy and we shall not deny any of the rights ditional insureds with respect to all work and and benefits accruing to the City of Du- services performed for them. This coverage buque, lowa under this policy for reasons of shall be primary to the additional insureds and governmental immunity unless and until a not contributing with any other insurance or court of competent jurisdiction has ruled in similar protection available to the additional in- favor of the defense(s) of governmental im- sureds, whether other available coverage be munity asserted by the City of Dubuque, primary, contributing or excess. lowa. 2. The following applies when the City of Du- e. We and the City of Dubuque, lowa agree buque, lowa is named as an additional insured: that the above preservation of governmental a. We expressly agree and state that the pur- immunities shall not otherwise change or chase of this policy and the naming of the alter the coverage available under the poli- City of Dubuque, lowa as an additional in- �y� sured does not waive any of the defenses of 3. We will give thirty (30) days advance written governmental immunity available to the City notice of cancellation, nonrenewal, reduction in of Dubuque, lowa under the Code of lowa coverage or limits and/or material change by Section 670.4 as it now exists and as it may endorsement and ten (10) days written notice for be amended from time to time. nonpayment of premium to: City of Dubuque b. We further agree that this policy of insur- and Dubuque County, City Hall, 13th and Cen- ance shall cover only those claims not sub- tral, Dubuque, IA 52001. This endorsement su- ject to the defense of governmental immu- persedes the standard cancellation statement on nity under the Code of lowa Section 670.4 as the Certificate of Insurance to which this it now exists and as it may be amended endorsement is attached. IL-7063(7-02) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ��e��6�of 1000 ADDITIONAL INSURED - COMPLETED OPERATIONS AUTOMATIC STATUS CB-7245(7-13) WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU (OWNERS, LESSEES OR CONTRACTORS) This endorsement modifies insurance provided under b. Bodily injury or property damage that occurs the following: after the time period during which the BIS-PAK°BUSINESS LIABILITY AND MEDICAL EX- contract or agreement described in item 1 PENSES COVERAGE FORM requires you to add such person or or- 1. Who Is An Insured is amended to include as an ganization onto your policy as an additional additional insured: insured for completed operations; or a. Any person(s) or organization(s) for whom c. Bodily injury or property damage arising out you have performed operations if you and of the rendering of, or the failure to render, such person(s) or organization(s) have any professional, architectural, engineering agreed in writing in a contract or agreement or surveying services, including: that such person(s) or organization(s) be (1) The preparing, approving or failing to added as an additional insured on your poli- prepare or approve maps, shop draw- cy for completed operations; and ings, opinions, reports, surveys, field or- b. Any other person(s) or organization(s) you ders, change orders or drawings and are required to add as an additional insured specifications; or under the contract or agreement described (2) Supervisory, inspection, architectural or in paragraph a above. engineering activities. Such person or organization is an additional This exclusion applies even if the claims against insured only with respect to liability included in any insured allege negligence or other the products-completed operations hazard for wrongdoing in the supervision, hiring, employ- bodily injury or property damage caused, in ment, training or monitoring of others by that whole or in part, by your work performed for that insured, if the occurrence which caused the additional insured at the location designated bodily injury or property damage involved the and described in the contract or agreement. rendering of or the failure to render any profes- However: sional services by or for you. a. The insurance afforded to such additional 3. With respect to the insurance afforded to these insured only applies to the extent permitted additional insureds, the following is added to the by law; and Liability And Medical Expenses Limits Of Insurance section: b. If coverage provided to the additional in- If coverage provided to the additional insured is sured is required by a contract or agree- required by a contract or agreement, the most ment, the insurance afforded to such addi- we will pay on behalf of the additional insured is tional insured will not be broader than that which you are required by the contract or the amount of insurance: agreement to provide for such additional a. Required by the contract or agreement; or insured. b. Available under the applicable Limits of In- 2. The insurance does not apply to: surance shown in the Declarations; a. Bodily injury or property damage which oc- whichever is less. curs prior to execution of the contract or This endorsement shall not increase the ap- agreement described in item 1; or plicable Limits of Insurance shown in the Dec- larations. CB-7245(7-13) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ��e��of 1000 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - CB-7433(7-13) AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under fessional architectural, engineering or sur- the following: veying services, including: BIS-PAK°BUSINESS LIABILITYAND MEDICAL EX- (1) The preparing, approving or failing to PENSES COVERAGE FORM prepare or approve maps, shop 1. Who Is An Insured is amended to include as an drawings, opinions, reports, surveys, additional insured: field orders, change orders or drawings a. Any person(s) or organization(s) for whom and specifications; or you are performing operations when you (2) Supervisory, inspection, architectural or and such person(s) or organization(s) have engineering activities. agreed in writing in a contract or agreement This exclusion applies even if the claims that such person or organization be added against any insured allege negligence or as an additional insured on your policy; and other wrongdoing in the supervision, hiring, b. Any other person(s) or organization(s) you employment, training or monitoring of others are required to add as an additional insured by that insured, if the occurrence which under the contract or agreement described caused the bodily injury or property dam- in paragraph a above. age, or the offense which caused the per- Such person(s) or organization(s) is an addi- sonal and advertising injury, involved the tional insured only with respect to liability for rendering of or the failure to render any bodily injury, property damage or personal and professional services. advertising injury caused, in whole or in part, b. Bodi/y injury or property damage occurring py. after: a. Your acts or omissions; or (1) All work, including materials, parts or b. The acts or omissions of those acting on equipment furnished in connection with your behalf; such work, on the project (other than ser- vice, maintenance or repairs) to be per- in the performance of your ongoing operations formed by or on behalf of the additional for the additional insured. insured(s) at the location of the covered However, the insurance afforded to such addi- operations has been completed; or tional insured: (2) That portion of your work out of which a. Only applies to the extent permitted by law; the injury or damage arises has been and put to its intended use by any person or b. Will not be broader than that which you are organization other than another con- required by the contract or agreement to tractor or subcontractor engaged in per- provide for such additional insured. forming operations for a principal as a part of the same project. A person's or organization's status as an addi- 3. With respect to the insurance afforded to these tional insured under this endorsement ends on additional insureds, the following is added to the the earlier of the date: Liability And Medical Expenses Limits Of a. When your operations for that insured are Insurance section: completed; or The most we will pay on behalf of the addi- b. The contract or agreement you have en- tional insured is the amount of insurance: tered into with the additional insured is ter- a. Required by the contract or agreement you minated. have entered into with the additional in- 2. With respect to the insurance afforded these sured; or additional insureds, the following additional ex- b. Available under the applicable Limits of In- clusions apply: surance shown in the Declarations; This insurance does not apply to: whichever is less. a. Bodily injury, property damage or personal and advertising injury arising out of the ren- This endorsement shall not increase the ap- dering of, or the failure to render, any pro- plicable Limits of Insurance shown in the Dec- larations. CB-7433(7-13) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. �a�ee1�81 Of 1000 ay PRIMARY AND NONCONTRIBUTORY- OTHER INSURANCE CONDITION CB-1488(7-13) This endorsement modifies insurance provided under tribution from any other insurance available to an the following: additional insured under your policy provided that: BIS-PAK°COMMON POLICY CONDITIONS 1. The additional insured is a Named Insured un- The following is added to paragraph H Other Insur- der such other insurance; and ance of the Bis-Pak° Common Policy Conditions and 2. You have agreed in writing in a contract or supersedes any provision to the contrary: agreement that this insurance would be primary Primary And Noncontributory Insurance and would not seek contribution from any other insurance available to the additional insured. This insurance is primary to and will not seek con- CB-1488(7-13) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ��e��g�of 1000 WAIVER OF TRANSFER OF RIGHTS TO RECOVERY AGAINST OTHERS TO CB-7252(12-19) US -AUTOMATIC STATUS This endorsement modifies insurance under the 2. This waiver applies only to: following: a. Any person or organization with whom BIS-PAK° BUSINESS LIABILITY AND MEDICAL you have a written contract or agreement EXPENSES COVERAGE FORM in which you are required to waive the Paragraph J2 of the Transfer of Rights of Recovery rights of recovery under this policy. Such Against Others to Us condition in the Bis-Pako contract or agreement must have been Common Policy Conditions is amended as follows: executed prior to the occurrence causing injury or damage; and 1. We waive any right of recovery we may have against any person or organization described in b. Any other person or organization you are paragraph 2 because of payments we make for required to add as an additional insured injury or damage arising out of your ongoing under the contract or agreement operations or your work done under a contract described in paragraph a. above. with that person or organization and included in the products-completed operations hazard. CB-7252(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ��e�:iJO�Of 1000 POLICY NUMBER: K53731 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 03 13(4-84) We have the right to recover our payments from a written contract that requires you to obtain this anyone liable for an injury covered by this policy. We agreement from us. will not enforce our right against the person or This agreement shall not operate directly or indirectly organization named in the Schedule. This agreement to benefit any one not named in the Schedule. applies only to the extent that you perform work under SCHEDULE We will not enforce our right against any person or organization with whom you have a written contract or agreement which you are required to waive rights of recovery under this policy. We will not enforce our right against any other person or organization named in these contracts or agreements which you are also required to waive rights of recovery. Such a contract or agreement must have been executed prior to the occurrence causing injury or damage. An entity meeting these requirements does not have to be named in the Schedule for the waiver to apply. WC 00 03 13(4-84) Acuity,A Mutual Insurance Company a e 1 1 �a`�je �1 of 1000 share damages with or repay (1) With respect to liability arising out of the someone else who must pay maintenance or use of that property; damages because of the injury and described in paragraphs (1)(a) or (b); or (2) Until your legal representative has been (d) Arising out of his or her providing or appointed. failing to provide professional health d. Your legal representative if you die, but only care services. However, if you have with respect to duties as such. That employees who are pharmacists in representative will have all your rights and your retail druggist or drugstore duties under this policy. operation, they are insured with 3. Any organization you newly acquire or form, respect to their providing or failing other than a partnership, limited liability to provide professional health care company or joint venture and over which you services; or maintain ownership or majority interest, will (2) Property damage to property: qualify as a Named Insured if there is no other (a) Owned, occupied or used by; or similar insurance available to that organization. However: (b) Rented to, in the care, custody or a. Coverage under this provision is afforded control of, or over which physical only until the 90th day after you acquire or control is being exercised for any form the organization or the end of the purpose by; policy period, whichever is earlier; you, any of your employees, volunteer b. Coverage does not apply to bodily injury or workers, any partner or member (if you property damage that occurred before you are a partnership or joint venture) or any acquired or formed the organization; and member (if you are a limited liability company). c. Coverage does not apply to personal and b. Any person (other than your employee or advertising injury arising out of an offense volunteer worker) or any organization while committed before you acquired or formed acting as your real estate manager. the organization. No person or organization is an insured with respect c. Any person or organization having proper to the conduct of any current or past partnership, temporary custody of your property if you joint venture or limited liability company that is not die, but only: shown as a Named Insured in the Declarations. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Coverage for damages because of property Declarations and the rules below fix the most we damage to a premises while rented to you or in will pay regardless of the number of: the case of a fire while rented to you or temporarily occupied by you with permission of a. Insureds: the owner is the applicable Damage To b. Claims made or suits brought; or Premises Rented To You Limit shown for that c. Persons or organizations making claims or premises in the Declarations. For a premises bringing suits. temporarily occupied by you, the applicable limit will be the Damage To Premises Rented To You 2. The most we will pay for the sum of all damages Limit shown in the Declarations. because of all: 4. Aggregate Limits a. Bodily injury, property damage and medical expenses arising out of any one occurrence; a. The Products-Completed Operations and Aggregate Limit shown in the Declarations is the most we will pay for injury or damage b. Personal and advertising injury sustained by under the products-completed operations any one person or organization; hazard arising from all occurrences during is the Liability and Medical Expenses Limit the policy period. shown in the Declarations. But the most we will b. The General Aggregate Limit shown in the pay for all medical expenses because of bodily Declarations is the most we will pay for the injury sustained by any one person is the sum of all damages because of all: Medical Expenses Limit shown in the Declarations. (1) Bodily injury, property damage and medical expenses arising from all 3. The most we will pay under Business Liability CB-0006(8-15) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Pa�age�9L Of 1000 occurrences during the policy year. This out of all offenses committed during the limit applies separately to: policy period. (a) Each location owned by or rented to The Limits of Insurance of this policy apply you. A location is a premises separately to each consecutive annual period and to involving the same or connecting any remaining period of less than 12 months, lots, or a premises whose starting with the beginning of the policy period connection is interrupted only by a shown in the Declarations, unless the policy period street, roadway, waterway or is extended after issuance for an additional period of right-of-way of a railroad; and less than 12 months. In that case, the additional (b) Each of your projects away from a period will be deemed part of the last preceding location owned by or rented to you; period for purposes of determining the Limits of or Insurance. (2) Personal and advertising injury arising LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS We have no duty to provide coverage under this against the suit; and Coverage Part unless you and any other involved (4) Assist us, upon our request, in the insured have fully complied with the Conditions enforcement of any right against any contained in this Coverage Part. person or organization that may be 1. Bankruptcy liable to the insured because of injury or damage to which this insurance may Bankruptcy or insolvency of the insured or of the also apply. insured's estate will not relieve us of our obligations under this policy. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume 2. Duties in the Event of Occurrence, Offense, any obligation or incur any expense, other Claim or Suit than for first aid, without our consent. a. You must see to it that we are notified as 3. Legal Action Against Us soon as practicable of an occurrence or an offense which may result in a claim. To the No person or organization has a right under this extent possible, notice should include: policy: (1) How, when and where the occurrence or a. To join us as a party or otherwise bring us offense took place; into a suit asking for damages from an insured; or (2) The names and addresses of any injured persons and witnesses; and b. To sue us on this policy unless all of its (3) The nature and Iocation of any injury or terms have been fully complied with. damage arising out of the occurrence or A person or organization may sue us to recover offense. on an agreed settlement or on a final judgment against an insured; but we will not be liable for b. If a claim is made or suit is brought against damages that are not payable under the terms any insured, you must; of this policy or that are in excess of the (1) Immediately record the specifics of the applicable Limit of Insurance. An agreed claim or suit and the date received; and settlement means a settlement and release of (2) Notify us as soon as practicable. liability signed by us, the insured and the claimant or the claimant's legal representative. You must see to it that we receive written notice of the claim or suit as soon as 4. Separation of Insureds practicable. Except with respect to the Limits of Insurance c. You and any other involved insured must: and any rights or duties specifically assigned in this policy to the First Named Insured, this (1) Immediately send us copies of any insurance applies: demands, notices, summonses or legal papers received in connection with the a. As if each Named Insured were the only claim or suit; Named Insured; and (2) Authorize us to obtain records and other b. Separately to each insured against whom information; claim is made or suit is brought. (3) Cooperate with us in the investigation or 5. Premium Audit- Business Liability settlement of the claim or defense a. We will compute all premiums for this CB-0006(8-15) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Pa�age�9;i Of 1000 Dubuque City of Dubuque rEts cm oF �d �� Parks and Recreation Department Dj T� � �I I I I► 2200 Bunker Hill Road �'� (address) :,��.1o,..z�� Mn�terE�ie�ce on Hic°Mis�i�siE�E�i zoi�•2oi9 Dubuque, IA 52001 PhOfle #� 563-589-4263 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 Jason Fleege (Contractor) at (Contractor Name) 2745 Dodge St.Dubuque IA, 52003 (Contractor's Address - City and State) PROJECT TITLE: Roof and Window Replacement (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: Roof and Window Replacement The work described above shall be completed at the following location(s): Flora and Sutton Pools-2525 Green St and 1900 Hawthorne St, Dubuque, IA 52001 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 394 of 1000 Documents iisted in bold shauld be attached to this document upon submission. • Request for Bid or procurement documentation; • This Contract; • Ail ordinances and resolutions heretofore adop#ed by the City Council having to do with the Project; • The Contractor's Bid or procurement documentation; • Consent Decree Certifcation 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 Specifcations — Division 1 (Current Edition}; • GeneraE Requirements as adopted by the City Council for the Project; � • Insurance Schedule F (Exhibit C); and • Other Is the project over$25,000.00? O Yes ❑ No . If yes, Bond Form is required, see Exhibit B. 3. Alf materials used by the Contractor in the Project shall be the best of their several kinds and shalf be put in place to the satisfaction of the City Manager. 4. The Contractor shall remove any materiais 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 ta the satisfaction of the City Manager at the cosf and expense of the Contractor. 5. Three (3%) of the Contract price may be refained 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 Iabar and materials done and furnished in connection with the perf'ormance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in [owa Code Chapter 573.The City shall afso 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 shafl be held by the City unti[ such c[aims 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 395 of 1000 i 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 [aw, Contractor sha[I defend, indemnify and hold harm�ess City, its otfcers and employees, from and against all claims, damages, losses and expe ,ses 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 resu`ti�g 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 prop�rty, � 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 anyorte directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether o�not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.� B. The Contractor shafl 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. � '(0. Prior to the commencemenf of any work on the Project and at al[ times during the performarice of this Contract, the Contractor shal! provide evidence of insurance which meets �he requirements of the City's Insurance Schedule F attached to this Contract as Exhibit C. 11. Permits and Licenses. Contractor further represents and warrants#hat Contractor wil[obtain all necessary business permits and licenses that may be required to carry out the obliga�ions � 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 maintai� � at I Contractor's so[e expense, such required permits and licenses for the duration of the term�s) of , this Contract. � � I i a 12. Legal Compliance. Contractor is responsible for compliance with all applicabfe 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 o the Closing/Effective Date and further represents that during the Term Contractor will rem�in in compliance. Contractor shall require afl contractors and subcontrac�ors 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 Con{tract, 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 Contrac�. , 13. The City may terminate this Contract with or without cause upon faurteen (14} days' �ritten notice cEelivered to the Cantractor. E � � . il � � � Pag� �96 of 1000 14. This Contract shalf 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 Iowa 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, defivered and/ar pertormed hereunder is covered by any pa#ent, capyright, or application for either, the Contractor will indemnify and save harmless the City from any and alI[ass, cost, or expenses on account of any and ail cEaims, 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 paten#, 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. 'i 8._Current Safety Data Sheets {SDS), when appficable to the arder, will be provided by the Contractor in accordance with all regulations. 19. The terms and conditions of safe 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 Ciry of Dubuque, State of lowa and Department of Justice have entered into a Consent Decree requiring the City to complete certain capita[ improvements pursuant to an established schedule and to comply with certain capital improvements pursuant to an established schedule and to comply with certain repo�ting 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 contracfors to comply with fhe Consent Decree and to assist fhe 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. � TH1S CONTRACI`OR IS PERFORMING WORK FOR THE CfTY 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 lS NOT PERFORMING WORK FOR THE C[TY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTI�N SYSTEM. THEREF�RE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. � Page 397 of 1000 i , I THE CITY AGREES: I The City agrees to pay the Vendor for the wark actually perf'ormed under this Contract, up to t�e amount stated below, fess any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT: $ � `� 6 �D ( CITY OF DUBUQUE, lOWA 'CONTRACTOR: ' By: U' 05�22�2026 �1��. Cus�w� 1�1�,,��kS L,'L C_ Date Company Name � ! By: `�� 6 � Zro gnature � Date � I �So� �j� � Printed Name " d �y.y vu.+� Tifle I � ; � . , . � I ' i � � I 1 ' i , i , � 1 � ii � I i I � Page �98 of 1000 EXHIBIT A CONSENT DECREE RELATING TO THE CITY OF DUBUQUE, IOWA WATER 8 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/HomeNiew/3173. A paper copy is available upon request from the City of Dubuque Engineering Department. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five years after the termination of the Consent Decree, the City shall retain,and shall instruct its contractors and agents to preserve, all non-identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information-retention requirement shall apply regardless of any contrary City, corporate or institutional policies or procedures. At any time during this information-retention period, upon request by the United States or the State, the City shall provide copies of any documents, reports,analytical data,or other information required to be maintained under the Consent Decree. At the conclusion of the information-retention period, the City shall notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City shall deliver any such documents, records, or other information to the EPA or IDNR. Page 399 of 1000 Dubuque �rrrE cmr or• � DUB E ' � I�t�t. 200N7012•2013 Mnsterpiece on the Mississippi 2017+2019 City of Dubuque 46 Department 950 Elm Street (address) Dubuque, IA 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 EMS I�dustrial, Inc - Energetics & Badger Electric Motor (Vendor Name) 4901 Prairie Dock Dr. Madison,WI 53718 (Vendor Address - City and State) PROJECT TITLE: port Ramp Compressor Repairs (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: Repair 3 Compressors 1 st Floor-seal up bolts to stop oil leak 2nd Floor-Change air filter,3rd Floor-Replace Pump,travel 8�labor to repair compressors _The work described above shall be completed at the followin location(s): Port Ramp 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 400 of 1000 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 O Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors O 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 6130/2026 (date} Page 2 of 20 Page 401 of 1000 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 itselfl 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 ar 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 indemni�ed 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 perfo�mance 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 ta this Contract shall be the lowa District Court for Dubuque County. Page 3 of 20 Page 402 of 1000 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 $ 1614.30 CITY OF DUBUQUE, IOWA VENDOR: gy. � 05/22/2026 EMS Industrial, Inc M chael C. Van Milligen Date Cornpany Name City Manager By: �,�,�1� 2r Signature ate ��U�,D J �iNk.� Printed Name G`��U��,4C /V1�4/v��2, Title Page 4 of 20 Page 403 of 1000 THE CITY OF DUB E Masterpiece on the Mississippi CITY OF DUBUQUE, IOWA MASTER SERVICES AGREEMENT CITY CONTRACT# Vendor: 841 All City Departments Name: Total Maintenance Inc. Attn: City of Dubuque Finance Department Address: 1017 State St. 50 West 13t'' Street Address: Bettendorf, IA 52722 Dubuque, lowa 52001 Contract Commencement: 05-o�-zs Contract Termination/Renewal Date: os-o�-z�-auto re�ew Shippin Terms: FOB Destination Pa ment Terms: 60 Da s 1. SERVICES Except as otherwise provided herein, this Master Services Agreement(MSA or this"AgreemenY')shall apply to any work performed by Vendor, on or after the date on which Vendor executes this Agreement(the "Effective Date"), on any Project (defined below)for the City of Dubuque (the "City"), regardless of which City department oversees the Project.Vendor shall perform services as required and described in one or more Statements of Work(SOW) issued under this MSA. This Agreement is not intended to provide Vendor with any guarantee regarding any particular amount of work or engagement with the City, but it is intended to govern all such work or engagement which may be performed for or on behalf of the City by Vendor. For purposes of this Agreement,"Parties"shall mean the Vendor and the City, and the "Project" shall mean the work described in the applicable SOW(s). In the event of any conflict between the terms of this Agreement and those of the SOW, the terms of this Agreement shall govern unless the SOW expressly provides otherwise and is signed by an authorized representative of the City. Each SOW shall include, at a minimum: • Description of specific services/deliverables; • Schedule and/or milestones; • Fees; and • Specifically reference the MSA when applicable. 2. TERM The term of this Agreement shall be one (1) year, commencing upon Effective Date. Upon expiration of the initial term, this Agreement shall automatically renew for successive one (1) year periods unless either party provides written notice of termination at least thirty(30)days prior to the expiration of the then-current term. Notwithstanding the foregoing, all obligations of the City are subject to annual appropriation of funds. If any automatic renewal of this Agreement would violate applicable law, then the Agreement shall instead terminate at the end of the then- current term, without penalty to either party. 3. COMPENSATION AND INVOICING The City shall compensate the Vendor in accordance with the pricing specified in each applicable SOW. The Vendor's general fee schedule, if applicable, shall be attached hereto as Exhibit C. All invoices shall be due and payable within sixty (60)days of receipt by the City. 4. COMPLIANCE WITH LAWS The work shall be completed in full compliance with this Agreement, as well as with all applicable federal, state, and local laws, including the laws of the State of lowa and ordinances of the City.The Vendor is responsible for obtaining all required licenses and permits necessary to perform the work. The Vendor shall ensure ongoing compliance with all relevant legal and regulatory requirements throughout the performance of this Agreement. Page 1 of 8 Page 404 of 1000 5. DEFECTIVE MATERIALS The Vendor must promptly remove any materials deemed defective or improper by the City, as well as any work found to be unsuitable or unacceptable. All such defective or improper materials and all such unsuitable or unacceptable work shall be promptly removed and replaced or corrected to the City's satisfaction, all at the Vendor's sole expense.All materials provided by the Vendor shall meet the quality standards specified in this Agreement and the applicable SOWs, and all materials shall be installed and all work completed in full compliance with those documents. The Vendor shall be liable to the City for any damage to City property arising out of or related to the Vendor's negligent performance of the Project. 6. UNDERSTANDING The Vendor has read and understands this Agreement, including all applicable SOWs and all other documents attached hereto or incorporated herein by reference. Vendor has reviewed and understands the project description set forth in the applicable SOWs and all attached special conditions, if any. The Vendor agrees not to claim misunderstanding or misrepresentation due to estimates of quantity, nature, location,or other circumstances related to the performance of this Agreement. 7. INDEMNIFICATION; LIABILITY FOR CITY DAMAGE To the fullest extent permitted by law, the Vendor 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 Agreement, provided that such claim, damages, loss, or expense is attributable to bodily injury, sickness, disease, 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 Vendor, the Vendor's subvendor, or anyone directly or indirectly employed by the Vendor or the Vendor's subvendor, or anyone for whose acts the Vendor or the Vendor's subvendor may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 8. INSURANCE Prior to the commencement of any work on the Project, and at all times during the performance of this Agreement, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule, as indicated and attached hereto as Exhibit B. 9. AUTHORIZATION The Vendor agrees that no work on the Project shall commence until the City has authorized said work in writing. Any work started by the Vendor prior to the City's authorization shall be considered unauthorized and done at the sole risk and expense of the Vendor. 10. WARRANTY The Vendor warrants that (a) all goods and services provided under this Agreement shall be free from defects in materials and workmanship; (b) all services provided under this Agreement shall be performed in accordance with current industry standards; and (c) all goods meet or exceed the manufacturer's warranty. 11. TERMINATION The City may terminate this Agreement with or without cause upon fourteen (14) days' written notice delivered to the Vendor. In the event of termination, the City shall only be responsible to pay for the services satisfactorily performed by the Vendor to the effective date of termination. 12. INDEPENDENT VENDOR RELATIONSHIP It is expressly understood that the Vendor is an independent vendor and not an employee of the City. The Vendor shall have control over the manner in which the services are performed under this Agreement. The Vendor shall supply, at its own expense, all materials, supplies, equipment, and tools required to accomplish the services contemplated by this Agreement. The Vendor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick or vacation leaves, workers' compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. Nothing in this Agreement shall be deemed to constitute a partnership,joint venture, or agency relationship between the Parties. Page 2 of 8 Page 405 of 1000 13. ENTIRE AGREEMENT This Agreement (including the Exhibits attached hereto) contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior negotiations, correspondence, conversations, agreements, and understandings concerning the subject matter hereof. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation, agreement, or understanding, whether oral or written. Provided, however, that nothing in this Section 13 shall be construed as abrogating, replacing, or otherwise modifying any written agreement between the Parties which was executed prior to the Effective Date hereof. 14. ASSIGNMENT The Vendor may not assign this Agreement to any other person or entity unless and until written consent is obtained from the City. Such consent may be granted, withheld, delayed, or conditioned at the City's sole and exclusive discretion. 15. AMENDMENTS Any modification or amendment to this Agreement shall require a written agreement signed by the Parties. 16. NONDISCRIMINATION The Vendor shall not discriminate or permit discrimination in its operations or employment practices against any person or group of persons on the ground of race, creed, color, sex, national origin, familial status, religion, age, disability, marital status, sexual orientation, gender identity, or any other characteristic protected by federal, state, or local laws, rules, or ordinances. 17. GOVERNMENTAL DATA/PRIVACY The Vendor agrees to abide by all applicable federal, state, and local rules, regulations, or orders regarding data privacy or confidentiality. 18. SAVINGS CLAUSE If any court of competent jurisdiction finds any portion of this Agreement to be contrary to law, invalid, or unenforceable, the remainder of the Agreement will remain in full force and effect, and each remaining term shall be valid and enforceable to the fullest extent permitted by law. 19. COUNTERPARTS AND ELECTRONIC SIGNATURES This Agreement 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 Agreement may be executed by the parties and transmitted by electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. 20. DISPUTES A. Informal Resolution. The Parties shall make a good-faith effort to resolve any claim, dispute, or controversy arising out of or relating to this Agreement (each a "Dispute") through informal discussions between authorized representatives of the parties. Either party may provide written notice of a Dispute to the other party describing the nature of the issue in reasonable detail. Within no later than ten (10) business days after such notice, the parties shall confer in good faith in an attempt to resolve the Dispute. B. Voluntary Mediation. If the Dispute is not resolved through informal discussions, either party may request that the matter be submitted to non-binding mediation. Mediation shall occur only upon mutual agreement of the parties. Unless otherwise agreed, mediation shall be conducted by a mutually acceptable mediator in the State of lowa. The parties shall share the mediator's fees and administrative costs equally, and each party shall bear its own attorney fees and costs. Participation in mediation is voluntary and non-binding. Nothing in this Section 20 shall be construed to require either party to settle a Dispute or to impair either party's legal rights or remedies. Page 3 of 8 Page 406 of 1000 C. No Binding Arbitration. The parties expressly agree that no provision of this Agreement shall be interpreted to require binding arbitration.Any Dispute not resolved by informal discussions or mediation may be pursued in a court of competent jurisdiction as provided herein. D. Preservation of Governmental Immunities and Defenses. Nothing in this Agreement, including this Section 20, shall be construed as a waiver of any immunity, limitation of liability, notice requirement, damage limitation, or other protection afforded to the City under applicable law, including but not limited to lowa Code chapter 670 and other applicable provisions of lowa law. All such defenses and protections are expressly preserved. E. Statutory Notice Requirements. To the extent applicable, any claim against the City shall be subject to all statutory notice requirements and limitations periods provided by lowa law. Participation in informal discussions or mediation shall not toll any applicable statute of limitations unless expressly agreed in writing by the Parties. F. Continued Performance. During the pendency of any Dispute, the Vendor shall continue to perform its obligations under this Agreement unless and until this Agreement is terminated in accordance with its terms. 21. SAFETY AND HEALTH All materials and services provided under this Agreement shall conform to the requirements of the Federal Occupational Safety and Health Act and all regulations and standards issued by the Secretary of Labor thereunder. Upon the City's request, the Vendor shall provide appropriate certifications demonstrating compliance with such laws, orders, rules, and regulations. The Vendor shall handle, use, and dispose of all materials and substances, including those used or provided by the Vendor or its subvendors, in accordance with all applicable laws and regulations; this includes, but is not limited to, materials classified as hazardous by law or regulation. The Vendor shall indemnify, defend, and hold harmless the City from and against any and all claims, penalties,fines,judgments, or orders arising from Vendor's failure to properly handle, use, or dispose of any such material or substance. 22. MISCELLANEOUS A. Conflict of Terms. In the event of any conflict or inconsistency between this MSA and any terms or conditions provided by Vendor (including without limitation on SOWs, invoices, quotes, order confirmations, or online terms), this MSA shall control. Vendor's terms and conditions are expressly rejected and shall not apply unless specifically incorporated into this MSA by a written amendment executed by both Parties. B. Public Records. Vendor acknowledges that the City is subject to the requirements of the lowa Open Records Act and that records relating to this Agreement may be subject to public disclosure. Vendor further acknowledges that records in the possession or control of Vendor relating to the performance of services under this Agreement may be deemed public records. The Parties acknowledge and agree that all information, data, and records exchanged, generated, or maintained under this Agreement may be considered public records. Vendor agrees to maintain complete and accurate records relating to the services performed under this Agreement. Upon request by the City, Vendor shall promptly provide the City with copies of any records, documents, data, correspondence, or other information in Vendor's possession or control relating to this Agreement. Vendor shall provide such records in the format requested by the City if reasonably available. Vendor shall cooperate with the City in responding to requests for public records and shall provide requested records within the time period reasonably specified by the City so that the City may comply with its obligations under the lowa Open Records Act. If Vendor believes that any information provided to the City contains trade secrets or confidential information exempt from disclosure under applicable law, Vendor shall clearly identify such information in writing at the time it is provided to the Citv and shall state the legal basis for the claimed exemption. Vendor acknowledges and agrees that the City has an obligation to independently determine whether any record is exempt from disclosure and, unless ordered otherwise by a court of competent jurisdiction, the City's determination shall control. Page 4 of 8 Page 407 of 1000 To the extent permitted by law, Vendor shall indemnify and hold the City harmless from any claims, damages, penalties, costs, or attorney fees arising from the City's reliance upon Vendor's designation of information as confidential, proprietary, or otherwise exempt from disclosure. THE PARTIES AGREE THIS MSA SHALL APPLY TO ALL SERVICES PERFORMED BY OR ON BEHALF OF VENDOR FROM ON AND AFTER THE EFFECTIVE DATE THROUGH THE END OF THE TERM HEREOF, except those services performed pursuant to a separate written agreement which either (a) was executed by the Parties and effective prior to the Effective Date hereof, or(b) is executed by the Parties and contains language expressly exempting the agreement from the terms of this MSA. Notwithstanding the foregoing, the Parties may, upon written consent of both Parties, make a prior agreement subject to this MSA. CITY OF DUBUQUE, IOWA VENDOR: By: � 05/20/2026 TMI-Total Maintenace,Inc. ichael C. Van Milligen Date Company Name City Manager B�/: Rob Schmit Digi�allysignetlbyRobSchmit oa�e zozsoe.oaoaatzs-oeoo 5-8-2026 Signature Date Rob Schmit Printed Name Sales Representative Title Page 5 of 8 Page 408 of 1000 EXHIBIT A:ADDITIONAL TERMS AND CONDITIONS The following terms and conditions shall apply this Agreement: 1. The City of Dubuque is exempt from federal excise tax and lowa sales tax. No such tax shall be charged to the City. 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 shall submit the original invoice to the requesting Department's address as shown in the SOW or similar document. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized in writing. 5. It is understood by the Vendor that the cash discount period applicable to the City of Dubuque, if any,will commence from the receipt of the invoice or from the date of the receipt of the goods, whichever date 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 an authorized representative of the City of Dubuque. 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, delivered, and/or 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,service, 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, state, or local statute, regulation,or ordinance has been or will be violated in the manufacturing, sale, delivery, or performance 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 Agreement govern in the event of conflict with any term of the Vendor's proposal and are not subject to change by reason of any written or verbal statement by the Vendor, nor by any terms stated in the Vendor's acknowledgement, unless the 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 applicable regulations. Page 6 of 8 Page 409 of 1000 EXHIBIT B INSURANCE SCHEDULE (insert applicable insurance schedule here) Page 7 of 8 Page 410 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors 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&Glazing Masonry Stump Grinding Drywall Systems Painting&Wall Covering Tank Coating FertilizerApplication Pest Control Tree Removal Geotech Boring Scaffolding Tree Trimming Insulation Sidewalks Tuckpointing Finish Carpentry Plastering Vehicular Snow Removal Waterproofing Well Drilling CLASS C: Carpet Cleaning General Cleaning Power Washing Carpet&Resilient Grass Cutting Tile&Terrazzo Flooring Flooring Janitorial Window Washing Caulking&Sealants Non-Vehicular Snow&Ice Removal Acoustical Ceiling Office Furnishings Filter Cleaning Page 411 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors 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 bythe lowa Department of Insurance or an equivalent approved bythe Chief Financial Officer or Designee. The certificate must clearly indicate the project number, project name, and project description for which it is being provided; e.g., Project# Project Name: MSA contract or Project Location at All City Locations 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: Finance Department, City of Dubuque, 50 W. 13th St. Dubuque, IA 52001 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 a failure for the failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage. The City of Dubuque may request a copy of such certificates from the Contractor 6. All required endorsements to various policies shall be attached to certificate of insurance. 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 the agenYs 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 risk or other special circumstances during the term of the contract, subject to written mutual agreement attached hereto. Page 412 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors CITY OF DUBQUE INSURANCE SCHEDULE F (continued) EXHIBIT I A. COMMERCIAL GENERAL LIABILITY GeneralAggregate 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 from BP 00 02. All deviations from the standard ISO commercial general liabilityform CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG25 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 and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2010(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 13t"St, Dubuque, IA 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 as amended. Coverage A Statutory—State of lowa Coverage B Employers Liability Each Accident $100,000 Each Employee- Disease $100,000 Policy Limit—Disease $500,000 Page 413 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors CITY OF DUBUQUE INSURANCE SCHEDULE F (continued) 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 lessee, licensee, or permittee is not required to purchase Workers' Compensation Insurance,the lessee, licensee, or permittee shall have a copy of the State's Nonelection of Workers'Compensation or Employers' Liability Coverage form on file with the 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 anyvehicles, coverage is required on non-owned and hired vehicles. 1) Policy shall include Waiver of Right to Recovery from Others Endorsement. D. UMBRELLA/EXCESS LIABILITY Umbrella liability coverage must be at least following form with the underlying policies included herein. 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 Class 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. Page 414 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors CITY OF DUBUQUE INSURANCE SCHEDULE F (continued) 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 $4,000,0000 1. Policy to include job site and transportation coverage. 2. 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 2026. 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 9948. Pollution Liability—Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the owner's property. CITY OF DUBUQUE INSURANCE SCHEDULE F Page 415 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors (continued) lowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the Dubuque Regional Airport 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,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission as an additional insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, lowa,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission under Code of lowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense 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 bythe terms and conditions of this insurance policy. 3. Assertion of Government Immunitv. City of Dubuque, lowa,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timelywritten request of the insurer. 4. Non-Denial of Covera�e.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,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission 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,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission. 5. No Other Change in Polic�The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 416 of 1000 EXHIBIT C FEE STRUCTURE (when applicable) (PRICING FROM VENDOR WILL BE ADDED HERE IF RECEIVED) Page 8 of 8 Page 417 of 1000 THE C1TY fJF �_ I�►�B � � Masterpaece on the Mississippi CITY OF DUBUQUE, IOWA MASTER SERVICES AGREEMENT CITY CONTRACT# Vendor: 21 All City Departments Name: Advantage Sheet Metal Inc. Attn: City of Dubuque Finance Department Address: 1160 E. 12th Street 50 West 13�"Street Address: Dubu ue, IA 52001 Dubu ue, lowa 52001 Contract Commencement: os-o�-zs Contract Termination/Renewal Date:oe-o�-2�-auto renew Shi in Terms: FOB Destination Pa ment Terms: 60 Da s 1. SERVICES Except as otherwise provided herein, this Master Services Agreement(MSA or this"Agreement")shall apply to any work performed by Vendor, on or after the date on which Vendor executes this Agreement(the"Effective Date"), on any Project (defined below) for the City of Dubuque (4he"City"), regardless of which City department oversees the Project.Vendor shall perform services as required and described in one or more Statements of Work(SOVI� issued under this MSA. This Agreement is not intended to provide Vendor with any guarantee regarding any particular amount of work or engagement with the City, but it is intended to govern all such work or engagement which may be performed for or on behalf of the City by Vendor. F�r purposes of this Agreement,"Parties"shall mean the Vendor and the City, and the"Project" shall mean the work described in the applicable SOW(s). In the event of any conflict between the terms of this Agreement and those of the SOW, the terms of this Agreement shall govern unless the SOW expressly provides otherwise and is signed by an authorized representative of the City. Each SOW shall include, at a minimum: • Description of specific services/deliverables; • Schedufe and/or milestones; • Fees; and • Specifically reference the MSA when applicable. 2. TERM The term of this Agreement shall be one (1) year, commencing upon Effective Date. Upon expiration of the initial term, thisAgreement shall automatically renew for successive one (1) year periods unless either party provides written notice of termination at least thirty(30) days prior to the expiration of the then-current term. Notwithstanding the foregoing, all obligations of the City are subject to annual appropriation of funds. If any automatic renewal of this Agreement would violate applicable law, then the Agreement shall instead terminate at the end of the then- current term, without penalty to either party. 3. COMPENSATION AND INVOICING The City shall compensate the Vendor in accordance with the pricing specified in each applicable SOW. The Vendor's general fee schedule, if applicable, shall be attached hereto as Exhibit C. All invoices shall be due and payable within sixty(60) days of receipt by the City. 4. COMPLIANCE WITH LAWS The work shall be completed in full compliance with this Agreement,as well as with all applicable federal, state, and local laws, including the laws of the State of lowa and ordinances of the City.The Vendor is responsible for obtaining all required licenses and permits necessary to perform the work. The Vendor shall ensure ongoing compliance with all relevant legal and regulatory requirements throughout the performance of this Agreement. Page 1 of 8 Page 418 of 1000 5. DEFECTIVE MATERIALS The Vendor must promptly remove any materials deemed defective or improper by the City, as well as any wark found to be unsuitable or unacceptable. All such defective or improper materials and all such unsuitable or unacceptable work shall be promptly removed and replaced or corrected to the City's satisfaction, all at the Vendor's sole expense.All materials provided by the Vendor shall meet the quality standards specified in this Agreement and the applicable SOWs, and all materials shall be installed and all work completed in full compliance with those documents. The Vendor shall be liable to the City for any damage to City property arising out of or related to the Vendor's negligent performance of the Project. 6. UNDERSTANDING The Vendor has read and understands this Agreement, including all applicable SOWs and all other documents attached hereto or incorporated herein by reference. Vendor has reviewed and understands the project description set forth in the applicable SOWs and all attached special conditions, if any. The Vendor agrees not to claim misunderstanding or misrepresentation due to estimates of quantity,nature, location,or other circumstances related to the performance of this Agreement. 7. INDEMNIFICATION; LIA�ILITY FOR CITY DAMAGE To the fullest extent permitted by law, the Vendor 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 Agreement, provided that such claim, damages, loss, or expense is attributable to bodily injury, sickness, disease, death, or injury to, or destruction of property(other than the Project itselfl including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Vendor, the Vendor's subvendor, or anyone directly or indirectly employed by the Vendor or the Vendor's subvendor, or anyone for whose acts the Vendor or the Vendor's subvendor may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 8. INSURANCE Prior to the commencement of any work on the Project, and at all times during the perFormance of this Agreement, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule, as indicated and attached heret�as Exhibit B. 9. AUTHORIZATION The Vendor agrees that no work on the Project shall commence until the City has authorized said work in writing. Any work started by the Vendor prior to the City's authorization shall be considered unauthorized and done at the sole risk and expense of the Vendor. 10. WARRANTY The Vendor warrants that (a) all goods and services provided under this Agreement shall be free from defects in materials and workmanship; (b) all services provided under this Agreement shall be performed in accordance with current industry standards; and (c) all goods meet or exceed the manufacturer's warranty. 11. TERMINATION The City rnay terminate this Agreement with or without cause upon fourteen (14) days'written notice delivered to the Vendor. In the event of termination, the City shall only be responsible to pay for the services satisfactorily performed by the Vendor to the effective date of termination. 12. INDEPENDEfdT VENDOR RELi4TIONSHIP It is expressly understood that the Vendor is an independent vendor and not an employee of the City. The Vendor shall have control over the manner in which the services are performed under this Agreement. The Vendor shall supply, at its own expense, all materials, supplies, equipment, and tools required to accomplish the services contemplated by this Agreement. The Vendor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick or vacation leaves, workers' compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. Nothing in this Agreement shall be deemed to constitute a partnership,joint venture, or agency relationship between the Parties. Page 2 of 8 Page 419 of 1000 13. ENTIRE AGREEMENT This Agreement (including the Exhibits attached hereto) contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior negotiations, correspondence, conversations, agreements, and understandings concerning the subject matter hereof. Accordingly, the parties agree that no deviation from the terms hereof shail be predicated upon any prior representation, agreement, or understanding, whether oral or written. Provided, however, that nothing in this Section 13 shall be construed as abrogating, replacing, or otherwise modifying any written agreement between the Parties which was executed prior to the Effective Date hereof. 14. ASSIGNMENT The Vendor may not assign this Agreement to any other person or entity unless and until written consent is obtained from the City. Such consent may be granted, withheld, delayed, or conditioned at the City's sole and exclusive discretion. 15. AMENDMENTS Any modification or amendment to this Agreement shall require a written agreement signed by the Parties. 16. NONDISCRIMINATION The Vendor shall not discriminate or permit discrimination in its operations or employment practices against any person or group of persons on the ground of race, creed, color, sex, national origin, familial status, religion, age, disability, marital status, sexual orientation, gender identity, or any other characteristic protected by federal, state, or local laws, rules, or ordinances. 17. GOVERNMENTAL DATA/PRIVACY The Vendor agrees to abide by all applicable federal, state, and local rules, regulations, vr orders regarding data privacy or confidentiality. 18. SAVINGS CLAUSE If any court of competent jurisdiction finds any portion of this Agreement to be contrary to law, invalid, or unenforceable, the remainder of the Agreement will remain in full force and effect, and each remaining term shali be valid and enforceable to the fullest extent permitted by law. 19. COUNTERPARTS AND ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall constitute an original, and all of which together shal� constitute one and the same document. This Agreement may be executed by the parties and transmitted by electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. 20. DISPUTES A. Informal Resolution. The Parties shall make a good-faith effort to resolve any claim, dispute, or controversy arising out of or relating to this Agreement (each a "Dispute") through informal discussions between authorized representatives of the parties. Either party may provide written notice of a Dispute to the other party describing the nature of the issue in reasonable detail. Within no later than ten (10) business days after such notice, the parties shall confer in good faith in an attempt to resolve the Dispute. B.Voluntary Mediation. If the Dispute is not resolved through informal discussions, either party may request that the matter be submitted to non-binding mediation. Mediation shall occur only upon mutual agreement of the parties. Unless otherwise agreed, mediation shall be conducted by a mutually acceptable mediator in the State of lowa. The parties shall share the mediator's fees and administrative costs equally, and each party shall bear its own attorney fees and costs. Participation in mediation is voluntary and non-binding. Nothing in this Section 20 shall be construed to require either party to settle a Dispute or to impair either party's legal rights or remedies. Page 3 of 8 Page 420 of 1000 C. No Binding Arbitration. The parties expressly agree that no provision of this Agreement shall be interpreted to require binding arbitration.Any Dispute not resolved by informal discussions or mediation may be pursued in a court of competent jurisdiction as provided herein. D. Preservation of Governmental Immunities and Defenses. Nothing in this Agreement, including this Section 20, shall be construed as a waiver of any immunity, limitation of liability, notice requirement, damage limitation, or other protection afforded to the City under applicable law, including but not limited to lowa Code chapter 670 and other applicable provisions of lowa law.All such defenses and protections are expressly preserved. E. Statutory Notice Requirements. To the extent applicable, any claim against the City shall be subject to all statutory notice requirements and limitations periods provided by lowa law. Participation in informal discussions or mediation shall not toll any applicable statute of limitations unless expressly agreed in writing by the Parties. F. Continued Performance. During the pendency of any Dispute, the Vendor shall continue to perForm its obligations under this Agreement unless and until this Agreement is terminated in accordance with its terms. 21. SAFETYAND HEALTH All materials and services provided under this Agreement shall conform to the requirements of the Federal Occupational Safety and Health Act and all regulations and standards issued by the Secretary of Labor thereunder. Upon the City's request, the Vendor shall provide appropriate certifications demonstrating compliance with such laws, orders, rules, and regulations. The Vendor shall handle, use, and dispose of all materials and substances, including those used or provided by the Vendor or its subvendors, in accordance with all applicable laws and regulations; this includes, but is not limited to, materials classified as hazardous by law or regulation. The Vendor shall indemnify, defend, and hold harmless the City from and against any and all claims,penalties,fines,judgments, or orders arising from Vendor's failure to properly handle, use, or dispose of any such material or substance. 22. MISCELLANEOUS A. Conflict of Terms. In the event of any conflict or inconsistency between this MSA and any terms or conditions provided by Vendor(including without limitation on SOWs, invoices, quotes, order confirmations, or online terms), this MSA shall control. Vendor's terms and conditions are expressly rejected and shall not apply unless specifically incorporated into this MSA by a written amendment executed by both Parties. B. Public Records.Vendor acknowledges that the City is subject to the requirements of the lowa Open Records Act and that records relating to this Agreement may be subject to public disclosure. Vendor further acknowledges that records in the possession or control of Vendor relating to the performance of services under this Agreement may be deemed public records. The Parties acknowledge and agree that all information, data, and records exchanged, generated, or maintained under this Agreement may be considered public records. Vendor agrees to maintain complete and accurate records relating to the services performed under this Agreement. Upon request by the City, Vendor shall promptly provide the City with copies of any records, documents, data, correspondence, or other information in Vendor's possession or control relating to this Agreement. Vendor shall provide such records in the format requested by the City if reasonably available. Vendor shall cooperate with the City in responding to requests for public records and shall provide requested records within the time period reasonably specified by the City so that the City may comply with its obligations under the lowa Open Records Act. If Vendor believes that any information provided to the City contains trade secrets or confidential information exempt from disclosure under applicable law, Vendor shall clearly identify such information in writing at the time it is provided to the Citv and shall state the tegal basis for the claimed exemption. Vendor acknowledges and agrees that the City has an obligation to independently determine whether any record is exempt from disclosure and, unless ordered otherwise by a court of competent jurisdiction, the City's determination shall control. Page 4 of 8 Page 421 of 1000 4it�-' To the extent permitted by law, Vendor shall indemnify and hold the City harmless from any claims, damages, penalties, costs, or attorney fees arising from the City's reliance upon Vendor's designation of information as confidential, propriefiary, or otherwise exempt from disclosure. THE PARTIES AGREE THIS MSA SHALL APPLY TO ALL SERVICES PERFORMED BY OR ON BEHALF OF VENDOR FROM ON AND AFTER THE EFF�CTIVE DATE 7HROUGH THE END OF THE TERM HEREOF,except those services performed pursuant fio a separate wrltten agreement which either (a)was executed by the Parties and effective � prior to the Effective Date hereof,or(b)is executed by the Parties and contains language expressly exempting the agreement from the terms of this MSA. Notwithstanding the foregoing, the Partles may, upon written consent of both Parties,make a prior,agreement subject to fihis MSA. CtTY OF DUBUQUE, IOWA VENDOR: .. By; � 05/20/2026 Advantage Sheet Metal, Inc. M'chael C.Van Milligen " Date Company Name City Manager , b 1 gY� ��z- .�;a �`,�- ' , "'�/� �'� � "'�'�� Signature . Date Dennis M. Willett Printed Name President Title � � . � I i I� i ; I � I i Page 5 of 8 � i i i Page 422 of 1000 EXHIBIT A:ADDITIONAL TERMS AND CONDITIONS The following terms and conditions shall apply this Agreement: 1. The City of Dubuque is exempt from federal excise tax and lowa sales tax. No such tax shall be charged to the City. 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 shall submit the original invoice to the requesting Department's address as shown in the SOW or similar document. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized in writing. 5. It is understood by the Vendor that the cash discount period applicable to the City of Dubuque, if any,will commence from the receipt of the invoice or from the date of the receipt of the goods, whichever date 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 an authorized representative of the City of Dubuque. 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 pracess sold, delivered, and/or 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,service, 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, state, or local statute, regulation, or ordinance has been or will be violated in the manufacturing, sale, delivery, or performance 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 Agreement govern in the event of conflict with any term of the Vendor's proposal and are not subject to change by reason of any written or verbal statement by the Vendor, nor by any terms stated in the Vendor's acknowledgement, unless the 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 applicable regulations. Page 6 of 8 Page 423 of 1000 EXHIBIT B INSURANCE SCHEDULE (insert applicable insurance schedule here) Page 7 of 8 Page 424 of 1000 City of Dubuque Insurance Requirements for General,Artisan orTrade Contractors,Subcontractors or Sub-Subcontractors INSURANCE - SCHEDULEF 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&Glazing Masonry Stump Grinding Drywall 5ystems Painting&Wall Covering Tank Coating FertilizerApplication Pest Control Tree Removal Geotech Boring Scaffolding Tree Trimming Insulation Sidewalks Tuckpointing Finish Carpentry Plastering Vehicular Snow Removal Waterproofing Well Drilling CLASS C: Carpet Cleaning General Cleaning Power Washing Carpet&Resilient Grass Cutting Tile&Terrazzo Flooring Flooring Janitorial Window Washing Caulking&Sealants Non-Vehicular Snow&Ice Removal Acoustical Ceiling Office Furnishings Filter Cleaning Page 425 of 1000 THE CITY OF DUB E Masterpiece on the Mississippi CITY OF DUBUQUE, IOWA MASTER SERVICES AGREEMENT CITY CONTRACT# Vendor: 225 All City Departments Name: Dubuque Fire Equipment Attn: City of Dubuque Finance Department Address: 1170 Roosevelt St. Ext. 50 West 13t'' Street Address: Dubuque, IA 52001 Dubuque, lowa 52001 COIItYaCt C011llll@IlC@Illellt: 05-13-26 COCItI'aCt Tefllllllat1011/R@IIeWaI Dat@: 05-13-27-Auto renew Shippin Terms: FOB Destination Pa ment Terms: 60 Da s 1. SERVICES Except as otherwise provided herein, this Master Services Agreement(MSA or this"AgreemenY')shall apply to any work performed by Vendor, on or after the date on which Vendor executes this Agreement(the "Effective Date"), on any Project (defined below)for the City of Dubuque (the "City"), regardless of which City department oversees the Project.Vendor shall perform services as required and described in one or more Statements of Work(SOW) issued under this MSA. This Agreement is not intended to provide Vendor with any guarantee regarding any particular amount of work or engagement with the City, but it is intended to govern all such work or engagement which may be performed for or on behalf of the City by Vendor. For purposes of this Agreement,"Parties"shall mean the Vendor and the City, and the "Project" shall mean the work described in the applicable SOW(s). In the event of any conflict between the terms of this Agreement and those of the SOW, the terms of this Agreement shall govern unless the SOW expressly provides otherwise and is signed by an authorized representative of the City. Each SOW shall include, at a minimum: • Description of specific services/deliverables; • Schedule and/or milestones; • Fees; and • Specifically reference the MSA when applicable. 2. TERM The term of this Agreement shall be one (1) year, commencing upon Effective Date. Upon expiration of the initial term, this Agreement shall automatically renew for successive one (1) year periods unless either party provides written notice of termination at least thirty(30)days prior to the expiration of the then-current term. Notwithstanding the foregoing, all obligations of the City are subject to annual appropriation of funds. If any automatic renewal of this Agreement would violate applicable law, then the Agreement shall instead terminate at the end of the then- current term, without penalty to either party. 3. COMPENSATION AND INVOICING The City shall compensate the Vendor in accordance with the pricing specified in each applicable SOW. The Vendor's general fee schedule, if applicable, shall be attached hereto as Exhibit C. All invoices shall be due and payable within sixty (60)days of receipt by the City. 4. COMPLIANCE WITH LAWS The work shall be completed in full compliance with this Agreement, as well as with all applicable federal, state, and local laws, including the laws of the State of lowa and ordinances of the City.The Vendor is responsible for obtaining all required licenses and permits necessary to perform the work. The Vendor shall ensure ongoing compliance with all relevant legal and regulatory requirements throughout the performance of this Agreement. Page 1 of 8 Page 426 of 1000 5. DEFECTIVE MATERIALS The Vendor must promptly remove any materials deemed defective or improper by the City, as well as any work found to be unsuitable or unacceptable. All such defective or improper materials and all such unsuitable or unacceptable work shall be promptly removed and replaced or corrected to the City's satisfaction, all at the Vendor's sole expense.All materials provided by the Vendor shall meet the quality standards specified in this Agreement and the applicable SOWs, and all materials shall be installed and all work completed in full compliance with those documents. The Vendor shall be liable to the City for any damage to City property arising out of or related to the Vendor's negligent performance of the Project. 6. UNDERSTANDING The Vendor has read and understands this Agreement, including all applicable SOWs and all other documents attached hereto or incorporated herein by reference. Vendor has reviewed and understands the project description set forth in the applicable SOWs and all attached special conditions, if any. The Vendor agrees not to claim misunderstanding or misrepresentation due to estimates of quantity, nature, location,or other circumstances related to the performance of this Agreement. 7. INDEMNIFICATION; LIABILITY FOR CITY DAMAGE To the fullest extent permitted by law, the Vendor 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 Agreement, provided that such claim, damages, loss, or expense is attributable to bodily injury, sickness, disease, 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 Vendor, the Vendor's subvendor, or anyone directly or indirectly employed by the Vendor or the Vendor's subvendor, or anyone for whose acts the Vendor or the Vendor's subvendor may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 8. INSURANCE Prior to the commencement of any work on the Project, and at all times during the performance of this Agreement, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule, as indicated and attached hereto as Exhibit B. 9. AUTHORIZATION The Vendor agrees that no work on the Project shall commence until the City has authorized said work in writing. Any work started by the Vendor prior to the City's authorization shall be considered unauthorized and done at the sole risk and expense of the Vendor. 10. WARRANTY The Vendor warrants that (a) all goods and services provided under this Agreement shall be free from defects in materials and workmanship; (b) all services provided under this Agreement shall be performed in accordance with current industry standards; and (c) all goods meet or exceed the manufacturer's warranty. 11. TERMINATION The City may terminate this Agreement with or without cause upon fourteen (14) days' written notice delivered to the Vendor. In the event of termination, the City shall only be responsible to pay for the services satisfactorily performed by the Vendor to the effective date of termination. 12. INDEPENDENT VENDOR RELATIONSHIP It is expressly understood that the Vendor is an independent vendor and not an employee of the City. The Vendor shall have control over the manner in which the services are performed under this Agreement. The Vendor shall supply, at its own expense, all materials, supplies, equipment, and tools required to accomplish the services contemplated by this Agreement. The Vendor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick or vacation leaves, workers' compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. Nothing in this Agreement shall be deemed to constitute a partnership,joint venture, or agency relationship between the Parties. Page 2 of 8 Page 427 of 1000 13. ENTIRE AGREEMENT This Agreement (including the Exhibits attached hereto) contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior negotiations, correspondence, conversations, agreements, and understandings concerning the subject matter hereof. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation, agreement, or understanding, whether oral or written. Provided, however, that nothing in this Section 13 shall be construed as abrogating, replacing, or otherwise modifying any written agreement between the Parties which was executed prior to the Effective Date hereof. 14. ASSIGNMENT The Vendor may not assign this Agreement to any other person or entity unless and until written consent is obtained from the City. Such consent may be granted, withheld, delayed, or conditioned at the City's sole and exclusive discretion. 15. AMENDMENTS Any modification or amendment to this Agreement shall require a written agreement signed by the Parties. 16. NONDISCRIMINATION The Vendor shall not discriminate or permit discrimination in its operations or employment practices against any person or group of persons on the ground of race, creed, color, sex, national origin, familial status, religion, age, disability, marital status, sexual orientation, gender identity, or any other characteristic protected by federal, state, or local laws, rules, or ordinances. 17. GOVERNMENTAL DATA/PRIVACY The Vendor agrees to abide by all applicable federal, state, and local rules, regulations, or orders regarding data privacy or confidentiality. 18. SAVINGS CLAUSE If any court of competent jurisdiction finds any portion of this Agreement to be contrary to law, invalid, or unenforceable, the remainder of the Agreement will remain in full force and effect, and each remaining term shall be valid and enforceable to the fullest extent permitted by law. 19. COUNTERPARTS AND ELECTRONIC SIGNATURES This Agreement 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 Agreement may be executed by the parties and transmitted by electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. 20. DISPUTES A. Informal Resolution. The Parties shall make a good-faith effort to resolve any claim, dispute, or controversy arising out of or relating to this Agreement (each a "Dispute") through informal discussions between authorized representatives of the parties. Either party may provide written notice of a Dispute to the other party describing the nature of the issue in reasonable detail. Within no later than ten (10) business days after such notice, the parties shall confer in good faith in an attempt to resolve the Dispute. B. Voluntary Mediation. If the Dispute is not resolved through informal discussions, either party may request that the matter be submitted to non-binding mediation. Mediation shall occur only upon mutual agreement of the parties. Unless otherwise agreed, mediation shall be conducted by a mutually acceptable mediator in the State of lowa. The parties shall share the mediator's fees and administrative costs equally, and each party shall bear its own attorney fees and costs. Participation in mediation is voluntary and non-binding. Nothing in this Section 20 shall be construed to require either party to settle a Dispute or to impair either party's legal rights or remedies. Page 3 of 8 Page 428 of 1000 C. No Binding Arbitration. The parties expressly agree that no provision of this Agreement shall be interpreted to require binding arbitration.Any Dispute not resolved by informal discussions or mediation may be pursued in a court of competent jurisdiction as provided herein. D. Preservation of Governmental Immunities and Defenses. Nothing in this Agreement, including this Section 20, shall be construed as a waiver of any immunity, limitation of liability, notice requirement, damage limitation, or other protection afforded to the City under applicable law, including but not limited to lowa Code chapter 670 and other applicable provisions of lowa law. All such defenses and protections are expressly preserved. E. Statutory Notice Requirements. To the extent applicable, any claim against the City shall be subject to all statutory notice requirements and limitations periods provided by lowa law. Participation in informal discussions or mediation shall not toll any applicable statute of limitations unless expressly agreed in writing by the Parties. F. Continued Performance. During the pendency of any Dispute, the Vendor shall continue to perform its obligations under this Agreement unless and until this Agreement is terminated in accordance with its terms. 21. SAFETY AND HEALTH All materials and services provided under this Agreement shall conform to the requirements of the Federal Occupational Safety and Health Act and all regulations and standards issued by the Secretary of Labor thereunder. Upon the City's request, the Vendor shall provide appropriate certifications demonstrating compliance with such laws, orders, rules, and regulations. The Vendor shall handle, use, and dispose of all materials and substances, including those used or provided by the Vendor or its subvendors, in accordance with all applicable laws and regulations; this includes, but is not limited to, materials classified as hazardous by law or regulation. The Vendor shall indemnify, defend, and hold harmless the City from and against any and all claims, penalties,fines,judgments, or orders arising from Vendor's failure to properly handle, use, or dispose of any such material or substance. 22. MISCELLANEOUS A. Conflict of Terms. In the event of any conflict or inconsistency between this MSA and any terms or conditions provided by Vendor (including without limitation on SOWs, invoices, quotes, order confirmations, or online terms), this MSA shall control. Vendor's terms and conditions are expressly rejected and shall not apply unless specifically incorporated into this MSA by a written amendment executed by both Parties. B. Public Records. Vendor acknowledges that the City is subject to the requirements of the lowa Open Records Act and that records relating to this Agreement may be subject to public disclosure. Vendor further acknowledges that records in the possession or control of Vendor relating to the performance of services under this Agreement may be deemed public records. The Parties acknowledge and agree that all information, data, and records exchanged, generated, or maintained under this Agreement may be considered public records. Vendor agrees to maintain complete and accurate records relating to the services performed under this Agreement. Upon request by the City, Vendor shall promptly provide the City with copies of any records, documents, data, correspondence, or other information in Vendor's possession or control relating to this Agreement. Vendor shall provide such records in the format requested by the City if reasonably available. Vendor shall cooperate with the City in responding to requests for public records and shall provide requested records within the time period reasonably specified by the City so that the City may comply with its obligations under the lowa Open Records Act. If Vendor believes that any information provided to the City contains trade secrets or confidential information exempt from disclosure under applicable law, Vendor shall clearly identify such information in writing at the time it is provided to the Citv and shall state the legal basis for the claimed exemption. Vendor acknowledges and agrees that the City has an obligation to independently determine whether any record is exempt from disclosure and, unless ordered otherwise by a court of competent jurisdiction, the City's determination shall control. Page 4 of 8 Page 429 of 1000 To the extent permitted by law, Vendor shall indemnify and hold the City harmless from any claims, damages, penalties, costs, or attorney fees arising from the City's reliance upon Vendor's designation of information as confidential, proprietary, or otherwise exempt from disclosure. THE PARTIES AGREE THIS MSA SHALL APPLY TO ALL SERVICES PERFORMED BY OR ON BEHALF OF VENDOR FROM ON AND AFTER THE EFFECTIVE DATE THROUGH THE END OF THE TERM HEREOF, except those services performed pursuant to a separate written agreement which either (a) was executed by the Parties and effective prior to the Effective Date hereof, or(b) is executed by the Parties and contains language expressly exempting the agreement from the terms of this MSA. Notwithstanding the foregoing, the Parties may, upon written consent of both Parties, make a prior agreement subject to this MSA. CITY OF DUBUQUE, IOWA VENDOR: By: � 05/20/2026 Dubuque Fire Equipment ichael C. Van Millig n Date Company Name City Manager gy: Allison Suckow oa9�ea'Zo26o5°,5Y,6";;°59°0500 05/15/2026 Signature Date Allison Suckow Printed Name Vice President Title Page 5 of 8 Page 430 of 1000 EXHIBIT A:ADDITIONAL TERMS AND CONDITIONS The following terms and conditions shall apply this Agreement: 1. The City of Dubuque is exempt from federal excise tax and lowa sales tax. No such tax shall be charged to the City. 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 shall submit the original invoice to the requesting Department's address as shown in the SOW or similar document. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized in writing. 5. It is understood by the Vendor that the cash discount period applicable to the City of Dubuque, if any,will commence from the receipt of the invoice or from the date of the receipt of the goods, whichever date 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 an authorized representative of the City of Dubuque. 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, delivered, and/or 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,service, 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, state, or local statute, regulation,or ordinance has been or will be violated in the manufacturing, sale, delivery, or performance 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 Agreement govern in the event of conflict with any term of the Vendor's proposal and are not subject to change by reason of any written or verbal statement by the Vendor, nor by any terms stated in the Vendor's acknowledgement, unless the 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 applicable regulations. Page 6 of 8 Page 431 of 1000 EXHIBIT B INSURANCE SCHEDULE (insert applicable insurance schedule here) Page 7 of 8 Page 432 of 1000 City of Dubuque Insurance Requirements for Vendors(Suppliers,Service Providers) CITY OF DUBUQUE 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 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 whythe certificate was issued. Vendor Service Agreement dated: 05-13-26 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: City of Dubuque, Finance Department, 50 W. 13t"Street, Dubuque, lowa, 52001. 4. The Vendor 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 certificate. 7. Whenever a specific ISO form is listed,the current edition of the form must be used unless an equivalent form is approved by the Chief Financial Officer. The Vendor 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 subcontractor's 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 of Dubuque 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 agent's name, phone number, and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in risk or other special circumstances during the term of the agreement, subject to written mutual agreement of the parties. Page 433 of 1000 City of Dubuque Insurance Requirements for Vendors(Suppliers,Service Providers) CITY OF DUBUQUE INSURANCE SCHEDULE G (continued) EXHIBIT I A. COMMERCIAL GENERAL LIABILITY GeneralAggregate 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 from BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners from 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 2010(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 13t"Street, Dubuque, lowa, 52001. Page 434 of 1000 City of Dubuque Insurance Requirements for Vendors(Suppliers,Service Providers) CITY OF DUBUQUE INSURANCE SCHEDULE G (continued) 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 as amended. 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. OR If, by lowa Code Section 851.A,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. C. POLLUTION LIABILITY Coverage Required: Yes X No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to petroleum products,the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage shall also be covered. Each Coverage $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). Page 435 of 1000 City of Dubuque Insurance Requirements for Vendors(Suppliers,Service Providers) INSURANCE - SCHEDULE G (continued) 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 Coverage Required: Yes X No If the required policy provides claims-made coverage: 1) The retroactive date must be shown and must be before the date of the agreement. 2) Insurance must be maintained, and evidence of insurance must be provided for at least five(5)years after completion of the work or services. 3) If coverage is cancelled or non-renewed and no replaced with another claims-made policyform 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 services. E. CYBER LIABILITY/BREACH $1,000,000 Coverage Required: Yes X No Coverage for First and Third-Party Breach Liability, including but not limited to lost data and restoration, loss of income and cyber breach of information. F. UMBRELLA/EXCESS $1,000,000 X Yes No The General Liability,Automobile Liability, and Employers 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 Waiver of Subrogation and Primary and Non-contributory in favor of the City. Page 436 of 1000 City of Dubuque Insurance Requirements for Vendors(Suppliers,Service Providers) 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 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 is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense 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 bythe terms and conditions of this insurance policy. 3. Assertion of Government Immunitv. 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 Covera�e.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 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. 5. No Other Change in Policv.The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 437 of 1000 EXHIBIT C FEE STRUCTURE (when applicable) (PRICING FROM VENDOR WILL BE ADDED HERE IF RECEIVED) Page 8 of 8 Page 438 of 1000 T�3�CTTY OF ,o'i' � ± � ..��.s.+e.�...,, 1l�Iusterpiece nn the IVXis�is�ippi CITY OF DUBUQUE, IOWA MASTER SERVICES AGREEMENT CITY CONTRACT# Vendor: 1204 All City Departments Name: Dubuqueland Door Co. Attn: Ci1;y of Dubuque Finance Department Address: 14628 Mile Hill Lane 50 West 13th Street Address: Dubuque, IA 52003-8464 Dubuque, lowa 52001 Contract Commencement: 4-�s-Zo2s Contract Termination/Renewal Date:a-�6-2o2�iauco renew Ship in Terms: FOB Destination Pa ment Terms: 60 Da s 1. SERVICES Except as otherwise provided herein,this Master Services Agreement(fV1SA or this"Agreement")shall apply to any work performed by Vendor, on or after the date on which Vendor execut�es this Agreement(the"Effective Dafe"), on any Project(defined below)for the City of Dubuque (the "City"), regardless of which City department oversees the Project.Vendor shall perform services as required and described in one or more Statements of Work(SOW)issued under this MSA. This Agreement is not intended to provide Vendor wuth any guarantee regarding any particular amount of work or engagement with the City, but it is intended to govern all such work or engagement which may be performed for or on behalf of the City by Vendor. For purposes of this��greement,"Parties"shall mean the Vendor and the City, and the"Project"shall mean the work described in the applicable SOW(s). In the event of any conflict between the terms of this Agreement and those of the SOW, the terms of this Agreement shall govern unless the SOW expressly provides otherwise and is signed by an authorized re:presentative of the City. Each SOW shall include, at a minimum: • Description of specific services/deliverables; • Schedule and/or milestones; • Fees; and • Specificatly reference the MSA when applicable. 2. TERM The term of this Agreement shall be one (1) year, commencing upon Effective Date. Upon expiration of the initial term, this Agreement shall automatically renew for successive one (1) year periods unless either party provides written notice of termination at least thirty (30)days prior to the expiration of the then-current term. Notwithstanding the foregoing, all obligations of the City are subject to annual appropri��tion of funds. If any automatic renewal af this Agreement would violate appiicable law, then the Agreement shall instead terminate at the end of the then- current term, without penalty to either party. 3. COMPENSATION AND INVOIClNG The city shall compensate the Vendor in accordance with the pricing specified in each applicable SOW. The Vendor's general fee schedule, if applicable, shall be attached hereto as Exhibit C. All invoices shall be due and payable within sixty(60)days of receipt by the City. 4. COMPLIANCE WITH LAWS The work shall be completed in full compliance with this Agreement, as well as with all applicable federal,state, and local laws, including the laws of the State of lowa and ordinances of the City.The Vendor is responsible for obtaining all required licenses and permits necessary to perform the work.The Vendor shall ensure ongoing compliance with all relevant legal and regulatory requirements throughout the perFormanc:e of this Agreement. Page 439 of 1000 Page 1 of 8 5. DEFECTIVE MATERIALS The Vendor must promptiy remove any materiais deemed defective or improper 6y the City, as well as any work found to be unsuitable or unacceptabie. All such defective or improper materials and all suCh unsuitable or unacceptable work shall be promptly removed and replaced or corrected to the City's satisfactian,all at the Vendor's sole expense.All materials provided by the Vendor shall meet the qualii:y standards specified in this Agreement and the applicable SOWs, and all materials shall be installed and all work completed in full compliance with those documents. The Vendor shall be liable to the City for any damage to i�ity property arising out of or related to the Vendor's negligent performance of the Project. 6. UNDERSTANpING The Vendor has read and understands this Agreement, including all applicable SOWs and all other documents attached hereto or incorporated herein by reference. Vendor has reviewed and understands the project description set forth in the applicable SOWs and all attached special condition;5, if any. The Vendor agrees not to claim misunderstanding or misrepresentation due to estimates of quantity, nat�ure, location,or other circumstances related to the perFormance of this Agreement. 7. INDEMNIFICATION; LIABILITY FOR CITY DAMAGE To the fullest extent permitted by law, the Vendor shall indemnify and hold harmless the City from and against all claims, damages, losses, and expenses, including but not limited to att��rneys'fees, arising out of or resulting from pertormance of the Agreement, provided that such claim, damages, los:s, or expense is attributable to bodily injury, sickness, disease, death, or injury to, or destruction of property (other i:han 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 Vendor, the Vendor's subvendor, or anyone directly or indirectly employed by the Vendor or the Vendor's subvendor, or anyone for whose acts the Vendor or the Vendor's subvendor may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 8. INSURANCE Prior to the commencement of any work on the Project, and at all times during the performance of this Agreement, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule, as indicated and attached hereto as Exhibit B. 9. AUTHORIZATION The Vendor agrees that no work on the Project shall commence until tYie City has authorized said work in writing. Any work started by the Vendor prior to the City's authorization shall be: considered unauthorized and done at the sole risk and expense of the Vendor. 10. WARRANTY The Vendor warrants that (a) all goods and services provided under this Agreement shall be free from defects in materials and workmanship; (b) all services provided under this Agreerrient shall be performed in accordance with current industry standards; and (c) all goods meet or exceed the manuf��cturer's warranty. 11. TERMINATION Tne C�ty may terminate this Agreement with or without cause upon fourteen (14) days'written notice delivered to the Vendor. In the event of termination, the City shall only be responsible to pay for the services satisfactorily performed by the Vendor to the effective date of termination. 12. INDEPENDENT VENDOR RELATIONSHIP It is expressly understood that the Vendor is an independent vendor ani� not an employee of the City. The Vendor shall have control over the manner in which the services are performe�� under this Agreement. The Vendor shall supply, at its own expense, all materials, supplies, equipment, and tools required to accomplish the services Conternplated by this Agreement. The Vendor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick or vacation leaves, workers' compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. Nothir�g in this Agreemen4 shall be deemed to constitute a partnership,joint venture, or agency relationship between th�e Parties. Page 440 of 1000 Page Z of 8 13. ENTIRE AGREEMENT This Agreement (including the Exhibits attached hereto) contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replace;s all prior negotiations, correspondence, conversations, agreements, and understandings concerning the subjE:ct matter hereof. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated up��n any prior representation, agreement, or understanding, whether oral or written. Provided, however, that nothirig in this 5ection 13 shall be construed as abrogating, replacing, or otherwise modifying any written agreement between the Parties which was executed prior to the Effective Date hereof. 14. ASSIGNMENT The Vendor may not assign this Agreement to any other person or entity unless and until written consent is obtained from the City. Such consent may be granted, withheld, delayed, or conditioned at the City's sole and exclusive discretion. 15. AMENDMENTS Any modification or amendment to this Agreement shall require a writtein agreement signed by the Parties. 16. NONDISCRIMINATION The Vendor shall not discriminate or permit discrimination in its operai:ions or employment practices against any person or group of persons on the ground of race, creed, color, sex, national origin, familial status, religion, age, disability, marital status, sexual orientation, gender identity, or any other characteristic protected by federal, state, or local laws, rules, or ordinances. 17. GOVERNMENTAL DATA/PRtVACY The Vendor agrees to abide by all applicable federal, state, and local rules, regulations, or orders regarding data privacy or confidentiality. 18. SAVINGS CLAUSE If any court of competent jurisdiction finds any portion of this Agre�ement to be contrary to law, invalid, or unenforceable, the remainder of the Agreement will remain in full force and effect, and each remaining term shall be valid and enforceable to the fullest extent permitted by law. 19. COUNTERPARTS AND ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which sh��ll constitute an original, and all of which together shall constitute one and the same document. This Agreem�nt may be executed by the parties and transmitted by electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. 20. DISPUTES A. Informal Resolution. The Parties shall make a good-faith effort to iresolve any claim, dispute, or cantroversy arising out of or relating to this Agreement (each a "Dispute") through informal discussions between authorized representatives of the parties. Either party may provide written notice of a Dispute to the other party describing the nature of the issue in reasonable detail. Within no later than ten (10) biasiness days after such notice, the parties shall confer in good faith in an attempt to resolve the Dispute. B. Voluntary Mediation. If the Dispute is not resolved through informal discussions, either party may request that the matter be submitted to non-binding mediation. Mediation shall occur c�nly upon mutual agreement of the parties. Unless otherwise agreed, mediation shall be conducted by a mutually acreptable mediator in the State of lowa.The parties shall share the mediator's fees and administrative costs equally, and each party shall bear its own attorney fees and costs. Participation in mediation is voluntary and non-bind'rng. N�othing in this Section 20 shall be construed �o require ei4her party to settle a Dispute or to impair either party's legal i�ights or remedies. Page 441 of 1000 Page 3 of 8 C. No Binding Arbitration. The parties expressly agree that no proviseon of this Agreement shall be interpreted to require binding arbitration.Any Dispute not resolved by informal discuss;ions or mediation may be pursued in a court of competent jurisdiction as provided herein. D. Preservation of Governmental Immunities and Defenses. Nothing in this Agreement, including this Section 20, shall be construed as a waiver of any immunity, limitation of liabilifi�, notice requirement, damage limitation, or other protection afforded to the City under applicable law, including but not limited to lowa Code chapter 670 and other applicable provisions of lowa law. All such defenses and protectitms are expressly preserved. E. Statutory Notice R@quirements. To the extent applicable, any cl��im against the City shall be subject to all statutory notice requirements and limitations periods provided by lowa Ilaw. Participation in informal discussions or mediation shall not toll any applicable statute of limitations unless expre:ssly agreed in writing by the Parties. F. Continued Performance. During the pendency of any Dispute, the Vendor shall continue to perform its obligations under this Agreement unless and until this Agreement is teriminated in accordance with its terms. 21. SAFETY AND HEQLTH All materials and services provided under this Agreement shall corvform to the requirements of the Federal Occupational Safety and Health Act and all regulations and standards issued by the Secretary of Labor thereunder. Upon the City's request, the Vendor shall provide appropriate certifications demonstrating compliance with such laws, orders, rules, and regulations. The Vendor shall handle, use, an�� dispose of all materials and subStanCes, including those used or provided by the Vendor or its subvendors, iri accordance with all applicable laws and regulations; this includes, but is not limited to, materials classified as h��zardous by law or regulation. The Vendor shall indemnify,defend,and hold harmless the City from and against any and all claims, penalties,fines,judgments, or orders arising from Vendor's failure to properly handle, use, or dispo�;e of any such material or substance. 22. MISCELLANEOUS A. Conflict of Terms. In the event of any conflict or inconsistency betw�een this MSA and any terms or conditions provided by Vendor(including without limitation on SOWs, invoices, qu��tes, order confirmations, or online terms), this MSA shall contral. Vendor's terms and conditions are expressly rejected and shall not apply unless specifically incorporated into this MSA by a written amendment executed by both P�arties. B. Public Records. Vendor acknowledges that the City is subject to th�e requirements of the lowa Open Records Act and that records relating to this Agreement may be subject to public; disclosure. Vendor further acknowledges that records in the possession or control of Vendor relating to the pertc>rmance of services under this Agreement may be deemed pub�ic records. The Parties acknowledge and agree that all information, data, and recc�rds exchanged, generated, or maintained under this Agreement may be considered public records. Vendor agrees to maintain complete and accurate records relating to the services performed under this Agreement. Upon request by the City, Vendor shall promptly provide the City with copies of any records, documents, data, correspondence, or other information in Vendor's possession or control relating to this Agreement. Vendor shall provide such records in the format requested by the City if reasonably a�railable. Vendor shall cooperate with the City in responding to requests for public records and shall provide requested records within the time period reasonably specified by the City so that the City may comply with its obligations under the lowa Open Records Act. If Vendor betieves that any information provided to the City contains trade secrets or confidential information exempt fram disclosure under applicable law, Vendor shall clearly identify such information in writing at the time it is provided to the City and shall state the legaf basis for the claimed exemption. Vendor acknowledges and agrees that the City has an obligation to independently determine whether any re�cord is exempt from disclosure and,unless ordered otherwise by a court of competent jurisdiction, the City's determiination shall control. Page 442 of 1000 Page 4 of 8 To the extent permitted by law, Vendor shall indemnify and hold the City harmless from any claims, damages, penalties, costs, or attorney fees arising from the City's reliance upon Vendor's designation of ir�formation as confidential, proprietary, or otherwise exempt from disclosure. THE PARTIES AGREE THIS MSA SHALL APPLY TO ALL SERVICES PERF<)RMED BY OR ON BEHALF OF VENDOR FROM ON AND AFTER THE EFFECTIVE DATE THROUGH THE END OF TH'E TERM HEREOF, cxcept those services performed pursuant ta a separate written agreement which either (a) wa�s executed by the Parties and effective prior to the Effective Date hereof, or(b) is executed by the Parties and coratains language expressly exempting the agreement from the terms of this MSA. Notwithstanding the foregoing, tl�e Parties may, upon written consent of both Parties, make a prior agreement subject to this MSA. CITY OF DUBUQUE, IOWA VENDOR: BY� !/ 05/20/2026 �b�, ,,�� .�.�.�' � • M'chael C. Van Millig n Date Co pany�INa City Manager � � gy: ' �, �-,.._ .Z :� ignature � � Da �I�,�� .5�� - Printed Name "'�\ Y" C'_S i �..��---._...i`� Title Page 443 of 1000 Page 5 of 8 THE CITY OF DUB E Masterpiece on the Mississippi CITY OF DUBUQUE, IOWA MASTER SERVICES AGREEMENT CITY CONTRACT# Vendor: 29$ All City Departments Name: Gansen Excavating Attn: City of Dubuque Finance Department Address: 12198 Skyline Rd. 50 West 13t'' Street Address: Dubuque, IA 52003 Dubuque, lowa 52001 Contract Commencement: o5-�z-zs Contract Termination/Renewal Date: os-�z-z�-auto re�ew Shippin Terms: FOB Destination Pa ment Terms: 60 Da s 1. SERVICES Except as otherwise provided herein, this Master Services Agreement(MSA or this"AgreemenY')shall apply to any work performed by Vendor, on or after the date on which Vendor executes this Agreement(the "Effective Date"), on any Project (defined below)for the City of Dubuque (the "City"), regardless of which City department oversees the Project.Vendor shall perform services as required and described in one or more Statements of Work(SOW) issued under this MSA. This Agreement is not intended to provide Vendor with any guarantee regarding any particular amount of work or engagement with the City, but it is intended to govern all such work or engagement which may be performed for or on behalf of the City by Vendor. For purposes of this Agreement,"Parties"shall mean the Vendor and the City, and the "Project" shall mean the work described in the applicable SOW(s). In the event of any conflict between the terms of this Agreement and those of the SOW, the terms of this Agreement shall govern unless the SOW expressly provides otherwise and is signed by an authorized representative of the City. Each SOW shall include, at a minimum: • Description of specific services/deliverables; • Schedule and/or milestones; • Fees; and • Specifically reference the MSA when applicable. 2. TERM The term of this Agreement shall be one (1) year, commencing upon Effective Date. Upon expiration of the initial term, this Agreement shall automatically renew for successive one (1) year periods unless either party provides written notice of termination at least thirty(30)days prior to the expiration of the then-current term. Notwithstanding the foregoing, all obligations of the City are subject to annual appropriation of funds. If any automatic renewal of this Agreement would violate applicable law, then the Agreement shall instead terminate at the end of the then- current term, without penalty to either party. 3. COMPENSATION AND INVOICING The City shall compensate the Vendor in accordance with the pricing specified in each applicable SOW. The Vendor's general fee schedule, if applicable, shall be attached hereto as Exhibit C. All invoices shall be due and payable within sixty (60)days of receipt by the City. 4. COMPLIANCE WITH LAWS The work shall be completed in full compliance with this Agreement, as well as with all applicable federal, state, and local laws, including the laws of the State of lowa and ordinances of the City.The Vendor is responsible for obtaining all required licenses and permits necessary to perform the work. The Vendor shall ensure ongoing compliance with all relevant legal and regulatory requirements throughout the performance of this Agreement. Page 1 of 8 Page 444 of 1000 5. DEFECTIVE MATERIALS The Vendor must promptly remove any materials deemed defective or improper by the City, as well as any work found to be unsuitable or unacceptable. All such defective or improper materials and all such unsuitable or unacceptable work shall be promptly removed and replaced or corrected to the City's satisfaction, all at the Vendor's sole expense.All materials provided by the Vendor shall meet the quality standards specified in this Agreement and the applicable SOWs, and all materials shall be installed and all work completed in full compliance with those documents. The Vendor shall be liable to the City for any damage to City property arising out of or related to the Vendor's negligent performance of the Project. 6. UNDERSTANDING The Vendor has read and understands this Agreement, including all applicable SOWs and all other documents attached hereto or incorporated herein by reference. Vendor has reviewed and understands the project description set forth in the applicable SOWs and all attached special conditions, if any. The Vendor agrees not to claim misunderstanding or misrepresentation due to estimates of quantity, nature, location,or other circumstances related to the performance of this Agreement. 7. INDEMNIFICATION; LIABILITY FOR CITY DAMAGE To the fullest extent permitted by law, the Vendor 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 Agreement, provided that such claim, damages, loss, or expense is attributable to bodily injury, sickness, disease, 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 Vendor, the Vendor's subvendor, or anyone directly or indirectly employed by the Vendor or the Vendor's subvendor, or anyone for whose acts the Vendor or the Vendor's subvendor may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 8. INSURANCE Prior to the commencement of any work on the Project, and at all times during the performance of this Agreement, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule, as indicated and attached hereto as Exhibit B. 9. AUTHORIZATION The Vendor agrees that no work on the Project shall commence until the City has authorized said work in writing. Any work started by the Vendor prior to the City's authorization shall be considered unauthorized and done at the sole risk and expense of the Vendor. 10. WARRANTY The Vendor warrants that (a) all goods and services provided under this Agreement shall be free from defects in materials and workmanship; (b) all services provided under this Agreement shall be performed in accordance with current industry standards; and (c) all goods meet or exceed the manufacturer's warranty. 11. TERMINATION The City may terminate this Agreement with or without cause upon fourteen (14) days' written notice delivered to the Vendor. In the event of termination, the City shall only be responsible to pay for the services satisfactorily performed by the Vendor to the effective date of termination. 12. INDEPENDENT VENDOR RELATIONSHIP It is expressly understood that the Vendor is an independent vendor and not an employee of the City. The Vendor shall have control over the manner in which the services are performed under this Agreement. The Vendor shall supply, at its own expense, all materials, supplies, equipment, and tools required to accomplish the services contemplated by this Agreement. The Vendor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick or vacation leaves, workers' compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. Nothing in this Agreement shall be deemed to constitute a partnership,joint venture, or agency relationship between the Parties. Page 2 of 8 Page 445 of 1000 13. ENTIRE AGREEMENT This Agreement (including the Exhibits attached hereto) contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior negotiations, correspondence, conversations, agreements, and understandings concerning the subject matter hereof. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation, agreement, or understanding, whether oral or written. Provided, however, that nothing in this Section 13 shall be construed as abrogating, replacing, or otherwise modifying any written agreement between the Parties which was executed prior to the Effective Date hereof. 14. ASSIGNMENT The Vendor may not assign this Agreement to any other person or entity unless and until written consent is obtained from the City. Such consent may be granted, withheld, delayed, or conditioned at the City's sole and exclusive discretion. 15. AMENDMENTS Any modification or amendment to this Agreement shall require a written agreement signed by the Parties. 16. NONDISCRIMINATION The Vendor shall not discriminate or permit discrimination in its operations or employment practices against any person or group of persons on the ground of race, creed, color, sex, national origin, familial status, religion, age, disability, marital status, sexual orientation, gender identity, or any other characteristic protected by federal, state, or local laws, rules, or ordinances. 17. GOVERNMENTAL DATA/PRIVACY The Vendor agrees to abide by all applicable federal, state, and local rules, regulations, or orders regarding data privacy or confidentiality. 18. SAVINGS CLAUSE If any court of competent jurisdiction finds any portion of this Agreement to be contrary to law, invalid, or unenforceable, the remainder of the Agreement will remain in full force and effect, and each remaining term shall be valid and enforceable to the fullest extent permitted by law. 19. COUNTERPARTS AND ELECTRONIC SIGNATURES This Agreement 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 Agreement may be executed by the parties and transmitted by electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. 20. DISPUTES A. Informal Resolution. The Parties shall make a good-faith effort to resolve any claim, dispute, or controversy arising out of or relating to this Agreement (each a "Dispute") through informal discussions between authorized representatives of the parties. Either party may provide written notice of a Dispute to the other party describing the nature of the issue in reasonable detail. Within no later than ten (10) business days after such notice, the parties shall confer in good faith in an attempt to resolve the Dispute. B. Voluntary Mediation. If the Dispute is not resolved through informal discussions, either party may request that the matter be submitted to non-binding mediation. Mediation shall occur only upon mutual agreement of the parties. Unless otherwise agreed, mediation shall be conducted by a mutually acceptable mediator in the State of lowa. The parties shall share the mediator's fees and administrative costs equally, and each party shall bear its own attorney fees and costs. Participation in mediation is voluntary and non-binding. Nothing in this Section 20 shall be construed to require either party to settle a Dispute or to impair either party's legal rights or remedies. Page 3 of 8 Page 446 of 1000 C. No Binding Arbitration. The parties expressly agree that no provision of this Agreement shall be interpreted to require binding arbitration.Any Dispute not resolved by informal discussions or mediation may be pursued in a court of competent jurisdiction as provided herein. D. Preservation of Governmental Immunities and Defenses. Nothing in this Agreement, including this Section 20, shall be construed as a waiver of any immunity, limitation of liability, notice requirement, damage limitation, or other protection afforded to the City under applicable law, including but not limited to lowa Code chapter 670 and other applicable provisions of lowa law. All such defenses and protections are expressly preserved. E. Statutory Notice Requirements. To the extent applicable, any claim against the City shall be subject to all statutory notice requirements and limitations periods provided by lowa law. Participation in informal discussions or mediation shall not toll any applicable statute of limitations unless expressly agreed in writing by the Parties. F. Continued Performance. During the pendency of any Dispute, the Vendor shall continue to perform its obligations under this Agreement unless and until this Agreement is terminated in accordance with its terms. 21. SAFETY AND HEALTH All materials and services provided under this Agreement shall conform to the requirements of the Federal Occupational Safety and Health Act and all regulations and standards issued by the Secretary of Labor thereunder. Upon the City's request, the Vendor shall provide appropriate certifications demonstrating compliance with such laws, orders, rules, and regulations. The Vendor shall handle, use, and dispose of all materials and substances, including those used or provided by the Vendor or its subvendors, in accordance with all applicable laws and regulations; this includes, but is not limited to, materials classified as hazardous by law or regulation. The Vendor shall indemnify, defend, and hold harmless the City from and against any and all claims, penalties,fines,judgments, or orders arising from Vendor's failure to properly handle, use, or dispose of any such material or substance. 22. MISCELLANEOUS A. Conflict of Terms. In the event of any conflict or inconsistency between this MSA and any terms or conditions provided by Vendor (including without limitation on SOWs, invoices, quotes, order confirmations, or online terms), this MSA shall control. Vendor's terms and conditions are expressly rejected and shall not apply unless specifically incorporated into this MSA by a written amendment executed by both Parties. B. Public Records. Vendor acknowledges that the City is subject to the requirements of the lowa Open Records Act and that records relating to this Agreement may be subject to public disclosure. Vendor further acknowledges that records in the possession or control of Vendor relating to the performance of services under this Agreement may be deemed public records. The Parties acknowledge and agree that all information, data, and records exchanged, generated, or maintained under this Agreement may be considered public records. Vendor agrees to maintain complete and accurate records relating to the services performed under this Agreement. Upon request by the City, Vendor shall promptly provide the City with copies of any records, documents, data, correspondence, or other information in Vendor's possession or control relating to this Agreement. Vendor shall provide such records in the format requested by the City if reasonably available. Vendor shall cooperate with the City in responding to requests for public records and shall provide requested records within the time period reasonably specified by the City so that the City may comply with its obligations under the lowa Open Records Act. If Vendor believes that any information provided to the City contains trade secrets or confidential information exempt from disclosure under applicable law, Vendor shall clearly identify such information in writing at the time it is provided to the Citv and shall state the legal basis for the claimed exemption. Vendor acknowledges and agrees that the City has an obligation to independently determine whether any record is exempt from disclosure and, unless ordered otherwise by a court of competent jurisdiction, the City's determination shall control. Page 4 of 8 Page 447 of 1000 To the extent permitted by law, Vendor shall indemnify and hold the City harmless from any claims, damages, penalties, costs, or attorney fees arising from the City's reliance upon Vendor's designation of information as confidential, proprietary, or otherwise exempt from disclosure. THE PARTIES AGREE THIS MSA SHALL APPLY TO ALL SERVICES PERFORMED BY OR ON BEHALF OF VENDOR FROM ON AND AFTER THE EFFECTIVE DATE THROUGH THE END OF THE TERM HEREOF, except those services performed pursuant to a separate written agreement which either (a) was executed by the Parties and effective prior to the Effective Date hereof, or(b) is executed by the Parties and contains language expressly exempting the agreement from the terms of this MSA. Notwithstanding the foregoing, the Parties may, upon written consent of both Parties, make a prior agreement subject to this MSA. CITY OF DUBUQUE, IOWA VENDOR: By: � 05/20/2026 Gansen Excavating,Inc. Mi hael C. Van Millig n Date Company Name City Manager Rich Gansen °'9"a"YS'9"e°bYR'°"�a"se" By. Date'.2026.05.15 08'.34:19-05'00' Signature Date Printed Name Title Page 5 of 8 Page 448 of 1000 EXHIBIT A:ADDITIONAL TERMS AND CONDITIONS The following terms and conditions shall apply this Agreement: 1. The City of Dubuque is exempt from federal excise tax and lowa sales tax. No such tax shall be charged to the City. 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 shall submit the original invoice to the requesting Department's address as shown in the SOW or similar document. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized in writing. 5. It is understood by the Vendor that the cash discount period applicable to the City of Dubuque, if any,will commence from the receipt of the invoice or from the date of the receipt of the goods, whichever date 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 an authorized representative of the City of Dubuque. 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, delivered, and/or 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,service, 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, state, or local statute, regulation,or ordinance has been or will be violated in the manufacturing, sale, delivery, or performance 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 Agreement govern in the event of conflict with any term of the Vendor's proposal and are not subject to change by reason of any written or verbal statement by the Vendor, nor by any terms stated in the Vendor's acknowledgement, unless the 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 applicable regulations. Page 6 of 8 Page 449 of 1000 EXHIBIT B INSURANCE SCHEDULE (insert applicable insurance schedule here) Page 7 of 8 Page 450 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors 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&Glazing Masonry Stump Grinding Drywall Systems Painting&Wall Covering Tank Coating FertilizerApplication Pest Control Tree Removal Geotech Boring Scaffolding Tree Trimming Insulation Sidewalks Tuckpointing Finish Carpentry Plastering Vehicular Snow Removal Waterproofing Well Drilling CLASS C: Carpet Cleaning General Cleaning Power Washing Carpet&Resilient Grass Cutting Tile&Terrazzo Flooring Flooring Janitorial Window Washing Caulking&Sealants Non-Vehicular Snow&Ice Removal Acoustical Ceiling Office Furnishings Filter Cleaning Page 451 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors 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 bythe lowa Department of Insurance or an equivalent approved bythe Chief Financial Officer or Designee. The certificate must clearly indicate the project number, project name, and project description for which it is being provided; e.g., Project# Project Name: MSA Contract or Project Location at All City Locations 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: Finance Department, City of Dubuque, 50 West 13th St. Dubuque, IA 52001 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 a failure for the failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage. The City of Dubuque may request a copy of such certificates from the Contractor 6. All required endorsements to various policies shall be attached to certificate of insurance. 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 the agenYs 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 risk or other special circumstances during the term of the contract, subject to written mutual agreement attached hereto. Page 452 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors CITY OF DUBQUE INSURANCE SCHEDULE F (continued) EXHIBIT I A. COMMERCIAL GENERAL LIABILITY GeneralAggregate 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 from BP 00 02. All deviations from the standard ISO commercial general liabilityform CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG25 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 and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2010(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 13t"St, Dubuque, IA 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 as amended. Coverage A Statutory—State of lowa Coverage B Employers Liability Each Accident $100,000 Each Employee- Disease $100,000 Policy Limit—Disease $500,000 Page 453 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors CITY OF DUBUQUE INSURANCE SCHEDULE F (continued) 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 lessee, licensee, or permittee is not required to purchase Workers' Compensation Insurance,the lessee, licensee, or permittee shall have a copy of the State's Nonelection of Workers'Compensation or Employers' Liability Coverage form on file with the 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 anyvehicles, coverage is required on non-owned and hired vehicles. 1) Policy shall include Waiver of Right to Recovery from Others Endorsement. D. UMBRELLA/EXCESS LIABILITY Umbrella liability coverage must be at least following form with the underlying policies included herein. 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 Class 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. Page 454 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors CITY OF DUBUQUE INSURANCE SCHEDULE F (continued) 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 $4,000,0000 1. Policy to include job site and transportation coverage. 2. 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 2026. 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 9948. Pollution Liability—Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the owner's property. CITY OF DUBUQUE INSURANCE SCHEDULE F Page 455 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors (continued) lowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the Dubuque Regional Airport 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,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission as an additional insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, lowa,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission under Code of lowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense 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 bythe terms and conditions of this insurance policy. 3. Assertion of Government Immunitv. City of Dubuque, lowa,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timelywritten request of the insurer. 4. Non-Denial of Covera�e.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,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission 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,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission. 5. No Other Change in Polic�The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 456 of 1000 EXHIBIT C FEE STRUCTURE (when applicable) (PRICING FROM VENDOR WILL BE ADDED HERE IF RECEIVED) Page 8 of 8 Page 457 of 1000 THE CITY OF DUB E Masterpiece on the Mississippi CITY OF DUBUQUE, IOWA MASTER SERVICES AGREEMENT CITY CONTRACT# Vendor: 1676 All City Departments Name: Germaine Electric Attn: City of Dubuque Finance Department Address: 10821 Wood Gate Dr. 50 West 13t'' Street Address: Dubuque, IA 52003 Dubuque, lowa 52001 Contract Commencement: o5iosizs Contract Termination/Renewal Date: osio5iz�-a�to�e�ew Shippin Terms: FOB Destination Pa ment Terms: 60 Da s 1. SERVICES Except as otherwise provided herein, this Master Services Agreement(MSA or this"AgreemenY')shall apply to any work performed by Vendor, on or after the date on which Vendor executes this Agreement(the "Effective Date"), on any Project (defined below)for the City of Dubuque (the "City"), regardless of which City department oversees the Project.Vendor shall perform services as required and described in one or more Statements of Work(SOW) issued under this MSA. This Agreement is not intended to provide Vendor with any guarantee regarding any particular amount of work or engagement with the City, but it is intended to govern all such work or engagement which may be performed for or on behalf of the City by Vendor. For purposes of this Agreement,"Parties"shall mean the Vendor and the City, and the "Project" shall mean the work described in the applicable SOW(s). In the event of any conflict between the terms of this Agreement and those of the SOW, the terms of this Agreement shall govern unless the SOW expressly provides otherwise and is signed by an authorized representative of the City. Each SOW shall include, at a minimum: • Description of specific services/deliverables; • Schedule and/or milestones; • Fees; and • Specifically reference the MSA when applicable. 2. TERM The term of this Agreement shall be one (1) year, commencing upon Effective Date. Upon expiration of the initial term, this Agreement shall automatically renew for successive one (1) year periods unless either party provides written notice of termination at least thirty(30)days prior to the expiration of the then-current term. Notwithstanding the foregoing, all obligations of the City are subject to annual appropriation of funds. If any automatic renewal of this Agreement would violate applicable law, then the Agreement shall instead terminate at the end of the then- current term, without penalty to either party. 3. COMPENSATION AND INVOICING The City shall compensate the Vendor in accordance with the pricing specified in each applicable SOW. The Vendor's general fee schedule, if applicable, shall be attached hereto as Exhibit C. All invoices shall be due and payable within sixty (60)days of receipt by the City. 4. COMPLIANCE WITH LAWS The work shall be completed in full compliance with this Agreement, as well as with all applicable federal, state, and local laws, including the laws of the State of lowa and ordinances of the City.The Vendor is responsible for obtaining all required licenses and permits necessary to perform the work. The Vendor shall ensure ongoing compliance with all relevant legal and regulatory requirements throughout the performance of this Agreement. Page 1 of 8 Page 458 of 1000 5. DEFECTIVE MATERIALS The Vendor must promptly remove any materials deemed defective or improper by the City, as well as any work found to be unsuitable or unacceptable. All such defective or improper materials and all such unsuitable or unacceptable work shall be promptly removed and replaced or corrected to the City's satisfaction, all at the Vendor's sole expense.All materials provided by the Vendor shall meet the quality standards specified in this Agreement and the applicable SOWs, and all materials shall be installed and all work completed in full compliance with those documents. The Vendor shall be liable to the City for any damage to City property arising out of or related to the Vendor's negligent performance of the Project. 6. UNDERSTANDING The Vendor has read and understands this Agreement, including all applicable SOWs and all other documents attached hereto or incorporated herein by reference. Vendor has reviewed and understands the project description set forth in the applicable SOWs and all attached special conditions, if any. The Vendor agrees not to claim misunderstanding or misrepresentation due to estimates of quantity, nature, location,or other circumstances related to the performance of this Agreement. 7. INDEMNIFICATION; LIABILITY FOR CITY DAMAGE To the fullest extent permitted by law, the Vendor 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 Agreement, provided that such claim, damages, loss, or expense is attributable to bodily injury, sickness, disease, 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 Vendor, the Vendor's subvendor, or anyone directly or indirectly employed by the Vendor or the Vendor's subvendor, or anyone for whose acts the Vendor or the Vendor's subvendor may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 8. INSURANCE Prior to the commencement of any work on the Project, and at all times during the performance of this Agreement, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule, as indicated and attached hereto as Exhibit B. 9. AUTHORIZATION The Vendor agrees that no work on the Project shall commence until the City has authorized said work in writing. Any work started by the Vendor prior to the City's authorization shall be considered unauthorized and done at the sole risk and expense of the Vendor. 10. WARRANTY The Vendor warrants that (a) all goods and services provided under this Agreement shall be free from defects in materials and workmanship; (b) all services provided under this Agreement shall be performed in accordance with current industry standards; and (c) all goods meet or exceed the manufacturer's warranty. 11. TERMINATION The City may terminate this Agreement with or without cause upon fourteen (14) days' written notice delivered to the Vendor. In the event of termination, the City shall only be responsible to pay for the services satisfactorily performed by the Vendor to the effective date of termination. 12. INDEPENDENT VENDOR RELATIONSHIP It is expressly understood that the Vendor is an independent vendor and not an employee of the City. The Vendor shall have control over the manner in which the services are performed under this Agreement. The Vendor shall supply, at its own expense, all materials, supplies, equipment, and tools required to accomplish the services contemplated by this Agreement. The Vendor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick or vacation leaves, workers' compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. Nothing in this Agreement shall be deemed to constitute a partnership,joint venture, or agency relationship between the Parties. Page 2 of 8 Page 459 of 1000 13. ENTIRE AGREEMENT This Agreement (including the Exhibits attached hereto) contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior negotiations, correspondence, conversations, agreements, and understandings concerning the subject matter hereof. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation, agreement, or understanding, whether oral or written. Provided, however, that nothing in this Section 13 shall be construed as abrogating, replacing, or otherwise modifying any written agreement between the Parties which was executed prior to the Effective Date hereof. 14. ASSIGNMENT The Vendor may not assign this Agreement to any other person or entity unless and until written consent is obtained from the City. Such consent may be granted, withheld, delayed, or conditioned at the City's sole and exclusive discretion. 15. AMENDMENTS Any modification or amendment to this Agreement shall require a written agreement signed by the Parties. 16. NONDISCRIMINATION The Vendor shall not discriminate or permit discrimination in its operations or employment practices against any person or group of persons on the ground of race, creed, color, sex, national origin, familial status, religion, age, disability, marital status, sexual orientation, gender identity, or any other characteristic protected by federal, state, or local laws, rules, or ordinances. 17. GOVERNMENTAL DATA/PRIVACY The Vendor agrees to abide by all applicable federal, state, and local rules, regulations, or orders regarding data privacy or confidentiality. 18. SAVINGS CLAUSE If any court of competent jurisdiction finds any portion of this Agreement to be contrary to law, invalid, or unenforceable, the remainder of the Agreement will remain in full force and effect, and each remaining term shall be valid and enforceable to the fullest extent permitted by law. 19. COUNTERPARTS AND ELECTRONIC SIGNATURES This Agreement 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 Agreement may be executed by the parties and transmitted by electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. 20. DISPUTES A. Informal Resolution. The Parties shall make a good-faith effort to resolve any claim, dispute, or controversy arising out of or relating to this Agreement (each a "Dispute") through informal discussions between authorized representatives of the parties. Either party may provide written notice of a Dispute to the other party describing the nature of the issue in reasonable detail. Within no later than ten (10) business days after such notice, the parties shall confer in good faith in an attempt to resolve the Dispute. B. Voluntary Mediation. If the Dispute is not resolved through informal discussions, either party may request that the matter be submitted to non-binding mediation. Mediation shall occur only upon mutual agreement of the parties. Unless otherwise agreed, mediation shall be conducted by a mutually acceptable mediator in the State of lowa. The parties shall share the mediator's fees and administrative costs equally, and each party shall bear its own attorney fees and costs. Participation in mediation is voluntary and non-binding. Nothing in this Section 20 shall be construed to require either party to settle a Dispute or to impair either party's legal rights or remedies. Page 3 of 8 Page 460 of 1000 C. No Binding Arbitration. The parties expressly agree that no provision of this Agreement shall be interpreted to require binding arbitration.Any Dispute not resolved by informal discussions or mediation may be pursued in a court of competent jurisdiction as provided herein. D. Preservation of Governmental Immunities and Defenses. Nothing in this Agreement, including this Section 20, shall be construed as a waiver of any immunity, limitation of liability, notice requirement, damage limitation, or other protection afforded to the City under applicable law, including but not limited to lowa Code chapter 670 and other applicable provisions of lowa law. All such defenses and protections are expressly preserved. E. Statutory Notice Requirements. To the extent applicable, any claim against the City shall be subject to all statutory notice requirements and limitations periods provided by lowa law. Participation in informal discussions or mediation shall not toll any applicable statute of limitations unless expressly agreed in writing by the Parties. F. Continued Performance. During the pendency of any Dispute, the Vendor shall continue to perform its obligations under this Agreement unless and until this Agreement is terminated in accordance with its terms. 21. SAFETY AND HEALTH All materials and services provided under this Agreement shall conform to the requirements of the Federal Occupational Safety and Health Act and all regulations and standards issued by the Secretary of Labor thereunder. Upon the City's request, the Vendor shall provide appropriate certifications demonstrating compliance with such laws, orders, rules, and regulations. The Vendor shall handle, use, and dispose of all materials and substances, including those used or provided by the Vendor or its subvendors, in accordance with all applicable laws and regulations; this includes, but is not limited to, materials classified as hazardous by law or regulation. The Vendor shall indemnify, defend, and hold harmless the City from and against any and all claims, penalties,fines,judgments, or orders arising from Vendor's failure to properly handle, use, or dispose of any such material or substance. 22. MISCELLANEOUS A. Conflict of Terms. In the event of any conflict or inconsistency between this MSA and any terms or conditions provided by Vendor (including without limitation on SOWs, invoices, quotes, order confirmations, or online terms), this MSA shall control. Vendor's terms and conditions are expressly rejected and shall not apply unless specifically incorporated into this MSA by a written amendment executed by both Parties. B. Public Records. Vendor acknowledges that the City is subject to the requirements of the lowa Open Records Act and that records relating to this Agreement may be subject to public disclosure. Vendor further acknowledges that records in the possession or control of Vendor relating to the performance of services under this Agreement may be deemed public records. The Parties acknowledge and agree that all information, data, and records exchanged, generated, or maintained under this Agreement may be considered public records. Vendor agrees to maintain complete and accurate records relating to the services performed under this Agreement. Upon request by the City, Vendor shall promptly provide the City with copies of any records, documents, data, correspondence, or other information in Vendor's possession or control relating to this Agreement. Vendor shall provide such records in the format requested by the City if reasonably available. Vendor shall cooperate with the City in responding to requests for public records and shall provide requested records within the time period reasonably specified by the City so that the City may comply with its obligations under the lowa Open Records Act. If Vendor believes that any information provided to the City contains trade secrets or confidential information exempt from disclosure under applicable law, Vendor shall clearly identify such information in writing at the time it is provided to the Citv and shall state the legal basis for the claimed exemption. Vendor acknowledges and agrees that the City has an obligation to independently determine whether any record is exempt from disclosure and, unless ordered otherwise by a court of competent jurisdiction, the City's determination shall control. Page 4 of 8 Page 461 of 1000 To the extent permitted by law, Vendor shall indemnify and hold the City harmless from any claims, damages, penalties, costs, or attorney fees arising from the City's reliance upon Vendor's designation of information as confidential, proprietary, or otherwise exempt from disclosure. THE PARTIES AGREE THIS MSA SHALL APPLY TO ALL SERVICES PERFORMED BY OR ON BEHALF OF VENDOR FROM ON AND AFTER THE EFFECTIVE DATE THROUGH THE END OF THE TERM HEREOF, except those services performed pursuant to a separate written agreement which either (a) was executed by the Parties and effective prior to the Effective Date hereof, or(b) is executed by the Parties and contains language expressly exempting the agreement from the terms of this MSA. Notwithstanding the foregoing, the Parties may, upon written consent of both Parties, make a prior agreement subject to this MSA. CITY OF DUBUQUE, IOWA VENDOR: By: � 05/20/2026 Germaine Electric M'chael C. Van Millig n Date Company Name City Manager 923ca479-213e-4302- B�/: aaro-��asoa2as�oa e 5/6/26 Signature Date Lanie Brooks Printed Name Office Manager Title Page 5 of 8 Page 462 of 1000 EXHIBIT A:ADDITIONAL TERMS AND CONDITIONS The following terms and conditions shall apply this Agreement: 1. The City of Dubuque is exempt from federal excise tax and lowa sales tax. No such tax shall be charged to the City. 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 shall submit the original invoice to the requesting Department's address as shown in the SOW or similar document. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized in writing. 5. It is understood by the Vendor that the cash discount period applicable to the City of Dubuque, if any,will commence from the receipt of the invoice or from the date of the receipt of the goods, whichever date 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 an authorized representative of the City of Dubuque. 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, delivered, and/or 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,service, 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, state, or local statute, regulation,or ordinance has been or will be violated in the manufacturing, sale, delivery, or performance 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 Agreement govern in the event of conflict with any term of the Vendor's proposal and are not subject to change by reason of any written or verbal statement by the Vendor, nor by any terms stated in the Vendor's acknowledgement, unless the 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 applicable regulations. Page 6 of 8 Page 463 of 1000 EXHIBIT B INSURANCE SCHEDULE (insert applicable insurance schedule here) Page 7 of 8 Page 464 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors 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&Glazing Masonry Stump Grinding Drywall Systems Painting&Wall Covering Tank Coating FertilizerApplication Pest Control Tree Removal Geotech Boring Scaffolding Tree Trimming Insulation Sidewalks Tuckpointing Finish Carpentry Plastering Vehicular Snow Removal Waterproofing Well Drilling CLASS C: Carpet Cleaning General Cleaning Power Washing Carpet&Resilient Grass Cutting Tile&Terrazzo Flooring Flooring Janitorial Window Washing Caulking&Sealants Non-Vehicular Snow&Ice Removal Acoustical Ceiling Office Furnishings Filter Cleaning Page 465 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors 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 bythe lowa Department of Insurance or an equivalent approved bythe Chief Financial Officer or Designee. The certificate must clearly indicate the project number, project name, and project description for which it is being provided; e.g., Project# Project Name: MSA Contract or Project Location at All City Locations 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: Finance Department, City of Dubuque, 50 W. 13th St. Dubuque, IA 52001 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 a failure for the failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage. The City of Dubuque may request a copy of such certificates from the Contractor 6. All required endorsements to various policies shall be attached to certificate of insurance. 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 the agenYs 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 risk or other special circumstances during the term of the contract, subject to written mutual agreement attached hereto. Page 466 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors CITY OF DUBQUE INSURANCE SCHEDULE F (continued) EXHIBIT I A. COMMERCIAL GENERAL LIABILITY GeneralAggregate 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 from BP 00 02. All deviations from the standard ISO commercial general liabilityform CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG25 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 and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2010(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 13t"St, Dubuque, IA 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 as amended. Coverage A Statutory—State of lowa Coverage B Employers Liability Each Accident $100,000 Each Employee- Disease $100,000 Policy Limit—Disease $500,000 Page 467 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors CITY OF DUBUQUE INSURANCE SCHEDULE F (continued) 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 lessee, licensee, or permittee is not required to purchase Workers' Compensation Insurance,the lessee, licensee, or permittee shall have a copy of the State's Nonelection of Workers'Compensation or Employers' Liability Coverage form on file with the 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 anyvehicles, coverage is required on non-owned and hired vehicles. 1) Policy shall include Waiver of Right to Recovery from Others Endorsement. D. UMBRELLA/EXCESS LIABILITY Umbrella liability coverage must be at least following form with the underlying policies included herein. 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 Class 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. Page 468 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors CITY OF DUBUQUE INSURANCE SCHEDULE F (continued) 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 $4,000,0000 1. Policy to include job site and transportation coverage. 2. 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 2026. 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 9948. Pollution Liability—Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the owner's property. CITY OF DUBUQUE INSURANCE SCHEDULE F Page 469 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors (continued) lowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the Dubuque Regional Airport 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,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission as an additional insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, lowa,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission under Code of lowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense 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 bythe terms and conditions of this insurance policy. 3. Assertion of Government Immunitv. City of Dubuque, lowa,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timelywritten request of the insurer. 4. Non-Denial of Covera�e.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,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission 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,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission. 5. No Other Change in Polic�The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 470 of 1000 EXHIBIT C FEE STRUCTURE (when applicable) (PRICING FROM VENDOR WILL BE ADDED HERE IF RECEIVED) Page 8 of 8 Page 471 of 1000 THE C1TY OP DuB E Masterpiece on the Mississippi CITY OF DUBUQUE, IOWA MASTER SERVICES AGREEMENT CITY CONTRACT# Vendor: 309 All City Departments Name: Giese Sheet Metal Co. Attn: City of Dubuque Finance Department Address: 2125 Kerper Bivd. 50 West 13'h Street Address: Dubu ue, IA 52001 Dubu ue, lowa 52001 Contract Commencement: os-o�-2s Contract Termination/Renewal Date:os-o�-2�-auto renew Shi in Terms: FOB Destination Pa ment Terms: 60 Da s 1. SERVICES Except as otherwise provided herein, this Master Services Agreement(MSA or this"AgreemenY')shall apply to any work performed by Vendor, on or after the date on which Vendor executes this Agreement(the"Effective Date"), on any Project(defined below) for the City of Dubuque (the"City"), regardless of which City department oversees the Project.Vendor shall perform services as required and described in one or more Statements of Work(SOV� issued under this MSA. This Agreement is not intended to provide Vendor with any guarantee regarding any particular amount of work or engagement with the City, but it is intended to govern all such work or engagement which may be performed for or on behalf of the City by Vendor. For purposes of this Agreement,"Parties"shall mean the Vendor and the City, and the"ProjecY'shall mean the work described in the applicable SOW(s). In the event of any conflict between the terms of this Agreement and those of the SOW, the terms of this Agreement shall govern unless the SOW expressly provides otherwise and is signed by an authorized representative of the City. Each SOW shall include, at a minimum: • Description of specific services/deliverables; • Schedule and/or milestones; • Fees; and • Specifically reference the MSA when applicable. 2. TERM The term of this Agreement shall be one (1) year, commencing upon Effective Date. Upon expiration of the initial term, this Agreement shall automatically renew for successive one (1) year periods unless either party provides written notice of termination at least thirty(30)days prior to the expiration of the then-current term. Notwithstanding the foregoing, all obligations of the City are subject to annual appropriation of funds. If any automatic renewal of this Agreement would violate applicable law, then the Agreement shall instead terminate at the end of the then- current term, without penalty to either party. 3. COMPENSATION AND INVOICING The City shall compensate the Vendor in accordance with the pricing specified in each applicable SOW. The Vendor's general fee schedule, if applicable, shall be attached hereto as Exhibit C. All invoices shall be due and payable within sixty (60) days of receipt by the City. 4. COMPLIANCE WITH LAWS The work shall be completed in full compliance with this Agreement, as well as with all applicable federal, state, and local laws, including the laws of the State of lowa and ordinances of the City.The Vendor is responsible for obtaining all required licenses and permits necessary to perform the work. The Vendor shall ensure ongoing compliance with all relevant legal and regulatory requirements throughout the performance of this Agreement. Page 1 of 8 Page 472 of 1000 5. DEFECTIVE MATERIALS The Vendor must promptly remove any materials deemed defective or improper by the City, as well as any work found to be unsuitable or unacceptable. All such defective or improper materials and all such unsuitable or unacceptable work shall be promptly removed and replaced or corrected to the City's satisfaction,all at the Vendor's sole expense.All materials provided by the Vendor shall meet the quality standards specified in this Agreement and the applicable SOWs, and all materials shail be installed and all work completed in full compliance with those documents. The Vendor shall be liable to the City for any damage to City property arising out of or related to the Vendor's negligent performance of the Project. 6. UNDERSTANDING The Vendor has read and understands this Agreement, including all applicable SOWs and all other documents attached hereto or incorporated herein by reference. Vendor has reviewed and understands the project description set forth in the applicable SOWs and all attached special conditions, if any. The Vendor agrees not to claim misunderstanding or misrepresentation due to estimates of quantity, nature, location,or other circumstances related to the performance of this Agreement. 7. INDEMNIFICATION; �IABILITY FOR CITY DAMAGE To the fullest extent permitted by law, the Vendor shall indemnify and hold harmless the City from and against all claims, damages, losses, and expenses, inctuding but not limited to attorneys'fees, arising out of or resulting from performance of the Agreement, provided that such claim, damages, loss, or expense is attributable to bodily injury, sickness, disease, death, or injury to, or destruction of property (other than the Project itselfl inctuding loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Vendor, the Vendor's subvendor, or anyone directly or indirectly employed by the Vendor or the Vendor's subvendor, or anyone for whose acts the Vendor or the Vendor's subvendor may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 8. INSURANCE Prior to the commencement of any work on the Project, and at ali times during the performance of this Agreement, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule, as indicated and attached hereto as Exhibit B. 9. AUTHORIZATION The Vendor agrees that no work on the Project shall commence until the City has authorized said work in writing. Any work started by the Vendor prior to the City's authorization shall be considered unauthorized and done at the sole risk and expense of the Vendor. 10. WARRANTY The Vendor warrants that (a) all goods and services provided under this Agreement shall be free from defects in materials and workmanship; (b) all services provided under this Agreement shali be performed in accordance with current industry standards; and (c) all goods meet or exceed the manufacturer's warranty. 11. TERMINATION The City may terminate this Agreement with or without cause upon fourteen (14) days'written notice delivered to the Vendor. In the event of termination, the City shall only be responsible to pay for the services satisfactorily performed by the Vendor to the effective date of termination. 12. INDEPENDENT VENDOR RELATIONSHIP It is expressly understood that the Vendor is an independent vendor and not an employee of the City. The Vendor shall have controi over the manner in which the services are performed under this Agreement. The Vendor shall supply, at its own expense, all materials, supplies, equipment, and tools required to accompiish the services contempiated by this Agreement. The Vendor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick or vacation leaves, workers' compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. Nothing in this Agreement shall be deemed to constitute a partnership,joint venture, or agency relationship between the Parties. Page 2 of 8 Page 473 of 1000 13. ENTIRE AGREEMENT This Agreement (including the Exhibits attached hereto) contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior negotiations, correspondence, conversations, agreements, and understandings concerning the subject matter hereof. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation, agreement, or understanding, whether oral or written. Provided, however, that nothing in this Section 13 shall be construed as abrogating, replacing, or otherwise modifying any written agreement between the Parties which was executed prior to the Effective Date hereof. 14. ASSIGNMENT The Vendor may not assign this Agreement to any other person or entity unless and until written consent is obtained from the City. Such consent may be granted, withheld, delayed, or conditioned at the City's sole and exclusive discretion. 15. AMENDMENTS Any modification or amendment to this Agreement shall require a written agreement signed by the Parties. 16. NONDISCRIMINATION The Vendor shall not discriminate or permit discrimination in its operations or employment practices against any person or group of persons on the ground of race, creed, color, sex, national origin, familial status, religion, age, disability, marital status, sexual orientation, gender identity, or any other characteristic protected by federal, state, or local laws, rules, or ordinances. 17. GOVERNMENTA�DATA/PRIVACY The Vendor agrees to abide by all applicable federal, state, and local rules, regulations, or orders regarding data privacy or confidentiality. 18. SAVINGS CLAUSE If any court of competent jurisdiction finds any portion of this Agreement to be contrary to law, invalid, or unenforceable, the remainder of the Agreement will remain in full force and effect, and each remaining term shall be valid and enforceable to the fullest extent permitted by law. 19. COUNTERPARTS AND ELECTRONIC SIGNATURES This Agreement 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 Agreement may be executed by the parties and transmitted by electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. 20. DISPUTES A. Informal Resolution. The Parties shall make a good-faith effort to resolve any claim, dispute, or controversy arising out of or relating to this Agreement (each a "Dispute") through informal discussions between authorized representatives of the parties. Either party may provide written notice of a Dispute to the other party describing the nature of the issue in reasonable detail. Within no later than ten (10) business days after such notice, the parties shall confer in good faith in an attempt to resolve the Dispute. B.Voluntary Mediation. If the Dispute is not resolved through informal discussions, either party may request that the matter be submitted to non-binding mediation. Mediation shali occur only upon mutual agreement of the parties. Unless otherwise agreed, mediation shall be conducted by a mutually acceptable mediator in the State of lowa. The parties shaii share the mediator's fees and administrative costs equally, and each party shall bear its own attorney fees and costs. Participation in mediation is voluntary and non-binding. Nothing in this Section 20 shall be construed to require either party to settle a Dispute or to impair either party's legal rights or remedies. Page 3 of 8 Page 474 of 1000 C. No Binding Arbitration.The parties expressly agree that no provision of this Agreement shall be interpreted to require binding arbitration.Any Dispute not resolved by informal discussions or mediation may be pursued in a cou�t of competent jurisdiction as provided herein. D. Preservation of Governmental Immunities and Defenses. Nothing in this Agreement, including this Section 20, shall be construed as a waiver of any immunity, limitation of liability, notice requirement, damage limitation, or other protection afforded to the City under applicable law, including but not limited to lowa Code chapter 670 and other applicabie provisions of lowa law. All such defenses and protections are expressly preserved. E. Statutory Notice Requirements. To the extent applicabie, any claim against the City shali be subject to all statutory notice requirements and limitations periods provided by lowa law. Participation in informal discussions or � mediation shall not toll any applicable statute of limitations unless expressly agreed in writing by the Parties. F. Continued Performance. During the pendency of any Dispute, the Vendor shall continue to perForm its obligations under this Agreement unless and until this Agreement is terminated in accordance with its terms. � 21. SAFETY AND HEALTH � All materials and services provided under this Agreement shall conform to the requirements of the Federal ; Occupational Safety and Health Act and all regulations and standards issued by the Secretary of Labor thereunder. Upon the City's request, the Vendor shall provide appropriate certifications demonstrating compliance with such ; laws, orders, rules, and regulations. The Vendor shall handle, use, and dispose of all materials and substances, � including those used or provided by the Vendor or its subvendors, in accordance with all appiicable laws and � regulations; this includes, but is not limited to, materials classified as hazardous by law or regulation. The Vendor � shall indemnify, defend, and hold harmless the City from and against any and all claims, penalties,fines,judgments, ; or orders arising from Vendor's failure to properly handle, use, or dispose of any such material or substance, j I 22. MISCE�LANEOUS � , 1 A. Conflict of Terms. In the event of any conflict or inconsistency between this MSA and any terms or conditions ' provided by Vendor (including without limitation on SOWs, invoices, quotes, order confirmations, or online terms), this MSA shall control. Vendor's terms and conditions are expressly rejected and shall not apply unless specifically incorporated into this MSA by a written amendment executed by both Parties. B. Public Records. Vendor acknowledges that the City is subject to the requirements of the lowa Open Records Act and that records relating to this Agreement may be subject to public disclosure. Vendor further acknowledges that records in the possession or control of Vendor relating to the performance of services under this Agreement may be deemed public records. The Parties acknowledge and agree that all information, data, and records exchanged, generated, or maintained under this Agreement may be considered public records. � r Vendor agrees to maintain complete and accurate records relating to the services performed under this Agreement. � Upon request by the City, Vendor shall promptly provide the City with copies of any records, documents, data, � correspondence, or other information in Vendor's possession or control relating to this Agreement. Vendor shall F provide such records in the format requested by the City if reasonably available. � E Vendor shall cooperate with the City in responding to requests for public records and shall provide requested � records within the time period reasonably specified by the City so that the City may comply with its obligations under i the lowa Open Records Act. � � If Vendor believes that any information provided to the City contains trade secrets or confidential information exempt C from disclosure under applicable law, Vendor shall clearly identify such information in writing at the time it is � provided to the Citv and shall state the legal basis for the claimed exemption.Vendor acknowledges and agrees ; that the City has an obligation to independently determine whether any record is exempt from disclosure and,unless ; ordered otherwise by a court of competent jurisdiction, the City's determination shall control. � ( i E Page 4 of 8 Page 475 of 1000 To the extent permitted by law, Vendor shall indemnify and hold the City harmless from any claims, damages, penalties, costs, or attorney fees arising from the City's reliance upon Vendor's designation of information as confidential, proprietary, or otherwise exempt from disclosure. THE PARTIES AGREE THIS MSA SHALL APPLY TO ALL SERVICES PERFORMED BY OR ON BEHALF OF VENDOR FROM ON AND AFTER THE EFFECTIVE DATE THROUGH THE END OF THE TERM HEREOF, except those services performed pursuant to a separate written agreement which either (a) was executed by the Parties and effective prior to the Effective Date hereof, or(b) is executed by the Parties and contains language expressly exempting the agreement from the terms of this MSA. Notwithstanding the foregoing, the Parties may, upon written consent of both Parties, make a prior agreement subject to this MSA. CITY OF DUBUQUE, IOWA VENDOR: � r� , ay: 05/20/2026 �,,�/E,� J/�FET f1�ETA= L��,, �iilG. M chael C. Van Milligen Date Company N � City Manager � BY�� ' "/�-� • Signature Date `'7 ��TT `-rl iESt� Printed Name �i�f,.S�d Ln�i Title . 1 Page 5 of 8 Page 476 of 1000 € � � EXHIBIT A:ADDITIONAL TERMS AND CONDITIONS The following terms and conditions shall apply this Agreement: 1. The City of Dubuque is exempt from federal excise tax and lowa sales tax. No such tax shall be charged to the City. 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 shall submit the original invoice to the requesting DepartmenYs address as shown in the SOW or similar document. 4. No freight or packing charges wiil be allowed by the City of Dubuque unless specifically authorized in writing. 5. It is understood by the Vendor that the cash discount period applicable to the City of Dubuque, if any,will commence from the receipt of the invoice or from the date of the receipt of the goods, whichever date 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 an authorized representative of the City of Dubuque. 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 soid, 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 1 all loss, cost, or expenses on account of any and ail 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, delivered, and/or 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 ' i 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, service,or process and are contributed to by said defective condition. � 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. i i 11. The Vendor represents and warrants that no federal, state, or local statute, regulation, or ordinance has been or will � be violated in the manufacturing, sale, delivery, or performance 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. � E ; � 13. The terms and conditions of sale as stated in this Agreement govern in the event of conflict with any term of the � Vendor's proposal and are not subject to change by reason of any written or verbal statement by the Vendor, nor � by any terms stated in the Vendor's acknowledgement, unless the same be accepted in writing by the City of Dubuque. , I 14. Current Safety Data Sheets (SDS), when applicable to the order, must be provided by the Vendor in accordance � with all applicable regulations. � Page 6 of 8 i Page 477 of 1000 � i EXHIBIT B INSURANCE SCHEDULE (insert applicable insurance schedule here) Page 7 of 8 Page 478 of 1000 City of Dubuque Insurance Requirements for Generel,Artisan orTrade Contractors,Subcontractors or Sub-Subcontractors 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 Mechanicat Steel Decking Paving&Surfacing Storm Sewers Demotition Piles&Caissons Structural Steel Deconstruction Ptumbing Trails Earthwork Retaining Walls Tunneling Etectrical Reinforcement Water Main ' Elevators Roofing CLASS B: Chemical Spraying Landscaping Rough Carpentry Doors,Window&Gtazing Masonry Stump Grinding � Drywatt Systems Painting&Wall Covering Tank Coating Fertilizer Application Pest Control Tree Removal ' Geotech Boring Scaffolding Tree Trimming Insulation Sidewalks Tuckpointing ' Finish Carpentry Plastering Vehicutar Snow Removat Waterproofing Well Drilling CLASS C: Carpet Cleaning Generat Cleaning Power Washing i Carpet&Resitient Grass Cutting Tile&Terrazzo Flooring Flooring lanitorial Window Washing Cautking&Sealants Non-Vehicular Snow&Ice Removat ' Acoustical Ceiling Office Furnishings Filter Cteaning � 1 � � Page 479 of 1000 City of Dubuque Insurance Requirements for General,Artisan orTrade Contractors,Subcontractors or Sub-Subcontractors INSURANCE- SCHEDUL.E F (continued) 1. Contractor shatt 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 annuat certificates shall present a certificate at the end of each project with the final billing. Each certificate shalt be prepared on the most current ACORD form approved by the lowa Department of Insurance or an equivalent approved by the Chief Financial Officer or Designee. The certificate must clearly indicate the project number, project name, and project description for which it is being provided;e.g., Project# Project Name: MSA Contract or Project�ocation at All City�ocations or construction of 2. Att policies of insurance required hereunder shalt be with an insurer authorized to do business in lowa and all insurers shatl have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shatt be furnished to: Finance Department,City of Dubuque, 50 W. 13th St. Dubuque, IA 52001 4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of these requirements bythe City of Dubuque. Failure to obtain or maintain the required insurance shatl 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 shalt obtain certificates of insurance from all such subcontractors and sub-subcontractors. Contractor agrees that it shall be liable for a failure for the failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage. The City of Dubuque may request a copy of such certificates from the Contractor 6. All required endorsements to various policies shall be attached to certificate of insurance. 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 deductibtes and setf-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 the agent's name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of atl required insurance policies, including endorsements, required bythis Schedule at anytime. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in risk or other special circumstances during the term of the contract, subject to written mutuat agreement attached hereto. Page 480 of 1000 City of Dubuque Insurance Requirements for General,Artisan orTrade Contractors,Subcontractors or Sub-Subcontractors CITY OF DUBQUE INSURANCE SCHEDU�E F (continued) EXHIBIT 1 A. COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 ` Products-Completed Operations Aggregate Limit $2,000,000 Personat 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 shatl be written on an occurrence, not claims made,form. The general liabitity coverage � a shatl be written in accord with ISO form CG 00 01 or business owners from BP 00 02. Alt deviations from the standard ISO commercial general liability form CG 00 01,or business owners form BP 00 02, shalt be clearly identified. 2) Include ISO endorsement form CG25 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 atl its elected and appointed officials, all its employees and volunteers,alt its boards,commissions and/or authorities and their board members,employees and volunteers. Use ISO form CG 2010(Ongoing Operations). 6) The additionat insured endorsement shall inctude 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 shalt include cancellation and material change endorsement providing thirty(30)days advance written notice of cancellation, non-renewat, reduction in insurance coverage and/or limits � and ten(10)days written notice of non-payment of premium shalt be sent to: City of Dubuque, � Finance Department, 50 West 13"'St, Dubuque, IA 52001. � i B. WORKERS'COMPENSATION&EMPLOYERS LIABILITY ' E � Statutory benefits covering all employees injured on the job by accident or disease as prescribed by lowa Code Chapter 85 as amended. Coverage A Statutory—State of lowa ; Coverage B Employers Liability � Each Accident $100,000 � Each Employee-Disease $100,000 � 3 � PolicyLimit—Disease $500,000 I � Page 481 of 1000 � � � City of Dubuque Insurance Requirements for General,Artisan orTrade Contractors,Subcontractors or Sub-Subcontractors CITY OF DUBUQUE INSURANCE SCHEDULE F (continued) Policy shall include Waiver of Right to Recover from Others Endorsement. Coverage B limits shatl be greater if required by the umbrelta/excess insurer. OR If, by lowa Code Section 85.1A,the lessee, licensee, or permittee is not required to purchase Workers' Compensation Insurance,the lessee, licensee,or permittee shatl 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 shalt include all owned, non-owned,and hired vehicles. If the Contractor's business does not own anyvehicles,coverage is required on non-owned and hired vehicles. 1) Policy shall include Waiver of Right to Recovery from Others Endorsement. D. UMBRELLA/EXCESS LIABILITY Umbrella liabitity coverage must be at least following form with the undertying policies inctuded herein. All Class A contractors with contract values in excess of$10,000,000 must have umbrella/excess tiability coverage of$10,000,000. All Class A and Class B contractors with contract vatues between$500,000 and$10,000,000 must have umbrella/excess liabitity coverage of$3,000,000. All Class A and Class B contractors with contract vatues tess than$500,000 must have umbrella/excess liability coverage of$1,000,000. Alt Class C contractors are not required to have umbrella/excess liability coverage. Atl contractors performing earth work must have a minimum of$3,000,000 umbrelta regardless of the contract value. Page 482 of 1000 City of Dubuque Insurance Requirements for General,Artisan orTrade Contractors,Subcontractors or Sub-Subcontractors � € CITY OF DUBUQUE INSURANCE SCHEDULE F (continued) E. POLLUTION LIABILITY Coverage Required Yes X No Pollution �iabitity coverage shall be required if project involves any potlution exposure for hazardous or contaminated materials including, but not limited to,the removal of lead, asbestos, or PCB's. Pottution product and complete operations coverage shall also be covered. i Each Occurrence $2,000,000 Policy Aggregate $4,000,0000 � I $ i 1. Policy to include job site and transportation coverage. � 2. 2. Inctude additional insured for: � The City of Dubuque, including all its elected and appointed officiats, all its employees and ; votunteers, all its boards,commissions and/or authorities and their board members, � employees and volunteers. Use ISO form CG 2026. 3. Inctude Preservation of Governmentat Immunities Endorsement. 4. Provide evidence of coverage for 5 years after comptetion of project. 5. include endorsement indicating that coverage is primary and non-contributory. 6. Policy shalt include Waiver of Right to Recovery from Others Endorsement. � 7. Pollution tiability shatt include ISP endorsement CA 9948. Pollution Liabitity—Broadened Coverage for Covered Autos,or equivatent endorsement if the contractor has vehicles that transport fuel onto the owner's property. � i I ; CITY OF DUBUQUE INSURANCE SCHEDULE F 9 s Page 483 of 1000 City of Dubuque Insurance Requirements for General,Artisan orTrade Contractors,Subcontractors or Sub-Subcontractors (continued) lowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the Dubuque Regional Airport 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. L�LQnwaiver of Governmental Immunit�The insurer expressly agrees and states that the purchase of this policy and the inctuding of the City of Dubuque, lowa,the Dubuque Regional Airport,and the Dubuque Regionat Airport Commission as an additional insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, lowa,the Dubuque Regional Airport, and the , Dubuque Regionat Airport Commission under Code of lowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense 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 ctaims 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 Immunit�C,.City of Dubuque, lowa,the Dubuque Regional Airport,and the Dubuque Regional Airport Commission shatt be responsible for asserting any defense of governmental immunity, and may do so at any time and shalt do so upon the timety written request of the insurer. 4. Non-Denial of Coverage.The insurer shall not deny coverage under this policy and the insurer shalt not deny any of the rights and benefits accruing to the City of Dubuque, lowa,the Dubuque Regional Airport,and the Dubuque Regional Airport Commission 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,the Dubuque Regionat Airport,and the Dubuque Regional Airport Commission. 5. No Other Change in Potic�[,The above preservation of governmentat immunities shatt not otherwise change or atter the coverage available under the poticy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 484 of 1000 EXHIBIT C 4 FEE STRUCTURE (when applicable) ' (PRICING FROM VENDOR WILL BE ADDED HERE IF RECEIVED) ; i i i I I � � � � � � � � � � � � 1 � � , ; � � 1 Page 8 of 8 � Page 485 of 1000 THE CTTY OF DUB E Masterpiece on the Mississippi CITY OF DUBUQUE, IOWA MASTER SERVICES AGREEMENT CITY CONTRACT# Vendor: 450 All City Departments Name: Jaeger Plumbing and Pump INC Attn: City of Dubuque Finance Department Address: 17500 S. John Deere Road 50 West 13th Street Address: Dubuque, IA 52001 Dubu ue, lowa 52001 Contract Commencement: o4i22i2s Contract Termination/Renewal Date:oai22i2�-auto renew Shi pin Terms: FOB Destination Pa ment Terms: 60 Da s 1. SERVICES Except as otherwise provided herein, this Master Services Agreement(MSA or this"Agreement")shall apply to any work performed by Vendor, on or after the date on which Vendor executes this Agreement(the "Effective Date"), on any Project (defined below)for the City of Dubuque (the "City"), regardless of which City department oversees the Project. Vendor shall perform services as required and described in one or more Statements of Work(SOW) issued under this MSA. This Agreement is not intended to provide Vendor with any guarantee regarding any particular amount of work or engagement with the City, but it is intended to govern all such work or engagement which may be performed for or on behalf of the City by Vendor. For purposes of this Agreement,"Parties"shall mean the Vendor and the City, and the"ProjecY'shall mean the work described in the applicable SOW(s). In the event of any conflict between the terms of this Agreement and those of the SOW, the terms of this Agreement shall govern unless the SOW expressly provides otherwise and is signed by an authorized representative of the City. Each SOW shall include, at a minimum: • Description of specific services/deliverables; • Schedule and/or milestones; • Fees; and • Specifically reference the MSA when applicable. 2. TERM The term of this Agreement shall be one (1) year, commencing upon Effective Date. Upon expiration of the initial term, this Agreement shall automatically renew for successive one (1) year periods unless either party provides written notice of termination at least thirty(30)days prior to the expiration of the then-current term. Notwithstanding the foregoing, all obligations of the City are subject to annual appropriation of funds. If any automatic renewal of this Agreement would violate applicable law, then the Agreement shall instead terminate at the end of the then- current term, without penalty to either party. 3. COMPENSATION AND INVOICING The City shall compensate the Vendor in accordance with the pricing specified in each applicable SOW. The Vendor's general fee schedule, if applicable, shall be attached hereto as Exhibit C. All invoices shall be due and payable within sixty(60)days of receipt by the City. 4. COMPLIANCE WITH LAWS The work shall be completed in full compliance with this Agreement, as well as with all applicable federal, state, and local laws, including the laws of the State of lowa and ordinances of the City.The Vendor is responsible for obtaining all required licenses and permits necessary to perform the work. The Vendor shall ensure ongoing compliance with all relevant legal and regulatory requirements throughout the performance of this Agreement. Page 1 of 8 Page 486 of 1000 5. DEFECTIVE MATERIALS The Vendor must promptly remove any materials deemed defective or improper by the City, as well as any work found to be unsuitable or unacceptable. All such defective or improper materials and all such unsuitable or unacceptable work shall be promptly removed and replaced or corrected to the City's satisfaction, all at the Vendor's sole expense.All materials provided by the Vendor shall meet the quality standards specified in this Agreement and the applicable SOWs, and all materials shall be installed and all work completed in full compliance with those documents. The Vendor shall be liable to the City for any damage to City property arising out of or related to the Vendor's negligent performance of the Project. 6. UNDERSTANDING The Vendor has read and understands this Agreement, including all applicable SOWs and all other documents attached hereto or incorporated herein by reference. Vendor has reviewed and understands the project description set forth in the applicable SOWs and all attached special conditions, if any. The Vendor agrees not to claim misunderstanding or misrepresentation due to estimates of quantity, nature, location,or other circumstances related to the performance of this Agreement. 7. INDEMNIFICATION; LIABILITY FOR CITY DAMAGE To the fullest extent permitted by law, the Vendor 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 Agreement, provided that such claim, damages, loss, or expense is attributable to bodily injury, sickness, disease, 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 Vendor, the Vendor's subvendor, or anyone directly or indirectly employed by the Vendor or the Vendor's subvendor, or anyone for whose acts the Vendor or the Vendor's subvendor may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 8. INSURANCE Prior to the commencement of any work on the Project, and at all times during the performance of this Agreement, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule, as indicated and attached hereto as Exhibit B. 9. AUTHORIZATION The Vendor agrees that no work on the Project shall commence until the City has authorized said work in writing. Any work started by the Vendor prior to the City's authorization shall be considered unauthorized and done at the sole risk and expense of the Vendor. 10. WARRANTY The Vendor warrants that (a) all goods and services provided under this Agreement shall be free from defects in materials and workmanship; (b) all services provided under this Agreement shall be performed in accordance with current industry standards; and (c)all goods meet or exceed the manufacturer's warranty. 11. TERMINATION The City may terminate this Agreement with or without cause upon fourteen (14) days' written notice delivered to the Vendor. In the event of termination, the City shall only be responsible to pay for the services satisfactorily performed by the Vendor to the effective date of termination. 12. INDEPENDENT VENDOR RELATIONSHIP It is expressly understood that the Vendor is an independent vendor and not an employee of the City. The Vendor shall have control over the manner in which the services are performed under this Agreement. The Vendor shall supply, at its own expense, all materials, supplies, equipment, and tools required to accomplish the services contemplated by this Agreement. The Vendor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick or vacation leaves, workers' compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. Nothing in this Agreement shall be deemed to constitute a partnership,joint venture, or agency relationship between the Parties. Page 2 of 8 Page 487 of 1000 13. ENTIRE AGREEMENT This Agreement (including the Exhibits attached hereto) contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior negotiations, correspondence, conversations, agreements, and understandings concerning the subject matter hereof. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation, agreement, or understanding, whether oral or written. Provided, however, that nothing in this Section 13 shall be construed as abrogating, replacing, or otherwise modifying any written agreement between the Parties which was executed prior to the Effective Date hereof. 14. ASSIGNMENT The Vendor may not assign this Agreement to any other person or entity unless and until written consent is obtained from the City. Such consent may be granted, withheld, delayed, or conditioned at the City's sole and exclusive discretion. 15. AMENDMENTS Any modification or amendment to this Agreement shall require a written agreement signed by the Parties. 16. NONDISCRIMINATION The Vendor shall not discriminate or permit discrimination in its operations or employment practices against any person or group of persons on the ground of race, creed, color, sex, national origin, familial status, religion, age, disability, marital status, sexual orientation, gender identity, or any other characteristic protected by federal, state, or local laws, rules, or ordinances. 17. GOVERNMENTAL DATA/PRIVACY The Vendor agrees to abide by all applicable federal, state, and local rules, regulations, or orders regarding data privacy or confidentiality. 18. SAVINGS CLAUSE If any court of competent jurisdiction finds any portion of this Agreement to be contrary to law, invalid, or unenforceable, the remainder of the Agreement will remain in full force and effect, and each remaining term shall be valid and enforceable to the fullest extent permitted by law. 19. COUNTERPARTS AND ELECTRONIC SIGNATURES This Agreement 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 Agreement may be executed by the parties and transmitted by electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. 20. DISPUTES A. Informal Resolution. The Parties shall make a good-faith effort to resolve any claim, dispute, or controversy arising out of or relating to this Agreement (each a "Dispute") through informal discussions between authorized representatives of the parties. Either party may provide written notice of a Dispute to the other party describing the nature of the issue in reasonable detail. Within no later than ten (10) business days after such notice, the parties shall confer in good faith in an attempt to resolve the Dispute. B. Voluntary Mediation. If the Dispute is not resolved through informal discussions, either party may request that the matter be submitted to non-binding mediation. Mediation shall occur only upon mutual agreement of the parties. Unless otherwise agreed, mediation shall be conducted by a mutually acceptable mediator in the State of lowa.The parties shall share the mediator's fees and administrative costs equally, and each party shall bear its own attorney fees and costs. Participation in mediation is voluntary and non-binding. Nothing in this Section 20 shall be construed to require either party to settle a Dispute or to impair either party's legal rights or remedies. Page 3 of 8 Page 488 of 1000 C. No Binding Arbitration. The parties expressly agree that no provision of this Agreement shall be interpreted to require binding arbitration.Any Dispute not resolved by informal discussions or mediation may be pursued in a court of competent jurisdiction as provided herein. D. Preservation of Governmental Immunities and Defenses. Nothing in this Agreement, including this Section 20, shall be construed as a waiver of any immunity, limitation of liability, notice requirement, damage limitation, or other protection afforded to the City under applicable law, including but not limited to lowa Code chapter 670 and other applicable provisions of lowa law. All such defenses and protections are expressly preserved. E. Statutory Notice Requirements. To the extent applicable, any claim against the City shall be subject to all statutory notice requirements and limitations periods provided by lowa law. Participation in informal discussions or mediation shall not toll any applicable statute of limitations unless expressly agreed in writing by the Parties. F. Continued Performance. During the pendency of any Dispute, the Vendor shall continue to perform its obligations under this Agreement unless and until this Agreement is terminated in accordance with its terms. 21. SAFETY AND HEALTH All materials and services provided under this Agreement shall conform to the requirements of the Federal Occupational Safety and Health Act and all regulations and standards issued by the Secretary of Labor thereunder. Upon the City's request, the Vendor shall provide appropriate certifications demonstrating compliance with such laws, orders, rules, and regulations. The Vendor shall handle, use, and dispose of all materials and substances, including those used or provided by the Vendor or its subvendors, in accordance with all applicable laws and regulations; this includes, but is not limited to, materials classified as hazardous by law or regulation. The Vendor shall indemnify, defend, and hold harmless the City from and against any and all claims, penalties,fines,judgments, or orders arising from Vendor's failure to properly handle, use, or dispose of any such material or substance. 22. MISCELLANEOUS A. Conflict of Terms. In the event of any conflict or inconsistency between this MSA and any terms or conditions provided by Vendor (including without limitation on SOWs, invoices, quotes, order confirmations, or online terms), this MSA shall control. Vendor's terms and conditions are expressly rejected and shall not apply unless specifically incorporated into this MSA by a written amendment executed by both Parties. B. Public Records. Vendor acknowledges that the City is subject to the requirements of the lowa Open Records Act and that records relating to this Agreement may be subject to public disclosure. Vendor further acknowledges that records in the possession or control of Vendor relating to the performance of services under this Agreement may be deemed public records. The Parties acknowledge and agree that all information, data, and records exchanged, generated, or maintained under this Agreement may be considered public records. Vendor agrees to maintain complete and accurate records relating to the services perFormed under this Agreement. Upon request by the City, Vendor shall promptly provide the City with copies of any records, documents, data, correspondence, or other information in Vendor's possession or control relating to this Agreement. Vendor shall provide such records in the format requested by the City if reasonably available. Vendor shall cooperate with the City in responding to requests for public records and shall provide requested records within the time period reasonably specified by the City so that the City may comply with its obligations under the lowa Open Records Act. If Vendor believes that any information provided to the City contains trade secrets or confidential information exempt from disclosure under applicable law, Vendor shall clearly identify such information in writing at the time it is provided to the City and shall state the legal basis for the claimed exemption. Vendor acknowledges and agrees that the City has an obligation to independently determine whether any record is exempt from disclosure and, unless ordered otherwise by a court of competent jurisdiction, the City's determination shall control. Page 4 of 8 Page 489 of 1000 To the extent permitted by law, Vendor shall indemnify and hold the City harmless from any claims, damages, penalties, costs, or attorney fees arising from the City's reliance upon Vendor's designation of information as confidential, proprietary, or otherwise exempt from disclosure. THE PARTIES AGREE THIS MSA SHALL APPLY TO ALL SERVICES PERFORMED BY OR ON BEHALF OF VENDOR FROM ON AND AFTER THE EFFECTIVE DATE THROUGH THE END OF THE TERM HEREOF, except those services performed pursuant to a separate written agreement which either (a) was executed by the Parties and effective prior to the Effective Date hereof, or(b) is executed by the Parties and contains language expressly exempting the agreement from the terms of this MSA. Notwithstanding the foregoing, the Parties may, upon written consent of both Parties, make a prior agreement subject to this MSA. CITY OF DUBUQUE, IOWA VENDOR: gy: � 05/20/2026 Jaeger Plumbing & Pump, Inc M chael C. Van Milligen Date Company Name City Manager �i By: �l 04/28/2026 Signatu Date Kim Jaeger Printed Name Manager Title Page 5 of 8 Page 490 of 1000 EXHIBIT A: ADDITIONAL TERMS AND CONDITIONS The following terms and conditions shall apply this Agreement: 1. The City of Dubuque is exempt from federal excise tax and lowa sales tax. No such tax shall be charged to the City. 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 shall submit the original invoice to the requesting DepartmenYs address as shown in the SOW or similar document. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized in writing. 5. It is understood by the Vendor that the cash discount period applicable to the City of Dubuque, if any,will commence from the receipt of the invoice or from the date of the receipt of the goods, whichever date 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 an authorized representative of the City of Dubuque. 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, delivered, and/or 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, service,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, state, or local statute, regulation, or ordinance has been or will be violated in the manufacturing, sale, delivery, or performance 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 Agreement govern in the event of conflict with any term of the Vendor's proposal and are not subject to change by reason of any written or verbal statement by the Vendor, nor by any terms stated in the Vendor's acknowledgement, unless the 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 applicable regulations. Page 6 of 8 Page 491 of 1000 EXHIBIT B INSURANCE SCHEDULE (insert applicable insurance schedule here) Page 7 of 8 Page 492 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors 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&Glazing Masonry Stump Grinding Drywall Systems Painting&Wall Covering Tank Coating FertilizerApplication PestControl TreeRemoval Geotech Boring Scaffolding Tree Trimming Insulation Sidewalks Tuckpointing Finish Carpentry Plastering Vehicular Snow Removal Waterproofing Well Drilling CLASS C: Carpet Cleaning General Cleaning Power Washing Carpet&Resilient Grass Cutting Tile&Terrazzo Flooring Flooring Janitorial Window Washing Caulking&Sealants Non-Vehicular Snow&Ice Removal Acoustical Ceiling Office Furnishings Filter Cleaning Page 493 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors 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 Chief Financial Officer or Designee. The certificate must clearly indicate the project number, project name, and project description for which it is being provided; e.g., Project# Project Name: MSA Contract or Project Location at All City Locations 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: Finance Department, City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 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 a failure for the failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage. The City of Dubuque may request a copy of such certificates from the Contractor 6. All required endorsements to various policies shall be attached to certificate of insurance. 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 the agent's 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 bythis Schedule at anytime. 12. The City of Dubuque reserves the right to modifythese requirements, including limits, based on changes in risk or other special circumstances during the term of the contract, subject to written mutual agreement attached hereto. Page 494 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors CITY OF DUBQUE INSURANCE SCHEDULE F (continued) EXHIBIT I A. COMMERCIAL GENERAL LIABILITY GeneralAggregate 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 from BP 00 02. All deviations from the standard ISO commercial general liabilityform CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG25 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 and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2010(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 13t"St, Dubuque, IA 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 as amended. Coverage A Statutory—State of lowa Coverage B Employers Liability Each Accident $100,000 Each Employee- Disease $100,000 PolicyLimit—Disease $500,000 Page 495 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors CITY OF DUBUQUE INSURANCE SCHEDULE F (continued) Policy shall include Waiver of Right to Recover from Others Endorsement. Coverage B limits shall be greater if required bythe umbrella/excess insurer. OR If, by lowa Code Section 85.1A,the lessee, licensee, or permittee is not required to purchase Workers' Compensation Insurance,the lessee, licensee, or permittee shall have a copy of the State's Nonelection of Workers'Compensation or Employers'Liability Coverage form on file with the 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 anyvehicles, coverage is required on non-owned and hired vehicles. 1) Policy shall include Waiver of Right to Recovery from Others Endorsement. D. UMBRELLA/EXCESS LIABILITY Umbrella liability coverage must be at least following form with the underlying policies included herein. 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 Class 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. Page 496 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors CITY OF DUBUQUE INSURANCE SCHEDULE F (continued) 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 $4,000,0000 1. Policyto includejob site and transportation coverage. 2. 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 2026. 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 9948. Pollution Liability—Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the owner's property. CITY OF DUBUQUE INSURANCE SCHEDULE F Page 497 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors (continued) lowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the Dubuque Regional Airport 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 thatthe purchase of this policy and the including of the City of Dubuque, lowa,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission as an additional insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, lowa,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission under Code of lowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense 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 bythe terms and conditions of this insurance policy. 3. Assertion of Government Immunitv. City of Dubuque, lowa,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission 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 Covera�e.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,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission 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,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission. 5. No Other Change in Polic�The above preservation of governmental immunities shall not otherwise change or alterthe coverage available underthe policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 498 of 1000 EXHIBIT C FEE STRUCTURE (when applicable) (PRICING FROM VENDOR WILL BE ADDED HERE IF RECEIVED) Page 8 of 8 Page 499 of 1000 THE CITY OF DUB E Masterpiece on the Mississippi CITY OF DUBUQUE, IOWA MASTER SERVICES AGREEMENT CITY CONTRACT# Vendor: 663 All City Departments Name: Paulson Electric Company Attn: City of Dubuque Finance Department Address: 685 Century Drive, PO Box 1625 50 West 13t'' Street Address: Dubuque, IA 52004 Dubuque, lowa 52001 Contract Commencement: o5io�izs Contract Termination/Renewal Date: osio�i2�-aUto renew Shippin Terms: FOB Destination Pa ment Terms: 60 Da s 1. SERVICES Except as otherwise provided herein, this Master Services Agreement(MSA or this"AgreemenY')shall apply to any work performed by Vendor, on or after the date on which Vendor executes this Agreement(the "Effective Date"), on any Project (defined below)for the City of Dubuque (the "City"), regardless of which City department oversees the Project.Vendor shall perform services as required and described in one or more Statements of Work(SOW) issued under this MSA. This Agreement is not intended to provide Vendor with any guarantee regarding any particular amount of work or engagement with the City, but it is intended to govern all such work or engagement which may be performed for or on behalf of the City by Vendor. For purposes of this Agreement,"Parties"shall mean the Vendor and the City, and the "Project" shall mean the work described in the applicable SOW(s). In the event of any conflict between the terms of this Agreement and those of the SOW, the terms of this Agreement shall govern unless the SOW expressly provides otherwise and is signed by an authorized representative of the City. Each SOW shall include, at a minimum: • Description of specific services/deliverables; • Schedule and/or milestones; • Fees; and • Specifically reference the MSA when applicable. 2. TERM The term of this Agreement shall be one (1) year, commencing upon Effective Date. Upon expiration of the initial term, this Agreement shall automatically renew for successive one (1) year periods unless either party provides written notice of termination at least thirty(30)days prior to the expiration of the then-current term. Notwithstanding the foregoing, all obligations of the City are subject to annual appropriation of funds. If any automatic renewal of this Agreement would violate applicable law, then the Agreement shall instead terminate at the end of the then- current term, without penalty to either party. 3. COMPENSATION AND INVOICING The City shall compensate the Vendor in accordance with the pricing specified in each applicable SOW. The Vendor's general fee schedule, if applicable, shall be attached hereto as Exhibit C. All invoices shall be due and payable within sixty (60)days of receipt by the City. 4. COMPLIANCE WITH LAWS The work shall be completed in full compliance with this Agreement, as well as with all applicable federal, state, and local laws, including the laws of the State of lowa and ordinances of the City.The Vendor is responsible for obtaining all required licenses and permits necessary to perform the work. The Vendor shall ensure ongoing compliance with all relevant legal and regulatory requirements throughout the performance of this Agreement. Page 1 of 8 Page 500 of 1000 5. DEFECTIVE MATERIALS The Vendor must promptly remove any materials deemed defective or improper by the City, as well as any work found to be unsuitable or unacceptable. All such defective or improper materials and all such unsuitable or unacceptable work shall be promptly removed and replaced or corrected to the City's satisfaction, all at the Vendor's sole expense.All materials provided by the Vendor shall meet the quality standards specified in this Agreement and the applicable SOWs, and all materials shall be installed and all work completed in full compliance with those documents. The Vendor shall be liable to the City for any damage to City property arising out of or related to the Vendor's negligent performance of the Project. 6. UNDERSTANDING The Vendor has read and understands this Agreement, including all applicable SOWs and all other documents attached hereto or incorporated herein by reference. Vendor has reviewed and understands the project description set forth in the applicable SOWs and all attached special conditions, if any. The Vendor agrees not to claim misunderstanding or misrepresentation due to estimates of quantity, nature, location,or other circumstances related to the performance of this Agreement. 7. INDEMNIFICATION; LIABILITY FOR CITY DAMAGE To the fullest extent permitted by law, the Vendor 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 Agreement, provided that such claim, damages, loss, or expense is attributable to bodily injury, sickness, disease, 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 Vendor, the Vendor's subvendor, or anyone directly or indirectly employed by the Vendor or the Vendor's subvendor, or anyone for whose acts the Vendor or the Vendor's subvendor may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 8. INSURANCE Prior to the commencement of any work on the Project, and at all times during the performance of this Agreement, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule, as indicated and attached hereto as Exhibit B. 9. AUTHORIZATION The Vendor agrees that no work on the Project shall commence until the City has authorized said work in writing. Any work started by the Vendor prior to the City's authorization shall be considered unauthorized and done at the sole risk and expense of the Vendor. 10. WARRANTY The Vendor warrants that (a) all goods and services provided under this Agreement shall be free from defects in materials and workmanship; (b) all services provided under this Agreement shall be performed in accordance with current industry standards; and (c) all goods meet or exceed the manufacturer's warranty. 11. TERMINATION The City may terminate this Agreement with or without cause upon fourteen (14) days' written notice delivered to the Vendor. In the event of termination, the City shall only be responsible to pay for the services satisfactorily performed by the Vendor to the effective date of termination. 12. INDEPENDENT VENDOR RELATIONSHIP It is expressly understood that the Vendor is an independent vendor and not an employee of the City. The Vendor shall have control over the manner in which the services are performed under this Agreement. The Vendor shall supply, at its own expense, all materials, supplies, equipment, and tools required to accomplish the services contemplated by this Agreement. The Vendor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick or vacation leaves, workers' compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. Nothing in this Agreement shall be deemed to constitute a partnership,joint venture, or agency relationship between the Parties. Page 2 of 8 Page 501 of 1000 13. ENTIRE AGREEMENT This Agreement (including the Exhibits attached hereto) contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior negotiations, correspondence, conversations, agreements, and understandings concerning the subject matter hereof. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation, agreement, or understanding, whether oral or written. Provided, however, that nothing in this Section 13 shall be construed as abrogating, replacing, or otherwise modifying any written agreement between the Parties which was executed prior to the Effective Date hereof. 14. ASSIGNMENT The Vendor may not assign this Agreement to any other person or entity unless and until written consent is obtained from the City. Such consent may be granted, withheld, delayed, or conditioned at the City's sole and exclusive discretion. 15. AMENDMENTS Any modification or amendment to this Agreement shall require a written agreement signed by the Parties. 16. NONDISCRIMINATION The Vendor shall not discriminate or permit discrimination in its operations or employment practices against any person or group of persons on the ground of race, creed, color, sex, national origin, familial status, religion, age, disability, marital status, sexual orientation, gender identity, or any other characteristic protected by federal, state, or local laws, rules, or ordinances. 17. GOVERNMENTAL DATA/PRIVACY The Vendor agrees to abide by all applicable federal, state, and local rules, regulations, or orders regarding data privacy or confidentiality. 18. SAVINGS CLAUSE If any court of competent jurisdiction finds any portion of this Agreement to be contrary to law, invalid, or unenforceable, the remainder of the Agreement will remain in full force and effect, and each remaining term shall be valid and enforceable to the fullest extent permitted by law. 19. COUNTERPARTS AND ELECTRONIC SIGNATURES This Agreement 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 Agreement may be executed by the parties and transmitted by electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Agreement. 20. DISPUTES A. Informal Resolution. The Parties shall make a good-faith effort to resolve any claim, dispute, or controversy arising out of or relating to this Agreement (each a "Dispute") through informal discussions between authorized representatives of the parties. Either party may provide written notice of a Dispute to the other party describing the nature of the issue in reasonable detail. Within no later than ten (10) business days after such notice, the parties shall confer in good faith in an attempt to resolve the Dispute. B. Voluntary Mediation. If the Dispute is not resolved through informal discussions, either party may request that the matter be submitted to non-binding mediation. Mediation shall occur only upon mutual agreement of the parties. Unless otherwise agreed, mediation shall be conducted by a mutually acceptable mediator in the State of lowa. The parties shall share the mediator's fees and administrative costs equally, and each party shall bear its own attorney fees and costs. Participation in mediation is voluntary and non-binding. Nothing in this Section 20 shall be construed to require either party to settle a Dispute or to impair either party's legal rights or remedies. Page 3 of 8 Page 502 of 1000 C. No Binding Arbitration. The parties expressly agree that no provision of this Agreement shall be interpreted to require binding arbitration.Any Dispute not resolved by informal discussions or mediation may be pursued in a court of competent jurisdiction as provided herein. D. Preservation of Governmental Immunities and Defenses. Nothing in this Agreement, including this Section 20, shall be construed as a waiver of any immunity, limitation of liability, notice requirement, damage limitation, or other protection afforded to the City under applicable law, including but not limited to lowa Code chapter 670 and other applicable provisions of lowa law. All such defenses and protections are expressly preserved. E. Statutory Notice Requirements. To the extent applicable, any claim against the City shall be subject to all statutory notice requirements and limitations periods provided by lowa law. Participation in informal discussions or mediation shall not toll any applicable statute of limitations unless expressly agreed in writing by the Parties. F. Continued Performance. During the pendency of any Dispute, the Vendor shall continue to perform its obligations under this Agreement unless and until this Agreement is terminated in accordance with its terms. 21. SAFETY AND HEALTH All materials and services provided under this Agreement shall conform to the requirements of the Federal Occupational Safety and Health Act and all regulations and standards issued by the Secretary of Labor thereunder. Upon the City's request, the Vendor shall provide appropriate certifications demonstrating compliance with such laws, orders, rules, and regulations. The Vendor shall handle, use, and dispose of all materials and substances, including those used or provided by the Vendor or its subvendors, in accordance with all applicable laws and regulations; this includes, but is not limited to, materials classified as hazardous by law or regulation. The Vendor shall indemnify, defend, and hold harmless the City from and against any and all claims, penalties,fines,judgments, or orders arising from Vendor's failure to properly handle, use, or dispose of any such material or substance. 22. MISCELLANEOUS A. Conflict of Terms. In the event of any conflict or inconsistency between this MSA and any terms or conditions provided by Vendor (including without limitation on SOWs, invoices, quotes, order confirmations, or online terms), this MSA shall control. Vendor's terms and conditions are expressly rejected and shall not apply unless specifically incorporated into this MSA by a written amendment executed by both Parties. B. Public Records. Vendor acknowledges that the City is subject to the requirements of the lowa Open Records Act and that records relating to this Agreement may be subject to public disclosure. Vendor further acknowledges that records in the possession or control of Vendor relating to the performance of services under this Agreement may be deemed public records. The Parties acknowledge and agree that all information, data, and records exchanged, generated, or maintained under this Agreement may be considered public records. Vendor agrees to maintain complete and accurate records relating to the services performed under this Agreement. Upon request by the City, Vendor shall promptly provide the City with copies of any records, documents, data, correspondence, or other information in Vendor's possession or control relating to this Agreement. Vendor shall provide such records in the format requested by the City if reasonably available. Vendor shall cooperate with the City in responding to requests for public records and shall provide requested records within the time period reasonably specified by the City so that the City may comply with its obligations under the lowa Open Records Act. If Vendor believes that any information provided to the City contains trade secrets or confidential information exempt from disclosure under applicable law, Vendor shall clearly identify such information in writing at the time it is provided to the Citv and shall state the legal basis for the claimed exemption. Vendor acknowledges and agrees that the City has an obligation to independently determine whether any record is exempt from disclosure and, unless ordered otherwise by a court of competent jurisdiction, the City's determination shall control. Page 4 of 8 Page 503 of 1000 To the extent permitted by law, Vendor shall indemnify and hold the City harmless from any claims, damages, penalties, costs, or attorney fees arising from the City's reliance upon Vendor's designation of information as confidential, proprietary, or otherwise exempt from disclosure. THE PARTIES AGREE THIS MSA SHALL APPLY TO ALL SERVICES PERFORMED BY OR ON BEHALF OF VENDOR FROM ON AND AFTER THE EFFECTIVE DATE THROUGH THE END OF THE TERM HEREOF, except those services performed pursuant to a separate written agreement which either (a) was executed by the Parties and effective prior to the Effective Date hereof, or(b) is executed by the Parties and contains language expressly exempting the agreement from the terms of this MSA. Notwithstanding the foregoing, the Parties may, upon written consent of both Parties, make a prior agreement subject to this MSA. CITY OF DUBUQUE, IOWA VENDOR: By: � 05/20/2026 Paulson Electric Company M'chael C. Van Millig n Date Company Name City Manager B�/; AndrewGenthe - °"a°"°'°"�°"�"°"a°"°<u` snsizazs Signature Date Andrew Genthe Printed Name General Manager Title Page 5 of 8 Page 504 of 1000 EXHIBIT A:ADDITIONAL TERMS AND CONDITIONS The following terms and conditions shall apply this Agreement: 1. The City of Dubuque is exempt from federal excise tax and lowa sales tax. No such tax shall be charged to the City. 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 shall submit the original invoice to the requesting Department's address as shown in the SOW or similar document. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized in writing. 5. It is understood by the Vendor that the cash discount period applicable to the City of Dubuque, if any,will commence from the receipt of the invoice or from the date of the receipt of the goods, whichever date 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 an authorized representative of the City of Dubuque. 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, delivered, and/or 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,service, 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, state, or local statute, regulation,or ordinance has been or will be violated in the manufacturing, sale, delivery, or performance 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 Agreement govern in the event of conflict with any term of the Vendor's proposal and are not subject to change by reason of any written or verbal statement by the Vendor, nor by any terms stated in the Vendor's acknowledgement, unless the 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 applicable regulations. Page 6 of 8 Page 505 of 1000 EXHIBIT B INSURANCE SCHEDULE (insert applicable insurance schedule here) Page 7 of 8 Page 506 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors 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&Glazing Masonry Stump Grinding Drywall Systems Painting&Wall Covering Tank Coating FertilizerApplication Pest Control Tree Removal Geotech Boring Scaffolding Tree Trimming Insulation Sidewalks Tuckpointing Finish Carpentry Plastering Vehicular Snow Removal Waterproofing Well Drilling CLASS C: Carpet Cleaning General Cleaning Power Washing Carpet&Resilient Grass Cutting Tile&Terrazzo Flooring Flooring Janitorial Window Washing Caulking&Sealants Non-Vehicular Snow&Ice Removal Acoustical Ceiling Office Furnishings Filter Cleaning Page 507 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors 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 bythe lowa Department of Insurance or an equivalent approved bythe Chief Financial Officer or Designee. The certificate must clearly indicate the project number, project name, and project description for which it is being provided; e.g., Project# Project Name: MSA Contract or Project Location at All City Locations 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: Finance Department, City of Dubuque, 50 W. 13th Street Dubuque, IA 52001 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 a failure for the failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage. The City of Dubuque may request a copy of such certificates from the Contractor 6. All required endorsements to various policies shall be attached to certificate of insurance. 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 the agenYs 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 risk or other special circumstances during the term of the contract, subject to written mutual agreement attached hereto. Page 508 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors CITY OF DUBQUE INSURANCE SCHEDULE F (continued) EXHIBIT I A. COMMERCIAL GENERAL LIABILITY GeneralAggregate 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 from BP 00 02. All deviations from the standard ISO commercial general liabilityform CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG25 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 and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2010(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 13t"St, Dubuque, IA 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 as amended. Coverage A Statutory—State of lowa Coverage B Employers Liability Each Accident $100,000 Each Employee- Disease $100,000 Policy Limit—Disease $500,000 Page 509 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors CITY OF DUBUQUE INSURANCE SCHEDULE F (continued) 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 lessee, licensee, or permittee is not required to purchase Workers' Compensation Insurance,the lessee, licensee, or permittee shall have a copy of the State's Nonelection of Workers'Compensation or Employers' Liability Coverage form on file with the 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 anyvehicles, coverage is required on non-owned and hired vehicles. 1) Policy shall include Waiver of Right to Recovery from Others Endorsement. D. UMBRELLA/EXCESS LIABILITY Umbrella liability coverage must be at least following form with the underlying policies included herein. 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 Class 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. Page 510 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors CITY OF DUBUQUE INSURANCE SCHEDULE F (continued) 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 $4,000,0000 1. Policy to include job site and transportation coverage. 2. 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 2026. 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 9948. Pollution Liability—Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the owner's property. CITY OF DUBUQUE INSURANCE SCHEDULE F Page 511 of 1000 City of Dubuque Insurance Requirements for General,Artisan or Trade Contractors,Subcontractors or Sub-Subcontractors (continued) lowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the Dubuque Regional Airport 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,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission as an additional insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, lowa,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission under Code of lowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense 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 bythe terms and conditions of this insurance policy. 3. Assertion of Government Immunitv. City of Dubuque, lowa,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timelywritten request of the insurer. 4. Non-Denial of Covera�e.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,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission 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,the Dubuque Regional Airport, and the Dubuque Regional Airport Commission. 5. No Other Change in Polic�The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 512 of 1000 EXHIBIT C FEE STRUCTURE (when applicable) (PRICING FROM VENDOR WILL BE ADDED HERE IF RECEIVED) Page 8 of 8 Page 513 of 1000 i � �. THE C1TY DF � I.�L�r� :� � .Mast•erpiece on ilze Mississippi � CI7'Y OF DUBUQUE,lOWA MASTER SERVICES AGREEMENT CITY CONTRACT# Vendor: 83$ All City Departments Name; Top Grade Excavating Attn: City of Dubuque Finance Department Address: 9��9tn Ave Nw 50 West 13th Street Addr'ess: Farley,iA s2aas Dubu ue, lowa 52001 Cantract Commencement: 05-12-26 Contract Termination/Renewal Date: os•,z-z�-n��o�e�eW Shi in Terms: FOB Destination Pa ment Terms: 60 Da s 1. SERVICES Except as otherwEse provided herein, this Master Services Agreement(MSA or this"AgreemenY')shail apply to any work performed by Vendor, on or after the date on which Vendor executes this Agreement(the"Effective Date"),on any Project(defined below)for the City of Dubuque (the"City"), regardless of which City department oversees the Project.Vendor shall perForm services as required and described in one or more Statements of Work(SOW}issued under this MSA. This Agreement is not intended to provide Vendor with any guarantee regarding any particular amount of work or engagement with the City, but it is intended to govern all such work ar engagement which may be performed for or on behalf of the Cifiy by Vendor. For purposes of this Agreement,"Parties"shall mean the Vendor and#he City, and the"Project"shall mean the work described in the applicab[e SOW(s). In the event of any conflict between the terms of this Agreement and those of the SOW, the terms of#his Agreement shall govern unless the S�W expressly provides otherwise and is signed by an authorized representative of the City. Each SOW shall � include, at a minimum; j • Description of specific services/deliverables; i • Schedule and/or milestones; • Fees; and • Specifically reference the MSA when applicable. 2. TERM The term of this Agreement shall be one (1) year, commencing upon Effective Date. Upon expiration of the initial term, this Agreement shall automatically renew for successive one {1) year periods unless either party provides written notice of termination at least thirty(30)days prior to the expiration of the then-current term. Notwithstanding _. the_foregoing, all obligations of the.City-are-subject-to annual appropriation of funds. If any automatic renewal of , this Agreement would violate applicable law, then the Agreement shall instead terminate at the end of the then- current term,without penalty to ei#her party. ! 3. COMPENSATION ANb INVOICING ! The City shall compensate the Vendor in accordance with the pricing specified in each applicable SOW. The i Vendor's general fee schedule, if app}icable, shall be attached hereto as Exhibit C. All invoices shall be due and ; payable within sixty(60)days of receipt by the City. � 4. COMPLIANCE WITH LAWS The work shall be completed in fuil compliance with this Agreement,as well as with all applicable federal, state,and local laws, including the laws of the State of lowa and ordinances of the City.The Vendor is responsible for obtaining ; alf required licenses and permits necessary tfl perForm the work.The Vendor shall ensure ongoing compliance with all relevant legal and regulatory requirements throughout the performance of this Agreement. Page 1 of 8 � i Page 514 of 1000 j 'i � � � 5. DEFECTIVE MATERIaLS The Vendor must promptly remove any materials deemed defective or improper by the City, as well as any work found to be unsuitable or unacceptable. All such defective or improper materials and all such unsuitable or , unacceptable work shall be promptly removed and replaced or corrected to the City's satisfaction,all at the Vendor's sole expense.Ali materiais provided by the Vendor shall meet the quality standards specified in this Agreement and the applicable SOWs, and all materials shall be installed and all work compfeted in full compliance with those documents.The Vendor shall be liable to the City for any damage fio City property arising out of or related to the Vendor's negligent performance of the Project. 6. UNDERSTANDING , The Vendor has read and understands this Agreement, including a!! applicable SOWs and all other documents aftached hereto or incorporated herein by reference.Vendor has reviewed and understands the project description set forth in the applicable SOWs and all attached special conditions, if any. The Vendor agrees not to claim � misunderstanding or misrepresentation due to estimates of quantity,nature,location,or other circumstances related � to the perFarmance of this Agreement. � 7. INDEMNIFICATION; LIABILlTY FOR CITY DAMAGE ; To the fullest extent permitted by law, the Vendor shall indemnify and hofd harmless the City from and against all claims, damages, losses, and expenses, including but nofi limited fio attorneys'fees, arising out of or resulting from pertormance of the Agreement, provided that such claim, damages, loss, or expense is attributable to bodily injury, ; sickness, disease, death, or injury to, or destruction of property (other than the Project itsel� including loss of use � resulting therefrom, but only to fihe exten#caused in whole or in part by negligent acts or amissions of the Vendor, ' the Vendor's subvencfor, or anyone directly or indirectly employed by the Vendor or the Vendor's subvendvr, ar anyone for whose acts the Vendor or the Vendor's subvendor may be liable, regardless of whether or not such clairr�, damage, loss,or expense is caused in part by a party indemnified hereunder. 8. INSUR,4NCE Prior to the commencement of any work on the Project, and at aif iimes during the performance of this Agreement, ' the Vendor shall pravide evidence of insurance which rneets the requirements of the City's Insurance Schedule,as indicated and attached herefio as Exhibit B. 9. AUTHORIZA710N i The Vendor agrees that no work on the Project shall commence until the City has authorized said work in writing. ! Any work started by the Vendor prior to the City's authorization shall be considered unautharized anci done at the � sole risk and expense of the Vendor. I � '10. WARRANTY � Th�V_endor_warranfis_that_{.a)_all._goods_and_services_.provided under#his Agreemeat shall be free from defects in - ; materials and workmanship; (b)all services provided under this Agreement shall be perFormed in accordance with � ; current industry standards;and{c)all goods meet or exceed the manufacturer's warranty. ; � 11. TERMiNATION iThe City may terminate this Agreement with or without cause upon fourteen (14) days'written notice delivered to ; the Vendor. In the event of termination, the City shall only be responsible to pay for the services satisfactorily perfarmed by the Vendor to the effective date of termination. 12. INDEPENDENT VENDOR RELATlONSHIP It is expressly understood that the Vendor is an independent vendar and not an employee of the City.The Vendor ; shall have control over the manner in which the services are performed under this Agreement. 7he Vendor shall supply, at its own expense, all materials, supplies, equipment, and tools required to accomplish the services � contemplated by this Agreement.The Vendor shall nofi be entitled to any benefits from the City, including, without limitation, insurance benefi#s, sick or vacation Ieaves, workers' compensation benefits, unemployment � compensation, disability, severance pay, or retirement benefits. Nothing in this Agreement shaEl be deemed to ' constitute a partnership,joint venture, or agency relationship between the Parties. � Page 2 oF 8 I i '� Page 515 of 1000 i i i i ; � � ; 13. ENTIRE AGREEMENT i This Agreement (incfuding the Exhibits attached hereto) contains the entire agreernent between the parties with � respect to the subject matter hereof, and supersedes and replaces all prior negotiations, correspondence, � conversations, agresments, and understandings concerning the subject matter hereof. Accordingly, the parties ' agree that no deviation from the terms hereof shall be predicated upon any prior representation, agreement, or j understanding, whether oral or written. Provided, however, that nothing in this Section 13 shall be construed as i abrogating,replacing, or otherwise modifying any written agreement between the 1'arties which was executed prior ' to the Effective Date hereof, 14. ASSIGNMENT Tf�e Vendor may not assign this Agreement to any other person or entity unless and unti!written consent 9s obtained from the City. Such consent may be granted, withheld, delayed, or conditioned at the City's sole and exclusive ' discretion. � ; 15. AMENDMENTS ; Any modificatian or amendment to this Agreement shal!require a written agreement signed by the Parties. � � 16. NONDISCRIMINAI'ION The Vendor shall not discriminate or perrnit discrimination in ifis operations or employment practices against any person or group of persons on the ground of race, creed, color, sex, national origin, famiiial status, religion, age, ' disability, maritaE status, sexual orientation, gender identity, or any other characteristic pro#eGted by federal, state, or local faws, rules,or ordinances. � 17. G4VERNIVIENTAL DATA/PRNACY The Vendor agrees to abide by all applicable federal, state, and Eocal rules, regulations, or orders regarding data privacy or con#identiality. � 18. SAVENGS CLAUSE � Ef any court of competent jurisdiction finds any portion of this Agreement to be contrary to law, invalid, or � unenforceable, the remainder of the Agreement will remain in full force and effect, and each remaining term shall i ' be valid and enforceable to the fullest extent permitted by law. I � � 19. COUNTERPARTS AND ELEC7RANIC SIGNA�TURES � This Agreement may be �xecuted in counterparts, each of which shall constitute an original, and alI of which together shafl constitute one and the same document. This Agreement may be executed by the parties and transmitted by electronic transmission, and if so executed and transmitted, shall be effective as if the parties had � delivered an executed original of this Agre.ement. _ __ _.__ _._ ; i 20. DISPUTES � A. Informal Resolution. The Parties shall make a good-faith effort to resolve any claim, dispute, or controversy arising out of or relating to this Agreement (each a "Dispute") through informal discussions between authorized representatives of#he parties. Either party may provide written notice of a Dispute to the other party describing the nature of the issue in reasonable detail. Within no later than ten (10) business days after such notice, the parties � shall confer in good faith in an attempt to�asalve the Dispute. B.Voluntary Mediation. If the Rispute is not resolved through informal discussions, either party may request that the matter be submitted to non-binding mediation. Mediation shall occur only upon mutual agreement of the parties. Unless otherwise agreed, mediation shall be conducted by a mutually acceptable mediator in the State of lowa.The � parties shal!share the mediator's fees and administrative costs equally, and each party shall bear its own attorney fees and costs. Participation in mediation is voluntary and non-binding.Nothing in this Section 20 shall be construed to require either party to settls a Dispute or to impair either party's legal rights or remedies. i Page 3 of 8 Page 516 of 1000 - i C. No Binding Arbitration.The parties expressly agree that no provision of this Agreement shall be interpreted to j require binding arbltration.Any Dispute not resolved by informal discussions or mediation may be pursued in a court i of competent jurisdiction as provided herein. D. Preservation of Governmental Immunities and Defenses. Nothing in this Agreement, including this Section � 20, shall be construed as a waiver of any immunity, lim{tation of liability, notice requirement, damage limitation, or � other protection afforded to the City under applicabEe law, including but nat limited to lowa Code chapter 670 and i other appficable provisions of lowa law.All such defenses and protections are expressly preserved. ' � E. Statutory Notice Requirements. To the extent appficable, any claim against the City shail be subject to all statutory notice requirements and limitations periods provided by lowa faw. Participation in informal discussions or mediation shall nflt toll any applicable s#atute of limitations unless expressly agreed in writing by the Parties. � i ; ' F. Continued Performance. During the pendency of any Dispute, the Vendor shall continue to perform its � obligations under this Agreement uniess and until this Agreement is terminated in accordance with its terms. i � i 21. SAFETY AND HEAL7H All materials and services provided under this Agreement shall conform to the requirements of the Federal Occupational Safety and Health Act and all regulations and standards issued by the Secretary of Labor thereunder. Upon the City's request, the Vendor shall provide appropriate certifications demonstrating compliance with such laws, orders, rules, and reguiations. The Vendor shall handle, use, and dispose of aEl materials and substances, ; including those used or provided by the Vendor or its subvendors, in accordance with a!I applicable laws and regulations;this includes, bufi is not limited to, materials classified as hazardous by law or regufation.The Vendor ; shall indemnify, defend,and hold harmless the City from and against any and all claims,penalties,fines,judgments, i or orders arising tYom Vendor's failure to properly handle, use,or dispose of any such material or substance. � � - ; 22. MISCELLANEOU.$ � � A. Conflict of Terms. In the event of any conflict or inconsistency betu�ieen this MSA and any terms or conditions provided by Vendor(including without limitation on SOWs, invoices, quotes, order confirmations, or online terms}, this MSA shall control.Vendor's terms and conditions are expressly rejected and shall not apply unless specifically ' incorparated into this MSA by a written amendment execu#ed by both Parties. B. Public Records. Vendor acknowledges that the Ci#y is subject to the requirements of the lowa Open Records � Act and that records releting to fihis Agreement may be subject to public disclosure. Vendor further acknowledges ; ; that records in the possession or control of Vendor relating to the performance of services under this Agreement i i may be deemed public records. i iThe Parties acknowledge and agree that all information, data, and records exchanged, generated, ar maintained under this Agreement may be considered public records. II Vendor a rees to maintain com lete and accurate records relatin to the services erformed under this A reement. � 9 p 9 p J ; Upon request by the City, Vendor shall promptly provide the City with copies of any records, documents, data, ; correspondence, or other information in Vendor's possession or control relating to this Agreement. Vendor shall provide such records in the format requested by the City if reasonably availabls. ' !, � Vendor shall cooperate with the City in responding to requests for public records and shall provide reques#ed � ; records within#he time period reasonably specified by the City so that the City may comply with its obligations under ; � the lawa Open Records Act. � If Vendor believes that any information provided to the City contains trade secrets or confidential informafiion exempt � from disclosure under applicable law, Vendor shall clearly identify such information in writing at the time it is � provided to the Citv and shall state the legaf basis for the claimed exemption.Vendar acknowledges and agrees that the City has an obligation to independently determine whether any record is exempt from disclosure and,unless i ordered otherwise by a court of competent jurisdiction,the City's determination shall control. � I i i Page4of8 � � i Page 517 of 1000 i i I I i � I To the extent permi#ted by law, Vendor shall indemnify and hold the City harmless from any claims, damages, ' penalties, costs, or attorney fees arising from the City's reliance upon Vendor's designation of information as � confidential, proprietary, or otherwise exempt from disclosure. i � THE PARTIES AGREE TMIS MSA SWALL APPLY TO ALL SERVICES PERFORMED BY OR ON SEHAI,F OF VENDC}R FROM ON AND AFTER THE EFFEC7IVE DATE THROUGH THE EAID OF THE 7ERM HEREOF, except those services performed pursuant to a separate written agreement which either (a) was executed by the Parties and efFective prior to the Effective Date hereof,or(b) is executed by the Parties and contains language expressly exempting the agreement from the terms of this MSA. Notwithstanding the foregoing, the Parties may, upan written consent of ; both Parties,make a prior agreement subject to this fVISA. ; I I i � ' CITY OF DUBUQUE, IOWA VENDOR: ' BY� 05120(2026 � E a ` .�rLG.. � � , M chael C.Van Millig n Date Compa y Name , City Manager By' � I� �6 Signature pate � ' (�,o �. I Printed Name � ' �'�,�e 1��r' � Title �� i ; � ; � . , � I I i Page 5 of S Page 518 of 1000 - � THE CITY Or �� . � Musterpiece a�z tT�e tVtisGissz��ai CITY OF DUBUQUE, IOWA MASTER SERVICES AGREEMENT CITY CONTRACT# Vendor. 676 All City Departments Name: Portzen Construction INC Attn: City of Dubuque Finance Department Address: 205 Stone Vallev Dr. 50 West 13th Street Address: Dubu ue, IA 52003 Dubuque, lowa 52001 Contract Commencement: osi2si2s Contract Termination/Renewal Dafe:osi2siz�-auto Re�ew Ship in Terms: FOB Destination Pa ment Terms: 60 Da s 1. SERVICES Except as otherwise provided herein, this Master Services Agreement(MSA or this"Agreement") shall apply to any work performed by Vendor, on or after the date on which Vendor executes this Agreement(the"Effective Date"), on any Project(defined below) for the City of Dubuque (the"City"), regardless of which City department oversees the Project.Vendor shall perform services as required and described in one or more Statements of Work(SOW} issued under this MSA. This Agreement is not intended to provide Vendor with any guarantee regarding any particular amount of work or engagement with the City, but it is intended to govern all such work or engagement which may be perFormed for or on behaif of the City by Vendor. For purposes of this Agreement, "Parties"shall mean the Vendor and the City, and the"Project"shall mean the work described in the applicable SOW(s). In the event of any confiict between the terms of this Agreement and those of the SOW, the terms of this Agreement shall govern unless the SOW expressly provides otherwise and is signed by an authorized representative of the City. Each SOW shall include, at a minimum: • Description of specific services/deliverables; • Schedule and/or milestones; • Fees; and • Specifically reference the MSAwhen applicable. 2. TERM The term of thisAgreement shall be one (1) year, commencing upon Effective Date. Upon expiration of the initial term, this Agreement shall automatically renew for successive one (1) year periods unless either party provides written notice of termination at least thirty(30) days prior to the expiration of the then-current term. Notwithstanding the foregoing, all obligations of the City are subject to annual appropriation of funds. If any automatic renewal af this Agreement would violate applicable law, then the Agreement shall instead terminate at the end of the then- current term,without penalty to either party. 3. COMPENSATION AND INVOICING The City shall compensate the Vendor in accordance with the pricing specified in each applicable SOW. The Vendor's general fee schedule, if applicable, shall be attached hereto as Exhibit C. All invoices shall be due and payable within sixty (60) days of receipt by the City. 4. COMPLIANCE WITH LAWS The work shall be completed in full compliance with this Agreement, as well as with all applicable federal, state, and local laws, including the laws of the State of lowa and ordinances of the City.The Vendor is responsible for obtaining all required licenses and permits necessary to perform the work. The Vendor shall ensure ongoing compliance with all relevant legal and regulatory requirements throughout the performance of this Agreement. Page 1 of 8 Page 519 of 1000 � 5. DEFECTIVE MATERIALS The Vendor must promptly remove any materials deemed defective or improper by the City, as well as any work found to be unsuitable or unacceptable. Ali such defective or improper materials and all such unsuitable or unacceptable work shall be promptly removed and replaced or corrected to the City's satisfaction,all at the Vendor's sole expense.All materials provided by the Vendor shall meet the quality standards specified in this Agreement and the applicable SOWs, and all materials shall be installed and all work completed in full compliance with those documents. The Vendor shall be liable to the City for any damage to City property arising out of or related to the Vendor's negligent performance of the Project. 6. UNDERSTANDING The Vendor has read and understands this Agreement, including all applicable SOWs and all other documents attached hereto or incorporated herein by reference. Vendor has reviewed and understands the project description set forth in the applicable SOWs and all attached special conditions, if any. The Vendor agrees not to claim misunderstanding or misrepresentation due to estimates of quantity, nature, location,or other circumstances related to the performance of this Agreement. 7. INDEMNIFICATION; LIABILITY FOR CITY DAMAGE To the fullest extent permitted by law, the Vendor shail indemnify and hold harmless the City from and against all ciaims, damages, �osses, and expenses, including but not limited to attorneys'fees, arising out of or resulting from performance of the Agreement, provided that such claim, damages, loss, or expense is attributable to bodily injury, sickness, disease, death, or injury to, or destruction of property (other than the Project itseifl including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Vendor, the Vendor's subvendor, or anyone directly or indirectiy employed by the Vendor or the Vendor's subvendor, or anyone for whose acts the Vendor or the Vendor's subvendor may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 8. INSURANCE Prior to the commencement of any work on the Project, and at all times during the performance of this Agreement, the Vendor shali provide evidence of insurance which meets the requirements of the City's Insurance Schedule, as indicated and attached hereto as Exhibit B. 9. AUTHORIZATION The Vendor agrees that no work on the Project shall commence until the City has authorized said work in writing. Any work started by the Vendor prior to the City's authorization shall be considered unauthorized and done at the sole risk and expense of the Vendor. 10. WARRANTY The Vendor warrants that (a) all goods and services provided under this Agreement shall be free from defects in materials and workmanship; (b) all services provided under this Agreement shall be performed in accordance with current industry standards; and {c)all goods meet or exceed the manufacturer's warranty. 11. TERMINATION The City may terminate this Agreement with or without cause upon fourteen (14) days'written notice delivered to the Vendor. In the event of termination, the City shall only be responsible to pay for the services satisfactorily perfarmed by the Vendor to the effective date of termination. 12. INDEPENDENT VENDOR RELATIONSHIP it is expressly understood that the Vendor is an independent vendor and not an empioyee of the City. The Vendor shall have control over the manner in which the services are performed under this Agreement. The Vendor shall supply, at its own expense, all materials, supplies, equipment, and tools required to accomplish the services contemplated by this Agreement. The Vendor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick or vacation leaves, workers' compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. Nothing in this Agreement shall be deemed to constitute a partnership,joint venture, or agency relationship between the Parties. Page 2 of 8 Page 520 of 1000 13. ENTIRE AGREEMENT This Agreement (including the Exhibits attached hereto) contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior negotiations, correspondence, conversations, agreements, and understandings concerning the subject matter hereof. Accordingiy, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation, agreement, or understanding, whether oral or written. Provided, however, that nothing in this Section 13 shall be construed as abrogating, replacing, or otherwise modifying any written agreement between the Parties which was executed prior to the Effective Date hereof. 14. ASSIGNMENT The Vendor may not assign this Agreement to any other person or entity unless and until written consent is obtained from the City. Such consent may be granted, withheld, delayed, or conditioned at the City's sole and exclusive discretion. 15. AMENDMENTS Any modification or amendment to this Agreement shall require a written agreement signed by the Parties. 16. NONDISCRIMINATION The Vendor shall not discriminate or permit discrimination in its operations or employment practices against any person or group of persons on the ground of race, creed, color, sex, national origin, familial status, religion, age, disability, marital status, sexual orientation, gender identity, or any other characteristic protected by federal, state, or local laws, rules, or ordinances. 17. GOVERNMENTAL DATA/PRIVACY The Vendor agrees to abide by all applicable federal, state, and local rules, regulations, or orders regarding data privacy or confidentiality. 18. SAVINGS CLAUSE If any court of competent jurisdiction finds any portion of this Agreement ta be contrary to law, invalid, or unenforceable, the remainder of the Agreement wiil remain in full force and effect, and each remaining term shall be valid and enforceable to the fullest extent permitted by law. 19. COUNTERPARTS AND ELECTRONIC SIGNATURES This Agreement 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 Agreement may be executed by the parties and transmitted by electronic transmission, and if so executed and transmitted, shail be effective as if the parties had delivered an executed original of this Agreement. 20. DISPUTES A. Informal Resolution. The Parties shall make a good-faith effort to resolve any claim, dispute, or controversy arising out of or relating to this Agreement (each a "Dispute") through informal discussions between authorized representatives of the parties. Either party may provide written notice of a Dispute to the other party describing the nature of the issue in reasonable detail. Within no later than ten (10} business days after such notice, the parties shall confer in good faith in an attempt to resolve the Dispute. B.Voluntary Mediation. If the Dispute is not resolved through informal discussions, either party may request that the matter be submitted to non-binding mediation. Mediation shall occur only upon mutual agreement of the parties. Unless otherwise agreed, mediation shall be conducted by a mutually acceptable mediator in the State of lowa. The parties shall share the mediator's fees and administrative costs equally, and each party shall bear its own attorney fees and costs. Participation in mediation is voluntary and non-binding. Nothing in this Section 20 shall be construed to require either party to settle a Dispute or to impair either party's legal rights or remedies. Page 3 of 8 Page 521 of 1000 M C. No Binding Arbitration.The parties expressly agree that no provision of this Agreement shall be interpreted to require binding arbitration.Any Dispute not resolved by informal discussions or mediation may be pursued in a court of competent jurisdiction as provided herein. D. Preservation of Governmental Immunities and Defenses. Nothing in this Agreement, including this Section 20, shall be construed as a waiver of any immunity, limitation of liability, notice requirement, damage limitation, or other protection afforded to the City under applicable law, including but not limited to lowa Code chapter 670 and other applicable provisions of lowa law. All such defenses and protections are expressly preserved. E. Statutory Notice Requirements. To the extent appiicable, any claim against the City shall be subject to all statutory notice requirements and limitations periods provided by lowa law. Participation in informal discussions or mediation shall not toll any applicable statute of limitations unless expressly agreed in writing by the Parties. F. Continued Performance. During the pendency of any Dispute, the Vendor shall continue to perform its obligations under this Agreement unless and until this Agreement is terminated in accordance with its terms. 21. SAFETY AND HEALTH All materials and services provided under this Agreement shall conform to the requirements of the Federal Occupational Safety and Health Act and all regulations and standards issued by the Secretary of Labor thereunder. Upon the City's request, the Vendor shall provide appropriate certifications demonstrating compliance with such laws, orders, rules, and regulations. The Vendor shall handle, use, and dispose of all materials and substances, including those used or provided by the Vendor or its subvendors, in accordance with all applicable laws and regulations; this includes, but is not limited to, materials classified as hazardous by law or regulation. The Vendor shall indemnify, defend, and hold harmless the City from and against any and all claims, penalties,fines,judgments, or orders arising from Vendor's failure to properly handle, use, or dispose of any such material or substance. 22. MISCELLANEOUS A. Conflict of Terms. In the event of any conflict or inconsistency between this MSA and any terms or conditions provided by Vendor(including without limitation on SOWs, invoices, quotes, order confirmations, or online terms), this MSA shall eontrol. Vendor's terms and conditions are expressly rejected and shall not apply unless specifically incorporated into this MSA by a written amendment executed by both Parties. B. Public Records. Vendor acknowledges that the City is subject to the requirements of the lowa Open Records Act and that records relating to this Agreement may be subject to public disclosure. Vendor further acknowledges that records in the possession or control of Vendor relating to the performance of services under this Agreement may be deemed public records. The Parties acknowledge and agree that all information, data, and records exchanged, generated, or maintained under this Agreement may be considered public records. Vendor agrees to maintain complete and accurate records relating to the services performed under this Agreement. Upon request by the City, Vendor shall promptly provide the City with copies of any records, documents, data, correspondence, or other information in Vendor's possession or control relating to this Agreement. Vendor shall provide such records in the format requested by the City if reasonably available. Vendor shall cooperate with the City in responding to requests for public records and shall provide requested records within the time period reasonably specified by the City so that the City may comply with its obligations under the lowa Open Records Act. If Vendor believes that any information provided to the City contains trade secrets or confidential information exempt from disclosure under applicable law, Vendor shall clearly identify such information in writing at the time it is provided to the Citv and shall state the legal basis for the claimed exemption. Vendor acknowledges and agrees that the City has an obligation to independently determine whether any record is exempt from disclosure and, unless ordered otherwise by a court of competent jurisdiction, the City's determination shall control. Page 4 of 8 Page 522 of 1000 � To the extent permitted hy law, Vendor shalf indemnify and ha(d the Gity harmfess fram any claims, damages, penafties, casts, c�r attorney fees arising from the City's rediance upon Vendar's designatian af information as confid�ntiak, �raprietary, ar Qtherwise exempt from disclosure. "THE PARTI�S AGFZEE THIS MSA SHAL�.AF'PLY Tti ALL SERVICES F'ERFf}RM�D BY OR QtV ��HALF (��V�NDOR �RC?M ON AND AFTER TFiE EFFECTIVE DATE T}iROUGH THE END OF THE TERM HEREQF,except those services performed pursuant to a separate writ#en agre�men# which either (a) was executed by the Parties and effeetive priar to the Effective Da#e hereof, or(b) is executed by the ParEies and cantains tanguage expressty exempting the agreemen# from the terms ofi this MSA. Notwithstanding the foregoing, the Parties may, upon writ#en consent af both Parties,make a prior agreemen#subject to this MSA. CITY OF DUBUQU�, IQWA VENQQR; gy: � 05/22/2026 Portzen Construction, lnc. M` haef C. Van Milligen Date Gompany Na Gifiy Manager �`��'�� 05-07-26 g�: E � �a Signature Date Michael J. Portzen Printed Name President fiitle i i I ( i ; � I� Page 5 of 8 Page 523 of 1000