Signed Contracts Copyrighted
June 15, 2026
City of Dubuque CONSENT ITEMS # 5.
City Council
ITEM TITLE: Signed Contracts
SUMMARY: AECOM Technical Services, Inc. for Consulting Services
Agreement-FEMA BRIC Grant BCA Assistance; Cahoy Pump
Service for Deep Well No. 8 Emergency Repair; Cook
Appraisal for Property Appraisal Services Contract-Old Mill
Road Lift Station Phase 4 Sanitary Interceptor Project;
Environmental Systems Research Institute, Inc. for Small
Government Enterprise Licensing Agreement Quote; FEH
Associates, Inc. dba FEH Design for AIA Document - Design
Agreement-Fire Headquarters Bunkroom; Global Payments-
TSYS Merchant Solutions, LLC for Updated Contract - ule
Transit Passport Parking; ImOn for Telephone Services
Adjustment; Kinseth Hospitality Company, Inc. for Site
Access Agreement; MSA Professional Services, Inc. for Lead
Water Main Replacement Project Engineering Design;
Opening Specialists Inc. for Public Improvement Contract-
Electronic Strikes for Federal Building; Strand Associates,
Inc. for Contract Addition Five Flags - Task Order
Amendment; The East Central Intergovernmental Association
for Agreement for Services-ACRES Updates; Tyler
Technologies, Inc. for Amendment; Valentine Home
Improvement for Vendor Service Agreement-Service Line
Assistance 239 Plum; All Seasons Heating and Cooling for
Master Services Agreement; All Star Environmental LLC for
Master Services Agreement; Altorfer, Inc. for Master Services
Agreement; CBD Utility Contractors for Master Services
Agreement; Heiar Brothers Fencing Inc. for Master Services
Agreement; Midwest Concrete for Master Services
Agreement; Neiland Refrigeration for Master Services
Agreement; Overhead Door Co. of Dubuque for Master
Services Agreement; Racom Corporation for Master Services
Agreement; Tri-State Shred, Inc. for Master Services
Agreement
SUGGUESTED Receive and File
DISPOSITION:
ATTACHMENTS:
Page 133 of 1594
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: April 28, 2026
RE: L. May Eatery Request for renewal of Sidewalk Café
INTRODUCTION
This memo is to recommend approval for the renewal of L. May Eatery sidewalk café for
their business located at 1072 Main Street.
DISCUSSION
David Downs, owner of L. May Eatery has requested a renewal of their sidewalk café to
provide outdoor dining to patrons in an outdoor café setting adjacent to their business.
L. May Eatery has had a sidewalk café since 2009 and is requesting to renew their
sidewalk café license. The café will have eight tables and 2-4 chairs per table. The hours
of the café will be Thursday – Monday from 4:00 p.m. to 10:00 p.m. All required
documents have been submitted which include the application form, Indemnity
Agreement, Certificate of Insurance, and site plan.
The application from L. May Eatery has been reviewed and approved by the Offices of
the City Clerk, Engineering, Health, Finance, Planning, Police and Fire. The $200
application fee has been collected.
ACTION TO BE TAKEN
It is recommended that the sidewalk café renewal application for L. May at 1072 Main
Street be approved.
Prepared by: Kerry Bradley
X
This document authorizes ImOn Communications, LLC (ImOn) to request and receive data and
billing information (including Customer Proprietary Network Information), a copy of records for the telephone numbers listed
including, but not limited to, associated line features from your existing provider, to investigate Customer’s credit history to the full
extent permitted by applicable law, and to act as our representative for telecommunications. We are selecting ImOn as
the preferred provider for the following service(s) for the telephone number(s) listed:
Circuit Facility Assignment:Provided By Customer
X Local Exchange Service X International Service
(Local service only)(Calling outside of the United States)
X IntraLATA Service X InterLATA Service
(Local Access Transport Area)(Local Access Transport Area)
(Local long distance calls)(Calling outside your local long distance area)
ImOn is authorized to notify our current local and/or long distance service providers of our telecommunications choices
for the above location and any indicated on attached Addendum.
We understand: 1) this authorization changes the selected service providers; 2) each telephone number may have only one
preferred provider for each service, and; 3) our current local service provider may apply a charge for this change.
I hereby authorize ImOn to make inquiries concerning my credit worthiness and hereby authorize financial institutions
vendors, and others to disclose credit information to ImOn.
Telephone Number(s)
ImOn Representative:Letter of Agency Page 1 of 1
Date
Letter of Agency
Customer Signature & Title
Print Customer Name
City Manager
City of Dubuque Michael C. Van Milligen
05/29/2025
Quotation # Q-546498
Date: May 6, 2026
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 27963 Contract # ENTERPRISE
AGREEMENT
City of Dubuque
Information Technology
50 W 13th St
Dubuque, IA 52001-4805
To expedite your order, please attach a copy of ATTENTION:Nikki Rosemeyer
this quotation to your purchase order. PHONE:5635894174
Quote is valid from: 3/19/2026 To: 6/17/2026 EMAIL:nrosemeyer@cityofdubuque.org
Material Qty Term Unit Price Total
193206 1 Year 1 $60,300.00 $60,300.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription
193206 1 Year 2 $60,300.00 $60,300.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription
193206 1 Year 3 $60,300.00 $60,300.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription
Subtotal:$180,900.00
Sales Tax:$0.00
Estimated Shipping and Handling (2 Day Delivery):$0.00
Contract Price Adjust:$0.00
Total:$180,900.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact:
Chris Wright
Email:
chriswright@esri.com
Phone:
(909) 793-2853
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document
found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement
with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your
purchase of that item. If any item is quoted with a multi-year payment schedule, Esri may invoice at least 30 days in advance of each anniversary
date without the issuance or a Purchase Order, and Customer is required to make all payments without right of cancellation. Third-party data sets
included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the
applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments
for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of
Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply
to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement
regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different
or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation
information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The
information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located
in the USA.
WRIGHTC This offer is limited to the terms and conditions incorporated and attached herein.
Quotation # Q-546498
Date: May 6, 2026
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 27963 Contract # ENTERPRISE
AGREEMENT
City of Dubuque
Information Technology
50 W 13th St
Dubuque, IA 52001-4805
To expedite your order, please attach a copy of ATTENTION:Nikki Rosemeyer
this quotation to your purchase order. PHONE:5635894174
Quote is valid from: 3/19/2026 To: 6/17/2026 EMAIL:nrosemeyer@cityofdubuque.org
_________________________________________________________________________________________________________________________________
If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax
Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional
information is required to complete your request.
If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having
issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order.
In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA,
BPA) on your ordering document.
BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING
ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $___________, PLUS SALES TAXES IF
APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING
PAPERWORK.
Please check one of the following:
___ I agree to pay any applicable sales tax.
___ I am tax exempt, please contact me if exempt information is not currently on file with Esri.
___________________________________________ ________________________
Signature of Authorized Representative Date
___________________________________________
Name (Please Print)
___________________________________________
Title
_________________________________________________________________________________________________________________________________
The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside
parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri).
Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri
reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide
Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction.
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact:
Chris Wright
Email:
chriswright@esri.com
Phone:
(909) 793-2853
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document
found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement
with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your
purchase of that item. If any item is quoted with a multi-year payment schedule, Esri may invoice at least 30 days in advance of each anniversary
date without the issuance or a Purchase Order, and Customer is required to make all payments without right of cancellation. Third-party data sets
included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the
applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments
for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of
Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply
to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement
regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different
or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation
information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The
information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located
in the USA.
WRIGHTC This offer is limited to the terms and conditions incorporated and attached herein.
X
Michael Van Milligen
City Manager
05/28/2026
Esri Use Only:
Cust. Name
Cust. #
PO #
Esri Agreement #
Page 1 of 6 June 30, 2025
SMALL ENTERPRISE AGREEMENT
COUNTY AND MUNICIPALITY GOVERNMENT
(E214-3)
This Agreement is by and between the organization identified in the Quotation (“Customer”) and Environmental
Systems Research Institute, Inc. (“Esri”).
This Agreement sets forth the terms for Customer’s use of Products and incorporates by reference (i) the
Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the
documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the
Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and
construed in accordance with the laws of the state in which Customer is located without reference to conflict of
laws principles, and the United States of America federal law shall govern in matters of intellectual property. The
modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.
Table A
List of Products
Uncapped Quantities (annual subscription)
ArcGIS Enterprise Software and Extensions
ArcGIS Enterprise (Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS
Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS
Network Analyst, ArcGIS Data Reviewer
ArcGIS Enterprise Additional Capability Servers
ArcGIS Image Server
ArcGIS Online User Types
ArcGIS Online Viewer User Type
ArcGIS Enterprise User Types
ArcGIS Enterprise Viewer User Type
Capped Quantities (annual subscription)
ArcGIS Online User Types ArcGIS Enterprise User Types
ArcGIS Online Contributor User Type 30 ArcGIS Enterprise Contributor User Type 30
ArcGIS Online Mobile Worker User Type 150 ArcGIS Enterprise Mobile Worker User Type 150
ArcGIS Online Creator User Type 150 ArcGIS Enterprise Creator User Type 150
ArcGIS Online Professional User Type 40 ArcGIS Enterprise Professional User Type 40
ArcGIS Online Professional Plus User Type 40 ArcGIS Enterprise Professional Plus User Type 40
ArcGIS Pro (Add-on Apps) for ArcGIS Online Creator or
Professional User Type
ArcGIS Pro (Add-on Apps) for ArcGIS Enterprise
Creator or Professional User Type
ArcGIS 3D Analyst, ArcGIS Data Reviewer,
ArcGIS Geostatistical Analyst, ArcGIS Network
Analyst, ArcGIS Publisher, ArcGIS Spatial
Analyst, ArcGIS Workflow Manager, ArcGIS
Image Analyst
40
each
ArcGIS 3D Analyst, ArcGIS Data Reviewer,
ArcGIS Geostatistical Analyst, ArcGIS Network
Analyst, ArcGIS Publisher, ArcGIS Spatial
Analyst, ArcGIS Workflow Manager, ArcGIS
Image Analyst
40
each
ArcGIS Online Apps and Other ArcGIS Enterprise Apps and Other
ArcGIS Location Sharing for ArcGIS Online 40 ArcGIS Location Sharing for ArcGIS Enterprise 40
ArcGIS Online Service Credits 100,000 ArcGIS Advanced Editing User Type Extension
for ArcGIS Enterprise 30
Other Benefits
Number of Esri User Conference registrations provided annually 4
Number of Tier 1 Help Desk individuals authorized to call Esri 4
Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities
purchased outside this Agreement
Page 2 of 6 June 30, 2025
Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation
attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this
Agreement (“Ordering Document”). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER’S PURCHASE
ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL
GOVERN. This Agreement is effective as of the date of Esri’s receipt of an Ordering Document, unless otherwise
agreed to by the parties (“Effective Date”).
Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and
arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4—
Product Updates, no modifications can be made to this Agreement.
Accepted and Agreed:
(Customer)
By:
Authorized Signature
Printed Name:
Title:
Date:
CUSTOMER CONTACT INFORMATION
Contact: Telephone:
Address: Fax:
City, State, Postal Code: E-mail:
Country:
Quotation Number (if applicable):
City of Dubuque
Michael Van Milligen
City Manager
05/28/2026
Page 3 of 6 June 30, 2025
1.0—ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
“Case” means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
“Deploy”, “Deployed” and “Deployment” mean to
redistribute and install the Products and related
Authorization Codes within Customer’s
organization(s).
“Fee” means the fee set forth in the Quotation.
“Maintenance” means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
“Master Agreement” means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/en-
us/legal/terms/full-master-agreement and available in
the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.
“Product(s)” means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.
“Quotation” means the offer letter and quotation
provided separately to Customer.
“Technical Support” means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
“Tier 1 Help Desk” means Customer’s point of
contact(s) to provide all Tier 1 Support within
Customer’s organization(s).
“Tier 1 Support” means the Technical Support
provided by the Tier 1 Help Desk.
“Tier 2 Support” means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.
2.0—ADDITIONAL GRANT OF LICENSE
2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.
2.2 Consultant Access. Esri grants Customer the
right to permit Customer’s consultants or
contractors to use the Products exclusively for
Customer’s benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer’s benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.
3.0—TERM, TERMINATION, AND EXPIRATION
3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.
3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.
3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.
3.4 Termination for Lack of Funds. For an
Agreement with government or government-
Page 4 of 6 June 30, 2025
owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body’s approval
process.
3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.
4.0—PRODUCT UPDATES
4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.
Customer’s use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.
4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/other-
resources/product-life-cycle. Updates for
Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.
5.0—MAINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/en-
us/legal/terms/maintenance). At Esri’s sole
discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.
Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support
1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer’s authorized users.
2. The Tier 1 Help Desk will be fully trained in
the Products.
3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.
4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.
5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.
6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support
1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.
2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.
3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to
Page 5 of 6 June 30, 2025
supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.
4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.
5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).
6.0—ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer’s
endorsement of Products. Either party may publicize
the existence of this Agreement.
7.0—ADMINISTRATIVE REQUIREMENTS
7.1 OEM Licenses. Under Esri’s OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners’ business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.
Customer will not decouple Esri products or
services from the OEM partners’ application or
service.
7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.
8.0—ORDERING, ADMINISTRATIVE
PROCEDURES, DELIVERY, AND
DEPLOYMENT
8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer’s access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.
c. Esri’s federal ID number is 95-2775-732.
d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.
8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer’s centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due
Page 6 of 6 June 30, 2025
9.0—MERGERS, ACQUISITIONS, OR
DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer’s acquisition of another entity; or (iii) a
transfer or sale of all or part of Customer’s
organization (subsections i, ii, and iii, collectively
referred to as “Ownership Change”). There will be
no decrease in Fee as a result of any Ownership
Change.
9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.
9.2 If an Ownership Change results in transfer or
sale of a portion of Customer’s organization, that
portion of Customer’s organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.
9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.
05/29/2026
Page 1 of 10
(Attachment A: Scope of Services)
G:\00\00492\00492131\Contract\Task Order Dubuque Lead Water Line Replacement DRAFT REV1 260513.docx
Task Order 21
To: City of Dubuque Date of Issuance: May 14, 2026
50 West 13th Street MSA Project No.: 00492131
Dubuque, IA 52001
This task order will acknowledge that MSA Professional Services, Inc. (MSA) is authorized to
begin work on the following project:
Project Name: Lead Water Main Replacement Project (CIP#_______________)
The scope of the work authorized is: See Attachment A: Scope of Services.
The schedule to perform the work is: Approximate start: June 2026
Approximate completion: June 2027
The fee for the work is:
Phase 1 – Design, Funding Coordination, & Bidding Lump Sum $ 54,500
Phase 2 – Construction Related Services Estimated Fee $ 25,000
This authorization for the work described above shall serve as the Agreement between MSA and
OWNER. All services shall be performed in accordance with the Master Professional Services
Agreement dated August 9, 2022. Any attachments or exhibits referenced in this Agreement are
made part of this Agreement. Payment for these services will be on a lump sum basis.
Approval: MSA shall commence work on this project in accordance with your written
authorization. This authorization is acknowledged by signature of the authorized representatives
of the parties to this Agreement. A copy of this Agreement signed by the authorized
representatives shall be returned for our files.
CITY OF DUBUQUE MSA PROFESSIONAL SERVICES, INC.
Michael C. Van Milligen Sarah Fosbinder, PE
City Manager Water Team Leader
Date: Date: 5/14/2026
50 West 13th Street 400 Ice Harbor Drive, Suite 110
Dubuque, IA 52001 Dubuque, IA 52001
Phone: 563.589.4270 Phone: 563.582.3973
05/29/2026
Page 2 of 10
(Attachment A: Scope of Services)
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ATTACHMENT A:
SCOPE OF SERVICES
PROJECT DESCRIPTION
The project consists of removing and replacing small diameter lead piping and associated
services at the following locations. See below and Attachment C, project map for anticipated
project locations.
May Place
Union Street
Austin Street
Washington Street
Roland Street
The City is seeking to fund this project through the State Revolving Fund (SRF).
The preferred installation method is utilizing trenchless technology where applicable to reduce
surface restoration needs. Through topographic survey and discussions with the City the
construction methods will be determined for each of the replacements.
Project will be designed in accordance with SUDAS Design and Specifications Manuals and the
City’s supplemental requirements.
SCOPE OF SERVICES
MSA will provide services as set forth below.
Phase 1 – Planning, Design, Funding Coordination, & Bidding (Lump Sum)
1-1. Planning
Preliminary Engineering Report
o Prepare Preliminary Engineering Report in accordance with Iowa DNR
and SRF requirements
o Develop need for the project, including general existing conditions
analysis and problem statement
o Include 30% basis of design, cost estimate, and description of
alternatives evaluated
1-2. Design
Project Administration
o Manage and coordinate project team, budget and schedules. Maintain
communication with Owner and stakeholders on project.
Quality Assurance/Quality Control
o Employ documented quality-assurance/quality-control procedures
throughout project.
Project Site Information
o Right-of-Way Research: utilize recorded survey documentation in project
area to determine right-of-way locations.
o Contact Utility One Call: utilize marking and mapping provided by one-call
agency to assess locations of existing private utilities in the area.
o Topographic Survey: collect location and elevation data of existing
features at the site for use as basis of design.
Page 3 of 10
(Attachment A: Scope of Services)
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o Utility Structure Survey: investigate utility structures to obtain field
measured invert elevations, penetrating pipe information, and condition
assessment.
1-3. Design – Street/Utility
o Water Design: Develop horizontal and vertical alignments for water
mains. Determine valve, hydrant, service and connection locations.
Perform required design computations regarding pressure and flow
volumes. Prepare construction details.
o Erosion Control Design: Determine location and type of erosion control
devices needed to meet regulatory requirements.
o Traffic Control Design: Determine location and type of traffic control
devices needed to safely route traffic around and through the construction
site.
o Construction Cost Estimate: Develop a preliminary construction cost
estimate based on preliminary plans. Develop an Engineers Estimate of
Construction cost based on quantities computed from final plans.
Plan Preparation and Drafting
o Preliminary Plan Preparation: Prepare preliminary plans showing
topographic survey information, horizontal and vertical alignments of
utilities and roadway, typical roadway cross section, and typical
construction details.
o Final Plan Preparation: Prepare final plans based on preliminary plans,
Owner feedback, and additional design development.
Specifications
o Specifications: prepare technical specifications, special procedures,
bidding documents and construction contracting documents.
Utility Coordination
o Coordination and Communication
Inform private utility companies (gas, electric, and
communications) of the project scope and timeline.
Note utility locations (as provided by utility companies and/or one-
call locate) on the project plans.
Provide utility companies with preliminary and final plans for the
project.
Invite utilities to pre-construction meeting.
Permits: Prepare permit application and required attachments for:
o Water System Construction Permitting
o Iowa DNR General Permit No. 2 authorization
o City Erosion and Sediment Control Permit
o City ROW permits
Design Meetings (3 in person meetings)
o Project kick-off: Attend one meeting with staff prior to starting work on the
project.
o Preliminary Plan review: Attend one meeting with staff after preliminary
plans are complete, prior to starting final plans.
o Final Plan review: Attend one meeting with staff, and one meeting with
elected officials.
o Unless otherwise noted, all meetings will take place at in person.
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(Attachment A: Scope of Services)
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Funding Assistance: City is seeking to utilize the State Revolving Fund (SRF)
to fund this project. MSA will aid City staff in preparation of the IUP Application to
meet the September 1st quarterly deadline.
1-4. Bidding
Assist Owner in Advertising and Soliciting for Bids
Administer Bid Document Distribution Process utilizing QuestCDN
Attend Pre-Bid Meeting
Issue Addenda as appropriate to clarify, correct, or change the bidding
documents
Assist Owner in evaluating bids and in assembling and awarding construction
contracts.
Phase 2 – Construction Related Services (Estimated Fee)
2-1. Construction Administration
Construction Project Administration: Manage and coordinate project team,
budget and schedules. Maintain communication with Owner and stakeholders on
project.
QA/QC: Employ documented quality-assurance/quality-control procedures
throughout project.
Pre-Construction Meeting: Participate in the Preconstruction Meeting
Construction Progress Meetings: Facilitate and attend monthly meetings over an
assumed construction period of 3 months.
Contractor Communication: Respond to Contractor Requests for Information and
assist in interpretation of contract documents in person, in writing, or by
telephone.
Submittal Review: Review Contractor Shop Drawings, Submittals, Schedules and
Samples for compliance with Construction Documents.
Change Orders: Review Change Order requests from Contractor; recommend
Change Orders to Owner as appropriate.
Applications for Payment: Review Contractor Applications for Payment; make
payment recommendation to Owner as appropriate.
Funding Assistance during Construction:
i. Submit all DNR Bid Checklist items to DNR for review and approval.
ii. Review materials for compliance with American Iron & Steel (AIS)
requirements, document product certifications, & attend AIS compliance
audit.
iii. Submission of SRF project close-out documentation
Project Closeout: Prepare punch list (items to be completed or corrected), and
Substantial Completion Certificate. Review Contractor work and completion
documents for compliance with construction contract and readiness for final
payment (includes warranty documentation and lien waiver review).
2-2. Construction Staking
Provide line and grade stakes for:
o Water Main & services
o Concrete Curb and Gutter (if needed)
o Sidewalk (if needed)
o Pavement (if needed)
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(Attachment A: Scope of Services)
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2-3. Construction Observation
Furnish a Construction Observer to observe the progress and quality of the
Contractor’s work on the Project. Duties and responsibilities of the CO include:
o Attend meetings with Contractor, such as preconstruction conferences and
progress meetings.
o Assist in communication between Engineer, Contractor and Owner,
especially when additional information, interpretation, or clarification is
needed regarding existing conditions or contract documents.
o Conduct bi-weekly site visits to observe contractor’s work in progress (it
is assumed that the construction will occur over an assumed
construction period of 12 weeks, leading to an assumed 24 number of
visits of approximately 2 hours each).
o Verify that tests, equipment, and systems start-ups are conducted and
documented appropriately.
o Maintain orderly files and prepare a report recording Contractor’s observed
activities at the site.
o Review applications for payment with regard to Work completed, and
materials and equipment delivered at the Site.
o Participate in visits to the Project to determine punch list items, and
readiness for Substantial Completion and Final Completion.
SUBCONSULTANTS
MSA recommends that the Owner contract directly with a third-party consultant to complete the
following tasks which are not included in our fee. MSA can/will assist in coordinating this work.
Geotechnical Investigation
DELIVERABLES
MSA will provide the following deliverables:
1. Phase 1
a. Topographic base map: two electronic files, one AutoCAD dwg format (points
and line work only). and one PDF format.
b. IUP application and Preliminary Engineering Report
c. Preliminary plans: two (2) paper copies, one PDF file of the preliminary plans,
and construction cost estimate for Owner review.
d. Preliminary Construction Cost Estimate
e. Final plans: two (2) paper copies and one PDF file of the final plans and
construction cost estimate, for Owner review.
f. Final Construction Cost Estimate
g. Permit Applications: One PDF file (per application) containing permit application
with attachments for submittal to permitting authority.
h. Bidding Documents: two (2) paper copies, one PDF file of the bidding
documents, including project manual, plan sets and any addenda.
2. Phase 2
a. Record Drawings based on scope limited observations: one (1) paper copy, and
one PDF file.
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(Attachment A: Scope of Services)
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ADDITIONAL SERVICES
Services that are not included in the above Scope of Services can be provided under separate
contract or by amending the scope and fee listed in this Agreement. Examples of additional
services that may be needed or desired for completion of the project include:
1. Full-time construction inspection services by qualified staff
2. Survey mapping and monumentation
3. Temporary Construction Easements
4. Utility system modeling
5. Funding applications and administration
6. Additional meetings not specifically listed in the scope.
7. Accommodations for environmental hazards, endangered species, or historical or
cultural issues at or near the project site.
8. Permit assistance related to surface waters and wetlands.
9. Variance requests (if required for permit applications included in the scope).
10. Updates to Owner’s electronic Geographic Information System to reflect changes from
project.
11. Coordinate sub-surface investigation: obtain proposals from geotechnical consultants,
field-locate borings, and record elevations of borings (Owner to contract directly with
geotechnical consultant).
12. Wetland Investigation: Desktop evaluation to assess site for presence of wetlands
utilizing publicly available wetland and soils maps. (Wetland delineation and permitting
not included).
13. Floodplain Investigation: Assess site for presence of floodplain and floodway utilizing
online Flood Insurance Rate Maps (permitting not included).
14. Environmental and Historical Review: Desktop evaluation to assess site for potential
environmental, historical, or architectural impacts.
15. Sanitary Sewer Design: Develop horizontal and vertical alignments for sanitary sewer.
Determine structure, lateral, and connection locations. Perform required design
computations regarding pressure and capacity. Prepare construction details.
16. Roadway Design: Develop horizontal and vertical alignments for roadway, curb and
gutter, and sidewalk. Prepare pavement design, typical section, cross sections and
construction details.
17. Stormwater Design: Determine storm sewer inlet and discharge locations. Develop
routing and sizing for storm sewer and surface water drainage and storm water
management practices. Prepare construction details.
18. Operation and Maintenance Manuals: Compile Operation and Maintenance Manuals
from information provided by Contractor.
19. Public Information Meeting: Conduct one meeting, consisting of a brief presentation
about the project, and a question/answer period.
20. Permanent Easements or Property Acquisitions.
21. Funding Assistance during Construction, other than those listed in scope of services.
Specifically:
a. Review weekly pay rolls for compliance with Davis Bacon wages.
b. Conduct onsite wage interviews.
c. Prepare SRF Draw Requests on behalf of the City, City to execute and submit
22. Any post-construction services such as walkthrough prior to end of warranty period or
comprehensive as-built documentation.
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(Attachment A: Scope of Services)
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PROJECT SCHEDULE
MSA anticipates the following estimated project schedule:
Date Milestone
May 2026 Owner approves Professional Services Agreement
June 2026 MSA begins work
October 2026 Final Plans complete
October 2026 Permit applications submitted
January-February 2027 Bidding process
March 2027 Owner awards construction contract
April 2027 to June 2027 Construction
June 2027 Project Closeout
OWNER’S RESPONSIBILITIES
Owner is responsible for accuracy and completeness of the information provided to
MSA.
Owner will provide MSA with full information as to Owner’s requirements for the project.
Owner will operate Owner’s systems (hydrants, valves, manholes, etc.) as needed for
MSA to obtain required information for the completing project.
Owner will provide timely response to questions and review of engineering submittals
(preliminary and final plans).
Owner will authorize submittal of necessary permit applications and pay associated fees.
Owner will pay MSA as identified within this Task Order.
Page 8 of 10
(Attachment B: Rate Schedule)
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ATTACHMENT B:
RATE SCHEDULE
Administrative ............................................................................................ $ 90 – $160/hr.
Architects ................................................................................................... $ 90 – $208/hr.
Community Development Specialists ......................................................... $144 – $208/hr.
Digital Design ............................................................................................. $121 – $159/hr.
Environmental Scientists/Geologists .......................................................... $116 – $203/hr.
Geographic Information Systems (GIS) ...................................................... $105 – $203/hr.
Housing Administration .............................................................................. $ 97 – $198/hr.
Inspectors/Zoning Administrators ............................................................... $115 – $160/hr.
IT Support .................................................................................................. $184 – $203/hr.
Land Surveying .......................................................................................... $ 90 – $208/hr.
Landscape Designers & Architects ............................................................. $ 90 – $231/hr.
Planners..................................................................................................... $ 90 – $226/hr.
Principals ................................................................................................... $230 – $330/hr.
Professional Engineers/Designers of Engineering Systems ....................... $163 – $214/hr.
Project Managers ....................................................................................... $126 – $259/hr.
Real Estate Professionals .......................................................................... $147 – $203/hr.
Staff Engineers .......................................................................................... $ 90 – $157/hr.
Technicians ................................................................................................ $105 – $159/hr.
Utility Treatment Operators ........................................................................ $ 90 – $190/hr.
Labor rates represent an average or range for a particular job classification. These rates are in effect until December 31, 2026.
REIMBURSABLE EXPENSES (effective April 19, 2026)
Building Inspection Permit Management ................................ $25/permit
Copies/Prints ................................................................. Rate based on volume
Specs/Reports ............................................................... $10
Copies ........................................................................... $0.20/page | $0.13/page for DOT
Plots .............................................................................. $0.01/sq.in.
Flash Drive .................................................................... $10
Dini Laser Level ..................................................................... $85/per day | $85/day for DOT
Drone Flight ........................................................................... $375/flight | $250/flight for DOT
Geodimeter ............................................................................ $30/hour
GPS Equipment ..................................................................... $20/hour | $18/hour for DOT
GPS R2 Equipment ............................................................... $20/hour | $18/hour for DOT
Mailing/UPS ........................................................................... At cost
Mileage – Reimbursement ..................................................... IRS Rate – IRS Rate + $5/day
Mileage – MSA Vehicle .......................................................... $0.77/mile | $0.77/mile for DOT
Nuclear Density Testing ......................................................... $45/day | $45/day for DOT
Organic Vapor Field Meter ..................................................... $100/day
PC/CADD Machine ................................................................ Included in labor rates
Robotic Survey Equipment ..................................................... $20/hour | $14/hour for DOT
Stakes/Lath/Rods ................................................................... At cost
Travel Expenses, Lodging, & Meals ....................................... At cost
Traffic Counting Equipment & Data Processing ...................... At cost
Expense rates represent an average or range for a particular category and are subject to change to match incurred cost in real time.
Page 9 of 10
(Attachment C: Project Locations)
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ATTACHMENT C:
PROJECT LOCATIONS
Page 10 of 10
(Attachment C: Project Locations)
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U.S. Consulting Services Agreement (March 19, 2018)
Rev. May 11, 2020
Page 1 of 13
AECOM Project Number _______________
AECOM Project Name Dubuque BRIC 17th Street
CONSULTING SERVICES AGREEMENT
This Consulting Services Agreement (“Agreement”) effective this ______________, 2026, is by and between
City of Dubuque, (“Client”), and AECOM Technical Services, Inc., a California corporation, (“AECOM”); each
also referred to individually as (“Party”) and collectively as (“Parties”).
In consideration of the mutual covenants and promises contained herein, the Parties agree as follows:
1. SCOPE OF SERVICES
1.1 AECOM shall perform the services set forth in EXHIBIT A (“Services”), incorporated herein by
reference.
1.2 AECOM will provide the work products (“Deliverables”) in accordance with the schedule (“Project
Schedule”), if applicable, as set forth in EXHIBIT A.
2. TERM OF AGREEMENT Upon execution by the Parties, this Agreement shall have the effective date
set forth above. This Agreement shall remain in force until all obligations related to the Services, other than
those obligations which survive termination of this Agreement under Article 22, have been fulfilled, unless this
Agreement is sooner terminated as set forth herein.
3. COMPENSATION AND PAYMENT AECOM shall be paid for the performance of the Services in
accordance with EXHIBIT B (“Compensation and Payment”), incorporated herein by reference.
4. NOTICE All notices, requests, claims, demands and other official communications herein shall be in
writing. Such notices shall be given (i) by delivery in person, (ii) by a nationally recognized commercial courier
service; or (iii) by United States Postal Service, registered mail, postage prepaid and return receipt requested.
Notices shall be effective upon actual delivery to the other Party at the following addresses:
TO CLIENT:
50 W 13th Street
Dubuque, IA 52001
Attn: Robert D. Schiesl, PE [Project Manager]
TO AECOM:
501 Sycamore Street, Suite 222
Waterloo, IA 50703
Attn: Mark Durbahn, PE, MBA [Project
Manager]
Claims-related notices shall be copied to:
AMER-DCSProjectClaimNotices@aecom.com.
or to which address the receiving Party may from time to time give notice to the other Party. Rejection or other
refusal to accept, or the inability to deliver because of changed address for which no notice was given, shall
be deemed to be receipt of the notice as of the date of such rejection, refusal to accept, or inability to deliver.
Claims-related notices need to include the AECOM project name and number found in this Agreement as well
as contact information of the person submitting the notice.
City of Dubuque
U.S. Consulting Services Agreement (March 19, 2018)
Rev. May 11, 2020
Page 2 of 13
5. AECOM’S RESPONSIBILITIES
5.1 AECOM shall perform the Services in accordance with the degree of professional skill, quality and
care ordinarily exercised by members of the same profession currently practicing in the same locality under
comparable circumstances and as expeditiously as is consistent with professional skill and the orderly
progress of the Project. The full extent of AECOM's responsibility with respect to the Services shall be to
perform in accordance with the above standards and to remedy any material deficiencies or defects in the
Deliverables at AECOM’s own expense, provided that AECOM is notified by Client, in writing, of any such
deficiency or defect within a reasonable period after discovery thereof, but in no event later than 90 days after
AECOM's completion or termination of the Services. AECOM MAKES NO OTHER REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT OR OTHERWISE.
5.2 AECOM will endeavor in good faith, as needed, to obtain from the appropriate authorities their
interpretation of applicable codes and standards and will apply its professional judgment in interpreting the
codes and standards as they apply to the Project at the time of performance of the Services. Notwithstanding
the above, the Parties agree that, as the Project progresses, such codes or standards may change or the
applicability of such codes or standards may vary from AECOM’s original interpretation through no fault of
AECOM and that additional costs necessary to conform to such changes or interpretations during or after
execution of the Services will be subject to an equitable adjustment in the Compensation and Project Schedule.
5.3 AECOM shall be responsible for its performance and that of AECOM’s lower-tier subcontractors and
vendors. However, AECOM shall not be responsible for health or safety programs or precautions related to
Client's activities or operations or those of Client's other contractors and consultants or their respective
subcontractors and vendors (“Contractors”). AECOM shall have no responsibility for (i) construction means,
methods, techniques, sequences or procedures; (ii) the direction of Contractors’ personnel; (iii) selection of
construction equipment; (iv) coordination of Contractors’ work; (v) placing into operation any plant or
equipment; or (vi) Contractors’ failure to perform the work in accordance with any applicable construction
contract. AECOM shall not be responsible for inspecting, observing, reporting or correcting health or safety
conditions or deficiencies of Client, Contractors or others at the project site (“Project Site”) other than AECOM’s
employees, subconsultants and vendors. So as not to discourage AECOM from voluntarily addressing health
or safety issues while at the Project Site, in the event AECOM does identify such issues by making
observations, reports, suggestions or otherwise, AECOM shall have no authority to direct the actions of others
not under AECOM’s responsibility and control and shall have no liability, responsibility, or affirmative duty
arising on account of AECOM’s actions or forbearance.
5.4 Notwithstanding anything contained in this Agreement, AECOM shall have no responsibility for the
discovery, presence, handling, removal, transportation, storage or disposal of, or exposure of persons to
hazardous materials in any form related to the Project. AECOM shall not be responsible for Client's pre-existing
site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence
or willful misconduct of AECOM
6. CLIENT’S RESPONSIBILITIES
6.1 Client shall provide in writing any specific Client requirements or criteria for the Project, including
design objectives and constraints, space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations.
6.2 Client shall furnish all information and technical data in Client's possession or under its control
reasonably required for AECOM’s proper performance of the Services prior to AECOM’s commencement of
the Services or at such other times as Client and AECOM mutually agree. AECOM is entitled and will rely
upon the accuracy, completeness, currency and non-infringement of information and data provided by Client
or obtained from generally accepted sources within the industry, except to the extent such verification by
AECOM may be expressly required as a defined part of the Services. AECOM will not be responsible for
defects in its Services attributable to its reliance upon or use of such information and data.
6.3 Client shall arrange for access and make all provisions necessary for AECOM to enter upon public
and/or private property as required for AECOM to properly perform the Services. Client shall disclose to
City of Dubuque
U.S. Consulting Services Agreement (March 19, 2018)
Rev. May 11, 2020
Page 3 of 13
AECOM any known or suspected hazards at the Project Site which may pose a threat to human health,
property or the environment.
6.4 If any document or inquiry requires Client to approve, comment, or to provide any decision or direction
with regard to the Services, such approval, comment, decision or direction shall be provided within a
reasonable time within the context of the Project Schedule, or if not identified in the Project Schedule, within a
reasonable time to facilitate the timely performance of the Services.
7. INDEPENDENT CONTRACTOR Nothing contained in this Agreement shall be construed to create a
partnership, joint venture, or create a relationship of employer/employee or principal/agent between Client or
Client’s Contractors and AECOM.
8. CONFIDENTIALITY
8.1 AECOM shall treat as confidential information and data delivered to it by Client or developed in the
performance of the Services that are specified in writing by Client to be confidential (“Confidential Information”).
Confidential Information shall not be disclosed to third parties by AECOM without the consent of Client, except
to the extent reasonably believed necessary by AECOM for its proper performance of the Services, for a period
of 5 years following completion or termination of this Agreement.
8.2 Notwithstanding the above, these restrictions shall not apply to Confidential Information which (i) is
already known to AECOM at the time of its disclosure; (ii) becomes publicly known through no wrongful act or
omission of AECOM; (iii) is communicated to a third party with the express written consent of Client and not
subject to restrictions on further use or disclosure; (iv) is independently developed by AECOM; or, (v) to the
extent such Confidential Information is required by Law to be disclosed; provided that the information required
for disclosure shall remain Confidential Information as to all other persons or entities pursuant to the terms of
this Agreement, and provided further that AECOM shall promptly provide Client with written notice of such
requirement.
8.3 Upon termination of this Agreement or upon Client’s written request, AECOM shall return the
Confidential Information to Client or destroy the Confidential Information in AECOM’s possession or control.
Notwithstanding the above, AECOM shall not be required to destroy Confidential Information held
electronically in archive or back-up systems in accordance with general systems archiving or backup policies
or required for preservation by law, regulation, audit, data retention or corporate archival purposes or per
regulatory, judicial or governmental order. All such retained Confidential Information shall be kept confidential
by AECOM subject to and in accordance with the terms of this Agreement.
9. DATA RIGHTS
9.1 All right, title and interest in and to any Deliverables, and excluding any AECOM Intellectual Property,
shall be assigned by AECOM to Client upon full payment for the Deliverables. Client acknowledges and agrees
that AECOM is the author of, and retains all rights, title and interest in all other intellectual property, including
work papers, templates, details, designs, drawings, plans, renderings, analyses, calculations, models,
software, macros, applications, specifications, processes, procedures, interim or draft documents,
methodologies, know-how, and any other instruments of service: (a) belonging to AECOM or its consultants
prior to the effective date of this Agreement; (b) developed by AECOM or its consultants outside the scope of,
or not exclusively pursuant to, this Agreement; (c) licensed by AECOM or its consultants from a third-party;
and (d) included within the Deliverables but which are generic, generally applicable to or standard in AECOM’s
business (collectively, “AECOM Intellectual Property”). To the extent the Deliverables contain, or Client’s
receipt of the Services require the use of AECOM Intellectual Property, to the extent of AECOM’s ownership
and control thereof, AECOM hereby grants to Client, upon full payment for the Deliverables and Services, a
limited, non-exclusive, non-assignable, royalty-free license to use and sublicense said AECOM Intellectual
Property solely and to the extent necessary to achieve the purposes stated in EXHIBIT A.
9.2 Nothing in this Agreement shall be construed to prohibit AECOM or its consultants from using for other
purposes, clients or projects the skills, knowledge and experience gained by AECOM or its consultants in the
performance of the Services and provision of the Deliverables pursuant to this Agreement, provided that
AECOM and its consultants do not use Client’s Confidential Information.
City of Dubuque
U.S. Consulting Services Agreement (March 19, 2018)
Rev. May 11, 2020
Page 4 of 13
9.3 AECOM, in developing solutions, testing hypotheses, or documenting designs, may employ advanced
technologies for simulation, information modeling, generative design, and the development of project
documentation (“Technical Tools”). While these Technical Tools may result in digital files and/or simulations
or models (“Datasets”), when not specifically defined within this Agreement, these Datasets will not constitute
a Deliverable or portion thereof. Rather, the Technical Tools and Datasets will be a byproduct of AECOM’s
internal processes and will be AECOM's sole proprietary information. Notwithstanding anything to the contrary
in this Agreement, any ownership and data rights provisions will not apply to such Technical Tools and
Datasets and AECOM will remain the sole owner of such Technical Tools and Datasets.
9.4 Client understands and accepts that the Services and Deliverables provided by AECOM pursuant to
this Agreement are intended by AECOM for the sole use by Client for the specific purpose stated in EXHIBIT
A. Client agrees, to the fullest extent permitted by law, to indemnify, defend and hold harmless AECOM and
its consultants and their directors, officers, employees, agents, representatives, affiliated and parent
companies, (“AECOM Indemnities”) against any and all claims, suits, causes of action, damages, losses,
costs, expenses and liabilities (including the aggregate amount paid in reasonable settlement of any actions,
suits, proceedings or claims), including reasonable attorneys’ fees and costs of defense, to which AECOM or
any of the AECOM Indemnities may become subject as a consequence of any use or modification of, reliance
upon, or transmission to a third party of, said Services, Deliverables, AECOM Intellectual Property, by Client
outside the scope of this Agreement without the express, written permission by AECOM.
10. COMPLIANCE The Parties shall comply with applicable treaties, compacts, statutes, ordinances,
codes, regulations, consent decrees, orders, judgments, rules, and other requirements of governmental or
judicial entities that have jurisdiction over the Services (“Law”).
11. FORCE MAJEURE Neither Party shall be responsible for a delay or disruption in, or inability to provide
its respective performance under this Agreement, other than a delay in payment for Services already
performed, if such delay is caused by events or contingencies, existing or future, beyond the reasonable control
of the claiming Party, including “acts of God,” abnormal weather conditions or other natural catastrophes, war
(whether declared or not), terrorism, sabotage, computer viruses, civil unrest, strikes, lockouts or other
industrial disturbances, pandemics, epidemics, health emergencies, virus (e.g., SARS Cov-2), disease (e.g.
COVID-19), plague, changes in law or regulations, quarantine, travel restrictions, discovery of hazardous
materials, differing or unforeseeable site conditions, acts of governmental agencies or authorities (whether or
not such acts are made in response to other Force Majeure Events), or any other events or circumstances not
within the reasonable control of the party affected, whether or not of a similar kind or nature to any of the
foregoing (a “Force Majeure Event”). The Party seeking application of this provision shall notify the other Party
in writing promptly upon learning of the impact of the Force Majeure Event upon the notifying Party’s
performance of its obligations under this Agreement. Upon the occurrence of a Force Majeure Event, AECOM
shall be entitled to an equitable adjustment to the project schedule and compensation sufficient to compensate
AECOM for any increase in the time or costs necessary to perform the Services under this Agreement. Should
a Force Majeure Event substantially prevent or be reasonably likely to substantially prevent AECOM’s
performance of the Services for more than thirty (30) days, then AECOM shall be entitled to terminate this
Agreement without breach. In case of such termination, AECOM shall be entitled to compensation for those
Services performed as of the date of termination.
12. INSURANCE
12.1 AECOM will maintain the following insurance coverages and amounts:
12.1.1 Workers Compensation insurance as required by Law;
12.1.2 Employer’s Liability insurance with coverage of $1,000,000 each accident/employee;
12.1.3 Commercial General Liability insurance with coverage of $2,000,000 per
occurrence/aggregate;
12.1.4 Automobile Liability insurance with coverage of $1,000,000 combined single limit; and
City of Dubuque
U.S. Consulting Services Agreement (March 19, 2018)
Rev. May 11, 2020
Page 5 of 13
12.1.5 Professional Liability insurance with coverage of $2,000,000 per claim/aggregate.
13. INDEMNITY
13.1 AECOM agrees to indemnify Client, its officers, directors and employees, from third party claims of
loss or damage, exclusive of defense obligations, for bodily injury or property damage (“Claims”), to the
proportional extent caused by AECOM’s negligence or willful misconduct.
13.2 If the Services include AECOM’s performance during the construction phase of the Project, Client shall
require Client’s Contractors working on the Project Site to include AECOM, its directors, officers and
employees in any indemnity and in any insurance benefits that the Client requires such Contractors to provide
to the Client.
14. CONSEQUENTIAL DAMAGES WAIVER NOTWITHSTANDING ANY OTHER PROVISION TO THE
CONTRARY IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT
SHALL EITHER PARTY, ITS PARENTS, AFFILIATES AND SUBSIDIARIES OR THEIR RESPECTIVE
DIRECTORS OFFICERS OR EMPLOYEES BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE OR INTERRUPTION OF BUSINESS)
ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND AECOM HEREBY RELEASES CLIENT AND CLIENT HEREBY RELEASES AECOM
FROM ANY SUCH LIABILITY.
15. RISK ALLOCATION AND RESTRICTION OF REMEDIES THE PARTIES HAVE EVALUATED THE
RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE
RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. NOTWITHSTANDING ANY
OTHER PROVISION TO THE CONTRARY IN THIS AGREEMENT AND TO THE FULLEST EXTENT
PERMITTED BY LAW, CLIENT AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT
AGAINST AECOM, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE
DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, (“AECOM COVERED PARTIES”), SO
THAT THE TOTAL AGGREGATE LIABILITY OF THE AECOM COVERED PARTIES SHALL NOT EXCEED
$250,000 OR THE ACTUAL PAID COMPENSATION FOR THE SERVICES, WHICHEVER IS GREATER.
THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS
(INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO
THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS
IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF
THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW.
16. DISPUTES RESOLUTION
16.1 Either Party may initiate a dispute resolution by providing written notice to the other Party setting forth
the subject of the claim, dispute or controversy and the requested relief. The recipient of such notice shall
respond within 5 business days with a written statement of its position and a recommended solution to the
claim.
16.2 If the Parties cannot resolve the dispute through negotiation, either Party may refer the claim, dispute
or controversy to a panel (“Panel”) consisting of a designated senior representative from each Party
(“Representative”), who shall have the authority to resolve it. The Representatives shall not have been directly
involved in the Services and shall negotiate in good faith. No written or verbal representation made by either
Party in the course of any Panel proceeding or other settlement negotiations shall be deemed to be a Party’s
admission. If the representatives are unable to resolve the dispute within 15 business days, either Party may
pursue its respective legal and equitable remedies.
16.3 A Party’s failure to abide by the foregoing dispute resolution procedures prior to that Party’s filing of a
lawsuit shall result in the dismissal of said lawsuit until the provisions of Articles 16.1 and 16.2 have been met.
City of Dubuque
U.S. Consulting Services Agreement (March 19, 2018)
Rev. May 11, 2020
Page 6 of 13
17. GOVERNING LAW All contract issues and matters of law will be adjudicated in accordance with the
laws of the state where the Project is located, excluding any provisions or principles thereof which would
require the application of the laws of a different jurisdiction.
18. TERMINATION
18.1 This Agreement may be terminated for convenience by either Party upon 30 days advance written
notice. On termination, AECOM will be paid for all Services performed up through the termination date.
18.2 This Agreement may be terminated for cause by either Party if the other Party materially fails to
perform its obligations under this Agreement, does not commence correction of such non-performance within
10 business days of receipt of written notice and/or fails to diligently complete such correction thereafter. The
respective rights and obligations of the Parties predating such termination shall survive termination of this
Agreement.
19. ASSIGNMENT
19.1 Neither Party may assign this Agreement without the written consent of the other Party, which
unconcented-to assignment shall be void ab initio.
19.2 Notwithstanding Section 19.1 above, the Parties recognize that AECOM has affiliated companies who
have specialized expertise, necessary certifications/registrations or other capabilities that may make use of
such affiliates more suitable for the performance of all or part of the Services. AECOM shall be entitled without
additional consent to assign this Agreement or performance of the Services, in whole or in part, to any of
AECOM’s subsidiaries or affiliates upon written notice to Client.
20. PARTIES IN INTEREST Nothing in this Agreement, expressed or implied, is intended to confer on
any person or entity other than the Parties any right or remedy under or by reason of this Agreement. The
provisions of this Agreement shall bind and inure solely to the benefit of the Parties and their respective
successors and permitted assigns.
21. WAIVER Either Party may in writing waive any provisions of this Agreement to the extent such
provision is for the benefit of the waiving Party. No waiver by any Party of a breach of any provision of this
Agreement shall be construed to be a waiver of any subsequent or different breach.
22. SEVERABILITY AND SURVIVAL Articles 4 (Notice), 5 (AECOM’s Responsibilities), 6.2 (Reliance on
Data), 8 (Confidentiality), 9 (Data Rights), 12 (Insurance), 13 (Indemnity), 14 (Consequential Damages
Waiver), 15 (Risk Allocation), 16 (Disputes Resolution), 17 (Governing Law), 19 (Assignment), 20 (Parties in
Interest) and 22 (Survival) shall survive termination of this Agreement. To the extent any provision of this
Agreement violates any law, or is otherwise invalid or unenforceable, said provision shall be revised to the
limited extent necessary to make that provision legal and enforceable and, to the fullest extent permitted by
law, consistent with Parties’ original intent.
23. PREPARATION OF AGREEMENT Each Party has had the opportunity to avail itself of legal advice
and counsel. Neither Party shall be deemed to be the drafter or author of this Agreement. In the event this
Agreement is subject to interpretation or construction by a court of law or panel of arbitration, such court or
panel shall not construe this Agreement, or any portion hereof, against either Party as the drafter of this
Agreement.
24. SIGNATURES Each person executing this Agreement warrants that he/she has the necessary
authority to do so on behalf of the respective Party. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute a single
agreement.
25. ORDER OF PRECEDENCE
Executed Change Orders
Consulting Services Agreement Article 26
City of Dubuque
U.S. Consulting Services Agreement (March 19, 2018)
Rev. May 11, 2020
Page 7 of 13
Consulting Services Agreement Articles 1 through 25 and 27
EXHIBIT B Compensation and Payment
EXHIBIT A Services
Other contract documents
26.SPECIAL TERMS AND CONDITIONS
None
27.ENTIRE AGREEMENT This Agreement contains all of the promises, representations and
understandings of the Parties and supersedes any previous understandings, commitments, proposals or
agreements, whether oral or written. This Agreement shall not be altered, changed, or amended except as
set forth in a written amendment to this Agreement, duly executed by both Parties. The attached EXHIBIT C
(“Change Order”), incorporated herein by reference, is the preferred form for such use.
AECOM TECHNICAL SERVICES, INC. CLIENT: CITY OF DUBUQUE
Signature
Michelle Sweeney, PE, PTOE
Signature
Michael C. Van Milligen
Printed Name
Associate Vice President
Printed Name
City Manager
Printed Title Printed Title
50 W 13th Street, Dubuque, IA 52001
Date Address
(End of page)
5/13/2026
City of Dubuque
U.S. Consulting Services Agreement (March 19, 2018)
Rev. May 11, 2020
Page 8 of 13
EXHIBIT A
SERVICES
Services:
Scope of Services Attached
Schedule:
May 15, 2026 – Return Fully Completed Initial Application Template
May 22, 2026 – BCA/Cost-Effectiveness Determination (Go/No-Go)
June 19, 2026 – Sub-application Draft Due in FEMA GO
July 15, 2026 – Competitive Final Draft Due in FEMA GO
Deliverables:
Benefit Cost Analysis Technical Memorandum
AECOM Project Manager
Name Mark Durbahn, PE, MBA
Title Project Manager
Address 501 Sycamore Street, Suite 222, Waterloo, IA 50701
Phone Number 319-232-1742
Email Address mark.durbahn@aecom.com
Client Project Manager
Name Robert D. Schiesl, PE
Title Assistant City Engineer
Address 50 W 13th Street, Dubuque, IA 52001
Phone Number 563-589-4270
Email Address bschiesl@cityofdubuque.org
(End of page)
City of Dubuque
U.S. Consulting Services Agreement (March 19, 2018)
Rev. May 11, 2020
Page 9 of 13
EXHIBIT B
COMPENSATION AND PAYMENT
1 COMPENSATION The Services set forth in EXHIBIT A will be compensated on the following basis:
[ ] Advance retainer of [$ ___] The advance retainer is to be applied to the final invoice. Any remainder
will be returned to Client within 30 days of receipt of final payment.
[ ] Time & Material - See Section 2.1 for Hourly Labor Rates
[ ] Time and Materials with a Not-to-Exceed (“NTE”) amount of ($ ___). The Hourly Labor Rates (if
applicable) are as in Section 2.1 below. Reimbursable expenses are included in the overall NTE cap.
[ ] Lump Sum [$]:
Milestone/Deliverable & Date Payment Amount
$
[ ] Cost Plus Fixed Fee: [Cost $ and Fee $ ]
[X ] Other:
Compensation for the services shall be on an hourly basis in accordance with the
hourly fees and other direct expenses in effect at the time the services are performed.
Total compensation is an estimated fee of Thirty-Six Thousand Nine Hundred Dollars
($36,900.00) and shall not be exceeded without authorization from the Client.
2. RATE SCHEDULE Compensation shall be based on the following Hourly Labor Rate Schedule:
2.1 HOURLY LABOR RATE SCHEDULE
INTENTIONALLY OMITTED $
$
$
$
$
$
$
$
$
$
$
$
2.2 OTHER HOURLY LABOR RATE CATAGORIES If additional labor categories are authorized during
the performance of this Agreement, compensation for each additional category will be negotiated at the time
the additional Services are authorized.
City of Dubuque
U.S. Consulting Services Agreement (March 19, 2018)
Rev. May 11, 2020
Page 10 of 13
2.3 ANNUAL HOURLY LABOR RATE ADJUSTMENTS The Hourly Labor Rate Schedule is adjusted
each calendar year to reflect updated labor cost categories. Labor cost of Services authorized in subsequent
calendar years will be based on the applicable Hourly Labor Rate Schedule for those years.
3.REIMBURSEABLE EXPENSES Reimbursable expenses are expenditures made by AECOM for
goods, travel expenses and vendor services in support of the performance of the Services. Such expenditures
will be billed at the actual cost to AECOM.
4.CHANGE ORDERS The Parties may at any time and by written agreement make changes in the
Services, Project Schedule, Deliverables, Compensation or other terms and conditions in this Agreement. The
Parties shall effect such change through the use of a written Change Order. EXHIBIT C is the preferred form
for such use.
5.INVOICING AECOM will invoice Client on a monthly basis unless otherwise set forth herein.
6 PAYMENT
6.1 If payment is based on Time and Materials with a NTE, once AECOM reaches the NTE, AECOM will
stop further Services pending a Change Order to adjust the budget and schedule for the continued
performance of the Services.
6.2 Timely payment is a material term of this Agreement. Client shall pay all undisputed portions of
AECOM’s invoices within 30 days of receipt without holdback or retention. Client shall notify AECOM within
fourteen (14) days of the receipt of the invoice of any disputed items. Such notice must be accompanied by a
detailed description of any disputed items and include supporting documentation as well as references to the
provision(s) of this Agreement which permit a holdback or retention. If such notice is not provided within
fourteen (14) days, Client waives its rights to dispute the invoice Undisputed amounts remaining unpaid 30
days after the invoice date shall bear interest at the rate of 1.5% per month on the unpaid balance and AECOM
may suspend the Services pending receipt of such payment. In addition, AECOM retains its unrestricted rights
under Article 18 (Termination) of the Agreement.
6.3 If the Project is suspended by Client for more than 30 days, AECOM shall be paid for all Services
performed prior to the effective date of suspension within 30 days of such suspension. Upon resumption of
the Project, AECOM shall be entitled to an equitable adjustment in cost and schedule to compensate AECOM
for expenses incurred as a result of the interruption and resumption of the Services.
6.4 To the extent that completion of the Services is delayed beyond the original scheduled completion
date and such delay is not the fault of AECOM, an equitable adjustment shall be made to AECOM’s
Compensation and Project Schedule.
6.5 Except as otherwise specifically provided herein, Client shall pay or reimburse AECOM, as
appropriate, for all categories of taxes other than income tax, including without limitation, sales, consumer,
use, value added, gross receipts, privilege, and local license taxes related to the Services.
6.6 Client shall make payments to AECOM using one of the following methods:
6.6.1 AECOM LOCKBOX:
AECOM Technical Services, Inc.
1178 Paysphere Circle
Chicago, IL 60674
6.6.2 ELECTRONIC FUNDS TRANSFER/ACH PAYMENT:
Account Name: AECOM Technical Services, Inc.
Bank Name: Bank of America
Address1: Building D
Address2: 2000 Clayton Road
City of Dubuque
U.S. Consulting Services Agreement (March 19, 2018)
Rev. May 11, 2020
Page 11 of 13
City/State/Zip: Concord, CA 94520-2425
Account Number: 5800937020
ABA Routing Number: 071000039
6.6.3 WIRE TRANSFER:
Account Name: AECOM Technical Services, Inc.
Bank Name: Bank of America
Address: 100 West 33rd St
City/State/Zip: New York, NY 10001
Account Number: 5800937020
ABA Routing Number: 026009593
SWIFT Code: BOFAUS3N
6.6.4 Questions related to payment can be sent to:
AECOM Cash Applications Supervisor by phone at (804) 515-8490 or by email at
cashappsremittance@aecom.com
(End of page)
Client’s Name
Date
U.S. Consulting Services Agreement (March 19, 2018)
Rev. May 11, 2020
Page 12 of 13
AECOM Project Name: _______________
AECOM Project No.: _______________
Change Order No.: _______________
EXHIBIT C
SAMPLE CHANGE ORDER FORM
In accordance with the Consulting Services Agreement dated ____ 20___ between AECOM Technical
Services, Inc., a California corporation, (“AECOM”), this Change Order, with an effective date of _______,
20______ modifies that Agreement as follows:
1. Changes to the Services:
2. Change to Deliverables:
3. Change in Project Schedule (attach schedule if appropriate):
4. Change in CONSULTANT’s Compensation:
The Services set forth in this Change Order will be compensated on the following basis:
[ ] No change to Compensation
[ ] Time & Material (See Exhibit B for the Hourly Labor Rate Schedule)
[ ] Time and Materials with a Not- to-Exceed amount of ($). The Hourly Labor Rate Schedule is set forth
in EXHIBIT B (if applicable). Reimbursable expenses are included in the overall Not to Exceed cap.
[ ] Lump Sum [$]
Milestone/Deliverable & Date Payment Amount
$
[ ] Cost Plus Fixed Fee: [Cost $ and Fee $]
Therefore, the total authorized Compensation, inclusive of this Change Order is $.
5. Project Impact:
6. Other Changes (including terms and conditions):
Client’s Name
Date
U.S. Consulting Services Agreement (March 19, 2018)
Rev. May 11, 2020
Page 13 of 13
7. All other terms and conditions of the Agreement remain unchanged.
8. Each Party represents that the person executing this Change Order has the necessary legal authority to
do so on behalf of the respective Party.
AECOM Technical Services, Inc.
CLIENT:
____________________________________
Signature
Signature
Printed Name Printed Name
Printed Title Printed Title
Date Date
Address
____________________________________
____________________________________
Address
____________________________________
____________________________________
[End of Agreement]
FY 2024 & 25 BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES (BRIC)
FUNDING OPPORTUNITY NUMBER: DHS-25-MT-047-00-98
ASSISTANCE LISTING NUMBER: 97.047
CITY OF DUBUQUE, IOWA
SCOPE OF SERVICES
1. Project Description
The City of Dubuque is seeking a Department of Homeland Security (DHS) Building Resilient
Infrastructure and Communities (BRIC) Grant based on the Notice of Funding Opportunity
(NOFO), Assistance Listing # 97.047. The proposed project is to reduce flooding on 17th Street
and West Locust Street. The proposed roadway and storm sewer improvements on 17th Street
and West Locust Street are identified in Phase 12 of the overall Bee Branch Watershed Flood
Mitigation Project. Access to higher land is available on 17th Street and West Locust Street in
Dubuque. Already, a portion of 17th Street has been upgraded with increased stormwater
conveyance between its eastern terminus east of Elm Street to Heeb Street. The project is
broken into sections as described below.
Section A – Installation of an 8-foot diameter pipe under the Canadian Pacific Kansas City
railroad tracks at 17th Street. This infrastructure will safely convey stormwater from the sub-
watershed to the restored Lower Bee Branch Creek, safeguarding freight movement and an
electrical substation.
Section B – The construction of a new large-diameter concrete storm sewer on 17th Street from
Heeb Street to West Locust Street, continuing up West Locust Street to Kirkwood Street.
Additional high-capacity storm drains will be installed. The project will require total street and
sidewalk reconstruction, as well as the relocation of underground utilities. Pervious pavers in the
parking areas and nature-based solutions (e.g., street trees) will also be incorporated.
2. Scope of Services
AECOM will provide assistance in the preparation of the BRIC Grant Application. Assistance will
include the development of preliminary plans, figures and mapping, project narrative, benefit cost
analysis, FEMA GO Input assistance, and project administration.
Benefit / Cost Analysis (Tasks 1-5). These tasks include the analysis of the various storm
events and determine the damages of these events compared to the overall cost of the proposed
infrastructure improvement. An economic analysis will be performed that matches the criteria
described in the NOFO.
Task 1 – Gather Data
Task 2 – Perform FEMA BCA Analysis
Task 3 – Prepare BCA Tech Memo
Task 4 – Meetings / Coordination
Task 5 – State Comment Response
Project Administration (Tasks 6-7). These tasks include project administration and
coordination throughout the project development.
Task 6 – Project Administration
Task 7 - Quality Control
L:\Secure_DCS\Administration\AGREE\Draft Scopes\2026\Dubuque BRIC 17th Street (Scope).docx
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AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF DUBUQUE
AND
THE EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION
This Agreement (“Agreement”), dated for reference purposes the 1st day of June, 2026
is entered into by and between the East Central Intergovernmental Association (“ECIA”)
and the City of Dubuque, (“the City”) requesting ECIA’s assistance in connection with
updates to EPA’s online database known as Assessment, Cleanup and Redevelopment
Exchange System (“ACRES”).
TERMS. This Agreement carries out the following terms.
SECTION 1. SCOPE OF SERVICES
ECIA in its role as a council of government provides support as needed to municipalities
within the region ECIA services, including the City of Dubuque. ECIA will provide and
perform the necessary services set forth in the Scope of Services (Attachment A) on an
as needed basis to City with regard to EPA ACRES Update Assistance. If the Scope of
Services exceeds those services listed in Attachment A for any reason, it may be
necessary to adjust the project cost by mutual agreement. ECIA staff assigned to this
Agreement agree to communicate with City on an as needed basis throughout the
Agreement period to review progress and performance on the activities listed in the Scope
of Services.
SECTION 2. TIME OF PERFORMANCE
ECIA will commence performance under this Agreement beginning June 1, 2026, and
continuing through December 31, 2026. The Agreement can be extended upon mutual
written agreement by both parties.
SECTION 3. METHOD OF PAYMENT AND HOURS WORKED
ECIA staff will perform services only as requested by City and will only bill for services as
performed using actual cost rates and hours incurred for activities outlined in the Scope
of Services, not to exceed $43,120. The Agreement can be amended if City needs
additional services more than the amount as set forth above. ECIA will invoice City on
the last business day of each month, beginning June 1, 2026 for services rendered during
that calendar month. Payment is due upon receipt of each invoice. The number of hours
per month are expected to fluctuate depending on the services requested by City.
SECTION 4. PERSONNEL
ECIA represents that it currently employs or will acquire as needed during the
performance of this Agreement all personnel necessary for the timely and successful
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performance of this Agreement. The personnel, whether existing or newly acquired, are
ECIA employees and will remain ECIA employees regardless of any work or services
such employees perform in connection with the project. Nothing contained in this
Agreement shall be construed as creating any agency, partnership, joint venture or other
form of employment or fiduciary relationship between the Parties .
SECTION 5. PROPERTY
ECIA is responsible to acquire or use existing property, real or personal, as it deems
necessary in the performance of work under this Agreement.
SECTION 6. TERMINATION BY THE CITY OF DUBUQUE
6.1. The City may, by thirty (30) days written notice to ECIA, terminate this Agreement
in whole or in part at any time:
a) For City's convenience,
b) For the failure of ECIA to fulfill its obligations under the Agreement, or
c) As the funding source for the Agreement ceases to exist.
Upon receipt of such notice, ECIA will: (1) immediately discontinue all services affected
(unless the notice directs otherwise), and (2) within thirty (30) calendar days of receiving
the termination notice deliver to the City all data, files, and any other materials related to
the project and ECIA’s performance of this Agreement.
6.2. If City elects to terminate this Agreement for convenience, ECIA will be paid the
amount due and owing up to and including the date work was discontinued. If the date
of termination does not fall on the last business day of a month, the services for that
month will be prorated based on the date of termination and the monthly invoice amount.
6.3. If City elects to terminate this Agreement pursuant to 6.1(b), upon receipt of written
notice of termination from City, ECIA will have ten (10) days to cure any breach cited by
the City in its notice of termination to the satisfaction of City in its sole discretion. If City
deems any such breach cured, it must notify ECIA in writing that ECIA’s efforts to cure
are acceptable and that performance under this Agreement will continue.
SECTION 7. TERMINATION BY ECIA
7.1 ECIA may terminate this Agreement by thirty (30) days written notice to City for the
following reasons:
1. Both parties agree a continuation of this Agreement will not be in the best
interests of City.
2. ECIA ceases to exist, or it is restricted or prohibited by its governmental
authorities from continuing to provide services under this Agreement.
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7.2 If the ECIA elects to terminate this Agreement, ECIA will be paid the amount due
and owing up to and including the date work was discontinued. If the date of termination
does not fall on the last business day of a month, the services for that month will be
prorated based on the date of termination and the monthly invoice amount.
SECTION 8. POLITICAL ACTIVITY
No portion of City’s payment to ECIA may be used for any partisan political activity or to
further the election or defeat of any candidate for public office, or to further the election
or defeat of any cause subject to public vote.
SECTION 9. MISCELLANEOUS
9.1. Force Majeure. In the event that ECIA is delayed or hindered in or prevented from
the performance of any act by an occurrence beyond the reasonable control of ECIA and
without its fault or negligence, including but not limited to strikes, lockouts, labor troubles,
unavailability or excessive price of fuel, power failure, riots, insurrection, war, terrorist
activities, chemical explosions, hazardous condition, fire, weather, or acts of God, then
performance of any such act will be extended for a period equivalent to the period of such
delay.
9.2. Entire Agreement. This Agreement constitutes the entire Agreement of the Parties
and supersedes all prior agreements.
9.3. Modifications. This Agreement may not be modified, except in writing, signed by
ECIA and City.
9.4. Applicable Law and Venue. This Agreement is governed by the laws of the State
of Iowa and exclusive venue for any action with respect to this Agreement is the District
Court of Dubuque County, Iowa.
9.5. Authority. City and ECIA represent that each, respectively, has full right, power
and authority to execute this Agreement.
9.6. Severability. If any term of this Agreement is found to be void or invalid, such
invalidity will not affect the remaining terms of this Agreement, which will continue in full
force and effect.
9.7. Consent or Approval. In any case where the approval or consent of City or ECIA
is required or requested under this Agreement, such party shall not unreasonably delay
or otherwise withhold its approval or consent.
9.8. Notices. All notices and correspondence related to this Agreement shall be sent
to the following points of contact:
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ECIA: Mae Hingtgen
Executive Director
East Central Intergovernmental Association
7600 Commerce Park, Dubuque, Iowa 52002
563.690.5700
mhingtgen@ecia.org
City: Jill Connors
Economic Development Director
City of Dubuque
1300 Main Street
Dubuque, IA 52001
563.589.4393
jilconno@cityofdubuque.org
9.9. Indemnification. Each Party, as the “Indemnifying Party,” shall indemnify, defend
and hold harmless the other Party and its affiliates, officers, directors, employees, agents,
successors and permitted assigns (each, an “Indemnified Party”) from and against any
and all losses, damages, liabilities, judgments, settlements, interest, awards, penalties,
fines, costs or expenses of whatever kind, including reasonable attorneys’ fees (each a
“Loss”), incurred by the Indemnified Party in connection with any claim, action, cause of
action, demand, lawsuit, arbitration, proceeding or litigation, of any nature (each an
“Action”) by a third party (other than an affiliate of an Indemnified Party) caused by the
Indemnifying Party’s performance of its obligations under this Agreement, unless such
Loss arises from the Indemnified Party’s own negligence or intentional act or omission.
The Indemnified Party shall promptly notify the Indemnifying Party of any such claim and
reasonably cooperate with the Indemnifying Party in defense of such claims at the
Indemnifying Party’s expense.
9.10. Counterparts. This Agreement may be executed in counterparts, each of which is
deemed an original, but all of which together are deemed to be one and the same
agreement. A signed copy of this Agreement delivered by E -mail or other comparable
means of electronic transmission is deemed to have the same legal effect as delivery of
an original signed copy of this Agreement.
9.11 Insurance. ECIA shall provide insurance as described in the attached Exhibit B.
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City of Dubuque East Central Intergovernmental
Association
By: By:
Michael C. Van Milligen, City Manager Mae Hingtgen, ECIA Executive
Director
Attest: Attest:
Trish L. Gleason, Assistant City Clerk Chelle Klootwyk, Administrative
Assistant
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Attachment A - Scope of Services
East Central Intergovernmental Association (ECIA)
City of Dubuque
The City of Dubuque has requested ECIA’s assistance in updating the Property Profile
records for sites included in EPA’s ACRES online database. ACRES (Assessment, Cleanup
and Redevelopment Exchange System) is EPA’s primary system for tracking brownfields
grant activity, expenditures, and outcomes. Maintaining current information is a condition of
grant compliance and is essential for documenting environmental and economic progress,
supporting reimbursement requests, and meeting federal audit expectations.
Scope of Services
Under this service agreement, ECIA agrees to assist the City as needed with the following
services as part of this agreement:
• ECIA will provide assistance and support to the City’s Economic Development
Director through a one-time, comprehensive update of the City’s 56 ACRES records.
Due to recent modifications and expansion of fields within the ACRES system by
EPA, ECIA will conduct a thorough review of all existing Property Profiles.
• This process will include verifying current information in ACRES, coordinating with
City staff to confirm site activities since the last update, conducting supplemental
research as needed, and preparing revised entries for City review prior to final
submission to EPA.
As part of this effort, ECIA will review and update the existing 56 Property Profile records
maintained in ACRES under the City’s Cooperative Agreements with EPA. Upon
completion, ECIA will provide the City with a summary of updates made to each record.
Assumptions:
• The City will be responsible for ongoing updates once this one-time update is
completed
• City may utilize ECIA for some, all or none of the services above. The City may elect to
have its staff perform any or all of these services and will utilize ECIA as needed.
• ECIA will bill at the hourly billable rate of $101 and will utilize the IRS mileage rate for
any required travel as part of this agreement.
• Total amount ECIA may charge the City will not exceed $43,120.
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05272026bal
EXHIBIT B
INSURANCE SCHEDULE J
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05272026bal
CITY OF DUBUQUE INSURANCE SCHEDULE J
1. ECIA shall furnish a signed certificate of insurance to the City of Dubuque, Iowa, for the coverage required in
Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days.
Contractors presenting annual certificates shall present a certificate at the end of each project with the final
billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa
Department of Insurance or an equivalent approved by the Chief Financial Officer. Each certificate shall
include a statement under Description of Operations as to why the certificate was issued. Eg: Project
ACRES Reporting.
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and
all insurers shall have a rating of A or better in the current A.M. Best’s Rating Guide.
3. Each certificate shall be furnished to the Finance Department, 50 West 13th Street, Dubuque, Iowa 52001.
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 certificate of insurance. The certificate is due before the
contract/agreement can be approved.
7. Whenever a specific ISO form is listed, the current edition of the form must be used, or an equivalent form
may be substituted if approved by the Chief Financial Officer and subject to the contractor identifying and
listing in writing all deviations and exclusions from the ISO form.
8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other
legal agreement, in Exhibit I. If the contractor’s limits of liability are higher than the required minimum limits
then the provider’s limits shall be this agreement’s required limits.
9. Contractor shall be responsible for deductibles and self-insured retention for payment of all policy premiums
and other cost associated with the insurance policies required below.
10. All certificates of insurance must include agents name, phone number, and email address.
11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance
policies, including endorsements, required by this Schedule at any time.
12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in
the risk, or other special circumstances during the term of the agreement, subject to mutual agreement of
the parties.
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05272026bal
CITY OF DUBUQUE 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 from BP
00 02. All deviations from the standard ISO commercial general liability form C G 00 01,
or business owners from 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, Iowa
52001.
B. AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned, and hired vehicles. If the Contractor’s
business does not own any vehicles, coverage is required on non-owned and hired vehicles.
1) Policy shall include Waiver of Right to Recover from Others Endorsement
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05272026bal
CITY OF DUBUQUE INSURANCE SCHEDULE J
(continued)
C. WORKERS’ COMPENSATION & EMPLOYERS LIABILITY
Statutory benefits covering all employees injured on the job by accident or disease as prescribed by
Iowa Code Chapter 85 as amended.
Coverage A Statutory – State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee - Disease $100,000
Policy Limit – Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the Umbrella/Excess Insurer.
OR
If, by Iowa Code Section 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 Iowa Workers’ Compensation Insurance
Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached.
D. UMBRELLA/EXCESS LIABILITY $1,000,000
The General Liability, Automobile Liability, and Employer’s Liability Insurance requirements may be
satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or
Excess Insurance policy does not follow the form of the primary policies, it shall include the same
endorsements as required of the primary policies, including, but not limited to, Waiver of
Subrogation and Primary Non-Contributory in favor of the City of Dubuque, the Dubuque Regional
Airport, and the Dubuque Regional Airport Commission.
E. PROFESSIONAL LIABILITY $1,000,000
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.
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05272026bal
CITY OF DUBUQUE INSURANCE SCHEDULE J
(continued)
F. CYBER LIABILITY/BREACH $1,000,000
_____ Yes _x____ No
Coverage for First and Third-Party Breach Liability, including but not limited to lost data and
restoration, loss of income and cyber breach of information.
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05272026bal
CITY OF DUBUQUE SCHEDULE J
(continued)
Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain
immunities which may be available to you. Naming the City of Dubuque an additional
insured on your insurance as is requested by this insurance schedule may result in your
waiver of those immunities. If you would like to preserve those immunities, please use this
endorsement or an equivalent form. The preservation of immunities is for your benefit.
PRESERVATION OF GOVERNMENTAL IMMUNITIES
ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the
purchase of this policy and the including of the City of Dubuque, Iowa, as an additional
insured does not waive any of the defenses of governmental immunity available to the
City of Dubuque, Iowa under Code of Iowa Section 670.4 as it 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
Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those
claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and
conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa, shall be responsible for
asserting any defense of governmental immunity, and may do so at any time and shall
do so upon the timely written request of the insurer.
4. Non-Denial of Coverage. The insurer shall not deny coverage under this policy and the
insurer shall not deny any of the rights and benefits accruing to the City of Dubuque,
Iowa, under this policy for reasons of governmental immunity unless and until a court of
competent jurisdiction has ruled in favor of the defense(s) of governmental immunity
asserted by the City of Dubuque, Iowa.
5. No Other Change in Policy. The above preservation of governmental immunities shall
not otherwise change or alter the coverage available under the policy.
SPECIMEN
Client Offer – TSYS v1.2025 Page 1 of 1 CONFIDENTIAL
CLIENT SATISFACTION OFFER
Merchant Name or DBA Name: COD - JULE TRANSIT, COD - PASSPORT PARKING (“Merchant”)
Merchant ID(s): 39300981813982, 39300981048597 (“MID” or “MIDs”)
Date: 4/10/2026
TSYS MERCHANT SOLUTIONS, LLC (“Global Payments”), values its merchant clients and strives to create mutually
beneficial, long-term relationships with them. To that end, Global Payments offers you, the Merchant, the following
terms. Accepting this offer will modify your Application for Merchant Card Processing (“Application”) and Merchant
Card Processing Agreement (the Application and the Card Processing Agreement are collectively referred to as the
“Agreement”) with Global Payments so that the rate and fees provided for in the Fee Schedule of the Application are
amended in accordance with the adjustments listed below (the “Amended Rates”). Capitalized terms not defined
herein shall have the meaning given in the Agreement.
Amended Rates
Structure Change
Discount Rate All Card types 0.50% Per item $0.00
Auth Transactions All Card Types $0.13 AMEX $0.13 Debit $0.13
Settlement Funding Fee 0.25%
Contract Term
The Amended Rates will become effective on the first day of the calendar month of the Effective Date so long as this
Client Satisfaction Offer is executed and received by Global Payments by the 10th of the calendar month, otherwise the
Amended Rates will be effective on the first day of the calendar month following the Effective Date. The Amended Rates
remain subject to change as per the terms and conditions of the Agreement. All fees, rates, charges and other terms not
otherwise revised per this Client Satisfaction Offer remain in full force and effect.
Merchant agrees to extend the term of the Agreement for 36 months from the last date of execution below (the
“Effective Date”). This time period will be referred to as the “Extended Term”. At the expiration of the Extended
Term, the Agreement will automatically renew as per the terms of the Agreement for successive one-year periods (each
a “Renewal Term”, and collectively with the Initial Term and the Extended Term, the “Term”).
Merchant agrees to pay an account closure fee of $500 per terminating MID upon early termination of the Agreement,
or such portion of the foregoing as may be permitted by applicable law.
All other terms and conditions of the Agreement remain unchanged. This Client Satisfaction Offer and the details
contained herein are confidential and may not be disclosed, displayed, or otherwise transmitted to any third party
except to attorneys, accountants or other professional advisers as may be necessary to effect the purposes of this letter
between the parties. By signing below, each party acknowledges that it has carefully read and fully understood this
amendment, and each agrees to be bound by the terms of this amendment.
TSYS MERCHANT SOLUTIONS, LLC COD - JULE TRANSIT, COD - PASSPORT PARKING
Signed By:_____________________________________________________ Signed By: ______________________________________________________
Name: _________________________________________________________ Name: __________________________________________________________
Title: __________________________________________________________ Title: ____________________________________________________________
Date: ________________ Date: ____________________________________________________________
Michael C. Van Milligen
City Manager
06/02/2026
TO: Michael C. Van Milligen, City Manager
FROM: Justin Hogan, Facilities Manager
DATE: June 2, 2026
RE: Federal Building – Installation of Electronic Strikes
Attached is the short Form Public Improvement Contract between the City of
Dubuque and Opening Specialists of Dubuque, IA for the installation of electronic
strikes for the exterior doors to the lobby of the Historic Federal Building.
Funding will come from 5565000009 (city Facility Security Upgrade)
It would be appreciated if you would execute the attached document related to this
project. Please return it to the Engineering office for further processing.
Attach.
cc: Kerry Bradley, Eng. Dept.
06/02/2026
Federal Building - Council Conference Door.
SITE ACCESS AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
KINSETH HOSPITALITY COMPANY, INC.
This Agreement, dated for reference purposes, the /sr-
day of June, 2026, by and
between the City of Dubuque, Iowa, an Iowa municipal corporation (City), and Kinseth
Hospitality Company, Inc., an Iowa corporation (Developer).
WHEREAS, City is the owner of the real estate shown on Exhibit B (the Site),
attached hereto, which is being considered for a Development Project by City and
Developer; and
WHEREAS, Developer desires access to the Site prior to entering into a
Development Agreement for purposes of site analysis, excavation and grading; and
WHEREAS, City desires to allow Developer access to the Site for such purposes
prior to the closing subject to the conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. ACCESS TO SITE. City hereby grants to Developer, its counsel,
accountants, agents and representatives full and continuing access to the Site and all
parts thereof, upon reasonable notice to City, and at Developer's sole expense, for site
analysis, excavation and installation of footings and such other work as City and
Developer shall agree in writing is appropriate.
SECTION 2. RESTORATION OF SITE. Developer acknowledges that any site
preparation or other work performed by Developer is at Developer's sole risk. Developer
agrees to timely pay and discharge all claims of any kind by its contractors, subcontractors
and suppliers with respect to any work performed on the Site, including but not limited to
claims for labor or material furnished in connection therewith, and to defend, indemnify
and hold harmless City from and against any and all such claims. In the event that the
City Council does not approve the Agreement for any reason at the July 20, 2026 City
Council meeting, (or as may be mutually extended by the parties), Developer shall, at the
City's option, restore the Site at Developer's sole expense but not later than September
30, 2026 (or as may be mutually extended by the parties), and this Agreement shall then
terminate. For the purposes of this Agreement, the term "restore the Site" means
removing any and all structures that may have been constructed on the Site, replacing
any removed roadway structures, filling any holes on the Site to adjoining grade level and
seeding the Site. In the event Developer fails to restore the Site by such date, City will
have the Site restored and Developer shall reimburse City for all costs of restoration within
thirty days of receipt of a statement from City for such costs. This obligation shall survive
the termination of this Agreement.
05292026ba1
SECTION 3. CONDITION OF THE SITE.
3.1 City makes no warranty or representation as to the condition of the Site. Developer
acknowledges that any work performed by Developer and/or its consultant(s) at the Site
is at its sole risk. Developer shall ensure that all work at the Site is done in accordance
with all applicable laws and permits and in a good worker-like manner. Developer and its
consultants shall daily leave the Site in a condition no less safe than before the work was
conducted. Developer and its consultant(s) are solely responsible for obtaining any and
all permits required for the work to be conducted at the Site. No hazardous chemicals
and wastes may be stored or disposed of on the Site and all such materials must be used
only as allowed by law. Developer shall be responsible for identifying any and all utilities
serving the Site prior to conducting invasive work on the Site.
3.2 City has provided Developer with certain information in its possession regarding
the environmental condition of the Site. Developer shall conduct work at the Site under
this Agreement, taking due precautions to prevent exacerbation or expansion of any
existing condition.
SECTION 4. SHARING OF INFORMATION. Developer shall provide City with copies of
any and all reports and documents resulting from the work conducted at the Site upon the
request of the City. In the event such information is confidential, it shall be managed by
the parties pursuant to a separate Confidentiality Agreement. Developer and/or its
consultant(s) shall notify the City immediately upon discovery of any hazardous or unsafe
condition at the Site.
SECTION 5. INDEMNIFICATION. Developer shall defend, indemnify and hold
harmless City, its officers, agents and employees from and against any claim and cost of
any kind, including without limitation, attorneys' fees and consulting fees, arising out any
work at the Site by or on behalf of Developer and its consultants. This obligation shall
survive the termination of this Agreement.
SECTION 6. INSURANCE. Developer shall at all times while performing site analysis,
excavation and installation of footings and all other work pursuant to this Agreement
provide insurance as set forth in the attached Insurance Schedule.
CITY OF DUBUQUE, IOWA DEVELOPER
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INSURANCE SCHEDULE A
City of Dubuque insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees
CITY- INSURANCE SCHEDULE A
1. Lessee shall furnish a signed certificate of insurance to the City of Dubuque for the coverage required in
Exhibit I prior to the lease, license,or permit commencement. All lessees of City property and right of way
licensees or permittees shall submit an updated certificate annually. Each certificate shall be prepared on
the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate
shall include a statement under Description of Operations as to why the certificate was issued. Lease
Agreement dated _
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and
all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be furnished to: City of Dubuque, Finance Department, 50 W. 13`"Street, Dubuque,
Iowa, 52001.
4. The lessee, licensee, or permittee shall be required to carry the minimum coverage/limits,or greater if
required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage
shall not be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of the lease,
license,or permit.
B. 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 Chief Financial Officer. The lessee, licensee,or permittee must identify
and list in writing all deviations and exclusions from the ISO form.
8. If lessee's, licensee's, or permittee's limits of liability are higher than the required minimum limits then the
lessee's, licensee's, or permittee's limits shall be this agreement's required limits.
9. Lessee, licensee,or permittee shall require all subcontractors and subcontractors to obtain and maintain
during the performance of work insurance for the coverages described in this Insurance Schedule and shall
obtain certificates of insurance from all such subcontractors and sub-subcontractors. Lessee, licensee, or
permittee agrees that it shalt 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 lessee,
licensee,or permittee.
10. Lessee, license,and permittees shall be responsible for deductibles and 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 the agent's name, phone number, and email address.
12. The City of Dubuque reserves the right to require complete,certified copies of all required insurance
policies, including endorsements, required by this Schedule at any time.
13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in
risk or other special circumstances during the term of the agreement,subject to written mutual agreement
attached hereto.
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees
INSURANCE SCHEDULE A(continued)
EXHIBIT I
A. COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $ 50,000
Medical Payments $ 5,000
1) Coverage shall be written on an occurrence, not claims made,form. The general Liability coverage
shall be written in accord with ISO form CG 00 01 or business owners from BP 00 02. All deviations
from the standard ISO commercial general liability form CG 00 01,or business owners form BP
0002,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 noncontributory.
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 shalt 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,50th W. 13th Street, Dubuque, Iowa,52001.
B. WORKERS'COMPENSATION&EMPLOYERS LIABILITY
Statutory benefits covering all employees injured on the job by accident or disease as prescribed by Iowa
Code Chapter 85.
Coverage A Statutory—State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit—Disease $500,000
Policy shall include Waiver of right to Recover from Others Endorsement.
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees
INSURANCE SCHEDULE A
(continued)
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by Iowa 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 Iowa Workers'Compensation
Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached.
C. AUTOMOBILE LIABILITY
Coverage Required: Yes _No
Combined Single Limit $1,000,000
Coverage shalt include all owned, non-owned, and hired vehicles. If permittees do not own any vehicles,
coverage is required on non-owned and hired vehicles.
1) Policy shall include Waiver of Right to Recover from Others Endorsement.
D. 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 $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials,all its employees and
volunteers,all its boards,commissions and/or authorities and their board members,
employees and volunteers. Use ISO from GC 20 10(ongoing operations)or its equivalent
and CG 20 37(completed operations)or its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
5) Include endorsement indicating that coverage is primary and non-contributory.
6) Policy shall include Waiver of Right to Recovery from Others Endorsement.
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees
INSURANCE SCHEDULE
(continued)
E. PROPERTY INSURANCE REQUIRED BY LEASE,LICENSE, OR PERMIT
Yes No
Amount$
Include the City of Dubuque as Lendor Loss Payable.
F. RIGHT-OF-WAY WORK ONLY:
UMBRELLA/EXCESS $1,000,000
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.
G. FLOOD INSURANCE:
Yes _ _ No
If Required Coverage: $_
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees
Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities
which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as
is requested by this Insurance Schedule may result in your waiver of those immunities. if you would like to
preserve those immunities, please use this endorsement or an equivalent form. The preservation of
immunities is for your benefit.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of
this policy and the including of the City of Dubuque, Iowa,as an additional insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it 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 Iowa Section 670.4 as it now
exists and as it may be amended from time to time.Those claims not subject to Code of Iowa Section
670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity.City of Dubuque, Iowa shall be responsible for asserting any
defense of governmental immunity,and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non-Denial of Coverage.The insurer shall not deny coverage under this policy and the insurer shall not
deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons
of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the
defense(s)of governmental immunity asserted by the City of Dubuque, Iowa.
5. No Other Change in Policy.The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
6/5/26
Michael C. Van Milligen 06/08/2026
City Manager
Michael C. Van Milligen, City Manager
TheVALENTINE0684@gmail06/08/2026
1
AMENDMENT
This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as
indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc. with offices at
One Tyler Drive, Yarmouth, Maine 04096 (“Tyler”) and the City of Dubuque, Iowa, with offices at 50 W
13th Street, Dubuque, Iowa 52001 (“Client”).
WHEREAS, Tyler and Client are parties to an agreement dated May 4, 2021 (“Agreement”); and
WHEREAS, Tyler and Client desire to amend the terms of the Agreement as provided herein.
THEREFORE, in consideration of the mutual covenants contained herein, Tyler and Client agree as follows.
1. SaaS Term Renewal.
a. The SaaS term is hereby renewed for a three (3) year term commencing on June 1, 2026
(for the purposes of this Amendment, the “Renewal Term”). After the completion of the
Renewal Term, the SaaS term will renew automatically for additional one (1) year terms
unless terminated in writing by either party at least sixty (60) days prior to the end of the
then-current term.
b. SaaS fees are invoiced annually in advance, beginning on the commencement date of
the Renewal Term. SaaS fees for year one (1) of the Renewal Term are indicated in
Exhibit 1 of this Amendment. SaaS Fees for years two (2) and three (3) of the Renewal
Term will not increase more than three percent (3%) on an annualized basis. Upon
expiration of the Renewal Term, annual SaaS fees shall be at then-current rates.
2. PACE 36 Flex Term Renewal. The PACE 36 Flex term is hereby renewed for a one (1) year term
commencing on August 1, 2026, at the rates set forth in Exhibit 2.
3. Payments PCI Service and Smart Meter Access Term Renewal. The Payments PCI Service and
Smart Meter Access term is hereby renewed for a one (1) year term commencing on May 1,
2026, at the rates set forth in Exhibit 3.
4. This Amendment shall be governed by and construed in accordance with the terms and
conditions of the Agreement.
5. All other terms and conditions of the Agreement shall remain in full force and effect.
[SIGNATURE PAGE FOLLOWS]
2
IN WITNESS WHEREOF, persons having been duly authorized and empowered to enter into this
Amendment hereunto executed this Amendment effective as of the date last set forth below.
Tyler Technologies, Inc. City of Dubuque, Iowa
By: By:
Name: Name:
Title: Title:
Date: Date:
Michael C. Van Milligen
City Manager
05/29/2026
Erik Graney
Senior Corporate Attorney
06/03/26
Exhibit 1
1
Exhibit 1
2
Exhibit 1
3
Exhibit 1
4
Exhibit 1
5
Exhibit 2
1
Exhibit 3
1
26_05_28 Tyler Technologies Contract
Amendment
Final Audit Report 2026-06-03
Created:2026-06-03
By:Stacey Gerard (stacey.gerard@tylertech.com)
Status:Signed
Transaction ID:CBJCHBCAABAAlHOqGfYc8jrzQN5OXDadGR7Kp3dc24PM
"26_05_28 Tyler Technologies Contract Amendment" History
Document created by Stacey Gerard (stacey.gerard@tylertech.com)
2026-06-03 - 1:00:36 PM GMT- IP address: 163.116.144.53
Document emailed to Erik Graney (erik.graney@tylertech.com) for signature
2026-06-03 - 1:01:11 PM GMT
Email viewed by Erik Graney (erik.graney@tylertech.com)
2026-06-03 - 2:15:30 PM GMT- IP address: 163.116.133.159
Document e-signed by Erik Graney (erik.graney@tylertech.com)
Signature Date: 2026-06-03 - 2:16:29 PM GMT - Time Source: server- IP address: 163.116.133.159 - Signature Appearance Selected:
IMAGE
Agreement completed.
2026-06-03 - 2:16:29 PM GMT
Page 1 of 8
CITY OF DUBUQUE, IOWA
MASTER SERVICES AGREEMENT
CITY CONTRACT # ______________
Vendor: ________________________
Name: _________________________
Address: _______________________
Address: _______________________
All City Departments
Attn: City of Dubuque Finance Department
50 West 13th Street
Dubuque, Iowa 52001
Contract Commencement: Contract Termination/Renewal Date:
Shipping Terms: FOB Destination Payment Terms: 60 Days
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 “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 Iowa 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.
29
All Seasons Heating and Cooling
798 Cedar Cross Rd.
Dubuque, IA 52003
05-07-26 05-07-27-Auto renew
Page 2 of 8
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 3 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 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 Iowa. 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 4 of 8
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 Iowa Code chapter 670 and
other applicable provisions of Iowa 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 Iowa 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 Iowa 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 Iowa 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.
06/03/2026
Page 6 of 8
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 Iowa 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 7 of 8
EXHIBIT B
INSURANCE SCHEDULE
(insert applicable insurance schedule here)
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
Fertilizer Application Pest Control Tree Removal
Geotech Boring Sca olding 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 O ice Furnishings
Filter Cleaning
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 Iowa Department of Insurance or an equivalent approved by the Chief Financial O icer 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: _________________________ or
Project Location at ________________________________ or construction of
_________________________________.
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and
all insurers shall have a rating of A or better in the current A.M. Best’s Rating Guide.
3. Each certificate shall be furnished to: _____________ Department, City of Dubuque, __________________
Dubuque, IA _________.
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 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.
MSA contract
All City Locations
Finance 50 W. 13th St.
52001
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
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 from 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 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 o icials, 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 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 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 Iowa
Code Chapter 85 as amended.
Coverage A Statutory – State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee - Disease $100,000
Policy Limit – Disease $500,000
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 Iowa 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 Iowa Workers’ Compensation
Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached.
C. AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned, and hired vehicles. If the Contractor’s business does not
own any vehicles, coverage is required on non-owned and hired vehicles.
1) Policy shall include Waiver of Right to 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.
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 ________ 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 o icials, 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
x
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub-Subcontractors
(continued)
Iowa 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 that the purchase of
this policy and the including of the City of Dubuque, Iowa, 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, Iowa, the Dubuque Regional Airport, and the
Dubuque Regional Airport Commission under Code of Iowa Section 670.4 as it is now exists and as it
may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims
not subject to the defense governmental immunity under the Code of Iowa Section 670.4 as it now
exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section
670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. City of Dubuque, Iowa, 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 Coverage. The insurer shall not deny coverage under this policy and the insurer shall not
deny any of the rights and benefits accruing to the City of Dubuque, Iowa, 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, Iowa, the Dubuque Regional Airport, and the
Dubuque Regional Airport Commission.
5. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 8 of 8
EXHIBIT C
FEE STRUCTURE
(when applicable)
(PRICING FROM VENDOR WILL BE ADDED HERE IF RECEIVED)
Page 1 of 8
CITY OF DUBUQUE, IOWA
MASTER SERVICES AGREEMENT
CITY CONTRACT # ______________
Vendor: ________________________
Name: _________________________
Address: _______________________
Address: _______________________
All City Departments
Attn: City of Dubuque Finance Department
50 West 13th Street
Dubuque, Iowa 52001
Contract Commencement: Contract Termination/Renewal Date:
Shipping Terms: FOB Destination Payment Terms: 60 Days
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 “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 Iowa 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.
3624
All Star Environmental LLC
2622 Van Buren Ave
Dubuque, IA 52001
05-22-26 05-22-27- Auto renew
Page 2 of 8
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 3 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 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 Iowa. 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 4 of 8
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 Iowa Code chapter 670 and
other applicable provisions of Iowa 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 Iowa 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 Iowa 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 Iowa 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 5 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 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:
Michael C. Van Milligen Date Company Name
City Manager
By:
Signature Date
Printed Name
Title
ALL STAR ENVIRONMENTAL, LLC
BRUCE PREGELR
OWNER
5-22-2026
06/03/2026
Page 6 of 8
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 Iowa 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 7 of 8
EXHIBIT B
INSURANCE SCHEDULE
(insert applicable insurance schedule here)
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
Fertilizer Application Pest Control Tree Removal
Geotech Boring Sca olding 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 O ice Furnishings
Filter Cleaning
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 Iowa Department of Insurance or an equivalent approved by the Chief Financial O icer 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: _________________________ or
Project Location at ________________________________ or construction of
_________________________________.
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and
all insurers shall have a rating of A or better in the current A.M. Best’s Rating Guide.
3. Each certificate shall be furnished to: _____________ Department, City of Dubuque, __________________
Dubuque, IA _________.
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 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.
MSA Agreement
All City Locations
Finance 50 W. 13th St.
52001
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
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 from 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 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 o icials, 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 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 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 Iowa
Code Chapter 85 as amended.
Coverage A Statutory – State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee - Disease $100,000
Policy Limit – Disease $500,000
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 Iowa 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 Iowa Workers’ Compensation
Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached.
C. AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned, and hired vehicles. If the Contractor’s business does not
own any vehicles, coverage is required on non-owned and hired vehicles.
1) Policy shall include Waiver of Right to 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.
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 ________ 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. 2. Include additional insured for:
The City of Dubuque, including all its elected and appointed o icials, 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
X
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub-Subcontractors
(continued)
Iowa 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 that the purchase of
this policy and the including of the City of Dubuque, Iowa, 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, Iowa, the Dubuque Regional Airport, and the
Dubuque Regional Airport Commission under Code of Iowa Section 670.4 as it is now exists and as it
may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims
not subject to the defense governmental immunity under the Code of Iowa Section 670.4 as it now
exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section
670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. City of Dubuque, Iowa, 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 Coverage. The insurer shall not deny coverage under this policy and the insurer shall not
deny any of the rights and benefits accruing to the City of Dubuque, Iowa, 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, Iowa, the Dubuque Regional Airport, and the
Dubuque Regional Airport Commission.
5. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 8 of 8
EXHIBIT C
FEE STRUCTURE
(when applicable)
(PRICING FROM VENDOR WILL BE ADDED HERE IF RECEIVED)
Page 1 of 8
CITY OF DUBUQUE, IOWA
MASTER SERVICES AGREEMENT
CITY CONTRACT # ______________
Vendor: ________________________
Name: _________________________
Address: _______________________
Address: _______________________
All City Departments
Attn: City of Dubuque Finance Department
50 West 13th Street
Dubuque, Iowa 52001
Contract Commencement: Contract Termination/Renewal Date:
Shipping Terms: FOB Destination Payment Terms: 60 Days
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 “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 Iowa 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.
34
Altorfer, Inc.
2600 6th Street SW
Cedar Rapids, IA 52404
05-27-26 05-27-27- Auto renew
Page 2 of 8
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 3 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 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 Iowa. 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 4 of 8
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 Iowa Code chapter 670 and
other applicable provisions of Iowa 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 Iowa 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 Iowa 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 Iowa 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 5 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 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:
Michael C. Van Milligen Date Company Name
City Manager
By:
Signature Date
Printed Name
Title
06/03/2026
Page 6 of 8
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 Iowa 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 7 of 8
EXHIBIT B
INSURANCE SCHEDULE
(insert applicable insurance schedule here)
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
Fertilizer Application Pest Control Tree Removal
Geotech Boring Sca olding 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 O ice Furnishings
Filter Cleaning
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 Iowa Department of Insurance or an equivalent approved by the Chief Financial O icer 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: _________________________ or
Project Location at ________________________________ or construction of
_________________________________.
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and
all insurers shall have a rating of A or better in the current A.M. Best’s Rating Guide.
3. Each certificate shall be furnished to: _____________ Department, City of Dubuque, __________________
Dubuque, IA _________.
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 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.
MSA Agreement
All City Locations
Finance 50 W. 13th St.
52001
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
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 from 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 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 o icials, 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 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 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 Iowa
Code Chapter 85 as amended.
Coverage A Statutory – State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee - Disease $100,000
Policy Limit – Disease $500,000
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 Iowa 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 Iowa Workers’ Compensation
Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached.
C. AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned, and hired vehicles. If the Contractor’s business does not
own any vehicles, coverage is required on non-owned and hired vehicles.
1) Policy shall include Waiver of Right to 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.
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 ________ 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. 2. Include additional insured for:
The City of Dubuque, including all its elected and appointed o icials, 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
X
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub-Subcontractors
(continued)
Iowa 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 that the purchase of
this policy and the including of the City of Dubuque, Iowa, 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, Iowa, the Dubuque Regional Airport, and the
Dubuque Regional Airport Commission under Code of Iowa Section 670.4 as it is now exists and as it
may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims
not subject to the defense governmental immunity under the Code of Iowa Section 670.4 as it now
exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section
670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. City of Dubuque, Iowa, 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 Coverage. The insurer shall not deny coverage under this policy and the insurer shall not
deny any of the rights and benefits accruing to the City of Dubuque, Iowa, 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, Iowa, the Dubuque Regional Airport, and the
Dubuque Regional Airport Commission.
5. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 8 of 8
EXHIBIT C
FEE STRUCTURE
(when applicable)
(PRICING FROM VENDOR WILL BE ADDED HERE IF RECEIVED)
Page 1 of 8
CITY OF DUBUQUE, IOWA
MASTER SERVICES AGREEMENT
CITY CONTRACT # ______________
Vendor: ________________________
Name: _________________________
Address: _______________________
Address: _______________________
All City Departments
Attn: City of Dubuque Finance Department
50 West 13th Street
Dubuque, Iowa 52001
Contract Commencement: Contract Termination/Renewal Date:
Shipping Terms: FOB Destination Payment Terms: 60 Days
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 “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 Iowa 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.
2228
CBD Utility Contractors
11029 136th St.
Davenport, IA 52804
05-21-26 05-21-27- Auto renew
Page 2 of 8
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 3 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 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 Iowa. 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 4 of 8
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 Iowa Code chapter 670 and
other applicable provisions of Iowa 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 Iowa 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 Iowa 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 Iowa 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 5 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 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:
Michael C. Van Milligen Date Company Name
City Manager
By:
Signature Date
Printed Name
Title
CDB Utility Contractors
Patricia Kenyon
VP Operations
5/22/26
06/03/2026
Page 6 of 8
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 Iowa 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 7 of 8
EXHIBIT B
INSURANCE SCHEDULE
(insert applicable insurance schedule here)
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
Fertilizer Application Pest Control Tree Removal
Geotech Boring Sca olding 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 O ice Furnishings
Filter Cleaning
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 Iowa Department of Insurance or an equivalent approved by the Chief Financial O icer 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: _________________________ or
Project Location at ________________________________ or construction of
_________________________________.
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and
all insurers shall have a rating of A or better in the current A.M. Best’s Rating Guide.
3. Each certificate shall be furnished to: _____________ Department, City of Dubuque, __________________
Dubuque, IA _________.
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 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.
MSA Agreement
all city locations
Finance 50 W. 13th St.
52001
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
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 from 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 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 o icials, 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 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 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 Iowa
Code Chapter 85 as amended.
Coverage A Statutory – State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee - Disease $100,000
Policy Limit – Disease $500,000
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 Iowa 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 Iowa Workers’ Compensation
Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached.
C. AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned, and hired vehicles. If the Contractor’s business does not
own any vehicles, coverage is required on non-owned and hired vehicles.
1) Policy shall include Waiver of Right to 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.
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 ________ 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 o icials, 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
X
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub-Subcontractors
(continued)
Iowa 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 that the purchase of
this policy and the including of the City of Dubuque, Iowa, 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, Iowa, the Dubuque Regional Airport, and the
Dubuque Regional Airport Commission under Code of Iowa Section 670.4 as it is now exists and as it
may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims
not subject to the defense governmental immunity under the Code of Iowa Section 670.4 as it now
exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section
670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. City of Dubuque, Iowa, 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 Coverage. The insurer shall not deny coverage under this policy and the insurer shall not
deny any of the rights and benefits accruing to the City of Dubuque, Iowa, 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, Iowa, the Dubuque Regional Airport, and the
Dubuque Regional Airport Commission.
5. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 8 of 8
EXHIBIT C
FEE STRUCTURE
(when applicable)
(PRICING FROM VENDOR WILL BE ADDED HERE IF RECEIVED)
06/03/2026
Page 1 of 8
CITY OF DUBUQUE, IOWA
MASTER SERVICES AGREEMENT
CITY CONTRACT # ______________
Vendor: ________________________
Name: _________________________
Address: _______________________
Address: _______________________
All City Departments
Attn: City of Dubuque Finance Department
50 West 13th Street
Dubuque, Iowa 52001
Contract Commencement: Contract Termination/Renewal Date:
Shipping Terms: FOB Destination Payment Terms: 60 Days
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 “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 Iowa 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.
1707
Midwest Concrete
9835 Midwest Lane
Peosta, IA 52068
05-12-26 05-12-27- Auto renew
Page 2 of 8
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 3 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 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 Iowa. 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 4 of 8
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 Iowa Code chapter 670 and
other applicable provisions of Iowa 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 Iowa 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 Iowa 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 Iowa 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 5 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 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:
Michael C. Van Milligen Date Company Name
City Manager
By:
Signature Date
Printed Name
Title
06/03/2026 Midwest Concrete Inc.
Ryan Coates
President
May 20, 2026
Page 6 of 8
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 Iowa 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 7 of 8
EXHIBIT B
INSURANCE SCHEDULE
(insert applicable insurance schedule here)
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
Fertilizer Application Pest Control Tree Removal
Geotech Boring Sca olding 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 O ice Furnishings
Filter Cleaning
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 Iowa Department of Insurance or an equivalent approved by the Chief Financial O icer 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: _________________________ or
Project Location at ________________________________ or construction of
_________________________________.
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and
all insurers shall have a rating of A or better in the current A.M. Best’s Rating Guide.
3. Each certificate shall be furnished to: _____________ Department, City of Dubuque, __________________
Dubuque, IA _________.
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 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.
MSA Contract
All City Locations
Finance 50 W. 13th St.
52001
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
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 from 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 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 o icials, 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 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 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 Iowa
Code Chapter 85 as amended.
Coverage A Statutory – State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee - Disease $100,000
Policy Limit – Disease $500,000
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 Iowa 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 Iowa Workers’ Compensation
Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached.
C. AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned, and hired vehicles. If the Contractor’s business does not
own any vehicles, coverage is required on non-owned and hired vehicles.
1) Policy shall include Waiver of Right to 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.
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 ________ 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 o icials, 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
X
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub-Subcontractors
(continued)
Iowa 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 that the purchase of
this policy and the including of the City of Dubuque, Iowa, 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, Iowa, the Dubuque Regional Airport, and the
Dubuque Regional Airport Commission under Code of Iowa Section 670.4 as it is now exists and as it
may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims
not subject to the defense governmental immunity under the Code of Iowa Section 670.4 as it now
exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section
670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. City of Dubuque, Iowa, 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 Coverage. The insurer shall not deny coverage under this policy and the insurer shall not
deny any of the rights and benefits accruing to the City of Dubuque, Iowa, 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, Iowa, the Dubuque Regional Airport, and the
Dubuque Regional Airport Commission.
5. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 8 of 8
EXHIBIT C
FEE STRUCTURE
(when applicable)
(PRICING FROM VENDOR WILL BE ADDED HERE IF RECEIVED)
06/03/2026
Page 1 of 8
CITY OF DUBUQUE, IOWA
MASTER SERVICES AGREEMENT
CITY CONTRACT # ______________
Vendor: ________________________
Name: _________________________
Address: _______________________
Address: _______________________
All City Departments
Attn: City of Dubuque Finance Department
50 West 13th Street
Dubuque, Iowa 52001
Contract Commencement: Contract Termination/Renewal Date:
Shipping Terms: FOB Destination Payment Terms: 60 Days
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 “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 Iowa 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.
658
Overhead Door Co. of Dubuque
1040 Cedar Cross Road
Dubuque, IA 52003
4-14-2026 4-14-27/ Auto renew
Page 2 of 8
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 3 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 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 Iowa. 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 4 of 8
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 Iowa Code chapter 670 and
other applicable provisions of Iowa 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 Iowa 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 Iowa 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 Iowa 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 5 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 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:
Michael C. Van Milligen Date Company Name
City Manager
By:
Signature Date
Printed Name
Title
06/03/2026 Overhead Door Company of Dubuque
Ashley Weber Digitally signed by Ashley Weber
Date: 2026.05.28 15:37:29 -05'00'
Ashley Weber
Office Manager
5/28/2026
Page 6 of 8
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 Iowa 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 7 of 8
EXHIBIT B
INSURANCE SCHEDULE
(insert applicable insurance schedule here)
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
Fertilizer Application Pest Control Tree Removal
Geotech Boring Sca.olding 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 O.ice Furnishings
Filter Cleaning
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 Iowa Department of Insurance or an equivalent approved by the Chief Financial O.icer 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: _________________________ or
Project Location at ________________________________ or construction of
_________________________________.
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and
all insurers shall have a rating of A or better in the current A.M. Best’s Rating Guide.
3. Each certificate shall be furnished to: _____________ Department, City of Dubuque, __________________
Dubuque, IA _________.
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 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.
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
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 from 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 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 o.icials, 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 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 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 Iowa
Code Chapter 85 as amended.
Coverage A Statutory – State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee - Disease $100,000
Policy Limit – Disease $500,000
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 Iowa 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 Iowa Workers’ Compensation
Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached.
C. AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned, and hired vehicles. If the Contractor’s business does not
own any vehicles, coverage is required on non-owned and hired vehicles.
1) Policy shall include Waiver of Right to 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.
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 ________ 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 o.icials, 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
X
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub-Subcontractors
(continued)
Iowa 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 that the purchase of
this policy and the including of the City of Dubuque, Iowa, 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, Iowa, the Dubuque Regional Airport, and the
Dubuque Regional Airport Commission under Code of Iowa Section 670.4 as it is now exists and as it
may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims
not subject to the defense governmental immunity under the Code of Iowa Section 670.4 as it now
exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section
670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. City of Dubuque, Iowa, 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 Coverage. The insurer shall not deny coverage under this policy and the insurer shall not
deny any of the rights and benefits accruing to the City of Dubuque, Iowa, 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, Iowa, the Dubuque Regional Airport, and the
Dubuque Regional Airport Commission.
5. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 8 of 8
EXHIBIT C
FEE STRUCTURE
(when applicable)
(PRICING FROM VENDOR WILL BE ADDED HERE IF RECEIVED)
06/04/2026
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CITY OF DUBUQUE, IOWA
MASTER SERVICES AGREEMENT
CITY CONTRACT # ______________
Vendor: ________________________
Name: _________________________
Address: _______________________
Address: _______________________
All City Departments
Attn: City of Dubuque Finance Department
50 West 13th Street
Dubuque, Iowa 52001
Contract Commencement: Contract Termination/Renewal Date:
Shipping Terms: FOB Destination Payment Terms: 60 Days
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 “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 Iowa 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.
5988
Tri-State Shred, Inc.
2280 Twin Valley Dr.
Dubuque, IA 52003
05-27-26 05-27-27- Auto renew
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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.
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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 Iowa. 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.
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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 Iowa Code chapter 670 and
other applicable provisions of Iowa 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 Iowa 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 Iowa 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 Iowa 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 5 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 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:
Michael C. Van Milligen Date Company Name
City Manager
By:
Signature Date
Printed Name
Title
06/04/2026 Tri-State Shred, Inc.
Bruce Radtke Digitally signed by Bruce Radtke
Date: 2026.06.01 09:46:15 -05'00'
Bruce D Radtke
President
6-1-2026
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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 Iowa 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.
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EXHIBIT B
INSURANCE SCHEDULE
(insert applicable insurance schedule here)
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, Iowa, 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 Iowa Insurance Division or an equivalent. Each certificate shall
include a statement under Description of Operations as to why the certificate was issued. Vendor Service
Agreement dated: _________________________________.
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and
all insurers shall have a rating of A or better in the current A.M. Best’s Rating Guide.
3. Each certificate shall be furnished to: City of Dubuque, Finance Department, 50 W. 13th Street, Dubuque,
Iowa, 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 O8icer. 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.
06-01-2026
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
CITY OF DUBUQUE 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 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 o8icials, all its employees and
volunteers, all its boards, commissions and/or authorities and their board members,
employees and volunteers. Use ISO form CG 20 10 (Ongoing Operations) or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others Endorsement.
7) Policy shall include cancellation and material change endorsement providing thirty (30) days
advance written notice of cancellation, non-renewal, reduction in insurance coverage and/or
limits and ten (10) days written notice of non-payment of premium shall be sent to: City of
Dubuque, Finance Department, 50 West 13th Street, Dubuque, Iowa, 52001.
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 Iowa
Code Chapter 85 as amended.
Coverage A Statutory – State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee - Disease $100,000
Policy Limit – Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
OR
If, by Iowa 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 Iowa Workers’ Compensation Insurance Commissioner, as required by Iowa
Code Section 87.22. Completed form must be attached.
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 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 o8icials, 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).
X
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 _____ 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 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 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
_____ 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.
X
X
X
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities
which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as
is requested by this insurance schedule may result in your waiver of those immunities. If you would like to
preserve those immunities, please use this endorsement or an equivalent form. The preservation of
immunities is for your benefit.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of
this policy and the including of the City of Dubuque as an additional insured does not waive any of the
defenses of governmental immunity available to the City of Dubuque, Iowa, under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims
not subject to the defense governmental immunity under the Code of Iowa Section 670.4 as it now
exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section
670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. City of Dubuque, Iowa, shall be responsible for asserting any
defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non-Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not
deny any of the rights and benefits accruing to the City of Dubuque under this policy for reasons of
governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the
defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
5. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 8 of 8
EXHIBIT C
FEE STRUCTURE
(when applicable)
(PRICING FROM VENDOR WILL BE ADDED HERE IF RECEIVED)