Loading...
Signed ContractsCopyrighted July 6, 2026 City of Dubuque CONSENT ITEMS # 5. City Council ITEM TITLE: Signed Contracts SUMMARY: A-1 Storage Service LLC for Vendor Service Agreement - Parks & Recreation - Storage Containers; Air Cleaning Technologies for Vendor Service Agreement -Fire Dept; American Cruise Lines for 2026 Docking Agreement; Arensdorf Construction for Public Improvement Contract - Engineering Dept - 14th Street Storm and Street Repairs; Cahoy Pump Service for Public Improvement Contract; Celebration Belle for 2026 Docking Agreement; Centrisys CNP for Vendor Service Agreement -North Centrifuge Repair WRRC; Communications Engineering Company for IT Firewall Replacement; Cornerstone Government Affairs, Inc. for Memorandum of Agreement; Dubuque County, Iowa for Lease Agreement; Dubuque Racing Association, Ltd. for Third Amendment to Lease; Eagle Point Solar, LLC for Contract - MSC Roof and HVAC Replacement Eagle Point Solar Panel Consent Letter; Eagle Point Solar, LLC for MSC Roof and HVAC Replacement Eagle Point Solar Panel Signed Form; Eagle Point Solar, LLC for Sole Source Procurement Justification Form - MSC Roof and HVAC Replacement Eagle Point Solar Panel Tear Off and Reinstall; Ehrlich Excavating Inc. for Public Improvement Contract - Engineering Dept - Kane Street Curb and Sidewalk Improvements; Five Bugles Design for GIS Site Location Analysis Agreement; HDR Engineering, Inc. for Task Order Ten - Sanitary Sewer Asset Management Plan (SSAMP) Consent Decree Assistance; Hillcrest Family Services for Lease Agreement; IMWCA (Iowa Municipalities Workers' Compensation Association for Administrative Agreement - TPA Agreement; Johnson Controls Fire Protection LP for Vendor Service Agreement - Replacement of Fire Alarm Panel at the Port of Dubuque Ramp; Legat Architects for Proposal to Provide Professional Architectural Services - Police Headquarters Space Needs Analysis and Conceptual Design Study; McDermott Excavating for Public Improvement Contract - Engineering Dept - Street Light Jackson & 11tn; Origin Design Co. for Task Order 26 - FEMA BRIC Grant BCA Assistance; Origin Design Co. for Task Order 26-04 Page 199 of 853 2026 FEMA BRIC Grant Design Assistance; Pigott, Inc. for Vendor Service Agreement - Sustainability Dept Office Furniture; Planet Technologies for Renewal Quote 0365 SLG Subscription; Polimorphic for Order form - Subscription for Connect Platform -Communication Automation; Portzen Construction, Inc. for Public Improvement Contract - Engineering Dept - Asbury, Carter Chaney Traffic Signal Project; Runde Electric LLC for Vendor Service Agreement - Parks & Recreation - Five Flags Theater Fire Escape Light Fixture Replacement; Strand Associates for Task Order 26- 07 2026 FEMA BRIC Grant BCA Assistance; Strand Associates for Task Order 26-08 2026 FEMA BRIC Grant Design Assistance; Temperley Excavating Inc. for Public Improvement Contract - Engineering Dept - Levi & Sullivan Storm Sewer Extension Project; Tschiggfrie Excavating Co. for Public Improvement Contract - Engineering Dept North Schmitt Island Collection system Project Contract #2; WHKS & Co. for Task Order 30 - 17th/Locust FEMA BRIC Grant BCA Assistance WHKS; WHKS & Co. for Task Order 31 - 17th/Locust FEMA BRIC Grant Design Assistance WHKS Task Order SUGGUESTED Receive and File DISPOSITION: ATTACHMENTS: 1. 26_06_15 2026 FEMA BRIC Grant BCA Assistance WHKS Task Order 30 (36) 2. 26_06_15 2026 FEMA BRIC Grant Design Assistance WHKS Task Order 31 3. 26_06_15 Request for Signature on Approved Emergency Contract Dee 4. 26_06_16 MSC Roof and HVAC Replacement Eagle Point Solar Panel Consent Letter 5. 26_06_16 MSC Roof and HVAC Replacement Eagle Point Solar Panel Signed Form 6. 26_06_16 MSC Roof and HVAC Replacement Eagle Point Solar Panel Tear off and Reinstall 7. 26_06_17 DBQ County Lease Signatures 8. 26_06_17 Five Flags Lighting General Maintenance Short Form Contr 9. 26_06_17 Hillcrest Lease Signatures (9) 10. 26 06 18 2026 FEMA BRIC Grant BCA Assistance Strand Task Order 26 07 11. 26_06_18 2026 FEMA BRIC Grant Design Assistance Strand Task Order 26 12. 26_06_21 Legat Architects City of Dubuque 13. 26_06_22 411 TPA Services (8) 14. 26_06_22 GIS Site Location Analysis Agreement Signature 15. 26_06_22 Request to sign contract 14th Street Storm and Street Re Page 200 of 853 16. 26_06_22 Request to Sign Contract Asbury Carter Chaney Traffic Si 17. 26_06_22 Request to sign contract Levi and Sullivan Storm Sewer E 18. 26_06_22 Request to Sign Contract Street Light Jackson and 11th 19. 26_06_22 SSAMP Task Order 10 Consent Decree Assistance (18) 20. 26_06_23 2026 FEMA BRIC Grant Design Assistance Origin Task O 21. 26_06_23 Request to Sign Contract N Schmitt Island Collection Sys 22. 26_06_29 Al Storage General Service Short Form Contract 23. 26_06_29 Request to Sign Contract Kane St Curb and Sidewalk Improve 24. 26_06_29 Short form vendor contract requiring MVM signature fire 25. City of Dubuque - Polimorphic Order Form 26. CityofDubuque_Q-07066 27. Contracts and Master Service Agreements _ Dubuque IA - Pigott Sustainability June 2026 28. Fully Executed -Third Amendement - Lease 29. 2.2 2026-2027 Metro Coalition -Cornerstone Agreement (2026.06.09) (003) 30. 26_06_11 City Manager Contract Signature (7) 31. 26_06_11 Memo Request for Firewall Replacement Approval 32. 26_06_12 Centrisys Service Agreement for North Centrifuge Repair (4) 33. 26_06_13 Memo MVM Docking Agreement for American Cruise Lines INC 34. 26_06_15 2026 FEMA BRIC Grant BCA Assistance Origin Task Order 26 35. 26_06_13 Memo MVM Docking Agreement for American Cruise Lines INC Page 201 of 853 whks CITY OF DUBUQUE TASK ORDER #30 —17th/Locust FEMA BRIC Grant Application Assistance This TASK ORDER is issued under the PROFESSIONAL SERVICES AGREEMENT (dated June 7, 2021 agreement reference number 9290.00) between the City of Dubuque ("Client") and WHKS & Co. ("WHKS") for Services to be provided by Consultant for Client on the 171h Street and Locust Street FEMA BRIC Grant Application Assistance ("Project"), described below to this Task Order. A. Project Information This project involves providing survey and design engineering services to support the City of Dubuque's grant application efforts for a potential municipal improvement project along the 17th Street and Locust Street corridors. These services include development of information and data to be utilized by the grant application team in preparation of the Benefit -Cost Analysis. 1,0 . , b t `% � ram- ,�• + •• •� '• •�r ��~ ' h Y • e •.• �tlr�3 „c,v♦�♦ i� I�. ♦. Oval! j..c � i•, �� �� � �• •i • .a.r . . n a ♦� a •�� r . - nlr xr� .• b a � e - , �N•r ■N Iu► .. �r<11 p1 ire►. ♦1 4♦.. . + • t ♦ ♦. a :: • � •'1 fit•:;,.,,.; 11/ •i• r s� r . � ♦ •w l x 10 Of Pa. ItM boo I 1 qr■��.1 " ` 1 � • lIL�Sr r• 11 �•.a11i'� jj i '• �j� .1�. � �'��nraa+ x • ■r . i ♦♦♦ • I •• �►i • ♦ •ray ♦ � .. ♦ � ,, , 1 A • ♦• � � 11 C, ]k,2 Cr � •,...'a� t cp � ,� s� to00 v • ♦P♦� ..COS ��'� �, 'fir •� 7064 10 to �w ,Mr • Ib a Figure 1 - Project Location Map Page 202 of 853 whks B. Scope of Services 1. Project Management and Meetings • Perform general project administrative duties including supervision and coordination of the project team, review of project costs and billings, prepare invoices using Consultant's standard forms, preparation of status reports, and general administrative activities. • Hold kick-off meeting with Client to discuss the project and review the scope. • Advise the Client of the necessity of obtaining Special Engineering Services as described in Paragraph C., and act as the Client's representative in connection with any such services not actually performed by WHKS. • Attend eight (8) meetings for the project. 2. Topographic Survey and Research of Existing Conditions • Perform site topographic surveys to support the grant application, including collection of finished floor elevations, adjacent ground elevations, and lower entry elevations for buildings potentially susceptible to flooding • Develop project control for the project. • Collect, obtain and review relevant information from the Client. 3. Benefit -Cost Analysis Assistance • Develop a spreadsheet identifying properties potentially susceptible to flooding and compile available data, including building size and elevation information. • Prepare opinion of probable construction cost on phased portions of the project. C. Special Engineering Services Special Engineering Services are those services not listed above, but which may be required or advisable to accomplish the Project. Special Engineering Services shall be performed when authorized by the Client for additional fees, to be determined at the time authorized. Special Engineering Services include: 1. Land surveying and platting 2. Easement research, plats or descriptions 3. Negotiation for easements or land acquisition 4. Quality control testing and construction materials testing 5. Permits other than those identified above 6. Geotechnical design/recommendations 7. National Environmental Policy Act (NEPA) compliance, including historical and archeological investigations 8. Structural evaluation and/or design 9. Attendance at additional meetings (other than those listed above) Page 203 of 853 whks D. Basis of Compensation For the services described above, the Client shall remunerate WHKS as follows: Billed hourly with a Not -to -Exceed Fee of $23,000 including expenses. External expenses include an administrative charge of 10 percent. All terms and conditions of the Professional Services Agreement shall continue in full force and effect. This Task Order is accepted, and the Consultant is authorized to proceed. Executed this day of 2026 City of Dubuque WHKS & co. By: �By: Printed Name: Printed Name: Derek J. Thomas, PE Title Title: Vice President Page 204 of 853 whks CITY OF DUBUQUE TASK ORDER #31 —17t"/Locust - Design Advancement to 90% Plans This TASK ORDER is issued under the PROFESSIONAL SERVICES AGREEMENT (dated June 7, 2021 agreement reference number 9290.00) between the City of Dubuque ("Client") and WHKS & Co. ("WHKS") for Services to be provided by Consultant for Client on the 171" Street and Locust Street Design Advancement to 90% Plans ("Project"), described below to this Task Order. A. Project Information The City of Dubuque requires the construction of large -diameter storm sewer and/or box culvert, utility replacements, roadway, sidewalk, and associated restoration improvements along 17th Street from Heeb Street to Locust Street, and along Locust Street from 17th Street to Kirkwood Street. As part of a previous phase of work, a significant portion of the survey, preliminary design, and plan production has been completed. This Task Order is intended to advance the project from its current level of development to a 90% plan submittal. Strand will be responsible for the design of the utility components of the project. WHKS will coordinate closely with Strand and other team members to ensure a cohesive and constructible design. WHKS's scope of services will include updating existing topographic and utility information as needed to support final design, advancement of roadway modeling and geometric design, development of sidewalk and intersection layouts (including ADA-compliant facilities), structural design for custom box culvert transitions, preparation of erosion control measures, and development of traffic control and construction staging concepts. All work will be performed in coordination with utility improvements designed by Strand to minimize conflicts and maintain project consistency. Page 205 of 853 whks B. Scope of Services 1. Project Management and Meetings • Perform general project administrative duties including supervision and coordination of the project team, review of project costs and billings, prepare invoices using Consultant's standard forms, preparation of status reports, and general administrative activities. • Hold kick-off meeting with Client to discuss the project and review the scope. • Advise the Client of the necessity of obtaining Special Engineering Services as described in Paragraph C., and act as the Client's representative in connection with any such services not actually performed by WHKS. • Attend up to six (6) meetings for the project. 2. Topographic Survey and Research of Existing Conditions • Perform site topographic surveys to support the grant application, including collection of finished floor elevations, adjacent ground elevations, and lower entry elevations for buildings potentially susceptible to flooding • Develop project control for the project. • Collect, obtain and review relevant information from the Client. 3. Design and Construction Documents • Prepare 90% plans and specifications to show the character and scope of work to be performed by contractors on the Project. Plans will follow SUDAS standards. • Prepare opinion of probable construction cost on completed plans and specifications. 4. Utility Coordination • Coordinate with Strand, who is responsible for water, storm sewer, sanitary sewer, and other utility improvements. • Participate in ongoing design coordination to identify and resolve conflicts between roadway and utility elements. Page 206 of 853 whks C. Special Engineering Services Special Engineering Services are those services not listed above, but which may be required or advisable to accomplish the Project. Special Engineering Services shall be performed when authorized by the Client for additional fees, to be determined at the time authorized. Special Engineering Services include: 1. Land surveying and platting 2. Easement research, plats or descriptions 3. Negotiation for easements or land acquisition 4. Quality control testing and construction materials testing 5. Permits other than those identified above 6. Geotechnical design/recommendations 7. National Environmental Policy Act (NEPA) compliance, including historical and archeological investigations 8. Structural evaluation and/or design 9. Attendance at additional meetings (other than those listed above) D. Basis of Compensation For the services described above, the Client shall remunerate WHKS as follows: Segment B - Heeb to Locust 90% Plans - Billed hourly with a Not -to -Exceed Fee of $21,000 including expenses. External expenses include an administrative charge of 10 percent. Segment C - 17th to Angella 90% Plans - Billed hourly with a Not -to -Exceed Fee of $18,000 including expenses. External expenses include an administrative charge of 10 percent. Segment D - Angella to Kirkwood 90% Plans - Billed hourly with a Not -to -Exceed Fee of $21,000 including expenses. External expenses include an administrative charge of 10 percent. All terms and conditions of the Professional Services Agreement shall continue in full force and effect. This Task Order is accepted, and the Consultant is authorized to proceed. Executed this day of 2026 City of Dubuque WHKS & co. By: l�w�, By: Printed Name: Title Printed Name: Derek J. Thomas, PE Title: Vice President Page 207 of 853 Dubuque THE C D!Ujd&-:FE I I' II 2007.2012.2013 Masterpiece on the Mississippi 2017*2019 City of Dubuque Water Department 1902 Hawthorne St (address) Dubuque, IA 52001 Phone # 563-589-4291 CITY OF DUBUQUE, IOWA SHORT FORM PUBLIC IMPROVEMENT CONTRACT PROJECTS ESTIMATED AT LESS THAN $100,000.00 Check Appropriate Box ❑ Estimate under $25,000.00 0 Estimate between $25,000.00 and $99,999.99 THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and Cahoy Pump Service (Contractor) at (Contractor Name) 24568 150th Street, Suite 200, Sumner, Iowa 50674 (Contractor's Address - City and State) PROJECT TITLE: Well No. 8 Pump and Motor Repair Project (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: Removal, evaluation, repair/replacement, and reinstallation of Well No. 8 submersible pump and motor along with associated appurtenances. Refer to proposal dated June 10, 2026. The work described above shall be completed at the following location(s): City of Dubuque Water Well No. 8, adjacent to Eagle Point Water Treatment Plant, 1902 Hawthorne St, Dubuque, Iowa 52001. The Project shall be constructed to the meet the requirements as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following where applicable: Page 208 of 853 Documents listed in bold should be attached to this document upon submission. • Request for Bid or procurement documentation; • This Contract; • All ordinances and resolutions heretofore adopted by the City Council having to do with the Project; • The Contractor's Bid or procurement documentation; • Consent Decree Certification Form, if applicable (Exhibit A); • Bond Form, if applicable (Exhibit B); • Plans and Specifications; • SUDAS Standard Specifications (Current Edition) including but not limited to Division 1: General Provisions and Covenants and the City of Dubuque Supplemental Specifications -- Division 1 (Current Edition); • General Requirements as adopted by the City Council for the Project; • Insurance Schedule F (Exhibit C); and • Other Is the project over $25,000.00? El Yes O No If yes, Bond Form is required, see Exhibit B. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. 5. Three (3%) of the Contract price may be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Manager to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Contract and the project description described in Section 1 and the Contract Documents outlined in Section 2 and agrees not to plead misunderstanding or deception. 7. The Contractor shall guarantee for a period of two years and make good any other defect in any part of the Project due to improper construction or material performance notwithstanding the fact that said Project may have been accepted and fully paid for by the City. The guarantee shall commence on the date that the City pays full compensation for the complete performance of this contract. Page 209 of 853 8. The Contractor shall fully complete the Project under this Contract on or before 09/11 /2026 (DATE) 9. Indemnification from Third Party Claims; Liability for City Damage. A. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its officers and employees, from and against all claims, damages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Contract, including but not limited to attorneys' fees, arising out of or resulting from performance of this Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. B. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 10. Prior to the commencement of any work on the Project and at all times during the performance of this Contract, the Contractor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule F attached to this Contract as Exhibit C. 11. Permits and Licenses. Contractor further represents and warrants that Contractor will obtain all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Contract, including any permits and licenses that might be required by the state or locality in which Contractor performs the Services, and Contractor agrees to maintain, at Contractor's sole expense, such required permits and licenses for the duration of the term(s) of this Contract. 12. Legal Compliance. Contractor is responsible for compliance with all applicable laws, statutes, rules, regulations, and ordinances which may apply to the performance of Contractor's obligations under this Contract, including but not limited to the laws outlined in Exhibit o , and hereby represents and warrants that Contractor is in compliance with the same as of the Closing/Effective Date and further represents that during the Term Contractor will remain in compliance. Contractor shall require all contractors and subcontractors providing services under this Contract shall also certify compliance with this Section. When Applicable: Contractor further represents and warrants that Contractor has obtained all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Contract, including any permits and licenses that might be required by the state or locality in which Contractor performs the Services, and Contractor agrees to maintain, at Contractor's sole expense, such required permits and licenses for the durations of the term(s) of this Contract. 13. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice delivered to the Contractor. Page 210 of 853 14. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be the Iowa District Court for Dubuque County 15. The City is exempt from federal excise tax and Iowa sales tax. 16. In the event any article, service, or process sold, delivered and/or performed hereunder is covered by any patent, copyright, or application for either, the Contractor will indemnify and save harmless the City from any and all loss, cost, or expenses on account of any and all claims, suits, or judgments on account of the use or sale of such article or the use of such service or process in violation of any patent, copyright, or application. 17. The Contractor agrees not to release any advertising copy mentioning the City or quoting the opinion of any City employee without prior written authorization from the City of Dubuque. 18, Current Safety Data Sheets (SDS), when applicable to the order, will be provided by the Contractor in accordance with all regulations. 19. The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of the Contractor's proposal, and are not subject to change by reason of any written or verbal statements by the Contractor or by and terms stated in the Contractor's acknowledgment unless same be accepted in writing by the City. 20. The City of Dubuque, State of Iowa and Department of Justice have entered into a Consent Decree requiring the City to complete certain capital improvements pursuant to an established schedule and to comply with certain capital improvements pursuant to an established schedule and to comply with certain reporting and recordkeeping requirements. One of the terms of the Consent Order is for the City to advise contractors whose duties might reasonably include compliance with any provision of the Consent Decree with a copy of the Consent Decree. The City expects its contractors to comply with the Consent Decree and to assist the City in complying with the Consent Decree. As a requirement of this Contract, the Contractor shall execute and return to City Exhibit the Certification Form attached this this Contract as Exhibit A. THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE APPLICABLE. F✓ THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. Page 211 of 853 THE CITY AGREES: The City agrees to pay the Vendor for the work actually performed under this Contract, up to the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT: $ 48,810.00 CITY OF DUBUQUE, IOWA CONTRACTOR: By: ��,,, 06/16/2026 Cahoy Pump Services Date Company Name By: -/off- aDo7Ga �g�n a Date ro Print d Name '1-60'-S ("S; X Title Page 212 of 853 Class A: Class C: EXHIBIT C INSURANCE SCHEDULE F Asbestos Removal Fiber Optics Sanitary Sewers Asphalt Paving Fire Protection Sheet Metal Concrete Fireproofing Site Utilities Construction Managers General Contractors Shoring Cranes HVAC Special construction Culverts Mechanical Steel Decking Paving & Surfacing Storm sewers Demolition Piles & Caissons Structural Steel Deconstruction Plumbing Trails Earthwork Retaining Walls Tunneling Electrical Reinforcement Water main Elevators Roofing Chemical Spraying Masonry Rough Carpentry Doors, Window & Vehicular Snow Stump Grinding Glazing Removal Tank Coating Drywall Systems Painting & Wall Tree Removal Fertilizer Application Covering Tree Trimming Geotech Boring Pest Control Tuckpointing Insulation Scaffolding Waterproofing Finish Carpentry Sidewalks Well Drilling Landscaping Plastering Carpet Cleaning Carpet & Resilient Flooring Caulking & Sealants Acoustical Ceiling Filter Cleaning General Cleaning Grass Cutting Janitorial Non Vehicular Snow & Ice Removal Office Furnishings Power Washing Tile & Terrazzo Flooring Window Washing Page 213 of 853 INSURANCE SCHEDULE F (continued) Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project # Project name: Well No. 8 Pump and Motor Repair Prc�lor Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate required shall be furnished to the Water Department of the City of Dubuque. 4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this contract. 5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Contractor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever an ISO form is referenced the current edition must be provided. 8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are higher than the required minimum limit, then the contractor's limits shall be this agreement's required limits. 9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the contract, subject to written mutual agreement attached hereto. Page 214 of 853 INSURANCE SCHEDULE F (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit$2,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01 or business owners form BP 00 02 shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project(s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees, agents, and volunteers. Use ISO form CG 20 10 (Ongoing operations). 6) The additional insured endorsement shall include completed operations under ISO form CG 20 37 during the project term and for a period of two years after the completion of the project. 7) Policy shall include Waiver of Right to Recover from Others endorsement. 8) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. 9) Contractor and subcontractor shall not use any drone without the prior written approval of the City of Dubuque. Any drone usage must comply with above liability limits and the additional insured endorsement must name the City of Dubuque with respect to aircraft liability coverage. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Page 215 of 853 Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. C) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. D) UMBRELLA/EXCESS LIABILITY The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. All Class A contractors with contract values in excess of $10,000,000 must have umbrella/excess liability coverage of $10,000,000. All Class A and Class B contractors with contract values between $500,000 and $10,000,000 must have umbrella/excess liability coverage of $3,000,000. All Class A and B contractors with contract values less than $500,000 must have umbrella/excess liability coverage of $1,000,000. All Class C contractors are not required to have umbrella/excess liability coverage. All contractors performing earth work must have a minimum of $3,000,000 umbrella regardless of the contract value. E) POLLUTION LIABILITY Coverage required: _ Yes X No Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos, or PCB's. Pollution product and complete operations coverage shall also be covered. Each Occurrence $2,000,000 Page 216 of 853 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) or its equivalent and CG 20 37 (completed operations) or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. 7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability -Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the Owner's property. F) RAILROAD PROTECTIVE LIABILITY Coverage required: Yes X No Any contract for construction or demolition work on or within fifty feet (50') from the edge of the tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds, tunnel, underpass, or crossing, for which an easement, license or indemnification of the railroad is required, shall require evidence of the following additional coverages. Railroad Protective Liability: $ each occurrence (per limits required by Railroad) $ policy aggregate (per limits required by Railroad) AND An endorsement to the Commercial General Liability policy equal to ISO CG 24 17 (Contractual Liability -Railroads). A copy of this endorsement shall be attached to the certificate of insurance. Page 217 of 853 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 218 of 853 EXHIBIT D LEGAL COMPLIANCE a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); c) Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq), (prohibits discrimination on the basis of age); f) Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); g) The Civil Rights Restoration Act of 1987, (PL 100-209); (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964 to include that entities that receive federal funding must comply with civil rights legislation, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, in all operations, not just in the program or activity receiving federal funding); h) Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; i) The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); j) Section 1557of the Affordable Care Act (prohibits discrimination on the basis of national origin); k) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.) (prohibits discrimination because of sex in education programs or activities); 1) Drug Abuse Office and Treatment Act of 1972, as amended (21 U.S.C. § 1101 et seq.); and m) Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended (42 U.S.C. § 4541, et seq.). Page 219 of 853 Eagle Point S 0 L A R Bringing you the SUN SOLAR CONTRACT This Solar Contract (the "Contract") is made as of the "Effective Date") by and between City of Dubuque ("Customer -Public Works") of 50 West 131" Street, Dubuque, IA 52001 and Eagle Point Solar, LLC ("EPS") of 2400 Kerper Blvd. A-20, Dubuque, Iowa 52001. EPS desires to provide the services as fully described in Appendix A to Customer and Customer desires to obtain such services from EPS. THEREFORE, in consideration of the mutual promises set forth below, the parties agree as follows: 1. DESCRIPTION OF SERVICES AND SCOPE OF WORK. EPS will provide to Customer the following services (collectively, the "Services"): EPS shall provide all labor, materials, equipment and services necessary to complete the work to be done, as described in Appendix A. EPS will be responsible for managing all portions of the project. EPS is only responsible for furnishing any building improvements related to construction of the structure, but not related to landscaping, grading, walkways, painting, sewer or water systems, steps, driveways, patios and aprons, etc., unless they are specifically agreed to in writing. You will receive text messages with updates about your solar project progress. Message frequency varies depending on project stage. Message and data rates may apply. You can reply STOP at any time to cancel or HELP for assistance. If the Utility requires or the electrical inspector deems something needs to be upgraded, unsafe or in violation of National Electric Code Standards beyond the electrical work required for the solar array, the Customer is fully responsible for the cost of the required upgrades, repairs or improvements. 2. PLANS, SPECIFICATIONS AND CONSTRUCTION DOCUMENTS. EPS may request certain plans and specifications from Customer to assist in construction planning and installation. Any such materials shall remain the property of Customer. EPS will promptly return all such materials to Customer upon completion of the Services. 3. COMPLIANCE WITH LAWS. EPS shall provide the Services in a workmanlike manner, and in compliance with all applicable federal, state and local laws and regulations, including, but not limited to all provisions of the Fair Labor Standards Act, the Americans with Disabilities Act, and the Federal Family and Medical Leave Act. 4. WORK SITE. Customer warrants that Customer is authorized to enter into this contract. Prior to the start of construction, Customer shall provide access to building site. Page 1 Custcamer/�i A = PS Page 220 of 853 5. PAYMENT. Payment shall be made to EPS, 2400 Kerper Blvd. A-20, Dubuque, Iowa 52001. Customer agrees to pay the total sum of $81 116.00 as follows: $77,616.00 for Removal & Reinstall of Solar $3,500.00 for Off site Storage Down Payment: $24,334.80 (30% due at Contract signing). Progress Payments — Percentage of Completion Commencing 30 days from the effective date of the Contract, and for each subsequent 30-day period, ending only when the Final Payment becomes due, EPS will provide Customer an invoice equal to value of the work, as described in Appendix A, completed in the previous 30 calendar days. The value of the work completed will be equal to the percentage of the work completed, which shall be defined as, the actual accrued costs accumulated by EPS divided by the total estimated cost of the project, including but not limited to, labor, materials, equipment, permitting and interconnection, for the previous 30-day period, multiplied by 70% of the contract price, but not to exceed 90% of the total contract value. Final Payment: $8,111.16 (10% Due upon receipt of Permission To Operate (PTO) from the appropriate utility). All invoices are due upon receipt EPS prefers all payments to be made by check. If a credit card is the only available method of payment, EPS will accept Master Card and Visa. All credit card payments will be subjected to a 3 5% convenience fee. Past due accounts maybe subject to interest charges on the outstanding balance. Past due accounts maybe subject to a Contractor's Lien for non-payment. Customer Signature zt l� EPS Signature 7. CHANGE ORDER. Customer, or any allowed person, e.g. lender, public body, or inspector, may make changes to the scope of the work from time to time during the term of this Contract. However, any such change or modification shall only be made in a written "Change Order" which is signed and dated by both parties. Such Change Orders shall become part of this Contract. Customer agrees to pay any increase in the cost of the Construction work as a result of any written, dated and signed Change Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, EPS shalt estimate the cost thereof and Customer shall pay the actual cost whether or not this cost is in excess of the estimated cost. 8. PERMITS. EPS shall apply for and obtain any other necessary permits and licenses required by the local municipal/county government to do the work, the cost thereof shall be included as part of the Payment to EPS under this Contract. 9. INSURANCE. EPS shall provide insurance as described in the attached Insurance Schedule. Page 2 Customer)?�� E Page 221 of 853 10. WARRANTY. EPS shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in EPS's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to EPS on similar projects. EPS shall construct the solar array in conformance with the plans, specifications, and any breakdown and binder receipt signed by EPS and Customer. EPS will provide a 5-year installation warranty as described in Appendix B, in addition to supporting all applicable manufacturer warranties on parts/equipment. 11. ACCESS TO WORKSITE. Customer will allow free access to work areas for workers and vehicles and will allow areas for the storage of materials and debris. Driveways will be kept clear for the movement of vehicles during work hours. EPS will make reasonable efforts to protect driveways, lawns, shrubs, and other vegetation. EPS also agrees to keep the Worksite clean and orderly and to remove all debris as needed during the hours of work in order to maintain work conditions which do not cause health or safety hazards. 12. INSPECTION. Customer shall have the right to inspect all work performed under this Contract. All defects and uncompleted items shall be reported immediately. All work that needs to be inspected or tested and certified by an engineer as a condition of any government departments or other state agency, or inspected and certified by the local health officer, shall be done at each necessary stage of construction and before further construction can continue. 13. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract: a. The failure of Customer to make a required payment when due. b. The insolvency of either party or if either party shall, either voluntarily or involuntarily, become a debtor of or seek protection under Title 11 of the United States Bankruptcy Code. c. A lawsuit is brought on any claim, seizure, lien or levy for labor performed or materials used on or furnished to the project by either party, or there is a general assignment for the benefit of creditors, application or sale for or by any creditor or government agency brought against either party. The failure of Customer to make the building site available or the failure of EPS to deliver the Services in the time and manner provided for in this Contract. 14. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, but not be limited to, acts of God, fire, explosion, vandalism, storm, casualty, illness, injury, general unavailability of materials or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, terrorism, insurrections, riots, or wars, or strikes, lock -outs, work stoppages, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non- performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates. Page 3 Customer)" EPS Page 222 of 853 15. REMEDIES. In addition to any and all other rights a party may have available according to law of the State of Iowa, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detailthe nature of the default. The party receiving said notice shall have ten days from the effective date of said notice to cure the default(s) or begin substantial completion if completion cannot be made in ten days. Unless waived by a party providing notice, the failure to cure or begin curing, the default(s) within such time period shall result in the automatic termination of this Contract. 16. ENTIRE CONTRACT. This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. Any amendments must be in writing and signed by each party. This Contract supersedes any prior written or oral agreements between the parties. 17. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 18. AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by each party. 19. GOVERNING LAW. This Contract shall be construed in accordance with, and governed by the laws of State of Iowa, Dubuque County, without regard to any choice of law provisions of Iowa or any other jurisdiction. 20. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing. 21. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract. 22. SIGNATORIES. This Contract shall be signed on behalf of the City of Dubuque (Owners) and on behalf of EPS, Jim Pullen (President) and shall be effective as of the date first written ab v Cit of Dubuque Eag a Point Print Name Print Nam ,e' � () Date Date Page 4 Customer P5 A/// j. Page 223 of 853 NOTICE OF CANCELLATION. You may cancel this transaction, without any penalty or obligation, within three business days from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale and any negotiable instrument executed by you will be returned within ten days following receipt by EPS of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to EPS at your business or residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of EPS regarding the return shipment of the goods at EPS expense and risk. If you do make the goods available to EPS and the EPS does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available EPS, or if you agree to return the goods to EPS and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice to EPS, 2400 Kerper Blvd. A-20 Dubuque, IA 52001 NOT LATER THAN MIDNIGHT of the date that is THREE BUSINESS DAYS from the date you signed the Agreement. I, , hereby cancel this transaction on Page 5 Customer E Page 224 of 853 Appendix A Project Summary: Solar array to be installed at the following location: 925 Kerper Ct Dubuque,lA 52001 Project Scope: Includes transportation and storage of array The removal and reinstallation of the photovoltaic array will be completed in two phases. Phase One consists of the removal of the existing photovoltaic modules and racking components from the roofing structure. EPS will coordinate closely with the selected roofing contractor to minimize system downtime during the reroofing process. Roofing materials ("rock") will be removed by the roofing contractor, with assistance from EPS in and around the array area as needed. EPS will also be responsible for staging all removed materials at the City Garage. Following completion of the roof replacement, Phase Two will include the reinstallation of the photovoltaic array. EPS will reinstall the existing system and add new ballast blocks to the existing racking to accommodate the updated roof conditions. EPS shall repair or replace any parts of the array damaged during, removal, reinstallation, transportation or storage so that the array is in same condition after the Project is completed as it was before the Project commenced. Customer Responsibilities: • Provide an adequate internet connection for online monitoring functionality • Disclose property covenants and associations rules/regulations (when identified, EPS will put forth its best effort to abide by any parameters provided) • Utility required upgrades of the Customer's electrical service or transformer Page 6 Customer EP , Page 225 of 853 Appendix B 5 Year Limited Warranty Definition: Eagle Point Solar (EPS) provides a 5-year workmanship warranty for every customer for whom it installs a solar array. The 5-year period begins on the date of commissioning and is subject to the following terms: This warranty covers the work related to the installation of a solar array and completed by EPS- OR, sub -contractor approved by EPS. Items Covered by the Warranty: 1) For all solar arrays: a. Mounting hardware will be mounted securely to the mounting surface in accordance with all Federal, State and Local regulations. b. Railingwill be securely fastened to the mounting hardware per manufacturer's requirements. c. Modules wilt be securely fastened to the racking hardware per manufacturer's requirements. d. Electrical connections will be secure and operational. e. Production monitoring system operation (See Exclusions regarding Internet Service). 2) For a solar array mounted on the roof: a. The mounting hardware will not damage or cause the roof to leak. 3) For a solar array mounted on the ground: a. Piers or posts will remain securely in the original installation position. Exclusions: 1) Internet Service 2) Any interruption of customer's internet service by their service provider causing the solar array or the production monitoring system to malfunction. 3) Internet hardware failure by any customer owned hardware related to their internet service 4) In the event of one or more of the following AFTER PTO is granted, customer must re-establish communications with the new internet device: i. Changing your Internet Service Provider b. Replacing Internet Delivery Hardware (Web Router) c. Modifying site passwords 5) Failure to do so will result in your solar array being unable to communicate and cannot be monitored remotely. This can also impact reporting for certain incentives or rebates which Eagle Point Solar is not responsible for. Eagle Point Solar can assist in re-establishing communication at our normal hourly rate for service work if needed 6) Vegetation control 7) Acts of God 8) Array kWh production 9) Normal wear and tear to customer's property during installation 10) Equipment issues covered by a manufacturer's warranty 11) Preexisting property damage 12) Reassignment of customer Monitoring Portal permissions from EPS to other party(s) will immediately void 5 Year Limited Warranty Warranty claims: 1) EPS customer shall promptly notify EPS directly should a potential warranty claim be identified. EPS will at its discretion determine if such claim is valid and also the recourse plan of action. The recourse plan of action will be designed to repair the identified warrantied item to their state prior to the warranty claim and be completed in a reasonable time frame. �n Page 7 6ustaMeEPS Page 226 of 853 June 1, 2026 [NAME] Eagle Point Solar 2400 Kerper Blvd Suite A20, Dubuque, IA 52001 RE: Temporary Shutdown of Solar Array Due to Roof Maintenance Dear [NAME]: The City of Dubuque ("the City") is the owner of certain premises on which a solar array is installed and such solar array is owned by Eagle Point Energy —1, LLC ("EPE"), an affiliate of Eagle Point Solar ("EPS"). The City and EPE entered into a certain Solar License and Power Purchase Agreement date August 1, 2011 ("the PPA") that governs the ownership, maintenance, insurance, and energy purchase obligations of the parties with respect to the premises .and the solar array. The PPA provides that the parties "may, by mutual consent and with the written approval" of EPE's financing party, agree to an "alternative" fee methodology during a temporary shutdown. The City's premises are in need of maintenance, including the replacement of the roof, which necessitates the safe removal, storage, and reinstallation of the solar array and which necessitates a temporary shutdown of the solar array. The City and EPS desire to enter into a service contract for the removal, storage, and reinstallation of the solar array ("the Service Contract"). For all of these reasons, the City seeks EPS's acknowledgement, agreement, and consent that, notwithstanding Section 12 of the PPA, the Service contract constitutes an alternative fee methodology between the City and EPE for purposes of the PPA. If you are in agreement with the foregoing, please indicate your acknowledgement and acceptance by signature below and return one copy to the City's legal counsel, Barry Lindahl at City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA, 52001. FOR CITY OF DUB))UQUE: By Mike an Milligan, CityManager' [Acceptance on Next Page] Page 227 of 853 ACCEPTANCE Eagle Point Energy —1, LLC, by and through its Executive Officer, agrees and acknowledges that the foregoing Letter of Agreement and Consent constitutes an alternative fee methodology for purposes of the PPA. WITNESS my hand hereto on 1 '� , 2026 [NAME], [TITLE] EAGLE POINT ENERGY —1, LLC Subscribed and sworn to before me, a notary public in and for the State of Iowa, by [NAME], [TITLE], on A5 4h 0 F .f vh-k— , 2026. hPµl (S KAYLA M "M' °c Commisslon Number 866859 My Commission Expires ,P Au ust 15, 2028 4932-3570-8849-1 \1 0422-000 2 Notes Public Page 228 of 853 Sole Source Procurement Justification Form (Must be attached to Purchase Order in Finance Plus and Final Purchase Order for Payment) Signed forms only valid for 12 months A sole source procurement shall be avoided unless clearly necessary and justifiable. The City Manager or designee may exempt the purchase of goods or services from competitive selection processes when the purchase qualifies as a sole source procurement as a result of the following circumstances: 1. One vendor is the only one qualified or eligible or is quite obviously the most qualified or eligible to provide the good or service; or 2. The procurement is of such a specialized nature or related to a specific geographic location that only a single source, by virtue of experience, expertise, proximity, or ownership of intellectual property rights, could most satisfactorily provide the good or service; or 3. Applicable law requires, provides for, or permits use of a sole source procurement; or 4. The federal government or other provider of funds for the goods or service being purchased has imposed clear and specific restrictions on the use of the funds in a way that restricts the procurement to only one vendor; or 5. The procurement is a technology device that is systems software or an upgrade, or compatibility is the overriding consideration, or the procurement would prevent voidance or termination of a warranty, or the procurement would prevent default under a contract or other obligation. Department Public Works Contact Name Max O'Brien Vendor Eagle Point Solar Amount $ 81,116.00 Department Approval City Manager or Designee Approval Please complete the following with all sole source request: Date 06/01/2026 Date 06/09/2026 1) Is the vendor a known related party vendor to the City of Dubuque? ❑ Yes 8 No If yes relationship Date 06/16/2026 2) What is the item/service, and what functions do they serve? Removal, storage, and re installation of existing solar panels located on the Municipal Services Center building in preparation/coordination with the upcoming roof/replacement project. 3) Explain why the recommended vendor is the only one qualified to provide the requested item(s) at the exclusion of all others, i.e. what makes this vendor uniquely qualified? Eagle Point Solar is the vendor responsible for the maintenance and replacement of solar panels the City leases through separate agreement. 4) Describe the research that has been completed to ensure that no other competition exists. Provide names of vendors contacted who are unable to provide the item(s) or perform the service. Eagle Point Solar is the vendor responsible for the maintenance and replacement of solar panels the City leases through separate agreement. 5) How did you determine that the vendor's price was reasonable Discussions on anticipated costs and justifications with vendor, comparing to other similar projects in the area. Page 229 of 853 LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE COUNTY, IOWA This Lease Agreement (the Lease), dated for reference purposes the 1st day of July, 2026, is entered into by and between the City of Dubuque, Iowa (Landlord) whose address for the purpose of this Lease is 50 West 13th Street, Dubuque, IA 52001, and Dubuque County (Tenant) whose address for the purpose of this Lease is 720 Central Avenue, Dubuque, IA 52001. SECTION 1. PREMISES AND TERM. Landlord, in consideration of the rents, agreements, and conditions herein contained, leases to Tenant and Tenant leases from Landlord, according to the terms of this Lease, the following described premises (the Leased Premises) situated in Dubuque County, Iowa: Rooms 203, 204, 209, 210, 212, 213, 215, 217, 256, 267, 268, 272, and 273 which comprise four thousand four hundred eighty-five (4,485) square feet on the second floor Federal Building, located at 350 West 6th Street, Dubuque, Iowa 52001 72TO Use of conference room which is available to all tenants with the improvements thereon, and all rights, easements, and appurtenances, which, more particularly, include the space and premises as may be shown on attached "Exhibit A", for a term of one (1) year (the Term), commencing July 1, 2026 through June 30, 2027, upon the condition that Tenant pays rent therefor, and otherwise performs as in this Lease provided. SECTION 2. RENTAL. Tenant agrees to pay to Landlord as rental for the Term, as follows.. Monthly rent for the Leased Premises the sum of Six Thousand Three Hundred Sixty - Seven and 06/100 Dollars ($6,367.06) [$17.04/sq. ft./annum (the Base Rent)] commencing on July 1, 2026 and on the 1st day of each month thereafter during the Term of this Lease. All sums must be paid to the Finance Department at the address of Landlord, as above designated, or at such other place in Iowa, or elsewhere, as Landlord may, from time to time, designate in writing. Delinquent payments will draw interest at nine percent (9%) per annum from the due date, until paid. SECTION 3. POSSESSION. Tenant will be entitled to possession on the first day of the Term of this Lease and must yield possession to Landlord at the end of the Term, except as herein otherwise expressly provided. Should Landlord be unable to give possession on said date, Tenant's only damages will be a rebating of the pro rata rental. SECTION 4. USE OF PREMISES. Tenant covenants and agrees during the Term of this Lease to use and to occupy the Leased Premises only for business use of Juvenile 05212025bal Page 230 of 853 Services. SECTION 5. QUIET ENJOYMENT. Landlord covenants that its estate in said Leased Premises is in fee simple and that Tenant, if not in default, will peaceably have, hold, and enjoy the Leased Premises for the Term of this Lease. Landlord has the right to mortgage all of its rights, title, and interest in the Leased Premises at any time without notice, subject to this Lease. SECTION 6. EQUIPMENT, DECORATING, REPLACEMENT, REPAIR, AND MAINTENANCE. 6.1 Definitions. (1) "Maintain" means to clean and keep in good condition. (2) "Repair" means to fix and restore to good condition after damage, deterioration, or partial destruction. 6.2 Conditions of Premises. Tenant takes the Leased Premises in its present condition, except for such repairs and alterations as may be expressly otherwise provided in this Lease. 6.3 Repairs and Maintenance. (1) Landlord must replace and repair the structural parts of the building. For purposes of this Lease, the structural parts of the building are the foundation, exterior walls, load bearing components of interior floors and walls, the roof, and all sewers, pipes, wiring and electrical fixtures outside of the structure. (2) Landlord is responsible for maintenance of all common areas under Landlord's control. Tenant is responsible for all maintenance within the Leased Premises. (3) Each party must perform its responsibilities of repair and maintenance to the end that the Leased Premises will be kept in a safe and serviceable condition. Neither party will permit nor allow the Leased Premises to be damaged or depreciated in value by any act, omission to act, or negligence of itself, its agents, or employees. 6.4 Eauipment. Decoratina and Alterations. (1) The following items of equipment, furnishings, and fixtures will be supplied and replaced by the parties as follows: Blinds: Landlord Carpet: Landlord (2) Any equipment, furnishings, or fixtures to be supplied by Tenant are subject to Landlord's prior written approval as to quality and method of installation. Tenant 2 Page 231 of 853 will provide all trade equipment, furnishings, and fixtures used in connection with the operation of its business, such as telephones, computers, desks, chairs, shelving, and similar items. (3) Tenant is responsible for all interior decorating. Tenant may not make structural alterations or improvements without the prior written consent of Landlord. 6.5 Americans With Disabilities Act. Tenant will make no unlawful use of the Leased Premises and agrees to comply with all valid regulations of the Board of Health, City ordinances, the laws of the State of Iowa and the federal government, but this provision may not be construed as creating any duty by Tenant to members of the general public, provided, however, responsibility for compliance with the Americans with Disabilities Act will be performed and paid for by the parties as follows: Common areas Landlord: 100% Tenants' area: Initial compliance (specify) Landlord: 100% Future compliance Landlord: 100% SECTION 7. UTILITIES, SERVICES, PROPERTY TAXES. Utilities and services will be furnished and paid for by the parties as follows: PROVIDED BY: PAID BY: % Landlord % Tenant Electricity Landlord 100 0 Gas Landlord 100 0 Water and Sewer Landlord 100 0 Garbage/Trash Landlord 100 0 Janitor/Cleaning Tenant 0 100 Common areas Landlord 100 0 Property Taxes Tenant 0 100 Other: Tenant 0 100 Tenant agrees to pay to Landlord as additional rent an amount equal to real estate taxes upon the real estate of the Demised Premises that accrue during the Term of this Lease (including taxes accrued during the Term but not due and payable until after the Term), upon receipt of a statement from City, accompanied with all statements from any other taxing authority verifying the amount of such accrued taxes. SECTION 8. TERMINATION, SURRENDER OF PREMISES AT END OF TERM — REMOVAL OF FIXTURES. 8.1 Termination. This Lease will terminate upon expiration of the original Term subject to the following: 3 Page 232 of 853 a. Tenant may terminate this Lease for any or no reason upon not less than ninety (90) days' written notice delivered to Landlord. b. Landlord may terminate this Lease for any or no reason upon not less than ninety (90) days' written notice to Tenant. 8.2 Surrender. Tenant agrees that upon termination of this Lease it will surrender and deliver the Leased Premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of Tenant. 8.3 Holding Over. Continued possession by Tenant, beyond the expiration of its tenancy, coupled with the receipt of the specified rental by Landlord (and absent a written agreement by both parties for an extension of this Lease, or for a new lease) will constitute a month to month extension of this Lease. 8.4 Removal of Fixtures. Tenant may, at the expiration of its tenancy, if Tenant is not in default, remove any fixtures or equipment which Tenant has installed in the Leased Premises, providing Tenant repairs any and all damages caused by removal. SECTION 9. ASSIGNMENT AND SUBLETTING. Any assignment of this Lease or subletting of the Leased Premises or any part thereof, without Landlord's written permission will, at the option of Landlord, make the rental for the balance of the Lease Term due and payable at once. Such written permission may not be unreasonably withheld. SECTION 10. INSURANCE. 10.1 Property Insurance. Landlord and Tenant agree to insure their respective real and personal property for the full insurable value. Such insurance must cover losses included in the Insurance Services Official Broad Form Causes of Loss (formerly fire and extended coverage). 10.2 Liability Insurance. Tenant must at all times during the Term of this Lease maintain its membership in the Iowa Communities Assurance Pool or provide insurance as described in the attached Insurance Schedule A as such schedule may from time to time be revised by Landlord. 10.3 Certificates Of Insurance. Prior to the time this Lease takes effect Tenant will provide Landlord with a certificate of insurance with these property and liability insurance requirements as outlined in Insurance Schedule A, attached hereto. A renewal certificate must be provided prior to expiration of the current policies. 10.4 Acts by Tenant. Tenant will not do or omit doing of any act which would invalidate any insurance or increase the insurance rates in force on the Leased Premises. 10.5 Recommendations - Iowa Insurance Services Office. Tenant further agrees to comply with recommendations of Iowa Insurance Services Office and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and 0 Page 233 of 853 on the building of which said Leased Premises are a part, due to increased risks or hazards resulting from Tenant's use of the Leased Premises otherwise than as herein contemplated and agreed. 10.6 Copy of Lease to Insurer. Landlord and Tenant must each provide a copy of this Lease to their respective insurers. SECTION 11. LIABILITY FOR DAMAGE. Each party agrees it is liable to the other for all damage to the property of the other negligently, recklessly, or intentionally caused by that party, or their agents, employees, or invitees. SECTION 12. INDEMNITY. Tenant agrees to indemnify and hold harmless Landlord, its officers and employees, from and against any and all claims of any kind arising out of or related to Tenant's performance of its obligations in this Lease. SECTION 13. FIRE AND CASUALTY. 13.1 Partial Destruction of Premises. In the event of a partial destruction or damage of the Leased Premises, which is a business interference which prevents the conducting of a normal business operation and which damage is repairable within sixty (60) days after its occurrences, this Lease will not terminate but the rent for the Leased Premises will be abated during the time of such business interference. In the event of a partial destruction, Landlord will repair such damages within sixty (60) days of its occurrence unless prevented from doing so by acts of God, government regulations, or other causes beyond Landlord's reasonable control. 13.2 Zoning. Should the zoning ordinance of the municipality in which this property is located make it impossible for Landlord to repair or rebuild so that Tenant is not able to conduct its business on the Leased Premises, then such partial destruction will be treated as a total destruction as provided in Section 13.3. 13.3 Total Destruction of Business Use. In the event of a destruction or damage of the Leased Premises that is not the fault of Tenant, including the parking area (if parking area is a part of this Lease) so that Tenant is not able to conduct its business on the Leased Premises or the then current legal use for which the Leased Premises are being used and which damages cannot be repaired within sixty (60) days, this Lease may be terminated at the option of either Landlord or Tenant. Such termination in such event will be affected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant must surrender possession within ten (10) days after such notice issues and each party will be released from all future obligations, and Tenant must pay rent pro rata only to the date of such destruction. In the event of such termination of this Lease, Landlord at its option, may rebuild or not, at its discretion. SECTION 14. CONDEMNATION. 14.1 Disposition of Awards. Should the whole or any part of the Leased Premises be condemned or taken for any public or quasi -public purpose, each party is entitled to retain, as its own property, any award payable to it. Or in the event that a single entire award is made on account of the condemnation, each party will then be entitled to take such 5 Page 234 of 853 proportion of said award as may be fair and reasonable. 14.2 Date of Lease Termination. If the whole of the Leased Premises is condemned or taken, Landlord will not be liable to Tenant except and as its rights are preserved in Section 13.1. SECTION 15. DEFAULT, NOTICE OF DEFAULT AND REMEDIES. 15.1 Events of Default. Each of the following constitutes an event of default by Tenant: (1) Failure to pay rent when due; (2) Failure to observe or perform any duties, obligations, agreements, or conditions imposed on Tenant pursuant to terms of the Lease; (3) Abandonment of the Leased Premises. "Abandonment" means Tenant has failed to engage in its usual and customary business activities on the Leased Premises for more than fifteen (15) consecutive business days; (4) Institution of voluntary bankruptcy proceedings in which the Court orders relief against Tenant as a debtor; assignment for the benefit of creditors of the interest of Tenant under this Lease; appointment of a receiver for the property or affairs of Tenant, where the receivership is not vacated within ten (10) days after the appointment of the receiver. 15.2 Notice of Default. Landlord must give Tenant a written notice specifying the default and giving Tenant ten (10) days in which to correct the default. If there is a default (other than for nonpayment of a monetary obligation of Tenant, including rent) that cannot be remedied in ten (10) days by diligent efforts of Tenant, Tenant must propose an additional period of time in which to remedy the default. Consent to additional time may not be unreasonably withheld by Landlord. Landlord is not required to give Tenant any more than three (3) notices for the same default within any three hundred sixty-five (365) day period. 15.3 Remedies. In the event Tenant has not remedied a default in a timely manner following a Notice of Default, Landlord may proceed with all available remedies at law or in equity, including but not limited to the following: (1) Termination. Landlord may declare this Lease to be terminated and must give Tenant a written notice of such termination. In the event of termination of this Lease, Landlord is entitled to prove claim for and obtain judgment against Tenant for the balance of the rent agreed to be paid for the Term herein provided, plus all expenses of Landlord in regaining possession of the Leased Premises and the reletting thereof, including attorney's fees and court costs, crediting against such claim, however, any amount obtained by reason of such reletting. (2) Forfeiture. If a default is not remedied in a timely manner, Landlord may A Page 235 of 853 then declare this Lease to be forfeited and must give Tenant a written notice of such forfeiture, and may, at the time, give Tenant the notice to quit provided for in Chapter 648 of the Iowa Code. SECTION 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default is made by either party in the performance of, or compliance with, any of the terms or conditions of this Lease, and such default continues for thirty (30) days after written notice thereof from one party to the other, the person aggrieved, in addition to all other remedies now or hereafter provided by law, may, but need not, perform such term or condition, or make good such default and any amount advanced will be repaid forthwith on demand, together with interest at the rate of nine percent (9%) per annum, from date of advance. SECTION 17. SIGNS. Tenant may not attach, paint, or exhibit any signs on the Leased Premises. SECTION 18. MECHANIC'S LIENS. Neither Tenant nor anyone claiming by, through, or under Tenant, may file or place any mechanic's liens or other lien of any kind or character whatsoever, upon said Leased Premises or upon any building or improvement thereon, or upon the leasehold interest of Tenant, and notice is hereby given that no contractor, sub -contractor, or anyone else who may furnish any material, service or labor for any building, improvements, alteration, repairs, or any part thereof, may at any time be or become entitled to any lien on the Leased Premises, and for the further security of Landlord, Tenant covenants and agrees to give actual notice thereof in advance, to any and all contractors and sub -contractors who may furnish or agree to furnish any such material, service, or labor. SECTION 19. LANDLORD'S LIEN AND SECURITY INTEREST. Landlord will have, in addition to any lien given by law, a security interest as provided by the Uniform Commercial Code of Iowa, upon all personal property and all substitutions thereof, kept and used on said Leased Premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this Lease for the recovery of rent, or for termination of this Lease because of Tenant's default in its performance. SECTION 20. ENVIRONMENTAL. 20.1 Landlord. To the best of Landlord's knowledge to date- (1) Neither Landlord nor Landlord's former or present tenants are subject to any investigation concerning the Leased Premises by any governmental authority under any applicable federal, state, or local codes, rules, and regulations pertaining to air and water quality, the handling, transportation, storage, treatment, usage, or disposal of toxic or hazardous substances, air emissions, other environmental matters, and all zoning and other land use matters; (2) Any handling, transportation, storage, treatment, or use of toxic or hazardous substances that has occurred on the Leased Premises has been in compliance with all applicable federal, state, and local codes, rules, and regulations; 7 Page 236 of 853 (3) No leak, spill release, discharge, emission, or disposal of toxic or hazardous substances has occurred on the Leased Premises; (4) The soil, groundwater, and soil vapor on or under the Leased Premises is free of toxic or hazardous substances; and (5) Landlord assumes liability and will indemnify and hold Tenant harmless against all liability or expense arising from any condition which existed, whether known or unknown, at the time of execution of the Lease which condition is not a result of actions of Tenant or which condition arises after date of execution, but which is not a result of actions of Tenant. 20.2 Tenant. Tenant expressly represents and agrees: (1) During the Lease Term, Tenant's use of the Leased Premises will not include the use of any hazardous substance without Tenant first obtaining the written consent of Landlord. Tenant understands and agrees that Landlord's consent is at Landlord's sole option and complete discretion and that such consent may be withheld or may be granted with any conditions or requirements that Landlord deems appropriate; (2) During the Lease Term, Tenant will be fully liable for all costs and expenses related to the use, storage, removal, and disposal of hazardous substances used or kept on the Leased Premises by Tenant, and Tenant must give immediate notice to Landlord of any violation or any potential violation of any environmental regulation, rule, statute, or ordinance relating to the use, storage, or disposal of any hazardous substance; (3) Tenant, at its sole cost and expense, agrees to remediate, correct, or remove from the Leased Premises any contamination of the property caused by any hazardous substances which have been used or permitted by Tenant on the Leased Premises during any term of this Lease. Remediation, correction, or removal must be in a safe and reasonable manner, and in conformance with all applicable laws, rules, and regulations. Tenant reserves all rights allowed by law to seek indemnity or contribution from any person, other than Landlord, who is or may be liable for any such cost and expense; and (4) Tenant agrees to indemnify and hold Landlord harmless from and against all claims, causes of action, damages, loss, costs, expense, penalties, fines, lawsuits, liabilities, attorney fees, engineering and consulting fees, arising out of or in any manner connected with hazardous substances, which are caused or created by Tenant on or after the date of this Lease and during any term of this Lease, including, but not limited to, injury or death to persons or damage to property, and including any diminution of the value of any Leased Premises which may result from the foregoing. This indemnity will survive the cessation, termination, abandonment, or expiration of this Lease. SECTION 21. SUBSTITUTION OF EQUIPMENT, MERCHANDISE, ETC. n. Page 237 of 853 21.1 Tenant's Property. During its tenancy, Tenant has the right to sell or otherwise dispose of any personal property of Tenant situated on the Leased Premises, when in the judgment of Tenant it has become obsolete, outworn, or unnecessary in connection with the operation of the business on the Leased Premises; provided, however, that Tenant must, in such instance (unless no substituted article or item is necessary) at its own expense, substitute for such items a new or other item in substitution thereof, in like or greater value. 21.2 Inventory. Nothing herein contained will be construed as denying Tenant the right to dispose of inventoried merchandise in the ordinary course of Tenant's trade or business. SECTION 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections, and remedies of either party, provided in this Lease, will be construed as cumulative and no one of them as exclusive of the others, or exclusive of any rights, remedies, or priorities allowed either party by law, and may in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied, or undischarged. SECTION 23. NOTICES AND DEMANDS. All notices, demands, or other writings in this Lease provided to be given or made or sent, or that may be given or made or sent, by either party to the other, will be deemed to have been fully given or made or sent when made in writing and deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered, and postage prepaid, and addressed as follows: TO LANDLORD: City of Dubuque, Iowa c/o City Manager City Hall 50 West 131" Street Dubuque, Iowa 52001 TO TENANT: Harley Pothoff c/o Dubuque County Board of Supervisors 720 Central Avenue Dubuque, Iowa 52001 SECTION 24. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, will be construed as in the singular or plural number, and as masculine, feminine, or neuter gender according to the context. SECTION 25. COMPLIANCE WITH LAW. During the term of this Lease, Tenant must comply with all laws applicable to Tenant's use of the Leased Premises. Tenant is responsible for compliance with all applicable laws, statutes, rules, regulations, and ordinances which may apply to the performance of Tenant's obligations under this Agreement, including but not limited to the laws outlined in Exhibit B, and hereby represents and warrants that Tenant is in compliance with the same as of the Lease Agreement Date and further represents that during the Term Tenant will remain in 9 Page 238 of 853 compliance. Tenant shall require all contractors and subcontractors providing services under this Agreement shall also certify compliance with this Section. Tenant further represents and warrants that Tenant has obtained all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Agreement, including any permits and licenses that might be required by the state or locality in which Tenant performs the Services, and Tenant agrees to maintain, at Tenant's sole expense, such required permits and licenses for the duration of the term(s) of this Agreement. SECTION 26. MISCELLANEOUS. 26.1 Governing Law. It is agreed that this Lease will be governed by, construed, and enforced in accordance with the laws of the State of Iowa. 26.2 Paragraph Headings. The titles to the paragraphs of this Lease are solely for the convenience of the parties and will not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Lease. 26.3 Modification of Agreement. Any modification of this Lease or additional obligation assumed by either party in connection with this Lease will be binding only if evidenced in writing signed by each party or an authorized representative of each party. 26.4 Parties Bound. This Lease binds and inures to the benefit of and applies to the respective successors and assigns of Landlord and Tenant. All references in this Lease to "Landlord" or "Tenant" will be deemed to refer to and include successors and assigns of Landlord and Tenant without specific mention of such successors or assigns. SECTION 27. FORCE MAJEURE. A party shall be excused from its obligations under this Agreement if and to the extent and during such time as the party is prevented, impeded, or hindered, unable to perform its obligations or is delayed in doing so due to events or conditions outside of the party's reasonable control and after the party has taken reasonable steps to avoid or mitigate such event or its consequences (each a "Force Majeure Event") including, without limitation in any way, as the result of any acts of God, war, fire, or other casualty, riot, civil unrest, extreme weather conditions, terrorism, strikes and/or labor disputes, pandemic, epidemic, quarantines, government stay-at-home orders, municipal and other government orders, or other matter beyond the control of such party. Upon the occurrence of a Force Majeure Event, the party incurring such Force Majeure Event will promptly give notice to the other party identifying the Force Majeure Event, explaining how it impacts performance and the estimated duration, identifying the relief requested, agreeing to limit damages to the other party and to immediately resume performance upon termination of the Force Majeure Event, and agreeing to supplement the notice as more information becomes available, and thereafter the parties shall meet and confer in good faith in order to identify a cure of the condition affecting its performance as expeditiously as possible. No obligation to make a payment required by this Agreement is excused by a Force Majeure Event. The nonperforming party shall not be entitled to any damages or additional payments of any kind for any such delay. 10 Page 239 of 853 CITY OF DUBUQUE LANDLORD By: Michael C. Van Milligen City Manager DUBUQUE COUNTY BOARD OF SUPERVISORS, TENANT 06e� V. Tbtho f j By. Harley V Po off (Jun 16. 2026 1:31:02 CDT) Harley Pothoff Chairperson 11 Page 240 of 853 `fi Page 241 of 853 EXHIBIT A THE LEASED PREMISES 13 Page 242 of 853 I LL UJ ADDS M! Page 243 of 853 INSURANCE SCHEDULE A CITY OF DUBUQUE INSURANCE REQUIREMENTS FOR LESSEES OF CITY PROPERTY AND RIGHT OF WAY LICENSEES OR PERMITTEES 15 Page 244 of 853 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees CITY - INSURANCE SCHEDULE A Lessee shall furnish a signed certificate of insurance tothe City of Dubuque forth e 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 07/01/2026 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. 131" 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. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the 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 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 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 anytime. 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. Page 245 of 853 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 (anyone occurrence) $ 50,000 Medical Payments $ 5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners from BP 00 02. All deviations from the standard ISO commercial general liabilityform CG 00 01, or business owners form BP 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 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`" W. 13`" 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 Chapter85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee - Disease $100,000 Policy Limit — Disease $500,000 Policy shall include Waiver of right to Recover from Others Endorsement. Page 246 of 853 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 x No Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If permittees do not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others Endorsement. D. POLLUTION LIABILITY Coverage Required: Yes x No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO 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. Page 247 of 853 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A (continued) E. PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT X Yes No Amount $ Full Insurable Amount Include the City of Dubuque as Lendor Loss Payable. F. RIGHT-OF-WAY WORK ONLY- UMBRELLA/EXCESS X Yes No $1,000,000 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 x No If Required Coverage: $ Page 248 of 853 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 foryour 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 anytime 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 policyfor 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 249 of 853 EXHIBIT B LEGAL COMPLIANCE a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); c) Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq), (prohibits discrimination on the basis of age); f) Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); g) The Civil Rights Restoration Act of 1987, (PL 100-209); (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964 to include that entities that receive federal funding must comply with civil rights legislation, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, in all operations, not just in the program or activity receiving federal funding); h) Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; i) The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); j) Section 1557of the Affordable Care Act (prohibits discrimination on the basis of national origin); k) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.) (prohibits discrimination because of sex in education programs or activities); i) Drug Abuse Office and Treatment Act of 1972, as amended (21 U.S.C. § 1101 et seq.); and m) Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended (42 U.S.C. § 4541, et seq.). li[ Page 250 of 853 THE Cjig)jE D Masterpiece on the Mississippi CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT City of Dubuque Dept: Parks & Recreation 50 W. 1311 Street Dubuque, IA 52001 Phone # 563-589-4263 THIS VENDOR SERVICE AGREEMENT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and Runde Electric LLC (Vendor) at (Vendor Name) 148 State Road 35, Hazel Green, WI. 53811 (Vendor Address - City and State) PROJECT TITLE: Five Flags Theater Fire Escape Light Fixture Replacement (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: install/replace 7 new light fixtures located in proximatey to the fire escape The work described above shall be completed at the following location(s): Five Flags Theater The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. Page 1 of 14 Page 251 of 853 2. Contract Documents shall mean and include the following where applicable: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • Insurance Schedule G for Vendors (Exhibit B) or Insurance Schedule J for Professional Services (Exhibit C). Check Appropriate Box 0 Insurance Schedule G — Vendors ❑ Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 6. The Vendor shall fully complete the Project under this Contract on or before June 29, 2026 (DATE) 7. Indemnification; Liability for City Damage A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Page 2 of 14 Page 252 of 853 B. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 8. Prior to the commencement of any work on this Project and at all times during the performance of this Contract, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule G or Insurance Schedule J attached to this Contract. Check Appropriate Box 0 Insurance Schedule G — Vendors ❑ Insurance Schedule J — Professional Services 9. The Vendor agrees that no work under this Contract shall commence until the City has authorized said work in writing. Any work started by the Vendor prior the City authorization shall be considered unauthorized and done at the sole risk to the Vendor. 10. Vendor will comply with all federal, state, and local laws and regulations in the performance of this Contract. 11. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice delivered to the Vendor. 12. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be the Iowa District Court for Dubuque County. THE CITY AGREES: Upon the completion of this Contract, and the acceptance of the Project by the City Manager, the City agrees to pay the Vendor as full compensation for the complete performance of this Contract, the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT $ 3,575 CITY OF D°UBUQUE, IOWA By: L�� Michael C. Van Milligen City Manager VENDOR: Runde Electric LLC Date Company Name By: Sig ture Tony Runde Printed Name President Title Page 3 of 14 05/28/2026 Date Page 253 of 853 VENDOR ACKNOWLEDGEMENT OF ATTACHED SPECIAL CONDITIONS: By: Signcdure Tony Runde Printed Name President Title 05/28/2026 Date Page 4 of 14 Page 254 of 853 EXHIBIT A TERMS AND CONDITIONS The following Terms and Conditions apply to City of Dubuque Transactions: 1. The City of Dubuque is exempt from federal excise tax and Iowa sales tax. 2. The City of Dubuque will not be responsible for payment for any goods delivered without a purchase order. 3. The vendor will send a separate invoice for each purchase order number. All invoices, packages, shipping notices, or the like affecting the order shall contain the applicable purchase order number. The vendor is to submit original invoice to the address shown in the SHIP TO section on the front of this order. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized. 5. It is understood by the vendor that the cash discount period to the City of Dubuque will date from the receipt of the invoice or from the date of the receipt of the goods, whichever is later. 6. The risk of loss of and damage to the goods which are the subject of this order, regardless of the F.O.B. point, is and will remain with the vendor until the goods are delivered to the destination set out in the order and accepted by the City of Dubuque or the authorized City of Dubuque representative. 7. In the event of the vendor's failure to deliver as and when specified, or to perform as and when specified, the City of Dubuque reserves the right to cancel this order, or any part thereof, without prejudice to its other rights, and the vendor agrees that the City of Dubuque may return part or all of any shipment so made and may charge the vendor with any loss expense sustained as a result of such failure to deliver or to perform. 8. In the event any article, service, or process sold, delivered and/or performed hereunder is covered by any patent, copyright, or application for either, the vendor will indemnify and save harmless the City of Dubuque from any and all loss, cost, or expenses on account of any and all claims, suits, or judgments on account of the use or sale of such article or the use of such service or process in violation of such patent, copyright or application for either. 9. In the event any article, service, or process sold and delivered or sold and performed hereunder is defective in any respect whatsoever, the vendor will indemnify and save harmless the City of Dubuque from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to person or property that may happen or occur in connection with the use or sale of such article, or process and are contributed to by said defective condition. Page 5 of 14 Page 255 of 853 10.The vendor agrees not to release any advertising copy mentioning the City of Dubuque or quoting the opinion of any City of Dubuque employee without the prior written authorization from the City of Dubuque. 11.The vendor represents and warrants that no federal or state statute or regulation, or local municipal ordinance has been or will be violated in the manufacturing, sale and delivery hereunder. If such violation has or does occur, the vendor will indemnify and save harmless the City of Dubuque from all loss, penalties, or payment of all sums of money on account of such violation. 12.The City of Dubuque may at any time insist upon strict compliance with these terms and conditions notwithstanding any previous custom, practice, or course of dealing to the contrary. 13. The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of the vendor's proposal, and are not subject to change by reason of any written or verbal statements by the vendor or by any terms stated in the vendor's acknowledgement unless same be accepted in writing by the City of Dubuque. 14. Current Safety Data Sheets (SDS), when applicable to the order, must be provided by the vendor in accordance with all regulations. Page 6 of 14 Page 256 of 853 EXHIBIT B INSURANCE SCHEDULE G 1. Vendor shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Vendor Service Agreement dated 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. The service provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Director of Finance and Budget. The service provider must identify or list in writing all deviations and exclusions from the ISO form. 8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this agreement's required limits. 9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Vendor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Vendor. 10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number, and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to written mutual agreement attached hereto. Page 7 of 14 Page 257 of 853 INSURANCE SCHEDULE G (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others endorsement. 7) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, 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 Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers' Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 8 of 14 Page 258 of 853 C) D) E) F) INSURANCE SCHEDULE G (continued) POLLUTION LIABILITY Coverage required: _ Yes _ No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) or its equivalent and CG 20 37(competed operations). 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. PROFESSIONAL LIABILITY $1,000,000 Coverage required: _ Yes _ No If the required policy provides claims -made coverage: 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. 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. UMBRELLA/EXCESS Coverage required: Yes No $1,000,000 The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. Page 9 of 14 Page 259 of 853 Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 10 of 14 Page 260 of 853 EXHIBIT C INSURANCE SCHEDULE J shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Project # or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub-subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. 8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. 9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to written mutual agreement attached hereto. Page 11 of 14 Page 261 of 853 INSURANCE SCHEDULE J (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 4) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 26. 5) Policy shall include Waiver of Right to Recover from Others endorsement. 6) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13t" Street Dubuque, Iowa 52001. B) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR Page 12 of 14 Page 262 of 853 If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. D) UMBRELLA/EXCESS LIABILITY $1,000,000 The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. E) PROFESSIONAL LIABILITY $2,000,000 If the required policy provides claims -made coverage: 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. F) CYBER LIABILITY/BREACH $1,000,000 Yes _ No Coverage for First and Third Party breach liability including but not limited to lost data and restoration, loss of income and cyber breach of information. Page 13 of 14 Page 263 of 853 Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 14 of 14 Page 264 of 853 LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND This Lease Agreement (the Lease), dated for reference purposes July 1, 2026, is entered into by and between the City of Dubuque, Iowa (Landlord) whose address for the purpose of this Lease is 50 West 13th Street, Dubuque IA 52001, Hillcrest Family Services (Tenant) whose address for the purpose of this Lease is 2005 Asbury Rd, Dubuque 52001. SECTION 1. PREMISES AND TERM. Landlord, in consideration of the rents, agreements, and conditions herein contained, leases to Tenant and Tenant leases from Landlord, according to the terms of this Lease, the following described premises (the Leased Premises) situated in Dubuque County, Iowa: 84 sq. feet, second floor Federal Building, located at 350 West 6th Street, Dubuque, IA, 52001, Room 330 with the improvements thereon, and all rights, easements and appurtenances, which, more particularly, includes the space and premises as may be shown on attached Exhibit A, for a term of one year (the Term), commencing July 1, 2026, and ending at midnight on June 30, 2027, subject to Section 8.1, upon the condition that Tenant pays rent therefor, and otherwise performs as in this Lease provided. SECTION 2. RENTAL. Tenant agrees to pay to Landlord $15.19 per square foot as rental for the Term, as follows: 2.1 Tenant shall pay to Landlord as monthly rent for the Leased Premises the sum of One Hundred Six and 32/100 dollars ($106.32) (the "Rent") commencing on July 1, 2026, and on the 1st day of each month thereafter during the Term of this Lease. 2.3 All sums must be paid to the Finance Department at the address of the Landlord, as above designated, or at such other place in Iowa, or elsewhere, as Landlord may, from time to time, designate in writing. Delinquent payments will draw interest at 9% per annum from the due date, until paid. SECTION 3. POSSESSION. Tenant will be entitled to possession on the first day of the Term of this Lease and must yield possession to Landlord at the end of the Term, except as herein otherwise expressly provided. Should Landlord be unable to give possession on said date, Tenant's only damages will be a rebating of the pro rata rental. SECTION 4. USE OF PREMISES. Tenant covenants and agrees during the Term of this Lease to use and to occupy the Leased Premises only for business use. �l Page 265 of 853 SECTION 5. QUIET ENJOYMENT. Landlord covenants that its estate in said Leased Premises is in fee simple and that Tenant, if not in default, will peaceably have, hold and enjoy the Leased Premises for the Term of this Lease. Landlord has the right to mortgage all of its right, title, and interest in the Leased Premises at any time without notice, subject to this Lease. SECTION 6. EQUIPMENT, DECORATING, REPLACEMENT, REPAIR AND MAINTENANCE. 6.1 Definitions. (1) "Maintain" means to clean and keep in good condition. (2) "Repair" means to fix and restore to good condition after damage, deterioration or partial destruction. 6.2 Conditions of Premises. (1) Tenant takes the Leased Premises in its present condition, except for such repairs and alterations as may be expressly otherwise provided in this Lease. 6.3 Repairs and Maintenance. (1) Landlord must replace and repair the structural parts of the building. For purposes of this Lease, the structural parts of the building are the foundation, exterior walls, load bearing components of interior floors and walls, the roof and all sewers, pipes, wiring and electrical fixtures outside of the structure. (2) Landlord is responsible for maintenance of all common area under Landlord's control. Tenant is responsible for all maintenance within the Leased Premises. (3) Each party must perform its responsibilities of repair and maintenance to the end that the Leased Premises will be kept in a safe and serviceable condition. Neither party will permit nor allow the Leased Premises to be damaged or depreciated in value by any act, omission to act, or negligence of itself, its agents or employees. 6.4 Equipment, Decorating and Alterations. (1) The space shall be used as an office. Landlord will replace the window coverings and provide access to high-speed internet. Landlord will also put Tenant's name on the office door in the leased space. (2) Any equipment, furnishings or fixtures to be supplied by Tenant shall be 2 I (W) Page 266 of 853 subject to Landlord's prior written approval as to quality and method of installation. Tenant will provide all trade equipment, furnishings and fixtures used in connection with the operation of its business, such as telephones, computers, desks, chairs, shelving and similar items. (3) Tenant is responsible for all interior decorating. Tenant will make no structural alterations or improvements without the prior written consent of the Landlord. 6.5 Americans With Disabilities Act. (1) Tenant will make no unlawful use of the Leased Premises and agrees to comply with all valid regulations of the Board of Health, City Ordinances, the laws of the State of Iowa and the federal government, but this provision may not be construed as creating any duty by Tenant to members of the general public, provided, however, responsibility for compliance with the Americans with Disabilities Act will be performed and paid for by the parties as follows: Common areas Landlord: 100% Tenant's area: Initial compliance (specify) Landlord: 100% Future compliance Landlord: 100% SECTION 7. UTILITIES, SERVICES, PROPERTY TAXES. Utilities and services will be furnished and paid for by the parties as follows: --• e 9 Electricity Landlord Gas Landlord Water and Sewer Landlord Garbage/Trash Landlord Phone access* Landlord Property Taxes Tenant Janitor/Cleaning Tenant Common areas Landlord Other: Tenant *Tenant buys phones and email system. % Landlord % Tenant 100 0 100 0 100 0 100 0 100 0 0 100 0 100 100 0 0 100 Tenant agrees to pay to Landlord as additional rent an amount equal to real estate taxes upon the real estate of the Demised Premises that accrue during the Term of this Lease (including taxes accrued during the Term but not due and payable until after the Term), upon receipt of a statement from City, accompanied with all statements from any other taxing authority verifying the amount of such accrued taxes. Page 267 of 853 SECTION 8. TERMINATION, SURRENDER OF PREMISES AT END OF TERM - REMOVAL OF FIXTURES. 8.1 Termination. This Lease will terminate upon expiration of the original Term, subject to the following: a. Tenant may terminate this Lease for any or no reason and at any time upon not less than ninety (90) days written notice delivered to Landlord. b. Landlord may terminate this Lease for any or no reason and at any time upon not less than ninety (90) days written notice delivered to Tenant. 8.2 Surrender. Tenant agrees that upon termination of this Lease it will surrender and deliver the Leased Premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of Tenant. 8.3 Holding Over. Continued possession by Tenant, beyond the expiration of its tenancy, coupled with the receipt of the specified rental by Landlord (and absent a written agreement by both parties for an extension of this Lease, or for a new lease) will constitute a month -to -month extension of this Lease. 8.4 Removal of Fixtures. Tenant may, at the expiration of its tenancy, if Tenant is not in default, remove any fixtures or equipment which Tenant has installed in the Leased Premises, providing Tenant repairs any and all damages caused by removal. SECTION 9. ASSIGNMENT AND SUBLETTING. Any assignment of this Lease or subletting of the Leased Premises or any part thereof, without the Landlord's written permission will, at the option of Landlord, make the rental for the balance of the Lease Term due and payable at once. Such written permission may not be unreasonably withheld. SECTION 10. INSURANCE. 10.1 Property Insurance. Landlord and Tenant agree to insure their respective real and personal property for the full insurable value. Such insurance must cover losses included in the Insurance Services Official Broad Form Causes of Loss (formerly fire and extended coverage). 10.2 Liability Insurance. Tenant must at all times during the Term of this Lease provide insurance as described in the attached Insurance Schedule A as such schedule may from time to time be revised by Landlord. 4 Page 268 of 853 10.3 Certificates Of Insurance. Prior to the time this Lease takes effect Tenant will provide Landlord with a certificate of insurance with these property and liability insurance requirements as outlined in Insurance Schedule A, attached hereto. A renewal certificate must be provided prior to expiration of the current policies. 10.4 Acts by Tenant. Tenant will not do or omit doing of any act which would invalidate any insurance or increase the insurance rates in force on the Leased Premises. 10.5 Recommendations - Iowa Insurance Services Office. Tenant further agrees to comply with recommendations of Iowa Insurance Services Office and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and on the building of which said Leased Premises are a part, due to increased risks or hazards resulting from Tenant's use of the Leased Premises otherwise than as herein contemplated and agreed. 10.6 Copy of Lease to Insurer. Landlord and Tenant must each provide a copy of this Lease to their respective insurers. SECTION 11. LIABILITY FOR DAMAGE. Each party agrees it is liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party, or their agents, employees or invitees). SECTION 12. INDEMNITY. Tenant agrees to indemnify and hold harmless Landlord, its officers and employees, from and against any and all claims of any kind arising out of or related to Tenant's performance of its obligations in this Lease. 13.1 Partial Destruction of Premises. In the event of a partial destruction or damage of the Leased Premises, which is a business interference which prevents the conducting of a normal business operation and which damage is repairable within sixty (60) days after its occurrences, this Lease will not terminate but the rent for the Leased Premises will be abated during the time of such business interference. In the event of a partial destruction, Landlord will repair such damages within sixty (60) days of its occurrence unless prevented from doing so by acts of God, government regulations, or other causes beyond Landlord's reasonable control. 13.2 Zoning. Should the zoning ordinance of the municipality in which this property is located make it impossible for Landlord to repair or rebuild so that Tenant is not able to conduct its business on the Leased Premises, then such partial destruction will be treated as a total destruction as provided in the next paragraph. 13.3 Total Destruction of Business Use. In the event of a destruction or damage of the Leased Premises that is not the fault of Tenant including the parking area (if parking area is a part of this Lease) so that Tenant is not able to conduct its business on the 5 9// Page 269 of 853 Leased Premises or the then current legal use for which the Leased Premises are being used and which damages cannot be repaired within sixty (60) days, this Lease may be terminated at the option of either Landlord or Tenant. Such termination in such event will be affected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant must surrender possession within ten (10) days after such notice issues and each party will be released from all future obligations, and Tenant must pay rent pro rata only to the date of such destruction. In the event of such termination of this Lease, Landlord at its option, may rebuild or not, at its discretion. M *Q 1 ISUL Ri C11+MM i i '► _ • 14.1 Disposition of Awards. Should the whole or any part of the Leased Premises be condemned or taken for any public or quasi -public purpose, each party is entitled to retain, as its own property, any award payable to it. Or in the event that a single entire award is made on account of the condemnation, each party will then be entitled to take such proportion of said award as may be fair and reasonable. 14.2 Date of Lease Termination. If the whole of the Leased Premises shall be condemned or taken, Landlord will not -be -liable to -Tenant except -and as its rights are ___ preserved in paragraph 13.1 above. 15.1 Events of Default. Each of the following constitutes an event of default by Tenant: (1) Failure to pay rent when due. (2) Failure to observe or perform any duties, obligations, agreements or conditions imposed on Tenant pursuant to terms of the Lease. (3) Abandonment of the Leased Premises. "Abandonment" means Tenant has failed to engage in its usual and customary business activities on the Leased Premises for more than fifteen (15) consecutive business days. (4) Institution of voluntary bankruptcy proceedings in which the Court orders relief against Tenant as a debtor; assignment for the benefit of creditors of the interest of Tenant under this Lease agreement; appointment of a receiver for the property or affairs of Tenant, where the receivership is not vacated within ten (10) days after the appointment of the receiver. 15.2 Notice of Default. Landlord must give Tenant a written notice specifying the default and giving Tenant ten (10) days in which to correct the default. If there is a default (other than for nonpayment of a monetary obligation of Tenant, including rent) that cannot be remedied in ten (10) days by diligent efforts of Tenant, Tenant must propose an additional period of time in which to remedy the default. Consent to Page 270 of 853 additional time may not be unreasonably withheld by Landlord. Landlord is not required to give Tenant any more than three notices for the same default within any three hundred sixty-five (365)-day period. 15.3 Remedies. In the event Tenant has not remedied a default in a timely manner following a Notice of Default, Landlord may proceed with all available remedies at law or in equity, including but not limited to the following: (1) Termination. Landlord may declare this Lease to be terminated and must give Tenant a written notice of such termination. In the event of termination of this Lease, Landlord is entitled to prove claim for and obtain judgment against Tenant for the balance of the rent agreed to be paid for the Term herein provided, plus all expenses of Landlord in regaining possession of the Leased Premises and the reletting thereof, including attorney's fees and court costs, crediting against such claim, however, any amount obtained by reason of such reletting. (2) Forfeiture. If a default is not remedied in a timely manner, Landlord may then- declare -this lease to_ be forfeited and must -give Tenant a written mice of such forfeiture, and may, at the time, give Tenant the notice to quit provided for in Chapter 648 of the Code of Iowa. SECTION 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default is made by either party in the performance of, or compliance with, any of the terms or conditions of this Lease, and such default continues for thirty (30) days after written notice thereof from one party to the other, the person aggrieved, in addition to all other remedies now or hereafter provided by law, may, but need not, perform such term or condition, or make good such default and any amount advanced will be repaid forthwith on demand, together with interest at the rate of 9% per annum, from date of advance. SECTION 17. SIGNS. Tenant may not attach, paint or exhibit any signs on the Leased Premises. The landlord will place name on the office door (Hillcrest Family Services) and will add tenants name to marquee in the building lobby. SECTION 18. MECHANIC'S LIENS. Neither Tenant nor anyone claiming by, through, or under Tenant, may file or place any mechanic's liens or other lien of any kind or character whatsoever, upon said Leased Premises or upon any building or improvement thereon, or upon the leasehold interest of Tenant, and notice is hereby given that no contractor, sub -contractor, or anyone else who may furnish any material, service or labor for any building, improvements, alteration, repairs or any part thereof, may at any time be or become entitled to any lien on the Leased Premises, and for the further security of Landlord, Tenant covenants and agrees to give actual notice thereof in advance, to any and all contractors and sub -contractors who may furnish or agree to furnish any such material, service or labor. 7 W Page 271 of 853 SECTION 19. LANDLORD'S LIEN AND SECURITY INTEREST. Landlord will have, in addition to any lien given by law, a security interest as provided by the Uniform Commercial Code of Iowa, upon all personal property and all substitutions thereof, kept and used on said Leased Premises by Tenant. Landlord may ' proceed at law or in equity with any remedy provided by law or by this Lease for the recovery of rent, or for termination of this Lease because of Tenant's default in its performance. i'► [ ► �•►►1 ► 20.1 Landlord. To the best of Landlord's knowledge to date: (1) Neither Landlord nor Landlord's former or present tenants are subject to any investigation concerning the Leased Premises by any governmental authority under any applicable federal, state, or local codes, rules and regulations pertaining to air and water quality, the handling, transportation, storage, treatment, usage, or disposal of toxic or hazardous substances, air emissions, other environmental matters, and all zoning and other land use matters. (2) Any handling, transportation, storage, treatment, or use o toxic or hazardous substances that has occurred on the Leased Premises has been in compliance with all applicable federal, state and local codes, rules and regulations. (3) No leak, spill release, discharge, emission or disposal of toxic or hazardous substances has occurred on the Leased Premises. (4) The soil, groundwater, and soil vapor on or under the Leased Premises is free of toxic or hazardous substances. (5) Landlord assumes liability and will indemnify and hold Tenant harmless against all liability or expense arising from any condition which existed, whether known or unknown, at the time of execution of the Lease which condition is not a result of actions of Tenant or which condition arises after date of execution, but which is not a result of actions of Tenant. 20.2 Tenant. Tenant expressly represents and agrees: (1) During the Lease Term, Tenant's use of the Leased Premises will not include the use of any hazardous substance without Tenant first obtaining the written consent of Landlord. Tenant understands and agrees that Landlord's consent is at Landlord's sole option and complete discretion and that such consent may be withheld or may be granted with any conditions or requirements that Landlord deems appropriate; (2) During the Lease Term, Tenant will be fully liable for all costs and expenses related to the use, storage, removal and disposal of hazardous if1l/ Page 272 of 853 substances used or kept on the Leased Premises by Tenant, and Tenant must give immediate notice to Landlord of any violation or any potential violation of any environmental regulation, rule, statute or ordinance relating to the use, storage or disposal of any hazardous substance; (3) Tenant, at its sole cost and expense, agrees to remediate, correct or remove from the Leased Premises any contamination of the property caused by any hazardous substances which have been used or permitted by Tenant on the Leased Premises during any term of this Lease. Remediation, correction or removal must be in a safe and reasonable manner, and in conformance with all applicable laws, rules and regulations. Tenant reserves all rights allowed by law to seek indemnity or contribution from any person, other than Landlord, who is or may be liable for any such cost and expense; and (4) Tenant agrees to indemnify and hold Landlord harmless from and against all claims, causes of action, damages, loss, costs, expense, penalties, fines, lawsuits, liabilities, attorney fees, engineering and consulting fees, arising out of or in any manner connected with hazardous substances, which are caused or --- created by Tenant on or after the date of this --Lease and during any term of-- this --- Lease, including, but not limited to, injury or death to persons or damage to property, and including any diminution of the value of any Leased Premises which may result from the foregoing. This indemnity shall survive the cessation, termination, abandonment or expiration of this Lease. 21.1 Tenant's Property. During its tenancy, Tenant has the right to sell or otherwise dispose of any personal property of Tenant situated on the Leased Premises, when in the judgment of Tenant it has become obsolete, outworn or unnecessary in connection with the operation of the business on the Leased Premises; provided, however, that Tenant must, in such instance (unless no substituted article or item is necessary) at its own expense, substitute for such items a new or other item in substitution thereof, in like or greater value. 21.2 Inventory. Nothing herein contained shall be construed as denying to Tenant the right to dispose of inventoried merchandise in the ordinary course of Tenant's trade or business. SECTION 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections and remedies of either party, provided in this Lease, will be construed as cumulative and no one of them as exclusive of the others, or exclusive of any rights, remedies or priorities allowed either party by law, and may in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied or undischarged. 0 Page 273 of 853 SECTION 23. NOTICES AND DEMANDS. All notices, demands, or other writings in this Lease provided to be given or made or sent, or that may be given or made or sent, by either party to the other, will be deemed to have been fully given or made or sent when made in writing and deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered, and postage prepaid, and addressed as follows: TO LANDLORD: City of Dubuque, Iowa c/o City Manager City Hall 50 West 13t" Street Dubuque, Iowa 52001 TO TENANT: Hillcrest Family Services c/o Mike Fidgeon 2005 Asbury Rd Dubuque, Iowa 52001 ---SECTION 24. CONSTRUCTION. ------Words- and _phrases --- herein, -including acknowledgment hereof, will be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. SECTION 25. COMPLIANCE WITH LAW. During the term of this Lease, Tenant must comply with all laws applicable to Tenant's use of the Leased Premises. Tenant is responsible for compliance with all applicable laws, statutes, rules, regulations, and ordinances which may apply to the performance of Tenant's obligations under this Agreement, including but not limited to the laws outlined in Exhibit B, and hereby represents and warrants that Tenant is in compliance with the same as of the Lease Agreement Date and further represents that during the Term Tenant will remain in compliance. Tenant shall require all contractors and subcontractors providing services under this Agreement shall also certify compliance with this Section. Tenant further represents and warrants that Tenant has obtained all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Agreement, including any permits and licenses that might be required by the state or locality in which Tenant performs the Services, and Tenant agrees to maintain, at Tenant's sole expense, such required permits and licenses for the duration of the term(s) of this Agreement. SECTION 26. MISCELLANEOUS. 26.1 Governing Law. It is agreed that this Lease will be governed by, construed, and enforced in accordance with the laws of the State of Iowa. 26.2 Paragraph Headings. The titles to the paragraphs of this Lease are solely for the convenience of the parties and will not be used to explain, modify, simplify, or aid in the 10 Page 274 of 853 interpretation of the provisions of this Lease. 26.3 Modification of Agreement, Any modification of this Lease or additional obligation assumed by either party in connection with this Lease will be binding only if evidenced in writing signed by each party or an authorized representative of each party. 26.4 Parties Bound. This Lease binds and inures to the benefit of and applies to the respective successors and assigns of Landlord and Tenant. All references in this Lease to "Landlord" or "Tenant" will be deemed to refer to and included successors and assigns of Landlord or Tenant without specific mention of such successors or assigns. SECTION 27. FORCE MAJEURE. A party shall be excused from its obligations under this Agreement if and to the extent and during such time as the party is prevented, impeded, or hindered, unable to perform its obligations or is delayed in doing so due to events or conditions outside of the party's reasonable control and after the party has taken reasonable steps to avoid or mitigate such event or its consequences (each a "Force Majeure Event") including, without limitation in any way, as the result of any acts of God, war, fire, or other casualty, riot, civil unrest, extreme weather conditions, terrorism,- strikes and/or labor disputes, pandemic, epidemic, quarantines, government stay-at-home orders, municipal and other government orders, or other matter beyond the control of such party. Upon the occurrence of a Force Majeure Event, the party incurring such Force Majeure Event will promptly give notice to the other party identifying the Force Majeure Event, explaining how it impacts performance and the estimated duration, identifying the relief requested, agreeing to limit damages to the other party and to immediately resume performance upon termination of the Force Majeure Event, and agreeing to supplement the notice as more information becomes available, and thereafter the parties shall meet and confer in good faith in order to identify a cure of the condition affecting its performance as expeditiously as possible. No obligation to make a payment required by this Agreement is excused by a Force Majeure Event. The nonperforming party shall not be entitled to any damages or additional payments of any kind for any such delay. rgm W1] , By: Micha I C, Van Milligen, tity Manager HILLCREST FAMILY SERVICES, TENANT 11 Page 275 of 853 By: Mike Fidgeon, CEO 121 r Page 276 of 853 EXHIBIT A THE LEASE® PREMISES 13 l' Page 277 of 853 ROOFI Page 278 of 853 INSURANCE SCHEDULE A rel • �`' •° -•U 1 1 • Page 279 of 853 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees 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 shalt include a statement under Description of Operations as to why the certificate was issued. Lease Agreement dated 07/01/2026 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. 131" 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. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the 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 shalt require all subcontractors and subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Lessee, licensee, or permittee agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City 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 anytime. 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 a�� men , subject to written mutual agreement attached hereto. / J A _A�� Page 280 of 853 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 (anyone 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, shalt be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicatingthat 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 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, 501" W. 13' 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. Page 281 of 853 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees (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 x No Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If permittees do not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others Endorsement. D. POLLUTION LIABILITY Coverage Required: Yes x No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO from GC 2010 (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. P 82 of 853 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A (continued) E. PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT x Yes No Amount $ Full Insurable Amount Include the City of Dubuque as Lendor Loss Payable. AW10011567Tff47 KC9_HlW UMBRELLA/EXCESS x Yes No $1,000,000 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 x No If Required Coverage: $ Page 283 of 853 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. 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-subjectto-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 policyfor 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. f (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Ile Page 284 of 853 EXHIBIT B LEGAL COMPLIANCE a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); c) Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination -on -the -basis -of disability), and-49-CFR Part 27; e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq), (prohibits discrimination on the basis of age); f) Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); g) The Civil Rights Restoration Act of 1987, (PL 100-209); (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964 to include that entities that receive federal funding must comply with civil rights legislation, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, in all operations, not just in the program or activity receiving federal funding); h) Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; i) The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); 16 11�� �K Page 285 of 853 j) Section 1557of the Affordable Care Act (prohibits discrimination on the basis of national origin); k) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.) (prohibits discrimination because of sex in education programs or activities); I) Drug Abuse Office and Treatment Act of 1972, as amended (21 U.S.C. § 1101 et seq.); and m)Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended (42 U.S.C. § 4541, et seq.). Page 286 of 853 Strand Associates, Inc° . 910 West Wingra Drive Madison, WI 53715 (P) 608.251.4843 STRAND www.strand.com ASSOCIATES® Excellence in Engineering'" Task Order No. 26-07 City of Dubuque, Iowa (OWNER) and Strand Associates, Inc.® (ENGINEER) Pursuant to Agreement for Technical Services dated June 9, 2016 Project Information Services Name: 17th/Locust Street Grant Assistance Services Description: Provide grant assistance and hydraulic modeling using the Huff rainfall distribution for a Federal Emergency Management Agency (FEMA) Grant Application. Scope of Services ENGINEER will provide the following services to OWNER. Project Management Attend up to 15 virtual progress meetings with OWNER. Engineering Analysis and Grant Assistance Provide two-year, five-year, ten-year, 25-year, 50-year, 100-year, and 500-year storm event flood mapping of the existing 17th Street/Locust Avenue Corridor from the from the Lower Bee Branch Creek to Rosedale Avenue using hydraulic modeling previously prepared by ENGINEER. 2. Provide two-year, five-year, ten-year, 25-year, 50-year, 100-year, and 500-year storm event flood mapping of the proposed 17th Street/Locust Street Corridor from the from the Lower Bee Branch Creek to Kirkwood Avenue using hydraulic modeling previously prepared by ENGINEER. 3. Provide two-year, five-year, ten-year, 25-year, 50-year, 100-year, and 500-year storm event flood mapping of the proposed 17th Street/Locust Street Corridor from the from the Lower Bee Branch Creek to Angella Street using hydraulic modeling previously prepared by ENGINEER. 4. Provide two-year, five-year, ten-year, 25-year, 50-year, 100-year, and 500-year storm event flood mapping of the proposed 17th Street/Locust Street Corridor from the from the Lower Bee Branch Creek to Locust Street using hydraulic modeling previously prepared by ENGINEER. Provide two-year, five-year, ten-year, 25-year, 50-year, 100-year, and 500-year storm event flood mapping of the proposed 17th Street/Locust Street Corridor from the from the Lower Bee Branch Creek to Heeb Street using hydraulic modeling previously prepared by ENGINEER. 6. Provide a spreadsheet showing existing two-year, five-year, ten-year, 25-year, 50-year, 100-year, and 500-year flood elevations and proposed two-year, five-year, ten-year, 25-year, 50-year, 100-year, and 500-year flood elevations at up to 200 potential flood -impacted buildings using hydraulic modeling previously prepared by ENGINEER. Low building floor and low entry existing elevations shall be provided by OWNER. EDV:sem\R:\MAD\Documents\Agreements\D\Dubuque, City of (1A)\TSA.2016\T0\2026\l 154.145.26-07.docx Arizona I Illinois I Indiana I Iowa I Kentucky I Ohio I Tennessee I Texas I Wisconsin Page 287 of 853 Strand Associates, Inc° City of Dubuque, Iowa Task Order No. 26-07 Page 2 June 17, 2026 Review the project background narrative and Benefit Cost Analysis summary provided by OWNER's grant writing consultant. One round of comments is anticipated. Compensation OWNER shall compensate ENGINEER for Services under this Task Order on an hourly rate basis plus expenses an estimated fee of $40,000. Schedule Services will begin upon execution of this Task Order, which is anticipated the week of June 15, 2026. Services are scheduled for completion on August 11, 2026. TASK ORDER AUTHORIZATION AND ACCEPTANCE: ENGINEER: OWNER: STRAND ASSOCIATES, INC.® Joseof M. Bunker Efate Corporate Secretary CITY OF DUBUQUE, IOWA M chael C. Van Milligen Date City Manager EDV:sem\R:\MAD\DocumenuWgmemenu\D\Dubuque, City of (IA)\TSA.2016\TO\2026\I 154.145.26-07.docx www.strand.com Page 288 of 853 �. Strand Associates, Inc! 910 West Wingra Drive - Madison, WI 53715 (P) 608.251.4843 STRAND www.strand.com ASSOCIATES® Excellence in Engineerings" Task Order No. 26-08 City of Dubuque, Iowa (OWNER) and Strand Associates, Inc.® (ENGINEER) Pursuant to Agreement for Technical Services dated June 9, 2016 Project Information Services Name: 17th Street Railroad Culvert Crossing and 17th/Locust Street Utility Design (Heeb to Angella) Services Description: Design services for a trenchless stormwater culvert pipe across the Canadian Pacific Kansas City (CPKC) Railway and design services for storm sewer, water main, and sanitary sewer on 17th/Locust Streets from Heeb Street to Angella Street. Scope of Services ENGINEER will provide the following services to OWNER. Stakeholder Communication 1. Attend one virtual meeting with OWNER and CPKC to review 60 percent design review comments from CPKC. 2. Attend one virtual meeting with OWNER and CPKC to review 60 percent temporary easement exhibit. 3. Attend one virtual joint meeting with OWNER, Alliant Energy, and ITC Holdings Corporation to review 60 percent design. Design 1. Prepare drawings and technical specifications for the following elements of construction and submit to OWNER at the 90 percent design level. (Drawings are currently at approximately 60 percent design level for the railroad culvert crossing and 85 percent design level for the 17th/Locust Street Utilities from Heeb Street to Angella Street). Specifications will include Special Provisions for construction on CPKC Right of Way. Railroad Culvert Crossing: a. Trenchless construction of a 96-inch steel culvert beneath the CPKC Railway. b. A 12-foot by seven -foot cast -in -place box culvert extension. C. A cast -in -place structural endwall at the outfall of the existing 84-inch diameter and proposed 96=inch diameter culvert pipes in the Lower Bee Branch Creek. d. Railroad track monitoring and conceptual temporary excavation support drawings and performance technical specifications in accordance with CPKC's geotechnical protocol dated May 16, 2022. e. Pavement restoration for 17th Street from Elm Street to CPKC Railway. f. Construction sequencing drawings. EDV:sem\R:\MAD\Documents\Agreements\D\Dubuque, City of (IA)\TSA.20t6\T0\2026\I 154.145.26-08.d. Arizona I Illinois I Indiana I Iowa I Kentucky I Ohio I Tennessee I Texas I Wisconsin Page 289 of 853 Strand Associates, Inc° City of Dubuque, Iowa Task Order No. 26-08 Page 2 June 17, 2026 g. Construction access and traffic control drawings. h. Erosion control and grading drawings. 17th/Locust Street Utilities: a. A ten -foot by five-foot cast -in -place box culvert. b. Local storm sewer and storm sewer intakes (up to 1,600 feet of storm sewer and up to 20 intakes are anticipated). Up to 1,600 feet of dual eight -inch water mains. d. Up to 1,600 feet of dual sanitary sewers (eight -inch and 18-inch). Compensation OWNER shall compensate ENGINEER for Services under this Task Order on an hourly rate basis plus expenses an estimated fee of $70,000. Schedule Services will begin upon execution of this Task Order, which is anticipated the week of June 15, 2026. Services are scheduled for completion on August 11, 2026. OWNER's Responsibilities In addition to providing the ,items listed in the associated Agreement for Technical Services, OWNER shall assist ENGINEER with railroad coordination including obtaining concurrence from the railroad on drawings and specifications and compensating ENGINEER for any fees associated with railroad coordination, access, or insurance. TASK ORDER AUTHORIZATION AND ACCEPTANCE: ENGINEER: OWNER: STRAND ASSOCIATES, INC.® Jose M. Bunker D to Corporate Secretary CITY OF DUBUQUE, IOWA M'chael C. Van Milligen Date City Manager EDV:sem\R:\MAD\Documents\Agreements\D\Dubuque, City of(IA)\TSA.2016\T0\2026\I 154.145.26A8.docx www.strand.com Page 290 of 853 LEGAT ARCHITECTS April 29, 2026 Jim Bousley Project Manager City of Dubuque Engineering 50 W. 13th Street Dubuque, IA 52001 Ibousley(o)cityofdubugue.org 563.581.1230 Design with a Difference VIA EMAIL Jeremy Jensen Chief of Police Dubuque Law Enforcement Center 770 Iowa Street Dubuque, IA 52001 on ensen(a-D.cityofdubugue.org 563-589-4444 RE Police Headquarters Space Needs Analysis and Conceptual Design Study Architect's Project Number: BD26-M059 Proposal to Provide Professional Architectural Services Dear Mr. Bousley and Chief Jensen: Thank you for the opportunity to submit this proposal. Legat Architects ("Architect") is pleased to provide this Lump Sum / Not -to -Exceed Fee Proposal to the City of Dubuque ("Client") for professional architectural and engineering services associated with the Police Headquarters Space Needs Analysis and Concept Design Study. The purpose of this letter is to confirm our understanding of the scope of work, outline the professional services to be provided, and identify the associated fee. 1.0 Project Parameters 1.1 Project Objective: The objective of this project is to provide the City of Dubuque with a comprehensive Space Needs Analysis and Concept Design Study for the existing Police Headquarters facility, including a defensible program, facility assessment, and conceptual renovation/expansion solutions that support current operations and projected 20-year growth. This effort will culminate in a clear, actionable roadmap for decision -making, including facility options, phasing strategies, and order -of -magnitude cost implications. 1.2 Location: Dubuque Law Enforcement Center 770 Iowa Street Dubuque, Iowa 52001 1.3 Project Activities 1.3.1 Stakeholder engagement and operational analysis; and 1.3.2 Existing facility assessment (architectural, structural, and MEP systems); and 1.3.3 Space needs analysis and program development; and 1.3.4 Conceptual design and site evaluation; and 1.3.5 Cost estimating and schedule development; and 1.3.6 Final report and presentation to City leadership. 1.4 Phvsical Parameters 1.4.1 Existing building envelope and interior spaces; and 1.4.2 Existing structural systems and capacity for renovation or expansion; and 1.4.3 Existing mechanical, electrical, and plumbing systems; and 1.4.4 Existing life safety, code compliance, and accessibility; and www.legat.com Page 291 of 853 Jim Bousley and Jeremy Jensen Proposal to Provide Professional Architectural Services April 29, 2026 Page 2 of 6 1.4.5 Existing site conditions, circulation, and expansion potential. 1.5 Budget Parameters: 1.5.1 Through the space needs analysis, facility assessment, and concept design process, the Architect will assist the Client in developing an informed project budget that aligns with the City's operational goals, facility requirements, and long-term planning objectives. 1.6 Schedule Parameters: 1.6.1 The study will be completed within a mutually agreed -upon timeframe. 1.6.2 Refer to the attached "Exhibit A - Project Schedule" that was included in our RFQ response for reference. 2.0 Architect's Scope of Services 2.1 Existing Facility Assessment: 2.1.1 Perform a Matterport digital scan of the existing facility to create a comprehensive, interactive 3D record of current conditions; and 2.1.2 Utilize the Matterport model as a reference tool for the project team and stakeholders to support documentation, analysis, and ongoing coordination throughout the study; and 2.1.3 Perform full walkthrough of accessible interior and exterior areas; and 2.1.4 Evaluate and assess the following: 2.1.4.1 Building envelope systems 2.1.4.2 Interior spaces and finishes 2.1.4.3 Structural systems and load capacity 2.1.4.4 Mechanical systems (HVAC performance, age, capacity) 2.1.4.5 Electrical systems (distribution, reliability, code compliance) 2.1.4.6 Plumbing systems (capacity, condition, code compliance) 2.1.4.7 Life safety systems and ADA considerations; and 2.1.5 Incorporate non-destructive testing, as appropriate, to further evaluate existing conditions without damaging building systems or components; and 2.1.6 Identify the following: 2.1.6.1 Deferred maintenance items 2.1.6.2 Operational inefficiencies 2.1.6.3 Code and compliance concerns (visual assessment); and 2.1.7 Document all findings using photographs and diagrams. 2.2 Space Needs Analysis & Program Development: 2.2.1 Conduct stakeholder interviews and workshops 2.2.2 Analyze departmental operations and adjacencies 2.2.3 Develop space standards by function and position 2.2.4 Prepare a 20-year growth projection model 2.2.5 Develop a detailed space program including: 2.2.5.1 Net and gross square footage requirements 2.2.5.2 Functional relationships and adjacencies 2.2.5.3 Security zoning and circulation considerations 2.3 Concept Design Phase: 2.3.1 The Architect will plan and facilitate the Concept Design Phase, building upon the approved space needs program; and www.legat.com Page 292 of 853 Jim Bousley and Jeremy Jensen Proposal to Provide Professional Architectural Services April 29, 2026 Page 3 of 6 2.3.2 The Architect will conduct a Collaborative Design Workshop with key stakeholders, creating a forum where "all stakeholders play architect" and actively participate in the development of conceptual design solutions; and 2.3.3 The Architect will guide stakeholders in the development of multiple conceptual design options, ensuring that each concept reflects operational needs, goals, and priorities identified throughout the process; and 2.3.4 The Architect will gather essential input regarding existing facilities, operations, interactions, and desired outcomes, and translate that information into clear conceptual design directions; and 2.3.5 The Architect will listen to and document stakeholder vision, goals, and ideas for how the project will enhance operations, safety, and overall user experience; and 2.3.6 The Architect will develop and illustrate conceptual design options through diagrams, plans, and graphics to clearly communicate functional relationships, space utilization, and design intent; and 2.3.7 The Architect will evaluate conceptual options in real time with stakeholders, considering budget, schedule, phasing, and constructability to inform decision - making; and 2.3.8 The Architect will develop preliminary project phasing strategies and refine the project budget based on stakeholder -generated concepts; and 2.3.9 The Architect will document the Concept Design Phase, including stakeholder input, alternatives studied, and the rationale for advancing preferred design directions. 2.4 Cost Estimating: 2.4.1 Prepare order -of -magnitude cost estimates for each conceptual design option; and 2.4.2 Compile and analyze historical cost data relevant to similar public safetyand municipal projects; and 2.4.3 Benchmark project costs against current regional construction market conditions; and 2.4.4 Develop system -based cost models aligned with proposed building systems and design strategies; and 2.4.5 Quantify anticipated construction costs based on conceptual design scope and assumptions; and 2.4.6 Incorporate soft costs, including design fees, contingencies, escalation, and other project -related expenses; and 2.4.7 Evaluate phasing strategies and identify associated operational and cost impacts; and 2.4.8 Identify key cost drivers influencing overall project budget; and 2.4.9 Recommend value optimization strategies to align the project scope with the Client's budget objectives. 2.5 Project Scheduling: 2.5.1 Develop a high-level implementation schedule identifying major milestonesfrom design through construction and occupancy; and 2.5.2 Define key project phases, including design, permitting, bidding, and construction; and 2.5.3 Establish anticipated durations for each phase based on project scope, complexity, and market conditions; and 2.5.4 Identify critical path activities that may impact overall project deliveryand occupancy; and 2.5.5 Evaluate phasing strategies to maintain ongoing police operations during construction; and www.legat.com Page 293 of 853 Jim Bousley and Jeremy Jensen Proposal to Provide Professional Architectural Services April 29, 2026 Page 4 of 6 2.5.6 Assess potential impacts related to site constraints, logistics, and sequencing of work; and 2.5.7 Align the implementation schedule with the selected Consensus Design Option and associated cost estimates; and 2.5.8 Incorporate allowances for permitting, approvals, procurement, and contractor mobilization; and 2.5.9 Present a high-level implementation schedule as part of the final report to support future project execution and planning. 3.0 Deliverables 3.1 Existing Facility Assessment Report: 3.1.1 Document narrative findings; and 3.1.2 Summarize system condition; and 3.1.3 Develop prioritized recommendations; and 3.1.4 Prepare an opinion of probable costs for repairs/replacements. 3.2 Space Needs Analysis & Program: 3.2.1 Existing Conditions Space Inventory documenting current room uses, sizes, and departmental assignments; and 3.2.2 Stakeholder Engagement Summary outlining key findings from interviews, workshops, and focus group meetings; and 3.2.3 Operational Analysis Report identifying workflow efficiencies, deficiencies, and opportunities for improvement; and 3.2.4 Staffing and Growth Projections based on a 20-year planning horizon; and 3.2.5 Space Needs Program including: 3.2.5.1 Net assignable square footage by department and function 3.2.5.2 Gross building area projections 3.2.5.3 Space standards by position and function; and 3.2.6 Adjacency Diagrams and Functional Relationships illustrating optimal spatial organization; and 3.2.7 Security Zoning Diagrams identifying public, secure, and restricted areas; and 3.2.8 Preliminary Test -Fit Diagrams evaluating how program elements may fit within the existing facility and/or potential expansion scenarios; and 3.2.9 Program Validation Summary confirming alignment with stakeholder inputand project goals. 3.3 Conceptual Designs: 3.3.1 Develop multiple conceptual design options illustrating renovation and/orexpansion strategies; and 3.3.2 Establish a Consensus Design Option based on stakeholder input and evaluation of alternatives; and 3.3.3 Prepare conceptual plans, diagrams, and approximately three non-photorealistic renderings using either Trimble Sketch Up or Autodesk Revit, enhanced with Enscape from Chaos, to clearly communicate design intent and functional relationships. 3.4 Order of Magnitude Cost Estimates: 3.4.1 Prepare order of magnitude cost estimates for each conceptual design option; and 3.4.2 Develop a refined cost estimate for the Consensus Design Option; and 3.4.3 Identify key cost drivers and provide value optimization recommendations. www.legat.com Page 294 of 853 Jim Bousley and Jeremy Jensen Proposal to Provide Professional Architectural Services April 29, 2026 Page 5 of 6 3.5 Project Schedule: 3.5.1 Develop a high-level project schedule identifying major milestones and phases; and 3.5.2 Establish anticipated durations for design, approvals, and construction; and 3.5.3 Identify critical path items and phasing considerations impacting project delivery. 3.6 Final Report and Presentation Materials: 3.6.1 Compile a comprehensive final report summarizing assessment findings, program, and design concepts; and 3.6.2 Prepare presentation materials, including graphics and renderings, to communicate recommendations; and 3.6.3 Present the final report and Consensus Design Option to City leadership and stakeholders. 4.0 Compensation 4.1 The Client will compensate the Architect for the services outlined herein on a Lump Sum/ Not -to -Exceed basis in the amount of $92,500.00. 4.2 This fee includes: 4.2.1 All architectural and public safety consulting services by Legat Architects and McClaren Wilson & Lawrie; and 4.2.2 All engineering services by Axiom Consultants, including mechanical, electrical, plumbing, and structural assessment; and 4.2.3 All reimbursable expenses, including travel, printing, and incidentals. 4.3 When stipulated, the Client will compensate the Architect on a Time and Material basis using the attached "Exhibit B - Schedule of Billable Rates". 5.0 Client's Responsibilities 5.1 The Client will support the project through the following responsibilities: 5.1.1 Provide access to available drawings and documentation; and 5.1.2 Facilitate stakeholder participation; and 5.1.3 Designate a primary point of contact; and 5.1.4 Provide timely review and feedback. 6.0 Miscellaneous Provisions 6.1 Estimates of Probable Cost will be developed using multiple data sources, including active construction projects involving Legat Architects and McClaren Wilson & Lawrie, RS Means Construction Cost Data, and historical cost information. Legat Architects appreciates the opportunity to support the City of Dubuque in this important initiative. We believe our collaborative approach, combined with a strong emphasis on technical assessment and cost clarity and supported by our nationally renowned public safety consultant, will provide the City with the information necessary to make confident, future focused decisions. Please feel free to contact me with any questions or if additional information is required. www.legat.com Page 295 of 853 Jim Bousley and Jeremy Jensen Proposal to Provide Professional Architectural Services April 29, 2026 Page 6 of 6 Thank you. Sincerely, fe�K �V-4LM, Jay D. Johnson, AIA, LEED AP Legat Architects, Inc. 1515 5th Avenue, Suite 108 Moline, IL 61265 JDJ/JDJ ATTACHMENTS Exhibit A - Project Schedule Exhibit B - Schedule of Billable Rates Exhibit C - Terms and Conditions Exhibit D — City of Dubuque Insurance Schedule EC Ted Haug, Legat Architects Bryan Archibald, Legat Architects File: BD26-M059:A1 FILENAME BD26-M059_PRO_260429_City_of_Dubuque_Police AUTHORIZATION We accept the terms of this Proposal: OWNER City of Dubuque 50 W. 13th Street Dubuque, IA 52001 SIG ATURE .01 Michael C. Van Milliaen PRINT NAME City Manager TITLE 06/22/2026 DATE ARCHITECT Legat Architects, Inc. 1515 5th Avenue, Suite 108 Moline, IL 61265 SI rryVan Archibald PRINT NAME Studio Director TITLE DATE June 15, 2026 www.legat.com Page 296 of 853 EXHIBIT "A" /• PROJECT SCHEDULE U_f��City of Dubuque Police Headquarters Masterpiece on the Mississippi Space Needs Analysis and Concept Design Study COST ESTIMATE®� - MEETING MINUTES Anticipated Contract Award • Kick -Off Meeting • Document Kick -Off Meeting • Gather Owner's Existing Information • Existing Site and Facility Assessment - • Analyze Gathered Information • Confirm Building Committee Members • Establish Focus Group Meetings • Plan the Plan • Draft Existing Facility Assessment Report _ • Present Facility Assessment Findings • Document Gather Phase • Plan Envision Phase • Establish Goals and Expectations • Tour Precedent Facilities - • Surveys and Community Engagement • Conduct Focus Group Meetings • Operational Analysis and Benchmarking • Document Envision Phase • Plan Define Phase • Conduct Space Needs Assessment • Analyze Operations and Benchmarking • Develop Staffing Projections and Growth • Develop Space Program • Develop Adjacency Requirements • Develop Security Zoning Requirements • Develop Initial Project Budget • Review Space Program w/ Focus Groups • Document Define Phase • Plan Consider Phase • Conduct Collaborative Design Workshop • Develop Conceptual Design Options • Develop Project Phases • Refine Project Budget • Document Define Phase TRANSFORM • Plan Transform Phase • Present Conceptual Design Options • Select Consensus Design Option • Prepare High Level Project Schedule • Refine Project Budget • Document Transform Phase • Compile Final Concept Design Report • Present to City Council • Reflect Council Comments in Report LEGAT ARCHITECTS Page 297 of 853 LEGAT ARCHITECTS Design with a Difference Schedule of Billable Rates Exhibit «B„ ORGANIZATION City of Dubuque PROJECT TITLE Police Headquarters Space Needs Analysis and Conceptual Design Study DATE May 29, 2026 BILLING RATES: For the current calendar year, time spent by our staff members will be billed at the following hourly rates: CLASSIFICATION HOURLY RATE Principal........................................................................................ $ 250.00 Project Manager............................................................................ $ 215.00 Project Associate/Architect........................................................... $ 180.00 Associate....................................................................................... $ 150.00 Graphic Designer.......................................................................... $ 130.00 Student / Clerical........................................................................... $ 100.00 NOTE These rates are subject to change annually on December 31. www.legat.com Page 298 of 853 LEGAT ARCHITECTS INC. STANDARD TERMS & CONDITIONS FOR PROPOSAL TO PROJECTCLIENT EXHIBIT "C" Scope of Professional Services: Legat will perform the Services consistent with the professional skill and care ordinarily provided by architects practicing under similar circumstances at the same time and in the same locality. Perfection is not the standard, and the existence of revisions or errors and omissions does not, by itself, constitute a breach of this standard. As Client's exclusive remedy, Legat will correct errors caused solely by its negligence within the original scope; revisions due to changes in scope, assumptions, or information from others are not included. Legat is not responsible for costs that result in betterment or added value to the Project. Client Responsibilities; Reliance on Information: Client will promptly provide requirements, constraints, decisions, and information necessary for the orderly progress of the Services. Legat may rely on surveys, reports, record drawings, and other information furnished by Client or third parties as accurate and complete, and has no duty to independently verify such information unless expressly stated in the proposal. Access to Site: Client will provide timely access to locations where Services are performed. Unless stated in the proposal, site observations are non-invasive; Unless stated in the proposal, services do not include testing, detailed or destructive investigation, environmental or hazardous materials assessments, or work by other licensed professionals. Ownership of Documents: All documents and deliverables prepared by Legat (instruments of professional service) remain Legat's property. Upon payment of all amounts due, Client receives a limited, non-exclusive, non -transferable license to use the deliverables for the specific project and purposes described in the proposal. Use for other projects, future phases, construction means/methods, or permitting beyond the agreed scope is not permitted without Legat's written consent. Any such use is at Clients own risk. Existing / Hidden Conditions: Services are based on conditions that are visible and reasonably observable at the time of Legat's review. Concealed, inaccessible, or unknown conditions may require changes to the design, schedule, orfees. Legat is not responsible for costs or impacts arising from such hidden conditions. Code Compliance; Permitting: Legat's documents will be prepared to conform to applicable codes and regulations in effect at the time of performance, consistent with the standard of care. Submission for permit routinely results in comments and change requests from authorities. Responding to typical permit review comments is included in Basic Services. Modifications required due to changed or new interpretations after permit issuance, or due to requirements beyond typical permit review, will be treated as Additional Services. Accessibility: Accessibility requirements (e.g., ADA and similar laws) can be subject to differing interpretations. Legat will apply professional judgment to interpret applicable requirements but cannot warrant compliance with all possible interpretations. Payment and Costs of Collection: Invoices are due upon receipt and are late if unpaid 30 days from the invoice date; a 1.5%/month late charge applies to past -due amounts. If any invoice remains unpaid 60 days after the invoice date, Legat may, upon 7 days' written notice, suspend Services until all past -due amounts are paid. Legat is not responsible for delays or impacts caused by a suspension for non-payment. Collection costs, including reasonable attorneys' fees, are recoverable. If agreement is terminated, Client will pay for services performed and approved expenses incurred up to that point. Changes in Work: Significant changes in scope, character, schedule, or complexity will be authorized in writing before Legat proceeds. Changes resulting from new information, changed assumptions, additional stakeholder/process requirements, agency comments beyond typical permit review, or Client -directed revisions are treated as scope changes. Additional Services: Services include tasks not listed as Basic Services in the proposal, Client -directed changes after approvals, services required due to information provided by others containing errors or omissions, and significant re -design to meet updated budgets or agency directives. Additional Services will be authorized in writing and billed per agreed rates or lump sum. Insurance: Legat must provide insurance as described in the attached Insurance Schedule. Claims and Liability. Any claims related to this Agreement or the Services must be made only against Legat Architects Inc., and not against its owners, officers, or employees. Disclaimer of Warranties: Legat does not warrant: 1. Estimated Construction Costs. Legat's opinion of construction costs is an estimate based on Legat's professional judgment and experience, we do not control contractor pricing, labor, materials, or market conditions. 2. Accuracy of Record Drawings: Legat will reasonably rely on existing drawings prepared by other parties. Non -Assignability: The Agreement may not be transferred or otherwise assigned without Legat's written permission. Subcontracting by Legat Architects to sub -consultants normally utilized by Legat shall not be considered an assignment of this Agreement. Submittals: Legat's review of contractor submittals, if included, is only to check general conformance with the design concept and documents. Legat does not review for construction means/methods, quantities, or safety, all of which remain the contractor's responsibility. Construction. Client shall ensure that the construction is performed by a general contractor or construction manager, qualified to perform the type of work specified, who shall have overall responsibility to construct the entire Project and who shall warrant the quality of construction to Client and Legat under terms no less stringent than Section 3.5 of AIA Document A201-2017, "General Conditions of the Contract for Construction." Construction Administration; Site Safety: If the proposal includes construction administration, Legat is not responsible for construction means, methods, techniques, sequences, or procedures, or for jobsite safety programs or precautions - these are solely the contractor's responsibilities. Legat's site visits (if any) are limited to becoming generally familiar with the progress and quality of the Work relative to the documents. No Third -Party Beneficiaries; No Third -Party Reliance: This Agreement is solely between Client and Legat. No third party (including contractors, lenders, tenants, or future owners) has rights under this Agreement or may rely on the Services or deliverables without Legat's written consent. Force Maieure. In the event Architect is hindered, delayed or prevented from performing its obligations under this Agreement as a result of any cause beyond the reasonable control of Architect, the time for completion of Architect's services required under this Agreement shall be extended by the period of resulting delay and Architect's fee shall be equitably adjusted. Dispute Resolution. Any and all claims arising out of or relating to this Agreement or the Project ("Disputes") shall be resolved in the following phases, each of which is a condition precedent to the next phase. Phase I: the Parties will in good faith attempt to negotiate a resolution of Disputes through an in -person meeting of the Parties' executives. Phase II: Disputes not resolved through negotiation are subject to mediation before the American Arbitration Association in accordance with its Construction Industry Mediation Procedures. Phase III: Disputes not resolved by mediation shall be decided by Litigation in the Iowa District Court for Dubuque County, Iowa. Certificates of Payment. Any approval is based on limited site observations and the contractor's application for payment and represents only that the Work appears to have progressed as indicated and generally conforms to the Construction Documents. Such certification does not represent that Legat has made exhaustive inspections, reviewed construction means or methods, verified quantities, reviewed subcontractor or supplier documentation, or confirmed compliance with laws. Client remains responsible for verifying payment destination and for collection and review of lien waivers, certified payroll, and similar documents. Termination. Client may terminate this Agreement at any time upon ten (10) days written notice delivered to Legat, March 2026 Page 299 of 853 IIQ6`111.?.A0MWINPIABill : Page 300 of 853 ADMINISTRATIVE AGREEMENT THIS ADMINISTRATIVE AGREEMENT, herein referred to as "Agreement", dated for reference purposes the 1st day of July 2026, is entered into by and between the IOWA MUNICIPALITIES WORKERS' COMPENSATION ASSOCIATION, a separate legal entity created by Iowa cities pursuant to the provisions of Chapter 28E, Code ofkwa, herein referred to as "IMWCA", and the City of Dubuque, Iowa, herein referred to as "DUBUQUE". WITNESSETH: WHEREAS, the IMWCA provides and administers workers' compensation and related employer liability coverage for its members qualifying therefore, and has made such coverages and services available; and WHEREAS, the City of Dubuque wishes to self -fund the medical -only claims of its police officers and firefighters participating in the disability pension program created by Chapter 411 of the Code of Iowa, and to contract with IMWCA to obtain claims administrative services necessary to manage these medical -only claims; and WHEREAS, the IMWCA has agreed to provide such services on the terms and conditions set forth herein, provided that the City Council of DUBUQUE has approved this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the parties hereby agree as follows: Term. The term of this Agreement shall be from 12:01 a.m. July 1, 2026 to Midnight, June 30, 2027, unless cancelled earlier as provided in the cancellation article. 2. Services. A. Services Provided. Subject to all the other terms and conditions of this Agreement, IMWCA shall be responsible for administering the Chapter 411 medical -only claims of participating police officers and firefighters for DUBUQUE. Page 301 of 853 B. Services Only. IMWCA does not act as an insurer for the Chapter 411 medical -only claims of DUBUQUE, and this Agreement shall not be construed as an insurance policy or any agreement of indemnity. IMWCA is not itself financially responsible for the payment or satisfaction of claims, lawsuits or any form of cause of action against DUBUQUE by virtue of this Agreement. 3. Independent Contractor Status. A. Status. IMWCA, for purposes of this agreement, shall be an independent contractor. B. Hold Harmless and Indemnification. DUBUQUE shall indemnify and hold harmless IMWCA from any and all loss, cost or expense incurred by IMWCA as a result of its performance of this Agreement, unless the loss, cost or expense is caused by the negligent act or omission of IMWCA. 4. Compensation. A. In consideration of the performance by IMWCA of its services and obligations provided under subparagraph A of Paragraph 2 above, DUBUQUE agrees to pay IMWCA the sum of Eight Thousand Eight Hundred Dollars ($8,800) for Chapter 411 medical -only claims administration services and expenses for the period July 1, 2026 to June 30, 2027, such amount to be paid in four (4) quarterly installments due July 1 and October 1, 2026, and January 1 and April 1, 2027. In the event any installment of IMWCA's compensation herein is not paid when due, IMWCA may, (reserving all other remedies and rights under this Agreement and in law) at its sole option and discretion, upon ten (10) days prior notice to DUBUQUE, discontinue processing Chapter 411 medical -only claims for DUBUQUE. Page 302 of 853 5. Cancellation. A. Either Party. This Agreement may be cancelled by either party upon written notice to the other party, provided such notice specifies an effective date for cancellation of not less than ninety (90) days after the date of such notice. 6. Conditions and Limitations. A. Deposit. DUBUQUE shall keep on deposit with IMWCA in a separate account maintained by IMWCA Twenty -Five Thousand Dollars ($25,000) for payment of Chapter 411 medical -only claims. IMWCA will invoice DUBUQUE monthly for claims paid during each month of the fiscal year. IMWCA also will have the option to require that DUBUQUE immediately make payment into the separate account of sufficient funds to pay all outstanding approved claims and to keep the deposit at Twenty -Five Thousand Dollars ($25,000). B. Profitability. IMWCA makes no representation or warranty to DUBUQUE that the business of self -funding the medical -only claims arising against DUBUQUE under Section 411.15, and the administration of those claims by IMWCA, shall result in financial gain to DUBUQUE or result in DUBUQUE paying less costs for medical -only claims under Section 411.15 than it has cost in previous years. C. Information. DUBUQUE shall render complete and accurate information to IMWCA as requested by IMWCA and advise IMWCA promptly of any changes in DUBUQUE's operations. D. Cooperation. IMWCA's responsibility for the performance of service as specified in paragraph 2 is conditioned upon the cooperation of DUBUQUE. E. Legal Services. The services to be provided by IMWCA are not of a legal nature, and IMWCA shall in no event give, or be required to give, any legal opinion or provide any legal representation to DUBUQUE. IMWCA shall not be considered as engaged in the 3 Page 303 of 853 practice of law. It is specifically agreed that if any legal action is initiated against IMWCA or DUBUQUE by reason of the denial of a claim under Section 411.15, IMWCA will have the option of returning the claim back to DUBUQUE, and IMWCA will have no further responsibility to administer that claim or to defend a legal action brought as a result of its administration of that claim. F. Assi.n�. Neither this Agreement nor any rights hereunder shall be assigned by either party without the prior written consent of the other party first having been obtained. G. Entire Agreement. This Agreement constitutes the entire understanding of the agreement between the parties hereto, and supersedes all prior and contemporaneous agreements or understandings, written or oral, of the parties hereto. This Agreement may be amended only in writing executed by both parties. H. Notices. All notices to be given pursuant to this Agreement shall be in writing, and shall be deemed to have been duly given when personally delivered, or when mailed postage prepaid by certified mail, return receipt requested, to the following address: If to IMWCA: Iowa Municipalities Workers' Compensation Association 500 SW 7th Street, Suite 101 Des Moines, IA 50309 If to the city of Dubuque: City of Dubuque 50 W. 13t' St. Dubuque, IA 52001 I. Interpretation. This Agreement shall be interpreted by application of the laws of the State of Iowa. Representation and Warranties. IMWCA covenants, represents and warrants that it is experienced and qualified to perform the administrative services contemplated by this Agreement and is equipped to perform such administrative services. Page 304 of 853 K. Separability. In the event that any one or more of the provisions contained in this Agreement or any application thereof shall be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions of this Agreement or any other application thereof shall not in any way be affected or impaired thereby. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above wntten. CITY OF DUBUQUE, IOWA By Authorized Official Attest Tovt tj 13r2� Authorized Official Dated 06/23/2026 5 IOWA MUNICIPALITIES WORKERS' COMPENSATION ASSOCIATION Jeff Hovey Director of Risk Services Dated: June 8, 2026 Page 305 of 853 DUBUQUE FIRE DEPARTMENT GIS Site Location Analysis # Existing Facility Assessment Conceptual /Programming Study Amy Scheller Fire Chief 11 West 91" Street Dubuque, IA 52001 C 0 rw Amy Scheller I Dubuque Fire Department SUBJECT: DUBUQUE FIRE DEPARTMENT STUDY Dear Chief Scheller: Thank You for the opportunity to submit on this wonderful project! Five Bugles Design is pleased to submit this proposal for professional services associated with a GIS Site Location Analysis, Existing Conditions Assessments and Conceptual/Programming Session. This proposal will set specific scope and fee parameters based on our understanding of the project services required and what was submitted in our overall proposal. A. SCOPE OF WORK: The following represents our understanding of the scope of services required of Five Bugles Design for this Project. A. Facility reviews of the existing facilities and respective sites This portion of the work would provide a review of the existing facilities and the site. Our team will provide: • Interview key stakeholders to determine if remodel/additions are feasible at each location. • Identify current demand for service and response time from current facility. • Analysis of how the current facilities impact respond criteria. • Full condition analysis and on -site inspections of the facilities and sites. • Identifying fire and safety regulation compliance issues and possible solutions. • Written condition analysis of the buildings architectural, structural, mechanical, electrical, and plumbing systems. • Review future growth opportunities regarding the facilities and how it will impact emergency response criteria. B. Geographical Information System (GIS) Station Location Studies are generally developed based on the following considerations: • Using GIS Mapping to create response time polygons based on 3-5 years of past National Fire Incident Reporting System (NFIRS) data. • Ability of the Department to meet National Fire Protection Association (NFPA) 1710 (Career) requirements. • City's Comprehensive Plan and Planned future growth. • Insurance Services Office (ISO) rating of the City. • Other potential issues specific to the Community (Railroads, rivers, highways, etc.) Five Wendel Bug!es Design- Amy Scheller I Dubuque Fire Department C. Programming/Space Needs and Conceptual Design Conduct Immersion work session between the department and design team as required to review current space needs and projected growth for all six facilities. A program will be developed that details existing and projected space needs for the next 20 years. i. Conduct stakeholder/department interviews to confirm individual space program needs, support space requirements, area adjacency requirements, security concerns, future expansion accommodations, etc. ii. Prepare conceptual "bubble diagram" options for new or remodeled facilities to show global space needs and adjacencies. iii. Prepare a conceptual site plan diagram using aerial photos/maps to evaluate potential building expansion locations/orientation, or new construction. As well as any utility service impacts and parking/circulation impacts. iv. Review/discuss advantages and disadvantages of each option with Owner and select preferred plan and site plan alternatives for further refinement. V. Project cost estimates will be developed for options developed on a high level, square foot -based opinion of probable cost. Estimates will include all known costs required to develop a completed project. A. DELIVERABLES The following represents the anticipated deliverables from Five Bugles Design for the project. 1) One electronic copy of our final report. 2) 5 hard copies of the final report. 3) One presentation to the City Councilor other governing body. B. EXCLUSIONS The following services are excluded from this proposal. 1) Any and all work not specifically included in the above "scope of work" or "Scope of Work/Project Understanding" outlined in the RFP proposal document. 2) Hazardous materials sampling and abatement design. Environmental issues (including, but not limited to the presence of asbestos and lead) will be addressed by others. 3) Civil, Structural, Mechanical and Electrical engineering design services are not included in this proposal, only assessment of the current facilities. 4) Survey, soil borings, commissioning and construction testing are not included in this proposal, if it is determined that these services are required on the project, the services can be furnished upon a supplemental agreement. Five Bugles wendel Desig esig Dn Amy Scheller I Dubuque Fire Department C. ASSUMPTIONS 1) Wendel personnel will have access to the site, owner's personnel and information in support of existing condition investigations. 2) Environmental issues (including, but not limited to the presence of asbestos and lead) will be addressed by others. 3) It is assumed that plans of the existing stations will be provided to our team to be incorporated into our deliverable. If existing documents are not available, or do not suffice to complete appropriate floor plans without extensive field work, we reserve the right to request a change of scope to complete such field work. D. PROPOSED SCHEDULE: We anticipate a 18 week turn -around of deliverables upon receipt of this signed contract. Five Bugles Design anticipates starting work after receipt of this signed proposal. Timely receipt of call data, existing plans, technical documents, design criteria and approvals from others are necessary to accomplish our design work within the suggested schedule. E. PROPOSAL FEE: We trust the above scope of work meets the department's requirements. We are proposing to perform the scope of work presented in this proposal for a lump sum fee. The proposed fee for the project is detailed below. Task Five Bugles Design (Lump Sum) Proposed Fee Labor Phase A: Existing Facilities Assessment of six stations $45,000 Phase B: Station Location GIS Analysis $12,500 Phase C: Programming/Space Needs and Conceptual Designs of replacement/remodel of 6 stations $40,000 TOTAL $97,500 Five wendel Ds Deegsiggn,.. Amy Scheller I Dubuque Fire Department Fee Notes: 1) These fees include direct expenses such as first-class mailing, local mileage, and internal printing costs. 2) Reimbursable Costs such as costs of travel, mileage, travel related expenses and printing of presentation materials and reports will be invoiced at Cost to the Client, but will not exceed $2000.00. 3) Should Five Bugles Design be required to perform additional services beyond those outlined above, Five Bugles Design shall be compensated on an hourly or fixed sum basis for a mutually agreed scope of services. 4) Our fee and schedule proposal are valid for 60 days. If we do not receive a signed notice to proceed before that date, we reserve the right to re-evaluate our proposal. F. TERMS: This proposal and the attached "Appendix A" (Professional Services Terms and Conditions) are intended to represent the entire contractual relationship. Please contact me if you have any questions. If this proposal and attached general conditions are acceptable to you, please indicate your acceptance by signing both originals and return one (1) executed original to our office. Respectfully Submitted, Robert W. Kr owski Director of Emergency Services Senior Associate Principal Should Five Bugles Design's proposal be accepted, Wendel Architecture P.C., an Iowa State licensed architecture firm that is part of a consolidated group of Wendel Companies, will contract to undertake the work. Our letterhead and plans will still prominently say "Five Bugles Design" and we will refer to ourselves as Five Bugles Design throughout the project. ACCEPTANCE/ AUTHORIZATION: Accepted this 22nd day of June , 20 26 Print Name: Michael C. Van Milliqen Signature:�4J,� Title: City Manager Five wendel as Deegsiggn,.. PROFESSIONAL SERVICES TERMS AND CONDITIONS AGREEMENT. It is mutually understood and agreed that the Client's acceptance of the agreement to which these terms and conditions are attached constitutes an incorporation of these terms and conditions which, together with any attached supporting documentation, embody and constitute the entire understanding between the parties with respect to the transaction contemplated hereby and constitute a binding legal agreement ("Agreement"). If Wendel is authorized by the Client to provide services set forth in this Agreement or a Change Order, either orally or in writing, prior to formal acceptance of either, such authorization shall be deemed an acceptance of this Agreement effective as of the date Wendel commences providing the services, and such services shall be provided and compensated for in accordance with the terms and conditions contained in this Agreement. STANDARD OF CARE/PERFORMANCE. Wendel shall perform its services consistent with the professional skill and care ordinarily provided by design professionals practicing in the same or similar locality under the same or similar circumstances and shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the work. No warranty, guarantee or fiduciary relationship, either express or implied, is made or intended by this Agreement. OBLIGATIONS OF WENDEL. Wendel will prepare the work and deliverables in a timely manner but it is agreed between the parties that Wendel cannot be responsible for delays occasioned by factors beyond its control, nor by factors which could not reasonably have been foreseen at the time this Agreement was entered into. Wendel commits to provide adequate and qualified resources to meet the schedule, and will work with Proposal Recipient's management in a manner that enables management to make informed decisions. OBLIGATIONS OF PROPOSAL RECIPIENT. Client will work in a diligent and timely manner with Wendel to facilitate the contractual services required herein. To ensure a cooperative and successful effort, Client will commit to open disclosure of information required for the performance of services, will properly position Wendel with its staff, and will make available subject matter knowledgeable staff in a timely manner to address questions, unforeseen circumstances or other unexpected conditions that may arise. PAYMENT. Progress payments shall be made in proportion to services performed and shall be due and payable within thirty (30) days of invoice submittal, without retainage. Overdue invoices shall bear an interest rate of 1-1/2% per month calculated from the 31st day after submittal. Wendel reserves the right to suspend services if payment of any undisputed invoice amounts are sixty (60) days overdue. CHANGE ORDERS. During the term hereof the scope of services and compensation therefor may be adjusted by mutually agreed upon written Change Orders hereto. SUSPENSION AND TERMINATION BY WENDEL. If the Client (i) fails to timely make payments due, or (ii) suspends the work for more than ninety (90) calendar days for reasons other than the fault of Wendel, or (iii) substantially fails to perform in accordance with the terms of this Agreement through no fault of Wendel, then Wendel may suspend services or terminate this Agreement upon seven (7) days advance written notice to Client, and Client shall pay all sums due for services performed prior to suspension ortermination and any costs attributable to suspension ortermination. Upon any resumption of services, Fees and time schedules shall be equitably adjusted. Wendel may terminate this Agreement for default upon not less than seven (7) days written advance notice should Client substantially fail to perform in accordance with the terms of this Agreement through no fault of Wendel. Client shall pay all sums due for services performed prior to termination. SUSPENSION AND TERMINATION BY CLIENT. If the Client suspends the work, Wendel shall be compensated for services performed prior to notice of such suspension and Client will be liable for reasonable expenses incurred in the interruption and resumption of services. Upon resumption of services, Fees and time schedules shall be equitably adjusted. If the Client terminates this Agreement for its convenience, the Client shall compensate Wendel for Wendel's services performed prior to termination, reimbursable expenses incurred, and costs attributable to termination, including the reasonable costs attributable to Wendel's termination of consultant agreements. Client may terminate this Agreement for default upon not less than seven (7) days' advance written notice should Wendel substantially fail to perform in accordance with the terms of this Agreement through no fault of the Client. HAZARDOUS MATERIALS. To the fullest extent permitted by law, Client shall defend, indemnify and hold harmless Wendel, its affiliates, subconsultants and subcontractors, and their respective officers, directors, partners, employees, and agents from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of, or relating to the presence, discharge, release, or escape of asbestos, PCBs, petroleum products, radioactive materials, or any other hazardous materials at, on, under, or from the work site. OWNERSHIP OF DOCUMENTS. All the documents, reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, drawings, specifications and other documents, data or information prepared by Wendel in any form, including machine readable format, (collectively "Documents") are instruments of Wendel's services and shall remain the sole property of Wendel. Wendel retains all ownership and all other rights, including copyrights, in all such documents. LIMITATIONS ON USE OF DOCUMENTS. The Documents are prepared for use for the purpose and at the site identified in the Agreement or Change Order only and are not appropriate for use for any other purpose or site, except by the authorization and Page 1 of 3 Page 311 of 853 PROFESSIONAL SERVICES TERMS AND CONDITIONS agreement in writing with the appropriate compensation to Wendel. Client agrees to release Wendel and its affiliates from any liability associated with any unauthorized changes made to the Documents and their use thereof and further agrees to indemnify and hold harmless Wendel and its affiliates from any and all claims arising out of such changes or use. MACHINE READABLE MEDIA. Where Wendel agrees to supply some or all of the Documents in machine readable format (hereinafter "machine readable media"), the parties understand and agree that any Documents supplied in such machine readable format are so supplied as a convenience to the recipient. Such Documents are not intended to replace the printed forms of such Documents. The content of the Documents supplied by Wendel in printed form shall govern over the contents of Documents supplied in machine readable format. The recipient shall be solely responsible for comparing the output of the machine readable media with the printed Documents designated by Wendel as the contract documents and determining the accuracy of such output. Recipient shall only use the output of machine readable media for the limited purpose agreed to by Wendel and shall not alter, mediate or change the contents of such machine readable media in any way, or transfer to others, without the express written approval of Wendel. CONFIDENTIALITY. Wendel shall not disclose or permit the disclosure of any confidential information except to its employees of Wendel and its affiliates, and other consultants who need such confidential information in order to meet contractual obligations under this Agreement. PUBLICATION. Wendel has the right to photograph the work and to use the photos in the promotion of its professional practice through advertising, public relations, brochure or other marketing materials. Client agrees that Wendel has the authority to utilize its name as a client and general description of the work or service performed as references. Wendel will be given proper credit and acknowledgements for all services rendered including, but not limited to, planning, design and implementation. Proper credit shall be defined as being named by the Client (or their agent/owner) in project identification boards, published articles, promotional brochures and similar communications. DISPUTE RESOLUTION. In an effort to resolve any conflicts that arise during the design or construction of the work or following the completion of the work, the Client and Wendel agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non -binding mediation unless the parties mutually agree otherwise. The parties further agree to include a similar mediation provision in all agreements with independent contractors they retained for the work and to require all independent contractors and consultants to include a similar mediation provision in all agreements with their respective subcontractors, subconsultants, suppliers or fabricators retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. In the event resolution of any conflict cannot be settled as a result of non -binding mediation, it will be addressed in an appropriate court of proper jurisdiction. LIABILITIES. THE CLIENT AND WENDEL HAVE DISCUSSED THEIR RISKS, REWARDS AND BENEFITS OF THE WORK TO BE PERFORMED, WENDEL'S TOTAL FEE FOR SERVICES AND HAVE ALLOCATED THE RISKS SUCH THAT, UNLESS STATED OTHERWISE ELSEWHERE IN THIS AGREEMENT, THE CLIENT AGREES THAT TO THE FULLEST EXTENT PERMITTED BY LAW, WENDEL'S TOTAL LIABILITY TO THE PROPOSAL RECIPIENT FOR ANY AND ALL INJURIES, CLAIMS, LOSSES, EXPENSES, DAMAGES, OR CLAIM EXPENSES ARISING OUT OF THIS AGREEMENT FROM ANY CAUSE OR CAUSES INCLUDING, BUT NOT LIMITED TO, WENDEL'S NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY SHALL NOT EXCEED THE TOTAL COMPENSATION RECEIVED BY WENDEL UNDER THIS AGREEMENT OR THE LIMITS OF ALL APPLICABLE INSURANCE COVERAGE, WHICHEVER IS GREATER. INDEMNITY. Each Party agrees to indemnify the other from liability for losses, damages, or expenses (including reasonable costs and attorney's fees) to the extent caused by the Party's negligent acts, errors, or omissions relating to this Agreement, subject to any limitations of liability set forth elsewhere herein. CONSEQUENTIAL DAMAGES. NEITHER PARTY WILL BE RESPONSIBLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. BUDGET/CONTINGENCY. The Client agrees to establish a realistic budget for the cost of the work; the budget will include a contingency fund which will be used solely for the purpose of paying for contractor change orders, addressing omissions from the construction documents, and Client approved Change Orders for Wendel's services. OPINIONS OF CONSTRUCTION COST. Any opinion of construction cost prepared by Wendel represents its judgement as a design professional and is supplied for the general guidance of the Client. Since Wendel has no control over the cost of labor and material, or over competitive bidding or market conditions, Wendel does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the Client. FORCE MAJEURE. Neither Party shall hold the other responsible for damages or delays in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the reasonable control of the other or the other's employees and agents. PURCHASE ORDERS. Client acknowledges and agrees that any purchase order issued by Client in accordance with this Agreement is intended only to establish payment authority for Client's internal accounting purposes. No purchase order shall be considered to be a counteroffer, amendment, modification, or other revision to the terms of this Agreement. WAIVER. No waiver by either Party hereto or any failure or refusal by the other Party hereto to comply with its obligations hereunder shall be deemed a waiver of any other or subsequent failure or refusal by such Party to so comply. Page 2 of 3 Page 312 of 853 PROFESSIONAL SERVICES TERMS AND CONDITIONS GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the state in which the work or Project is located, without regard to principles of conflict of laws. THIRD PARTY BENEFICIARIES. This Agreement is made solely for the benefit of the Client and Wendel, their successors and assigns, and no other person shall have any right, benefit or interest under or because of this Agreement. AUTHORITY. Each Party represents and warrants to the other that it has the requisite authority to accept, deliver and perform this Agreement. PUBLIC RECORDS. Wendel acknowledges that Client is a governmental body subject to Iowa Code Chapter 22. As such, this Agreement and certain records created, received, or maintained in connection with the services to be provided hereunder (collectively, "Records") may constitute public records subject to disclosure in accordance with applicable law. The parties agree that any confidentiality obligations set forth in this Agreement are subject to and shall be interpreted in a manner consistent with applicable law, including Iowa Code Chapter 22. Nothing in this Agreement is intended to prevent Client from complying with its legal obligations regarding the disclosure of public records. To the extent Wendel believes that specific Records contain confidential or proprietary information, Wendel shall clearly identify such information in writing at the time of disclosure and, where practicable, cite the basis for confidential treatment under Iowa law. The parties acknowledge that such designation does not guarantee non -disclosure. To the extent permitted by law and practicable under the circumstances, Client will make reasonable efforts to notify Wendel of a request for disclosure of Records that Wendel has identified as confidential. Wendel may, at its own expense, pursue any lawful remedies to prevent or limit disclosure, but under no circumstances shall Client be required to withhold disclosure beyond what is required by applicable law. Wendel agrees to reasonably cooperate with Client in responding to requests under Iowa Code Chapter 22, including assisting in identifying and locating responsive Records and, where appropriate, distinguishing information claimed to be confidential. Consultant understands that Client cannot guarantee the confidentiality of information provided under this Agreement and that disclosure may be required by law. The provisions of this PUBLIC RECORDS section shall survive the termination or expiration of this Agreement. INSURANCE. Wendel agrees to provide and maintain insurance coverage as set forth in Client's Insurance Requirements for Professional Services - Insurance Schedule J, attached hereto, at all times during the term of this Agreement and, from time to time at the request of Client, furnish Client with proof of insurance in the form of a certificate of insurance wherein Client is named as an additional insured for each applicable policy. Page 3 of 3 Page 313 of 853 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Project # or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub- subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. 8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. 9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to written mutual agreement attached hereto. Page 1 of 4 Schedule J Professional Services December 2024 Page 314 of 853 City of Dubuque Insurance Requirements for Professional Services INSURANCE SCHEDULE J (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 4) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 26. 5) Policy shall include Waiver of Right to Recover from Others endorsement. 6) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13t" Street Dubuque, Iowa 52001. B) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Page 2 of 4 Schedule J Professional Services December 2024 Page 315 of 853 City of Dubuque Insurance Requirements for Professional Services Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. D) UMBRELLA/EXCESS LIABILITY $1,000,000 The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non- contributory in favor of the City. E) PROFESSIONAL LIABILITY $2,000,000 If the required policy provides claims -made coverage: 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims - made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. F) CYBER LIABILITY/BREACH $1,000,000 Yes No Coverage for First and Third Party breach liability including but not limited to lost data and restoration, loss of income and cyber breach of information. Page 3 of 4 Schedule J Professional Services December 2024 Page 316 of 853 City of Dubuque Insurance Requirements for Professional Services Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 4 of 4 Schedule J Professional Services December 2024 Page 317 of 853 / AC"R " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 05/13/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Matthew Mullard NAME: Brown & Brown Insurance Services, Inc. o Ext : (781) 245-5400 (ACC, No): (781) 245-5463 AIIC, No, 500 Victory Rd E-MAIL matt.mullard@bbrown.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Marina Bay North Quincy MA 02171 INSURERA: The Travelers Indemnity Company of America 25666 INSURED INSURER B : The Charter Oak Fire Insurance Company 25615 Wendel Architecture P.C.; Wendel, LLC INSURER C : The Travelers Indemnity Company 25658 375 Essjay Road, Suite 200 INSURER D : Travelers Casualty Insurance Company of America 19046 INSURER E : XL Specialty Insurance Company 37885 INSURER F Williamsville NY 14221 COVERAGES CERTIFICATE NUMBER: 2026 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR DAMAGE PREM SESO(Ea occurrence) $ 1,000,000 _7RETED MED EXP (Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 A Y Y 680OJ41612A 04/13/2026 04/13/2027 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO B OWNED X SCHEDULED AUTOS ONLY AUTOS Y Y BA5R577993 04/13/2026 04/13/2027 X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 6,000,000 AGGREGATE $ 6,000,000 C EXCESS LIAB CLAIMS -MADE Y Y CUP8818Y486 04/13/2026 04/13/2027 DED I X1 RETENTION $ 10,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A Y UB2K985587 04/13/2026 04/13/2027 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 1,000,000 $ E Prof Liability Pollution Liability DPR5052146 12/31/2025 12/31/2026 Per Claim Aggregate 5,000,000 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Wendel Project # 655301 — Dubuque Fire Department Study Dubuque Fire Department and all others required are included as additional insured to the extent allowed on the blanket additional insured endorsements included on the above listed policies. Includes 30-day notice of cancellation & waiver of subrogation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Dubuque Fire Department ACCORDANCE WITH THE POLICY PROVISIONS. 11 West 9th Steet AUTHORIZED REPRESENTATIVE Dubuque IA 52001 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 318 of 853 TRAVELERS Report Claims Immediately by Calling* 1-800-238-6225 Speak directly with a claim professional 24 hours a day, 365 days a year *Unless Your Policy Requires Written Notice or Reporting ARCHITECTS PLAN A Custom Insurance Policy Prepared for: WENDEL,LLC; AND AS PER IL T8 00 375 ESSJAY RD STE 200 WILLIAMSVILLE NY 14221 Presented by: BROWN & BROWN INS SVCS Page 319 of 853 TRAVELERS!' One Tower Square, Hartford, Connecticut 06183 CHANGE ENDORSEMENT INSURING COMPANY: THE TRAVELERS INDEMNITY COMPANY OF AMERICA Named Insured: Policy Number: Policy Effective Date: Policy Expiration Date: Issue Date: Premium $ WENDEL,LLC; AND AS PER IL T8 00 680-OJ41612A-26-47 04/13/2026 04/13/2027 05/12/2026 NIL Effective from 05/12/26 at the time of day the policy becomes effective. THIS INSURANCE IS AMENDED AS FOLLOWS: The following forms and/or endorsements is/are included with this change. These forms are added to the policy or replace forms already existing on the policy: IL TO 07 09 87 IL T4 21 03 16 NAME AND ADDRESS OF AGENT OR BROKER BROWN & BROWN INS SVCS 500 VICTORY RD NORTH QUINCY MA 021713139 Countersigned by Authorized Representative DATE: 05/12/2026 IL TO 07 09 87 (Page 1 of 1 ) Office: PLAN A & E Page 320 of 853 POLICY NUMBER: 680-OJ41612A-26-47 EFFECTIVE DATE: 04/13/2026 ISSUE DATE: 05/12/2026 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS * IL TO 07 09 87 CHANGE ENDORSEMENT IL TO 19 02 05 COMMON POLICY DECLARATIONS MP TO O1 02 05 BUSINESSOWNERS COVERAGE PART DECLARATIONS * IL T8 01 01 01 FORMS ENDORSEMENTS AND SCHEDULE NUMBERS IL T3 15 09 07 COMMON POLICY CONDITIONS IL TO 20 02 05 ADDITIONAL LOCATIONS BUSINESSOWNERS MP TO 25 02 05 SPECIAL PROVISIONS - LOSS PAYEE CP 12 18 10 12 LOSS PAYABLE PROVISIONS MP T3 52 03 19 NAMED STORM PERCENTAGE DEDUCTIBLE MP T1 30 02 05 TABLE OF CONTENTS - BUSINESSOWNERS COVERAGE PART - DELUXE PLAN MP PO 07 09 15 ARCHITECTS, ENGINEERS AND SURVEYORS FLOOD ENDORSEMENT MP PO O8 09 15 ARCHITECTS, ENGINEERS AND SURVEYORS EARTHQUAKE ENDORSEMENT MP T1 02 02 05 BUSINESSOWNERS PROPERTY COVERAGE SPECIAL FORM MP T1 05 02 05 AMENDATORY PROVISIONS - OFFICES MP PO 06 11 23 ARCHITECTS, ENGINEERS AND SURVEYORS PROPERTY ENHANCEMENTS MP T3 70 09 22 ELECTRONIC VANDALISM LIMITATION AND OTHER CHANGES MP T5 30 11 12 FUNGUS WET ROT AND DRY ROT CHANGES - NEW YORK MP T3 07 03 97 PROTECTIVE SAFEGUARDS ENDORSEMENT FOR SPRINKLERED LOCATIONS AND RESTAURANTS MP T3 25 01 21 FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE MP T3 49 10 06 BUSINESS INCOME AND EXTRA EXPENSE - POLICY LEVEL DOLLAR LIMIT ENDORSEMENT MP T3 50 11 06 EQUIPMENT BREAKDOWN - SERVICE INTERRUPTION LIMITATION MP T3 56 02 08 AMENDATORY PROVISIONS - GREEN BUILDING AND BUSINESS PERSONAL PROP COV ENHANCEMENTS MP T4 42 01 89 NEW HAMPSHIRE CHANGES DEFINITIONS MP T3 00 09 22 DIGITAL ASSETS EXCLUSIONS - DIGITAL CURRENCY AND NON -FUNGIBLE TOKENS CP O1 23 04 08 OHIO CHANGES CP O1 32 01 20 ARIZONA CHANGES CP O1 69 03 11 NH STANDARD FIRE POLICY PROVISIONS CP T9 58 07 24 ARIZONA CHANGES CP T9 69 02 11 WISCONSIN CHANGES IL 12 12 12 24 MINNESOTA CHANGES - TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY MP T5 45 01 18 NEW YORK CHANGES * TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE. IL T8 01 01 01 PAGE: 1 OF 4 Page 321 of 853 POLICY NUMBER: 680-OJ41612A-26-47 EFFECTIVE DATE: 04/13/2026 ISSUE DATE: 05/12/2026 BUSINESSOWNERS (CONTINUED) MP T4 19 01 00 WISCONSIN CHANGES MP T4 81 01 00 GEORGIA CHANGES - "POLLUTANTS" MP T5 01 02 25 GEORGIA CHANGES MP T5 32 05 20 MINNESOTA CHANGES MP T5 49 02 23 CONNECTICUT CHANGES COMMERCIAL GENERAL LIABILITY CG D4 69 02 19 TOT AGG LIMIT OTHER THAN PROJECTS CG TO 07 04 09 DECLARATIONS PREMIUM SCHEDULE CG TO 08 07 86 KEY TO DECLARATIONS PREMIUM SCHEDULE CG TO 34 02 19 TABLE OF CONTENTS - COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG T1 00 02 19 CG T1 00 02 19 COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 24 04 12 19 WVR OF TRANS OF RIGHTS OF RECOVERY CG D2 37 02 19 EXCLUSION - REAL ESTATE DEVELOPMENT ACTIVITIES - COMPLETED OPERATIONS CG D3 09 02 19 AMENDATORY ENDORSEMENT - PRODUCTS -COMPLETED OPERATIONS HAZARD CG D3 82 09 15 SCHEDULED ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) CG D6 75 02 19 AMEND -WHO IS INS-ARCHIT/ENG/SURVEY ACTIV CG D9 10 09 21 AMENDMENT OF INTELLECTUAL PROPERTY EXCLUSION CG F5 62 02 09 LIMITATION WHEN TWO OR MORE COVG PARTS APPLY TO THE SAME CLAIM OR SUIT - NY CG T8 01 04 26 GENERAL PURPOSE ENDORSEMENT CG T8 02 04 26 GENERAL PURPOSE ENDORSEMENT CG T8 03 04 26 GENERAL PURPOSE ENDORSEMENT CG T8 04 04 26 GENERAL PURPOSE ENDORSEMENT CG T8 05 04 26 GENERAL PURPOSE ENDORSEMENT CG D3 79 02 19 XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS CG D4 26 02 19 OTHER INS-DESIG ADDL INS -PRIMARY CG D4 18 11 09 EXCLUSION - PROFESSIONAL SERVICES - ARCHITECTS, ENGINEERS OR SURVEYORS CG D4 21 07 08 AMEND CONTRAL LIAB EXCL - EXC TO NAMED INS CG D6 18 10 11 EXCLUSION - VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS CG D6 99 08 13 AMEND LIQ EXCL-EXCEPT SCHED PREM/ACTIV CG D9 44 01 23 EXCLUSION - VIOLATION OF BIOMETRIC INFORMATION PRIVACY LAWS CG FO 94 01 25 EXCLUSION - LEAD - NEW YORK CG D1 42 02 19 EXCLUSION - DISCRIMINATION CG 26 21 10 91 NEW YORK CHANGES - TRANSFER OF DUTIES WHEN A LIMIT OF INSURANCE IS USED UP * TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE. IL T8 01 01 01 PAGE: 2 OF 4 Page 322 of 853 POLICY NUMBER: 680-OJ41612A-26-47 EFFECTIVE DATE: 04/13/2026 ISSUE DATE: 05/12/2026 COMMERCIAL GENERAL LIABILITY (CONTINUED) CG F2 63 02 19 NEW YORK CHANGES - COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG F9 34 02 19 AMENDMENT OF DUTIES IN EVENT OF AN OCCURRENCE, OFFENSE, CLAIM OR SUIT CONDITION EMPLOYEE BENEFITS LIABILITY CG TO 09 09 93 EMPLOYEE BENEFITS LIABILITY COVERAGE PART DECLARATIONS CG TO 43 01 16 TABLE OF CONTENTS - EMPLOYEE BENEFITS LIABILITY COVERAGE FORM CG T1 01 01 16 EMPLOYEE BENEFITS LIABILITY COVERAGE FORM CG D9 48 01 23 EXCLUSION - VIOLATION OF BIOMETRIC INFORMATION PRIVACY LAWS CG F7 18 08 12 NEW YORK CHANGES - TRANSFER OF DUTIES WHEN A LIMIT OF INSURANCE IS USED UP CG T9 14 01 16 NEW YORK CHANGES - EBL MULTIPLE SUBLINE ENDORSEMENTS CG O1 04 12 04 NEW YORK CHANGES - PREMIUM AUDIT COMMERCIAL INLAND MARINE CM TO 05 01 98 CONTRACTOR'S EQUIPMENT COVERAGE - DECLARATIONS CM TO 11 08 05 COMMERCIAL INLAND MARINE COVERAGE PART - TABLE OF CONTENTS CM 00 01 09 04 COMMERCIAL INLAND MARINE CONDITIONS CM T8 94 09 93 LOSS PAYABLE PROVISIONS CM T1 03 01 98 CONTRACTORS EQUIPMENT - SPECIAL CM T3 98 01 21 FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE CM T9 22 09 07 ARCHITECTS, ENGINEERS AND SURVEYORS EQUIPMENT ENDORSEMENT CM U1 64 01 23 NEW YORK - ELECTRONIC VANDALISM LIMITATION AND OTHER CHANGES CM U6 41 01 23 DIGITAL ASSETS EXCLUSIONS - DIGITAL CURRENCY AND NON -FUNGIBLE TOKENS CM O1 04 09 15 NEW YORK CHANGES CM O1 05 01 01 WISCONSIN CHANGES CM O1 27 09 00 NEW HAMPSHIRE CHANGES - LOSS PAYMENT CM O1 40 04 08 OHIO CHANGES CM O1 43 01 20 ARIZONA CHANGES CM T9 08 01 98 ADDITIONAL COVERAGES CHANGES - NEW YORK INTERLINE ENDORSEMENTS IL FO 63 05 13 NEW YORK - EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA * TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE. IL T8 01 01 01 PAGE: 3 OF 4 Page 323 of 853 POLICY NUMBER: 680-OJ41612A-26-47 EFFECTIVE DATE: 04/13/2026 ISSUE DATE: 05/12/2026 INTERLINE ENDORSEMENTS (CONTINUED) IL TO 63 07 22 ACTUAL CASH VALUE IL T3 20 05 19 NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US IL T4 12 03 15 AMNDT COMMON POLICY COND-PROHIBITED COVG IL T4 14 01 21 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM * IL T4 21 03 16 WAIVER OF GOVERNMENTAL IMMUNITY IL T4 27 06 19 ADDITIONAL BENEFITS IL T4 40 10 20 PROTECTION OF PROPERTY IL T3 82 05 13 EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA IL T8 00 04 26 GENERAL PURPOSE ENDORSEMENT IL T8 02 04 26 GENERAL PURPOSE ENDORSEMENT IL 00 23 07 02 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) IL 01 06 04 15 VIRGINIA CHANGES - APPRAISAL IL 01 52 10 15 VIRGINIA CHANGES IL 01 83 08 08 NEW YORK CHANGES - FRAUD IL 01 87 09 07 NEW HAMPSHIRE CHANGES - CONCEALMENT, MISREPRESENTATION OR FRAUD IL 02 68 01 14 NEW YORK CHANGES - CANCELLATION AND NONRENEWAL IL F1 42 06 19 EXCLUSION - DESIGNATED PERSONS OR ORGANIZATIONS - NEW YORK IL F1 53 12 22 ACTUAL CASH VALUE - NEW YORK IL F1 54 12 22 ACTUAL CASH VALUE DEFINITION - GEORGIA IL T4 00 05 19 DESIG PERSON, ORG-NOTICE PROVIDED BY US POLICY HOLDER NOTICES PN MP 57 04 17 IMP NOT PROT SAFEGUARDS SPRK AND REST PN MP 61 04 21 IMP NOT W/H NAMED STRM DED - NY PN T1 88 05 93 ORDINANCE AND LAW ADDITIONAL COVERAGE AVAILABLE PN T5 74 09 22 NOTICE NY HAZARDOUS MATERIAL REPORT PN U2 45 01 16 NY DISCLOSURE ADDENDUM - EBL PN MP 38 01 11 IMPORTANT NOTICE - JURISDICTIONAL INSPECTIONS PN T1 01 10 19 NOTICE - IMPORTANT INFORMATION REGARDING YOUR INSURANCE - VIRGINIA PN T9 13 01 13 IMP NOTICE TO VA POLICYHOLDERS - EQ * TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE. I L T8 01 01 01 PAGE: 4 OF 4 Page 324 of 853 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF GOVERNMENTAL IMMUNITY This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY THAT PROVIDE LIABILITY COVERAGE We will waive, both in the adjustment of claims and in the defense of "suits" against the insured, any governmental immunity of the insured, unless the insured requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. IL T4 21 03 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 325 of 853 THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: June 22, 2026 Dubuque All -America ClW 2007-2012.2013 2017*2019 RE: Request to Sign Contract — 1411 Street Storm Sewer and Street Repairs Attached is the short Form Public Improvement Contract between the City of Dubuque and Dan Arensdorf Construction, Inc. of Dubuque, IA for the repair of storm sewer and street which failed during a storm event on June 10, 2026 causing the roadway to buckle and create a travel hazard. 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. Page 326 of 853 THE CITY OF Dubuque tr� UB E *arm" 2007-2012.2013 2017*2019 Masterpiece on the Mississippi City of Dubuque Engineering Department (address) Dubuque, IA 52001 Phone # 563-589-4270 CITY OF DUBUQUE, IOWA SHORT FORM PUBLIC IMPROVEMENT CONTRACT PROJECTS ESTIMATED AT LESS THAN $100,000.00 Check Appropriate Box El Estimate under $25,000.00 ❑ Estimate between $25,000.00 and $99,999.99 THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and Arensdorf Construction (Contractor Name) 8785 Scenic Hill Ln. Dubuque, IA 52003 (Contractor's Address - City and State) PROJECT TITLE: 14th Street Storm and Street Repairs (Contractor) at (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and eauioment and to Derform all labor necessary for: Repairing storm sewer and street which failed during storm event on 6-10-2026 causing roadway to buckle and creating a travel hazard. The work described above shall be completed at the following location(s): Two locations on 14th street between Jackson and Washington streets in East bound lane. The Project shall be constructed to the meet the requirements as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following where applicable: Page 327 of 853 Documents listed in bold should be attached to this document upon submission. • Request for Bid or procurement documentation; • This Contract; • All ordinances and resolutions heretofore adopted by the City Council having to do with the Project; • The Contractor's Bid or procurement documentation, • Consent Decree Certification Form, if applicable (Exhibit A); • Bond Form, if applicable (Exhibit B); • Plans and Specifications; • SUDAS Standard Specifications (Current Edition) including but not limited to Division 1: General Provisions and Covenants and the City of Dubuque Supplemental Specifications — Division 1 (Current Edition); • General Requirements as adopted by the City Council for the Project; • Insurance Schedule F (Exhibit C); and • Other Is the project over $25,000.00? ❑ Yes 0 No If yes, Bond Form is required, see Exhibit B. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. 5. Three (3%) of the Contract price may be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Manager to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Contract and the project description described in Section 1 and the Contract Documents outlined in Section 2 and agrees not to plead misunderstanding or deception. 7. The Contractor shall guarantee for a period of two years and make good any other defect in any part of the Project due to improper construction or material performance notwithstanding the fact that said Project may have been accepted and fully paid for by the City. The guarantee shall commence on the date that the City pays full compensation for the complete performance of this contract. Page 328 of 853 8. The Contractor shall fully complete the Project under this Contract on or before July 10, 2026 (DATE) 9. Indemnification from Third Party Claims; Liability for City Damage. A. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its officers and employees, from and against all claims, damages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Contract, including but not limited to attorneys' fees, arising out of or resulting from performance of this Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. B. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 10. Prior to the commencement of any work on the Project and at all times during the performance of this Contract, the Contractor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule F attached to this Contract as Exhibit C. 11. Permits and Licenses. Contractor further represents and warrants that Contractor will obtain all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Contract, including any permits and licenses that might be required by the state or locality in which Contractor performs the Services, and Contractor agrees to maintain, at Contractor's sole expense, such required permits and licenses for the duration of the term(s) of this Contract. 12. Legal Compliance. Contractor is responsible for compliance with all applicable laws, statutes, rules, regulations, and ordinances which may apply to the performance of Contractor's obligations under this Contract, including but not limited to the laws outlined in Exhibit , and hereby represents and warrants that Contractor is in compliance with the same as of the Closing/Effective Date and further represents that during the Term Contractor will remain in compliance. Contractor shall require all contractors and subcontractors providing services under this Contract shall also certify compliance with this Section. When Applicable: Contractor further represents and warrants that Contractor has obtained all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Contract, including any permits and licenses that might be required by the state or locality in which Contractor performs the Services, and Contractor agrees to maintain, at Contractor's sole expense, such required permits and licenses for the durations of the term(s) of this Contract. 13. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice delivered to the Contractor. Page 329 of 853 14. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be the Iowa District Court for Dubuque County 15. The City is exempt from federal excise tax and Iowa sales tax. 16. In the event any article, service, or process sold, delivered and/or performed hereunder is covered by any patent, copyright, or application for either, the Contractor will indemnify and save harmless the City from any and all loss, cost, or expenses on account of any and all claims, suits, or judgments on account of the use or sale of such article or the use of such service or process in violation of any patent, copyright, or application. 17. The Contractor agrees not to release any advertising copy mentioning the City or quoting the opinion of any City employee without prior written authorization from the City of Dubuque. 18. Current Safety Data Sheets (SDS), when applicable to the order, will be provided by the Contractor in accordance with all regulations. 19. The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of the Contractor's proposal, and are not subject to change by reason of any written or verbal statements by the Contractor or by and terms stated in the Contractor's acknowledgment unless same be accepted in writing by the City. 20. The City of Dubuque, State of Iowa and Department of Justice have entered into a Consent Decree requiring the City to complete certain capital improvements pursuant to an established schedule and to comply with certain capital improvements pursuant to an established schedule and to comply with certain reporting and recordkeeping requirements. One of the terms of the Consent Order is for the City to advise contractors whose duties might reasonably include compliance with any provision of the Consent Decree with a copy of the Consent Decree. The City expects its contractors to comply with the Consent Decree and to assist the City in complying with the Consent Decree. As a requirement of this Contract, the Contractor shall execute and return to City Exhibit the Certification Form attached this this Contract as Exhibit A. THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE APPLICABLE. ❑✓ THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. Page 330 of 853 THE CITY AGREES: The City agrees to pay the Vendor for the work actually performed under this Contract, up to the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT: $ 24,900.00 CITY OF DUBUQUE, IOWA CONTRACTOR: By:y06/22/2026 D" Ayr`"+d ,fn d, Date Company Name By: P4X4�4 AA Signature ,!Ini ed Av--eucjncC Printed Name R.-es i A-ent Title 9 D to Page 331 of 853 DANAREN-01 H(_(JKLJ CERTIFICATE OF LIABILITY INSURANCE DATE6/9/2 D/YYYY) /9/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riahts to the certificate holder in lieu of such endorsement(s). PRODUCER TRICOR, LLC - Dubuque 600 Star Brewery Drive Suite 110 Dubuque, IA 52001 INSURED Dan Arensdorf Construction Inc 8785 Scenic Hill Ln Dubuque, IA 52003 Madison Straka INSURER F : 467-5607 1709 I (,vc, No): liAtricori nsurance.com Rf1VFRAnP_Q RFRTIFIRATF NIIMRFR• RFVICI(1N NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F_X] OCCUR X12051 I 3/30/2026 3/30/2027 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 300,000 $ MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � PE0 F—xl LOC OTHER: GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $ 3,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X12051 3/30/2026 3/30/2027 COMBINED SINGLE LIMIT Ea accident 1,000,000 $ X BODILY INJURY Perperson) $ BODILY INJURY Per accident $ P OPER-ent AMAGE $ A UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X12051 3/30/2026 3/30/2027 EACH OCCURRENCE $ 2,000,000 X AGGREGATE $ 2,000,000 DIED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ FMand tory in NH) EXCLUDED? If yes, describe under DESCRIPTION OF OPERATIONS below N / A X12051 3/30I2026 3/30/2027 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 500,000 $ E.L. DISEASE - EA EMPLOYEE 500,600 $ E.L. DISEASE - POLICY LIMIT 500,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage applies only to the extent provided by the policy and subject to all of the policy terms, conditions, exclusions, endorsements and all applicable laws. rr-PTIFIrATF wr)i nFR rAN(`FI I ATInki SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Dubuque Engineering Department Y q 9 9 p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 50 W 13th Street Dubuque, IA 52001 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 332 of 853 THE CITY OF DUB E Masterpiece on the Mississippi TO: Mike Van Milligen, City Manager FROM: Duane Richter, Traffic Engineer DATE: June 22, 2026 Dubuque All -America ClW 2007-2012.2013 2017*2019 RE: Request to Sign Contract — Asbury, Carter, Chaney Traffic Signal Project Attached are the Public Improvement Contract and Performance, Payment & Maintenance Bond between the City of Dubuque and Portzen Construction of Dubuque, IA for the Asbury, Carter, Chaney Traffic Signal Project. It would be appreciated if you would execute the attached documents related to this project. Please return it to the Engineering office for further processing. Attach. cc: Kerry Bradley, Eng. Dept. Page 333 of 853 SECTION 00500 Page 1 of 5 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 THIS IMPROVEMENT CONTRACT (the Contract), dated for references purposes the 16th day of June, 2026 between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Portzen Construction, -Inc. -(Contractor). For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: To furnish all material and equipment and to perform all labor necessary for the Asbury, Carter & Chaney Traffic Signal Improvement Project (Project). 2. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: 1. Project Title Page (Section 00100). 2. Project Directory Page (Section 00101). 3. This Public Improvement Contract (Section 00500). 4. Performance, Payment, and Maintenance Bond (Section 00600). 5. Out -of -State Contractor Bond (Section 00610). 6. Other Bonds: a. (Bond Name) b. (Bond Name) C. (Bond Name) (pages _ to _ , inclusive). (pages to , inclusive). (pages _ to _ , inclusive). 7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2023 Edition. 8. CITY OF DUBUQUE Supplemental Specifications 2023 Edition. 9. Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual. 10. Special Provisions included in the project Contract Document Manual. 11. Drawings - Sheet No. through No. (All pages) or drawings consisting of sheets bearing the following general title: All Sheets — Asbury — Carter and Chaney Intersection Improvements 12.Addenda (numbers —to_, inclusive). 13. Insurance Provisions and Requirements (Section 00700). 14. Sales Tax Exemption Certificate (Section 00750). 15. Site Condition Information (Section 00775). 16. Construction Schedule and Agreed Cost of Delay (Section 00800). 17. Erosion Control Certificate (Section 00900). Page 334 of 853 SECTION 00500 Page 2 of 5 18. Consent Decree (Section 01000). 19.Other Project Information and Permits (Sections 00000 - 00000). 20. Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages to inclusive). b. Bidder Status Form (Section 00460). c. The following documentation that must be submitted by Contractor prior to Notice of Award. i. Contractor Background Information Form (Section 00470/00471) ii. 21. The following which may be delivered or issued on or after the Effective Date of the Agreement: a. Notice to Proceed (Section 00850). b. Project Certification Page (Section 00102). c. Change Orders (Not attached to this agreement). 22.Authorization Resolution: a. Resolution No. 286-17 Authorizing City Manager to Execute Contracts and Leases (Exhibit C), or b. Project Specific Resolution (Resolution No. There are no other Contract Documents. The Contract Documents may only be amended, modified, or supplemented as provided in this Contract. 3. All materials used by the Contractor in the Project must be of the quality required by the Contract Documents and must be installed in accordance with the Contract Documents. 4. The Contractor must remove any materials rejected by the City as defective or improper, or any of said work condemned as unsuitable or defective, and the same must be replaced or redoneto the sati sf ction of the City at the sole cost and expense of the Contractor. M�4 5. Five percent % the Contract price will be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Council to pay any claim by any party that may be filed for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that thirty (30) day period, as provided in Iowa Code Chapter 573 or Iowa Code Chapter 26. The City will also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums will be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Contract Documents herein referred to and agrees not to plead misunderstanding or deception related to estimates of quantity, character, location or other conditions for the Project. 7. In addition to any warranty provided for in the specifications, the Contractor must also fix any other defect in any part of the Project, even if the Project has been accepted and fully paid for by the City. The Contractor's maintenance bond will be security for a period of two years after the issuance of the Certificate of Substantial Completion. Page 335 of 853 SECTION 00500 Page 5 of 5 8. The Contractor must fully complete the Project under this Contract on or before the date indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract Documents. 9. Indemnification; Liability for City Damage a. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. b. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 10. The Contractor hereby represents and guarantees that it has not, nor has any other person for or in its behalf, directly or indirectly, entered into any arrangement or Contract with any other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; and it has not, nor has another person for or in its behalf directly or indirectly, entered into any Contractor arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the award of this Contract and agrees that in case it hereafter be established that such representations or guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but in no event less than $2,000.00 (Two Thousand Dollars) to the City as agreed upon damages. 11. The surety on the Bond furnished for this Contract must, in addition to all other provisions, be obligated to the extent provided for by Iowa Code 573.6 relating to this Contract. 12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of Substantial Completion has been issued by the City, it will keep and maintain the Project in good repair for a period of two (2) years. 13. The City may terminate this Contract with or without cause upon sixty (60) days' written notice delivered to the Contractor. 14. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be in the Iowa District Court for Dubuque County. 15. Counterparts and Electronic Signatures. This Contract may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same document. This Contract may be executed by the parties and transmitted by SECTION 00500 electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Contract. Page 336 of 853 SECTION 00500 Page 4 of 5 16. Currency. All prices and financial terms referenced herein are intended to be in U.S. dollar and shall remain in U.S. dollars despite any exchange rate. 17. Conflict in Terms. In the event of a conflict between the terms of this Contract and the terms of any of the Contract Documents, the terms of this Contract shall prevail. 18. Legal Compliance. a. The Contractor is responsible for compliance with all applicable laws, statutes, rules, regulations, and ordinances which may apply to the performance of Contractor's obligations under this Contract, including but not limited to the laws outlined in Exhibit D, and hereby represents and warrants that Contractor is in compliance with the same as of the Effective date and further represents that during the Term Contractor will remain in compliance. Contractor shall require all contractors and subcontractors providing services under this Contract shall also certify compliance with this Section. b. When Applicable: Contractor further represents and warrants that Contractor has obtained all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Contract, including any permits and licenses that might be required b the state or locality in which Contractor performs the Services, and Contractor agrees to maintain, at Contractor's sole expense, such required permits and licenses for the duration of the term(s) of this Contract. 19. Federally Assisted Project. Is this project funded fully or in part with federal funds? ❑ Yes (if yes, provision a. and b. below apply) x❑ No a. The City and the Contractor agree to comply with all provisions of the Davis -Bacon Federal Prevailing Wage Act, related labor requirements and regulations and the Federal Wage Determination for this Project. b. Equipment or products authorized to be purchased with federal funding awarded for this Contract must be American made to the maximum extent feasible, in accordance with Public Law 103-121, Sections 606(a) and (b). THE CITY AGREES: The City agrees to pay the Contractor for the work actually performed under this Contract, up to the amount stated below, less any damages provided for in the Contract Documents. CONTRACT AMOUNT $ 348,287.98 Page 337 of 853 CITY OF DUBUQUE, IOWA: City Manager's Office Dep,prtment By, U�/(Z . Sig6af,Tre Michael C. Van Milligen Printed Name City Manager Title 06/22/2026 Date CONTRACTOR: Portzen Construction, Inc. Contractor V By; U"� Signature Michael J. Porzen Printed Name President Title 06-17-26 Date SECTION 00500 Page 5 of 5 Page 338 of 853 Bond #54268931 SECTION 00600 Page 1 of 4 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 KNOW ALL BY THESE PRESENTS: That we, Portzen Construction, Inc., as Principal (hereinafter the "Contractor" or "Princip-al") and United Fire & Casualty Company , as Surety are held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of Three hundred fourty-eiqht thousand two hundred eighty-seven dollars and ninety-eight cents ($348,287.98), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Owner, bearing date the 16t" day of June, 2026, (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following project in accordance with the Contract Documents, and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. The Contract Documents for Asbury, Carter & Chaney Traffic Signal Improvement Project detail the following described improvements: The scope of the Project is as follows: The Asbury, Chaney & Carter Traffic Signal Improvement Project will provide for the following: At the Intersections of Asbury and Carter the removal and replacement of signals, conduits, installation of ADA compliant sidewalks, removal and replacement of roadway in designated locations, installations of pavement markings. The Asbury and Chaney intersection will need to have new conduit, traffic cabinet foundation, the removal and replacement of existing signals, rewiring of the entire intersection, installation of ADA compliant sidewalks, removal and replacement of roadway in designated locations, installations of pavement markings. It is expressly understood and agreed by the Contractor and Surety in this Bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit - PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract and Contract Documents, by reference made a part hereof, for the project, and shall indemnify and save harmless the Owner from all outlay and expense incurred by the Owner by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, Page 339 of 853 SECTION 00600 Page 2 of 4 gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Owner is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract Documents within the period of two (2) year(s) from the date of acceptance of the work under the Contract, by reason of defects in workmanship, equipment installed, or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Owner all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. Contractor's and Surety's Contract herein made extends to defects in workmanship or materials not discovered or known to the Owner at the time such work was accepted. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time authorized in approved change orders to the Contractor in which to perform the Contract. B. To consent without notice to any change in the Contract or Contract Documents, authorized in approved change orders which thereby increases the total contract price and the penal sum of this Bond, provided that all such changes do not, in the aggregate, involve an increase of more than twenty percent (20%) of the total contract price, and that this Bond shall then be released as to such excess increase. C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: Page 340 of 853 SECTION 00600 Page 3 of 4 D. That no provision of this Bond or of any other contract shall be valid that limits to less than five (5) years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way but shall include the actual and reasonable costs and expenses incurred by the Owner --including interest —,benefits -, and overhead where -applicable. Azcardtagty, "af outlay and — expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is intended the Contractor and Surety will defend and indemnify the Owner on all claims made against the Owner on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Owner whole for all such outlay and expense, provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five percent (125%) of the penal sum of this Bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Owner, by law. The Owner may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted Page 341 of 853 SECTION 00600 Page 4 of 4 meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. Project: Asbury, Carter & Chaney Traffic Signal Improvement Project Location: Dubuque, Iowa Project Number: 5524000046 Witness our hands, in triplicate, this 17th SURETY COUNTERSIGNED BY: Signature of Agent Eric DeSousa Printed Name of Agent 501 Bell Street Company Address Dubuque, IA 52001 City, State, Zip Code 563-556-0272 Company Telephone Number PRINCIPAL: Portzen Construction Inc Contractor By: C14a Signature Michael J Portzen Printed Name President NOTE: day of June 2026. Title F07 APPROXED BY: Re esentative for Owner' SURETY: United Fire & Casualty Company Surety Company By: Sig ture Attorney -in -Fact Officer Jena Wilwert Printed Name of Attorney -in -Fact Officer AssuredPartners — Dubuque Company Name 501 Bell Street Company Address Dubuque,IA 52001 City, State, Zip Code 563-556-0272 Company Telephone Number 1. All signatures on this performance, payment, and maintenance Bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. 3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. Page 342 of 853 Uf gucl INSURANCE UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMINITY COMPANY, WEBSTER, TX FINANCIAL PACIFIC INSURANCE COMPANY, ROSEVILLE, CA POWER OF ATTORNEY rTo verify the authenticity of this Power of Attorney, please contact us at UFG Insurance, 118 Second Ave SE, Cedar Rapids, IA 52401 telephone (800) 343-9130 or email sureoiamnitedfrreb oup.com THIS POWER OF ATTORNEY IS VOID IF ALTERED To notify us of a claim, please contact us at suregiCa unitedAegroup. corn KNOW ALL PERSONS -BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organizedand-existing-underthe laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Comp V_ a Comnratinn Anly nra e c n rr -- 1 gantzed-and-exisdng-under--the-laws of -the tat of (herein-c oHective1y called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint MARK J. PHALEN, ERIC DESOUSA, LAUREN MOSER, JENA WILWERT, ZACH KEMP, PAULA FITZGERALD, EACH INDIVIDUALLY their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $5Q, 000 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized offficers of the Companies and all of the acts of said Attomey, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effective until revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney has been duly made, executed and delivered pursuant to, and in accordance with, the articles of incorporation, bylaws, and other governing documents of each of the respective Companies, and by authority therein granted and under applicable corporate law. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its officer and its corporate seal to be hereto affixed this 30th day of March, 2026. uceu�a ,n� �+� ) cal"Mu CUM We �� By: Kyanna M r, Vice Pr ident of United Fire & Casualty Company United Fire & Indemnity Company Financial Pacific Insurance Company State of Iowa, County of Linn, ss: On this 30t h day of March, 2026, before me personally came Kyanna M. Saylor to me known, who being by me duly sworn, did depose and say; that she is a Vice President of UNITED FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY, the corporations described in and which executed the above instrument; that she knows the seal of said corporations; that the seals affixed to the said instrument are such corporate seals; that these seals were so affixed pursuant to authority given by the Boards of Directors of said corporations and that she signed her name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. tag+� a Judith A. Jones i? Iowa Notarial Seal Commission number 173041 OWK My Commission Expires 04123/2027 Notary Public: N My commission ex • es: 04/23/2027 I, Mary A. Bertsch, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of each said Com any this 17t1 day of June 2026 y�tluwryp,�� wu =t cou:urE= ,= `om;""n Mary A. Bertsch, Msistant Secretary of ' } ' United Fire & CasualCompany #°" YR� ty '�•, ++,,.,�''�r a ,* United Fire & Indemni Company Financial Pacific Insurance Company BPOA0049 012026 Page 343 of 853 AC-40 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/17/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF IN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AssuredPartners Great Plains, LLC NAME: Jena Wilwert PHONE PO Box 759 A/c No Ext : 563-556-0272 A/c No): 563-556-4425 Dubuque IA 52004-0759 E-MAIL ADDRESS: Jena. Wilwertra)asSurr:rinnrtnprc rnm INSURER(S)AFFORDINGCOVERAGE NAIC# I NSURER Wa oint Mutual - Midwest Builders 13126 INSURED : Travelers Indemnity Company of America Portzen Construction Inc. 25666 205 Stone Valley Dr. : Cincinnati Insurance Company 10677 Dubuque IA 52003 INSURER United Fire & Casualty 13021 : : COVERAGES CERTIFICATE NUMBER: 1303523931 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCEINSD WV POLICY NUMBER POLICY EFF POLICY EX MM/DD/YYYYI (MMIDDNYYYI LIMITS D X COMMERCIAL GENERAL LIABILITY Y Y 10003269523 12/31/2025 12/31/2026 N OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR DAME TO RENTED PREMISES Ea occurrence $100.000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY JECT a LOC PRODUCTS - COMPlOP AGG $ 3,000,000 OTHER: $ D AUTO MOBILELIABILITY Y Y 10053856858 12/31/2025 12/31/2026 1 CEaOMBINED SINGLE LIMIT $ 1,000,000 accident X ANY AUTO OWNED SCHEDULED BODILY INJURY (Per person) $ AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED X NON -OWNED PROPERTYOAMAGE AUTOS ONLY AUTOS ONLY Per accident $ O X UMBRELLA LIAB X Y Y UI/UIM $100,000 OCCUR 10082895869 12/31/2025 12/31/2026 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 10,000,000 DED X RETENTION $ $ A AND EMPLOYERS' YERS'LIABILITY IONILIT Y WC100-0001565-2024A 12/31/2025 12/31/2026 XIPER AND EMPLOYERS' LIABILITY Y / N STATUTE ERH ANYPROPRIETOR/PARTNER/EXECUTI VE OFFICER/MEMBER EXCLUDED? El N / A E.L. EACH ACCIDENT $ 500,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $ 500,000 DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT $ 500.000 B T IC 1st Excess EX-7S76565A-25-NF 12/31/2025 12/31/2026 Ea Occ/A re ate 10,000,000 2nd Excess EXS 0598548 12/31/2025 12/31/2026 Ea Occ/Aggregate 10,000,000 Ea Occ/Aggregate $4Mill/$8Mill DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space Is required) Asbury, Carter & Chaney Traffic Signal Improvement Project - Dubuque, Iowa #5524000046. The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers are included as an additional insured on the general liability as provided by endorsement CG7340. Coverage provided on CG0001 and is on a primary and non-contributory basis as provided by endorsement IL7105. Governmental Immunities in favor of the City of Dubuque is included. Completed and Ongoing Operations coverage is provided by endorsements CG72860. Auto policy includes CA7109. Waiver of Subrogation is included on the General Liability, Auto Liability and Workers Compensation in favor of the City of Dubuque per endorsements CG8340, CA7109 and WC000313. 30-Day Notice of Cancellation in favor of the City of Dubuque is included on the above policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Dubuque ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Engineering Department 50 W 13th Street AUTHORIZED REPRESENTATIVE Dubuque IA 52001 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 344 of 853 CG 73 40 04 25 CONTRACTOR ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. * Expected or Intended Liability — Exception for Reasonable Force ` Expanded Damage To Premises Rented By You to include Explosion, Lightning and Sprinkler Leakage * Coverage for non -owned watercraft is extended to 51 feet in length * Property Damage - Borrowed Equipment * Property Damage Liability - Elevators * Coverage F - Electronic Data Liability Coverage - $50,000 * Coverage G - Product Recall Expense $25,000 Each Recall Limit with a $50,000 Aggregate - $1,000 Deductible * Coverage H - Water Damage Legal Liability - $25,000 * Coverage I - Designated Operations Covered by a Consolidated (Wrap -Up) Insurance Program - Limited Coverage * Increase in Supplementary Payments: Bail Bonds to $1,000 * Increase in Supplementary Payments: Loss of Earnings to $500 * For newly formed or acquired organizations - extend the reporting requirement to 180 days * Broadened Named Insured * Automatic Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You — Including Upstream Parties * Contractors Blanket Additional Insured - Products - Completed Operations Coverage — Including Upstream Parties * Automatic Additional Insured — Vendors * Automatic Additional Insured- Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You * Automatic Additional Insured - Managers or Lessor of Premises * Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured * Additional Insured - State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations * Additional Insured - Consolidated Insurance Program (Wrap -Up) Off -Premises Operations Only - Owners, Lessees or Contractors Automatic Status When Required in Construction Agreement With You * Additional Insured - Employee Injury to Another Employee * Automatically included - Aggregate Limits of Insurance (per location) • Automatically included - Aggregate Limits of Insurance (per project) * Knowledge of occurrence - Knowledge of an 'occurrence", "claim or suit' by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee * Blanket Waiver of Subrogation * Liberalization Condition * Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. * "Insured Contract' redefined for Limited Railroad Contractual Liability * Bodily Injury Redefined REFER TO THE ACTUAL ENDORSEMENT, FOLLOWING ON PAGES 2 THROUGH 9, FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION CG 73 40 04 25 Includes copyrighted material of Insurance Services Office, Inc. with Page 1 of 11 __, it�ermission_� Page 345 of 853 POLICY NUMBER: 10003269523 CG 73 40 04 25 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR ULTRA LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION I -COVERAGES A. The following changes are made at COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Expected or Intended Liability — Exception for Reasonable Force At 2. Exclusions exclusion a. Expected or Intended Injury is deleted and replaced by the following: "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Expanded Damage To Premises Rented By You At 2. Exclusions the last paragraph is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning, or sprinkler leakage to premises while rented to you or temporarily occupied by you permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 3. Non -Owned Watercraft At 2. Exclusions exclusion g. Aircraft, Auto Or Watercraft (2)(a) is deleted and replaced by the following: (a) Less than 51 feet long; and 4. Property Damage — Borrowed Equipment At 2. Exclusions the following is added to paragraph (4) of Exclusion j. Damage To Property: This exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and while not being used to perform operations. The most we will pay for "property damage" to any one piece of borrowed equipment under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 5. Property Damage Liability — Elevators At 2. Exclusions the following is added to exclusion j. Damage To Property: Paragraphs (3), (4), and (6) of this exclusion do not apply to "property damage" resulting from the use of elevators. However, any insurance provided for such "property damage" is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. B. The following coverages are added: 1. COVERAGE F — ELECTRONIC DATA LIABILITY COVERAGE For the purposes of this Electronic Data Liability Coverage only: a. Exclusion p. of Coverage A — Bodily Injury And Property Damage Liability in Section I — Coverages is deleted and replaced by the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or CG 73 40 04 25 Includes copyrighted material of Insurance Services Office, Inc. with Page 2 of 11 its .permission . Page 346 of 853 CG 73 40 04 25 inability to manipulate "electronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of "bodily injury". b. "Property damage" means: (1) Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or (2) Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the `occurrence" that caused it; or (3) Loss of, loss of use of, damage to, corruption of, inability to access or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the 'occurrence" that caused it. For the purposes of this Electronic Data Liability Coverage, "electronic data" is not tangible property. The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE 2. COVERAGE G —WATER DAMAGE LEGAL LIABILITY The Insurance provided under Coverage H (Section 1) applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. The amount we will pay is limited as described below in SECTION III — LIMITS OF INSURANCE. C. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended: 1. The title of this section is deleted and replaced by SUPPLEMENTARY PAYMENTS 2. Bail Bonds Paragraph 1.b. is deleted and replaced by the following: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. Loss of Earnings Paragraph 1.d. is deleted and replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $500 a day because of time off from work. SECTION II — EXCLUSIONS A. The following exclusion is added: 1. DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM The following exclusion is added to Paragraph 2. Exclusions of SECTION I — COVERAGES COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE LIABILITY: r. This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing operations or operations included within the "products -completed operations hazard" for any "consolidated (Wrap- up) insurance program" which has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. This exclusion applies whether or not a "consolidated (Wrap-up) insurance program": (1) Provides coverage identical to that provided by this Coverage Part; or (2) Has limits adequate to cover all claims. This exclusion does not apply if a "consolidated (Wrap-up) insurance program" covering your operations has been cancelled, non -renewed or otherwise no longer applies for reasons other than exhaustion of all available limits, whether such limits are available on a primary, excess or on any other basis. You must advise us of such cancellation, nonrenewal or termination as soon as CG 73 40 04 25 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 3 of 11 Page 347 of 853 practicable. For purposes of this exclusion a providing insurance coverage to all major) construction project. SECTION III — WHO IS AN INSURED A. The following change is made: Extended Reporting Requirements CG 73 40 04 25 "consolidated (wrap-up) insurance program" is a program parties for exposures involved with a particular (typically Item 3.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 18011 day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. The following provisions are added: 4. BROAD FORM NAMED INSURED Item 2.e. is added as follows: e. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period only if there is no other similar insurance available to that entity. However: (1) Coverage A does not apply to "bodily injury' or "property damage" that occurred before you acquired more than 50 percent of the voting stock; and (2) Coverage B does not apply to "personal and advertising injury' arising before you acquired more than 50 percent of the voting stock. 5. Additional Insured — Owners, Lessees or Contractors -Automatic Status When Required in Construction or Service Agreement With You — Including Upstream Parties a. Any person or organization for who you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as additional insured on your policy; b. Any other person or organization you are required to add as an additional insured under the contract agreement described in Paragraph a. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. Such person(s) or organization(s) is an additional insured only if the written contract is currently in effect or becoming effective during the term of this policy; and 1. Was executed prior to: (a) The "bodily injury' or "property damage"; or (b) The offense that caused the "personal and advertising injury", for which the additional insured seeks coverage under this coverage part. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: (1) "Bodily injury', "property damage" or "personal and advertising injury' arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, CG 73 40 04 25 Includes copyrighted material of Insurance Services Office, Inc. with Page 4 of 11 its permission Page 348 of 853 including: CG 73 40 04 25 (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. (2) 'Bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 6. Additional Insured — Products -Completed Operations Coverage — Including Upstream Parties a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part by "your work" specified in the "written contract" and included in the "products -completed operations hazard". Such person(s) or organization(s) is an additional insured only if the written contract is currently in effect or becoming effective during the term of this policy; and 1. Was executed prior to: a. The "bodily injury" or "property damage"; or b. The offense that caused the "personal and advertising injury", for which the additional insured seeks coverage under this coverage part. However: (1) The insurance afforded to such additional insureds only applies to the extent permitted by law; (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. (3) Such coverage will not apply subsequent to the first to occur of the following: i. The expiration of the period of time required by the "written contract"; or ii. The expiration of any applicable statute of limitations or statue of repose with respect to claims arising out of "your work" c. With respect to the insurance afforded to any additional insured under this endorsement, the following additional exclusionary language shall apply: This insurance does not apply to "bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architecture, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, CG 73 40 04 25 Includes copyrighted material of Insurance Services Office, Inc. with Page 5 of 11 its permission Page 349 of 853 CG 73 40 04 25 reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 7. Additional Insured — Vendors a. Any person(s) or organization(s) (referred to throughout this additional coverage as vendor), but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business is an insured. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. b. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) This insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container. (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of products. (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Sub -paragraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured — Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, CG 73 40 04 25 Includes copyrighted material of Insurance Services Office, Inc. with Page 6 of 11 Page 350 of 853 CG 73 40 04 25 operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 9. Additional Insured — Managers or Lessors of Premises a. Any person(s) or organization(s) that is a manager or lessor of premises leased to you is an additional insured, but only with respect to liability caused, in whole or in part, by the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: (a) The insurance afforded to such additional insured only applies to the extent permitted by law; and (b) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 10. Additional Insured — Engineers, Architects or Surveyors Not Engaged by the Named Insured a. Any architects, engineers or surveyors who are not engaged by you are additional insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) Your acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. But only if such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; and (b) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing CG 73 40 04 25 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 7 of 11 Page 351 of 853 CG 73 40 04 25 in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. 11. Additional Insured — State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations ny sta a or governmental agency or subdivision or political subdivision is an Additional Insured, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". 12. Additional Insured Consolidated Insurance Program (Wrap -Up) Off -Premises Operations Only — Owners, Lessees or Contractors a. Any persons or organizations for whom you are performing operations, for which you have elected to seek coverage under a Consolidated Insurance Program, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy is an additional insured. Such person or organization is an additional insured only with respect to your liability caused, in whole or in part, by your ongoing operations performed for that person or organization at a premises other than any project or location that is designated as covered under a Consolidated Insurance Program. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies. This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection 13. Additional Insured — Employee Injury to Another Employee With respect to your "employees" who occupy positions which are supervisory in nature: Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED is deleted and replaced by the following: a. "Bodily injury" or "personal and advertising injury" (1) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); (2) For which there is any obligation to share damages with or repay someone else who must CG 73 40 04 25 Includes copyrighted material of Insurance Services Office, Inc. with Page 8 of 11 _-its _permission Page 352 of 853 CG 73 40 04 25 pay damages because of the injury described in paragraph (1)(a) above; or (3) Arising out of his or her providing or failing to provide professional healthcare services. For the purpose of this clause only, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge. SECTION IV — LIMITS OF INSURANCE Paragraph 2 is deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B; and d. Damages under Coverage H. Paragraph 6 is deleted and replaced by the following: 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning, or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. C. The following are added: 14. Subject to Paragraph 5. of SECTION III — LIMITS OF INSURANCE $25,000 is the most we will pay under Coverage H for Water Damage Legal Liability. 15. Aggregate Limits of Insurance (Per Location) a. The General Aggregate Limit applies separately to each of your 'locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. b. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 16. Aggregate Limits of Insurance (Per Project) a. The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. 17. With respect to the insurance afforded to additional insureds afforded coverage by items 4. through 13. of SECTION II —WHO IS AN INSURED above, the following is added: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 18. Subject to 5. of SECTION III — LIMITS OF INSURANCE , the most we will pay for "property damage" under Coverage F — Electronic Data Liability Coverage for loss of "electronic data" is $50,000 without regard to the number of 'occurrences". SECTION V — COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following conditions are amended: 1. Knowledge of Occurrence a. Condition 2., Items a. and b. are deleted and replaced by the following: CG 73 40 04 25 Includes copyrighted material of Insurance Services Office, Inc. with Page 9 of 11 permission Page 353 of 853 (1) Duties In The Event Of Occurrence, Offense, Claim Or Suit CG 73 40 04 25 (a) You must see to it that we are notified as soon as practicable of an 'occurrence" or an offense which may result in a claim. Knowledge of an 'occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: (1) How, wh—e—na—nd where the "occurrence" took place; (ii) The names and addresses of any injured persons and witnesses, and (iii) The nature and location of any injury or damage arising out of the 'occurrence" or offense. (b) If a claim is made or "suit' is brought against any insured, you must: (i) Immediately record the specifics of the claim or "suit' and the date received; and (ii) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit' as soon as practicable. Knowledge of a claim or "suit' by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. Where Broad Form Named Insured is added in SECTION If — WHO IS AN INSURED of this endorsement, Condition 4. Other Insurance b. Excess Insurance (1)(a) is deleted and replaced by the following: a. This insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock, and not withstanding any other language in any other policy. This provision does not apply to a policy written to apply specifically in excess of this policy. The following is added to Condition 4. Other Insurance Primary And Noncontributory Insurance - Additional Insured This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured; (3) The additional insured gives us prompt written notice of any "occurrence" which may result in a claim and prompt written notice of "suit'; (4) The additional insured immediately forwards all legal papers to us, cooperates in the investigation or settlement of the claim or defense against the "suit', and otherwise complies with policy conditions; (5) The additional insured must tender the defense and indemnity of any claim or "suit' to any other insurer which also insures against a loss we cover under this policy. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For the purpose of this requirement, the term "insures against' refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance; (6) The additional insured agrees to make available any other insurance that the additional insured has for a loss we cover under this policy. This condition supersedes any provision to the contrary. 3. The following Conditions are added: 10. Blanket Waiver Of Subrogation CG 73 40 04 25 Includes copyrighted material of Insurance Services Office, Inc. with Page 10 of 11 Page 354 of 853 CG 73 40 04 25 We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf. We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal and advertising injury" offense is committed. 11. Liberalization —If—a revision to this Coverage Part, which would provide more coverage with no additional premium becomes effective during the policy period in the state designated for the first Named Insured shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision. 12. Unintentional Failure to Disclose All Hazards Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. 13. Limited Railroad Contractual Liability The following conditions are applicable only to coverage afforded by reason of the redefining of an "insured contract" in the DEFINITIONS section of this endorsement: b. Railroad Protective Liability coverage provided by Railroad Protective Liability Coverage Form (CG 00 35) with minimum limits of $2,000,000 per occurrence and a $6,000,000 general aggregate limit must be in place for the entire duration of any project. c. Any amendment to the Other Insurance condition of Railroad Protective Liability Coverage Form (CG 00 35) alters the primacy of the coverage or which impairs our right to contribution will rescind any coverage afforded by the redefined "insured contract" language. d. For the purposes of the Other Insurance condition of Railroad Protective Liability Coverage Form (CG 00 35) you, the named insured, will be deemed to be the designated contractor. SECTION VI — DEFINITIONS A. Paragraph 3. "Bodily injury" is deleted and replaced with the following: 3. 'Bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. B. Paragraph 9.c., "Insured contract', is deleted and replaced with the following: c. Any easement or license agreement; C. Paragraph 9.f.(1), "Insured Contract', is deleted D. The following definitions are added for this endorsement only: 23. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tape drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CG 73 40 04 25 Includes copyrighted material of Insurance Services Office, Inc. with _ its permission Page 11 of 11 Page 355 of 853 IL 71 05 10 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided_ under _the _following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART COMMERCIAL UMBRELLA COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured; (3) The additional insured gives us prompt written notice of any 'occurrence" which may result in a claim and prompt written notice of "suit"; (4) The additional insured immediately forwards all legal papers to us, cooperates in the investigation or settlement of the claim or defense against the "suit', and otherwise complies with policy conditions. (5) The additional insured must tender the defense and indemnity of any claim or "suit' to any other insurer which also insures against a loss we cover under this policy. This includes, but is not limited to, any insurer which has issued a Policy of insurance in which the additional insured qualifies as an insured. For the purpose of this requirement, the term "insures against' refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. (6) The additional insured agrees to make available any other insurance that the additional insured has for a loss we cover under this policy. IL 71 05 10 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Page 356 of 853 CG 72 86 07 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE - AUTOMATIC STATUS FOR OTHER PARTIES AND COMPLIANCE WITH WRITTEN CONTRACTUAL REQUIREMENTS (THROUGH ISO 10/01 COVERAGE OPTIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the "written contract"; or b. "your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the "products -completed operations hazard", and only if: (1) The "written contract" requires you to provide the additional insured such coverage; and (2) This coverage part provides such coverage; and (3) Such coverage will not apply subsequent to the first to occur of the following: i. The expiration of the period of time required by the "written contract"; or ii. The expiration of any applicable statute of limitations or statute of repose with respect to claims arising out of "your work". 2. If the "written contract" specifically requires you to provide additional insurance coverage via the 04/13 edition of CG2010 (aka CG 20 10 04 13), or via the 04/13 edition of CG2037 (aka CG 20 37 04 13), then in paragraph B.I. above, the words "which may be imputed to that person(s) or organization(s) directly arising out of are replaced by the words "caused in whole or in part by". 3. If the "written contract" specifically requires you to provide additional insurance coverage via the 07/04 edition of CG2010 (aka CG 20 10 07 04), or via the 07/04 edition of CG2037 (aka CG 20 37 07 04), then in paragraph B.1. above, the words "which may be imputed to that person(s) or organization(s) directly arising out of are replaced by the words "caused in whole or in part by". 4. If the "written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01) then in paragraph B.I. above, the words "which may be imputed to that person(s) or organization(s) directly arising out of are replaced by the words "arising out of'. 5. With regards to B.I. and B.2. above only, the following conditions are added; a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 72 86 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 Page 357 of 853 CG 72 86 07 17 6. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: a. The rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. Any premises or work for which the additional insured is specifically listed as an additionalinsured on another endorsement attached to thiscoverage part. C. Only for the purpose of the insurance provided this endorsement, SECTION V— DEFINITIONS is amended to add the following definition: "Written Contract" means a written contract or written agreement that requires you to make aperson or organization an additional insured on this Coverage Part, provided the contract or agreement: I. Is currently in effect or becoming effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage"; or b. The offense that caused the "personal and advertising injury", for which the additional insured seeks coverage under this coverage part. CG 72 86 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 Page 358 of 853 60543978 CG 71 63 04 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CITY OF DUBUQUE, IOWA ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PREMIUM 250 The City of Dubuque, Iowa, including all its elected and appointed officials, all its employees and volunteers, all its boards; commissions and/or authorities and their board members, employees, and volunteers, are included as Additional Insureds with respect to liability arising out of the Insured's work and/or services performed for the City of Dubuque, Iowa. This coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage be primary, contributing or excess. CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT (For use when including the City as an Additional Insured) Nonwaiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 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 insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Dubuque, Iowa. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, 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. CG 71 63 04 09 Page 1 of 2 — -- - -- - - - ------ .-Page 359 POLICY NUMBER:10003269523 UW 17 30 09 19 AGREEMENT TO PROVIDE NOTICE OF CANCELLATION/NON-RENEWAL OR MATERIAL CHANGE IN COVERAGE THIS ENDORSEMENT SUPPLEMENTS THE TERMS OF THE POLICY. PLEASE READ IT CAREFULLY. If the Schedule below indicates "Cancellation/Non-renewal", we agree to provide written notice to the person(s) or organization(s) shown in the Schedule in the event of a cancellation or non -renewal of the policy to which this form is endorsed. The number of days' notice we will provide is indicated in the Schedule. 2. If the Schedule below indicates "Material Change", we agree to provide written notice to the person(s) or organization(s) shown in the Schedule due to a material change in the policy to which this form is endorsed. For the purposes of this endorsement a material change is defined as a change: a. That is initiated by us; and b. In which the First Named Insured is provided written notification by us. The number of days' notice we will provide is indicated in the Schedule. SCHEDULE Name of Person(s) Mailing Address Line(s) of Business Cancellation/ Material Number or Organization(s) Applicable Non -renewal Change of Days' Notice CITY nF nI Iai 1ni Ir 50 W 13TH ST General Liability X 30 DUBUQUE, IA 52001-4805 UW 17 30 09 19 Page 1 of 1 Page 360 of 853 COMMERCIAL AUTO CA 71 09 01 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ULTRA ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COMMON POLICY CONDITIONS COVERAGE INDEX DESCRIPTION PAGE Temporary Substitute Auto Physical Damage 2 Broad Form Insured 22 Employee as Insureds Additional Insured Status by Contract, Agreement or Permit 2 Bail Bond Coverage 3 Loss of Earnings Coverage 3 Amended Fellow Employee Coverage 3 Towing and Labor 3 Physical Damage Additional Transportation Expense Coverage 3 Extra Expense - Theft 3 Rental Reimbursement and Additional Transportation Expense 4 Personal Effects Coverage 4 Personal Property of Others 4 Locksmith Coverage 4 Vehicle Wrap Coverage 5 Airbag Accidental Discharge 5 Audio, Visual and Data Electronic Equipment Coverage 5 Auto Loan/Lease Total Loss Protection 5 Glass Repair — Deductible Amendment 5 Amended Duties in the Event of Accident, Claim, Suit or Loss 6 Waiver of Subrogation Required by Contract 6 Unintentional Failure to Disclose 6 Hired, Leased, Rented or Borrowed Auto Physical Damage 6 Mental Anguish 7 Extended Cancellation Condition 7 The COVERAGE INDEX set forth above is informational only and grants no coverage. Terms set forth in (Bold Italics) are likewise for information only and by themselves shall be deemed to grant no coverage. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 Page 361 of 853 (Temporary Substitute Auto Physical Damage) A. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE SECTION I — COVERED AUTOS, paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos is amended by adding the following at the end of the existing language: If Physical Damage Coverage is provided under this Coverage form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its breakdown, repair, servicing, "loss", or destruction B. BROADENED LIABILITY COVERAGES SECTION If — LIABILITY COVERAGE in Paragraph A. Coverage at 1. Who Is An Insured is amended to include the following: (Broad Form Insured) d. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an ,in red" under any other automobile policy or would be an "insured" under such a policy but for its termination su u the exhaustion of its Limit of Insurance. e. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership, (2) That is an "insured" under any other policy, (3) That has exhausted its Limits of Insurance under any other policy, or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. (Employee as Insureds) f. Any employee of yours while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. (Additional Insured Status by Contract, Agreement or Permit) g. Any person or organization whom you are required to add as an additional insured on this policy under a written contract or agreement; but the written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage." The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directly arising out of the ownership, maintenance or use of the covered "autos" at the location(s) designated, if any. Coverage provided by this endorsement will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section ll. C. Limits of Insurance. For any covered "auto" you own this Coverage Form provides primary coverage. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 Page 362 of 853 C. BROADENED SUPPLEMENTARY PAYMENTS SECTION 11. LIABILITY A. Coverage 2. Coverage Extensions a. Supplementary Payments (2) and (4) are replaced by the following: (Bail Bond Coverage) (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident' we cover. We do not have to furnish these bonds. (Loss of Earnings Coverage) (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earning up to $500 a day because of time off from work. (Amended Fellow Employee Exclusion) D. AMENDED FELLOW EMPLOYEE EXCLUSION Only with respect to your "employees" who occupy positions which are supervisory in nature, SECTION II. LIABILITY B. Exclusion 5. Fellow Employee is replaced by: 5. Fellow Employee "Bodily Injury": a. To you, or your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); b. To your "executive officers" and directors (if you are an organization other than a partnership, joint venture, or limited liability company) but only with respect to performance of their duties as your officers or directors; c. For which there is an obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph a and b above; or d. Arising out of his or her providing or failing to provide professional health care services. For purposes of this endorsement, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, transfer, direct, discipline or discharge. E. BROADENED PHYSICAL DAMAGE COVERAGES SECTION III - PHYSICAL DAMAGE COVERAGE A. Coverage is amended as follows: (Towing and Labor) 2. Towing is deleted and replaced with the following: 2. Towing and Labor We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" is disabled: a. For private passenger type vehicles we will pay up to $100 per disablement. b. For all other covered "auto's" we will pay up to $500 per disablement However, the labor must be performed at the place of disablement. (Physical Damage Additional Transportation Expense Coverage) 4. Coverage Extensions a. Transportation Expenses is amended to provide the following limits: We will pay up to $60 per day to a maximum of $1,800. All other terms and provisions of this section remain applicable. The following language is added to 4. Coverage Extensions; (Extra Expense - Theft) c. Theft Recovery Expense If you have purchased Comprehensive Coverage on an "auto" that is stolen, we will pay the expense of returning that stolen auto to you. The limit for this coverage extension is $5,000. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 Page 363 of 853 (Rental Reimbursement and Additional Transportation Expense) d. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations or schedule pages. Coverage applies only to a covered "auto". (1) We will pay for auto rental expense and the expense incurred by you because of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto." Payment applies in addition to the otherwise applicable coverage you have on a covered "auto." No deductible applies to this coverage. (2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto." If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you, or (b) 30 days. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or (b) $75 per day. (c) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (d) If "loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under the SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. (Personal Effects Coverage) e. Personal Effects If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for Personal Effects stolen with the "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, Personal Effects means tangible property that is worn or carried by an "insured". (Personal Property of Others) f. Personal Property of Others We will pay up to $500 for loss to personal property of others in or on your covered "auto." This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductibles apply to this coverage. (Locksmith Coverage) g. Locksmith Coverage We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger "auto". The deductible is waived for these services. Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 Page 364 of 853 (Vehicle Wrap Coverage) h. Vehicle Wrap Coverage If you have Comprehensive or Collision coverage on an "auto' that is a total loss, in addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto' at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage for any one 'loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. (Airbag Accidental Discharge) F. SECTION —III — PHYSICA DAMAGE COVERAGE, B. Exclusions is amended language: at 3. to include the following If you have purchased Comprehensive or Collision Coverage under this policy, this exclusion does not apply to mechanical breakdown relating to the accidental discharge of an air bag. This coverage applies only to a covered auto you own and is excess of any other collectible insurance or warranty. No deductible applies to this coverage. G. BROADENED LIMITS OF INSURANCE (Audio, Visual and Data Electronic Equipment Coverage) SECTION III — PHYSICAL DAMAGE COVERAGE — C. Limit of Insurance at 1.b. is amended to provide the following limits: b. Limits of $1,000 per 'loss" is increased to $5,000 per "loss". All other terms and provisions of this section remain applicable. (Auto Loan/Lease Total Loss Protection) SECTION III — PHYSICAL DAMAGE COVERAGE — C. Limit of Insurance is amended by adding the following language: 4. In the event of a total 'loss" to a covered "auto' shown in the Schedule pages, subject at the time of the 'loss" to a loan or lease, we will pay any unpaid amount due including up to a maximum of $500 for early termination fees or penalties on the lease or loan for a covered"auto' less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease / loan payments at the time of the 'loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. (Glass Repair— Deductible Amendment) H. GLASS REPAIR — DEDUCTIBLE SECTION III — PHYSICAL DAMAGE COVERAGE — D. Deductible is amended by adding the following: Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 Page 365 of 853 (Amended Duties in the Event of Accident, Claim, Suit or Loss) I. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Under SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, the following is added to paragraph 2. Duties In The Event of Accident, Suit or Loss: d. Knowledge of any "accident", "claim", "suit" or 'loss" will be deemed knowled e b "accident", "claim", "suit" or "loss" has been received by: g Y You when notice of such (1) You, if you are an individual; (2) Any partner or insurance manager if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees, board members or insurance manager, if you are a not -for -profit organization. (Waiver of Subrogation by Contract) J. WAIVER OF SUBROGATION REQUIRED BY CONTRACT Under SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions 5. Transfer of Rights of Recovery Against Others to Us the following language is added: However, we waive any rights of recovery we may have against the person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under the policy to which this endorsement is attached. This provision does not apply unless the written contract or written agreement has been executed, or permit has been issued, prior to the "bodily injury" or "property damage." (Unintentional Failure to Disclose) K. UNINTENTIONAL FAILURE TO DISCLOSE Under SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, the following is added to 2. Concealment, Misrepresentation Or Fraud : Your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. (Hired, Leased, Rented or Borrowed Auto Physical Damage) L. HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE Under SECTION IV — BUSINESS AUTO CONDITIONS B. General Conditions 5. Other Insurance Paragraph 5.b. is replaced by the following: b. (1) For "Comprehensive" and "Collision" Auto Physical Damage coverage provided by this endorsement, the following are deemed to be covered "autos" you own: (a) Any Covered "auto" you lease, hire, rent or borrow; and (b) Any Covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto" (2) Limit of Insurance For This Section The most we will pay for any one "loss" is the lesser of the following: (a) $75,000 per accident, or (b) actual cash value at the time of loss, or (c) cost of repair. Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 Page 366 of 853 Minus a $500 deductible. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. No deductible applies to "loss" caused by fire or lightning. (3) This Hired Auto Physical Damage coverage is excess over any other collectible insurance. (4) Definitions For This Section (a) Comprehensive Coverage: from any cause except the covered "auto's" collision with another object or the covered "auto's" overturn. We will pay glass breakage, "loss" caused by hitting a bird or animal and, "loss" caused by falling objects or missiles. (b) Collision Coverage: caused -by the covered "auto's" collision with another object or by the covered "auto's" overturn. (Mental Anguish) M. MENTAL ANGUISH Under SECTION V — DEFINITIONS, C. is replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish or death resulting from bodily injury, sickness, or disease. (Extended Cancellation Condition) N. EXTENDED CANCELLATION CONDITION Under CANCELLATION, of the COMMON POLICY CONDITIONS form, item 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 Page 367 of 853 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 04-84) X BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This endorsement does not apply where prohibited by law. This agreement shall not operate directly or indirectly -to- ene it anyone not named in the Schedule. Schedule Any person or organization that you perform work for that is liable for an injury, covered by this policy, that prior to the injury has a written contract requiring a waiver of our right to recover from them. This endorsement changes the policy to which It is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement Is issued subsequent to preparation of the policy. Endorsement Effective 12/31/2025 Policy No. WC300-0001565-2025A Endorsement WC 00 03 13 Insured Portzen Construction, Inc DBA Dubuque Plumbing & Heating Premium $295,871 Insurance Company Horizon Midwest Casualty Company 1100 Walnut Street Suite 3000 Kansas City, MO 64106 (816) 474-7799 Carrier Code 30593 Countersigned by _4e 45—� WC 00 03 13 (Ed. 04-84) Page 368 of 853 THE CITY OF DUB E Masterpiece on the Mississippi TO: Mike Van Milligen, City Manager FROM: Alex Stein, Civil Engineer I DATE: June 22, 2026 Dubuque All -America ClW 2007-2012.2013 2017*2019 RE: Request to Sign Contract - Levi & Sullivan Storm Sewer Extension Project Attached are the Public Improvement Contract and Performance, Payment & Maintenance Bond between the City of Dubuque and Temperley Excavating, Inc. of East Dubuque, IL for the Levi & Sullivan Storm Sewer Extension Project. It would be appreciated if you would execute the attached documents related to this project. Please return it to the Engineering office for further processing. Attach. cc: Kerry Bradley, Eng. Dept. Page 369 of 853 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 Levi & Sullivan Storm Sewer Extension Project THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references purposes the 4th day of March , 2026 between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Temperley Excavating Inc. (Contractor). For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for the Levi & Sullivan Storm Sewer Extension Project. 2. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: 1. Project Title Page (Section 00100). 2. Project Directory Page (Section 00101). 3. This Public Improvement Contract (Section 00500). 4. Performance, Payment, and Maintenance Bond (Section 00600). 5. Out -of -State Contractor Bond (Section 00610). 6. Other Bonds: a. (Bond Name) (pages _ to _ , inclusive). b. (Bond Name) (pages _ to _ , inclusive). C. (Bond Name) (pages _ to _ , inclusive). 7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2023 Edition. 8. CITY OF DUBUQUE Supplemental Specifications 2023 Edition. 9. Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual. 10. Special Provisions included in the project Contract Document Manual. 11. Drawings -Sheet No A.01 through No. S.01 (13 pages) or drawings consisting of sheets bearing the following general title: Levi & Sullivan Storm Sewer Extension Project. 12. Addenda (numbers 1 to 1 , inclusive). 13. Insurance Provisions and Requirements (Section 00700). 14. Sales Tax Exemption Certificate (Section 00750). 15. Site Condition Information (Section 00775). 16. Construction Schedule and Agreed Cost of Delay (Section 00800). 17. Erosion Control Certificate (Section 00900). Page 370 of 853 18. Consent Decree (Section 01000). 19. Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages to inclusive). b. Bidder Status Form (Section 00460). c. The following documentation that must be submitted by Contractor prior to Notice of Award. i. Contractor Background Information Form (Section 00471) 20.The following which may be delivered or issued on or after the Effective Date of the Agreement: a. Notice to Proceed (Section 00850). b. Project Certification Page (Section 00102). c. Change Orders (Not attached to this agreement). There are no other Contract Documents. The Contract Documents may only be amended, modified, or supplemented as provided in General Conditions. 3. All materials used by the Contractor in the Project must be of the quality required by the Contract Documents and must be installed in accordance with the Contract Documents. 4. The Contractor must remove any materials rejected by the City as defective or improper, or any of said work condemned as unsuitable or defective, and the same must be replaced or redone to the satisfaction of the City at the sole cost and expense of the Contractor. 5. Three percent (3%) of the Contract price will be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Council to pay any claim by any party that may be filed for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that thirty (30) day period, as provided in Iowa Code Chapter 573 or Iowa Code Chapter 26. The City will also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums will be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Contract Documents herein referred to and agrees not to plead misunderstanding or deception related to estimates of quantity, character, location or other conditions for the Project. 7. In addition to any warranty provided for in the specifications, the Contractor must also fix any other defect in any part of the Project, even if the Project has been accepted and fully paid for by the City. The Contractor's maintenance bond will be security for a period of two years after the issuance of the Certificate of Substantial Completion. 8. The Contractor must fully complete the Project under this Contract on or before the date indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract Documents. 9. Indemnification; Liability for City Damage a. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, Page 371 of 853 provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. b. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 10. The Contractor hereby represents and guarantees that it has not, nor has any other person for or in its behalf, directly or indirectly, entered into any arrangement or Contract with any other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; and it has not, nor has another person for or in its behalf directly or indirectly, entered into any Contractor arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the award of this Contract and agrees that in case it hereafter be established that such representations or guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but in no event less than $2,000.00 (Two Thousand Dollars) to the City. 11. The surety on the Bond furnished for this Contract must, in addition to all other provisions, be obligated to the extent provided for by Iowa Code 573.6 relating to this Contract, which provisions apply to said Bond. 12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of Substantial Completion has been issued by the City, it will keep and maintain the Project in good repair for a period of two (2) years. 13. The City may terminate this Contract with or without cause upon sixty (60) days' written notice delivered to the Contractor. 14. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be in the Iowa District Court for Dubuque County. 15. Counterparts and Electronic Signatures. This Contract may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same document. This Contract may be executed by the parties and transmitted by SECTION 00500 electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Contract. 16. Currency. All prices and financial terms referenced herein are intended to be in U.S. dollar and shall remain in U.S. dollars despite any exchange rate. 17. Conflict in Terms. In the event of a conflict between the terms of this Contract and the terms of any of the Contract Documents, the terms of this Contract shall prevail. Page 372 of 853 18. Legal Compliance. A. The Contractor is responsible for compliance with all applicable laws, statutes, rules, regulations, and ordinances which may apply to the performance of Contractor's obligations under this Contract, including but not limited to the laws outlined in Exhibit D, and hereby represents and warrants that Contractor is in compliance with the same as of the Effective date and further represents that during the Term Contractor will remain in compliance. Contractor shall require all contractors and subcontractors providing services under this Contract shall also certify compliance with this Section. B. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C. 1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and Department of Labor Regulations (29 CFR, Part 5). B. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. C. When Applicable: Contractor further represents and warrants that Contractor has obtained all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Contract, including any permits and licenses that might be required by the state or locality in which Contractor performs the Services, and Contractor agrees to maintain, at Contractor's sole expense, such required permits and licenses for the duration of the term(s) of this Contract. 19. Federally Assisted Project. Is this project funded fully or in part with federal funds? ❑ Yes (if yes, provision a. and b. below apply) X No a. The City and the Contractor agree to comply with all provisions of the Davis -Bacon Federal Prevailing Wage Act, related labor requirements and regulations and the Federal Wage Determination for this Project. b. Equipment or products authorized to be purchased with federal funding awarded for this Contract must be American made to the maximum extent feasible, in accordance with Public Law 103-121, Sections 606(a) and (b). Page 373 of 853 CONSENT DECREE RELATING TO THE PROJECT 20. �_ THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE APPLICABLE. CITY CONTRACTOR THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. The City has entered into a Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under contract with the City to perform the obligations of the Consent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to perform work required by the Consent Decree. A copy of the Consent Decree is included in the Contract Documents and can be viewed at http://www.citVofdubugue.org/DocumentCenter/Home/View/3173. A hard copy is available upon request at the City's Engineering Department Office. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five (5) years after the termination of the Consent Decree, the City must retain, and must instruct its contractors and agents to preserve, all non -identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information -retention period, upon request by the United States or the State, the City must provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information -retention period, the City must notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City must deliver any such documents, records, or other information to the EPA or IDNR. CERTIFICATION BY CONTRACTOR The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, certifies to the City of Dubuque as follows: Page 374 of 853 I have received a copy of the Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:1 1-cv-0101 1 -EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- 5-1-1-09339, United States District Court for the Northern District of Iowa. 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. All documents reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. 4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's failure to comply with the Consent Decree. CONTRACTOR: Temperley Excavating, Inc. Contractor By: Signature Luke Temperley Printed Name Owner Title 6'-19-26 Date Page 375 of 853 THE CITY AGREES: 21. Upon the completion of the Contract, and the acceptance of the Project by the City Council, and subject to the requirements of law, the City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the amount determined for the total work completed at the price(s) stated in the Contractor's Bid Proposal and less any Agreed Cost of Delay provided for in the Contract Documents. CONTRACT AMOUNT $ 122,523.00 CITY OF DUBUQUE, IOWA: City Manager's Office De 1 rtment By: ig ature Michael C. Van Milliaen Printed Name City Manager Title 06/22/2026 Date CONTRACTOR: Temperley Excavating, Inc. Contractor � By: 29: �� Signature ' Luke Temperley Printed Name Owner Title 6-19-26 Date ==== END OF SECTION 00500 ==== Page 376 of 853 Bond No. HSA-MW-6565 SECTION 00600 Page 1 of 4 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 KNOW ALL BY THESE PRESENTS: That we, Temperley Excavating, Inc., as Principal (hereinafter the "Contractor" or "Principal") and Hudson Insurance Company , as Surety are held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of One hundred twenty-two thousand, five hundred twenty-three dollars and zero cents ($122,523.00), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Owner, bearing date the 4th day of March, 2026, (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following project in accordance with the Contract Documents, and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. The Contract Documents for Levi & Sullivan Storm Sewer Extension Project detail the following described improvements: This project includes extending 440 feet of storm sewer along Sullivan Street and installing 1,080 feet of drain tile along Sullivan Street and Levi Street to resolve ongoing sump pump drainage issues in the area. Currently, sump pumps discharge directly onto the roadway near the intersection of Sullivan and Levi Streets, creating persistent icing and algae problems for nearby residents. This location has become a recurring winter maintenance concern for the Public Works Department. The planned storm sewer extension will also improve the collection of surface water flowing down Sullivan Street, enhancing overall drainage and safety. It is expressly understood and agreed by the Contractor and Surety in this Bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit: PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract and Contract Documents, by reference made a part hereof, for the project, and shall indemnify and save harmless the Owner from all outlay and expense incurred by the Owner by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials Page 377 of 853 SECTION 00600 Page 2 of 4 for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Owner is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract Documents within the period of two (2) year(s) from the date of acceptance of the work under the Contract, by reason of defects in workmanship, equipment installed, or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Owner all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. Contractor's and Surety's Contract herein made extends to defects in workmanship or materials not discovered or known to the Owner at the time such work was accepted. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time authorized in approved change orders to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, authorized in approved change orders which thereby increases the total contract price and the penal sum of this Bond, provided that all such changes do not, in the aggregate, involve an increase of more than twenty percent (20%) of the total contract price, and that this Bond shall then be released as to such excess increase; C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. Page 378 of 853 SECTION 00600 Page 3 of 4 The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: D. That no provision of this Bond or of any other contract shall be valid that limits to less than five (5) years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Owner including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is intended the Contractor and Surety will defend and indemnify the Owner on all claims made against the Owner on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Owner whole for all such outlay and expense, provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five percent (125%) of the penal sum of this Bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Owner, by law. The Owner may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. Page 379 of 853 SECTION 00600 Page 4 of 4 When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. Project No. 5586500036 Witness our hands, in triplicate, this 11th SURETY COUNTERSIGNED BY: Signature of Agent Printed Name of Agent Company Address City, State, Zip Code Company Telephone Number PRINCIPAL: Temperley Excavating Inc. Contractor By: Si nature nuke Temperley Printed Name NOTE: day of June , 2026 Title F07 APPROVED BY: Repr sentative for Owner SURETY: Hudson Insurance Company Surety ggq)pany Signature Attorney -in -Fact -Officer- - - � -' Thomas O. Chambers I 11 c % O ` Printed Name of Attorney -in -Fact Officer Shorewest Surety Services, Inc. 0) - oj� ^ Company Name 2626 49th Drive Company Address Franksville, WI 53126 City, State, Zip Code (262) 835-9576 Company Telephone Number All signatures on this performance, payment, and maintenance Bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. Page 380 of 853 SECTION 00600 Page 5 of 4 3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. ___= END OF SECTION 00600 =___ Page 381 of 853 HUDSON POWER OF ATTORNEY KNOW ALL MEN BY THESE; PRESENTS: That HUDSON INSURANCE COMPANY. a corporation of the State of Delaware. with offices at 100 William Street. New York- New York. 10038, has made, constituted and appointed_ and by these presents, does make. constitute and appoint 'Chomas O. Chambers, Todd Schaal) of the State of 'Wisconsin its true and lawful Attomey(s)-in-Fact, at New York. New York. cacti of them alone to have full poker to act without the other or others. to make, execute gird deliver on its behalf. as Surety. bonds gild undertakings given for any and all purposes. also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements. waivers, consents or stipulations relating to such bonds or undertakings provided. however. that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Twenty Five Million Dollars (S25,000,000.00). Such bonds and undertakings when duly executed by said Attorney(s)-in-Fact. shall be binding upon said Company ass lilt) and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof' FILJDSON INS1_tR4NCE COMPANY has caused these presents to be of its Senior Vice President theretmto duly authorized, on this 1st day of November. 202'; at New York, New York. ftorporate seal) HUDSON INSI RANCE CONIPANh i Attest . _.. _. ... ............ . Karen L_ Colonna Corporate Secretary STATE OF NEW YORK COUNTY OF NEW YORK. SS. Bv. __._...- ..... _._ . Andrew A. Dickson Senior Vice President On the Ist day of November. 20 25 before me personally came Andrew A- Dickson to me known, who being by me duly swom did depose and say that he is a Senior Vice President of HGDSON INSURANCE COMPANY, the corporation described herein and which executed the above instrument. that he knows the seal of said Corporation, that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said Corporation, and that he signed his name thereto b} like order. (Notarial Seal) _ P ........., v '; 9% � Aril M. ilillRPNi—" = NO iq R� {- Notary Public, State of New York No OIMU6067553 BIIG _, ; Qualified in Nassau County ......••.. Commission Expires December 10, 2029 F NEbV �O CERTIFICATION STATE OF NEW YORK COUNTY OF NEW YORK SS. The undersigned Karen L Colonna hereby cenifies: That the original resolution, of which the following is a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27 h. 2(.N)7, and has not since been revoked, amended or modified: "RESOLVED, that the President. the Executive Vice Presidents.. the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys -in -fact, for the purpose of carrying on this Company's surety business. and to empower such agent or agents; or anomey or attomeys-in-fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and recoanizances, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertakings made in the course of this Compam's surety business, and renewals. extensions, agreements, waivers, consents or stipulations regarding undertakings so made: and FURTHER RESOVLED. that the signature of any such Officer ofthe Company and the Company's seal may be affixed by facsimile to any pcmer of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter. being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be xalid and binding upon the Company with the some force and effect as though manually affixed." THAT the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force, Witness the hand of the undersigned and the seal of said Corporation this 11th day of June 2026 trtu (Corporate seal)``L,trrrrrrrNq� ' ;� SUtarcP C O o .o�P O .��r/ Bv_..... _ .. .. ..... __ .... _ (wren L. Colonna, Corporate Secretary Page 382 of 853 STATE OF WISCONSIN ) COUNTY OF Racine ) ON THIS 11th day of June 2026 , before me, a notary public, within and for said County and State, personally appeared Thomas O. Chambers to me personally known, who being duly sworn, upon oath did say that he is the Attorney -in -Fact of and for the Hudson Insurance Company , a corporation of Delaware , created, organized and existing under and by virtue of the laws of the State of Delaware that the corporate seal affixed to the foregoing within instrument is the seal of the said Company; that the seal was affixed and the said instrument was executed by authority of its Board of Directors; and the said Thomas O. Chambers did acknowledge that he/she executed the said instrument as the free act and deed of said Company. Marlo Criplean Notary Public, Racine County, Wisconsin My Commission Expires 6/13/2028 � CRIP� Pei L��'=� g. �pIAR PU Bo : `c OF 14 ��llllllll`` Page 383 of 853 THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Duane Richer, Traffic Engineer DATE: June 22, 2026 RE: Request to Sign Contract — Street Light Jackson & 11th Dubuque All -America ClW 2007-2012.2013 2017*2019 Attached is the short Form Public Improvement Contract between the City of Dubuque and McDermott Excavating of Dubuque, IA for the installation of a new base and streetlight on the northwest corner of Jackson and 11th Street. 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. Page 384 of 853 Dubuque THE CITY OF DUB E '�11jlA' 2007•2012.2013 Masterpiece on the Mississippi 2017*2019 City of Dubuque Engineering Department 50 W 13th Street (address) Dubuque, IA 52001 Phone # 563-690-6067 CITY OF DUBUQUE, IOWA SHORT FORM PUBLIC IMPROVEMENT CONTRACT PROJECTS ESTIMATED AT LESS THAN $100,000.00 Check Appropriate Box 0 Estimate under $25,000.00 ❑ Estimate between $25,000.00 and $99,999.99 THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and McDermott Excating (Contractor) at (Contractor Name) 11672 Airborne Road Dubuque IA 52003 (Contractor's Address - City and State) PROJECT TITLE: Street Light - Jackson -11th (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: Mobilization - Barricades and fence as necessary Saw and remove 64 sf of city sidewalk Excavate around existing light base and remove Pick up new base from city yard and install new 24" or 18" base - Back fill with 3/4" base stone and compact Re -pour city sidewalk back in Furnish and place 4" of topsoil, seed, fertilize and straw mat disturbed area Clean up from work The work described above shall be completed at the following location(s): Jackson - 11 th Street in the North West corner of the intersection. The Project shall be constructed to the meet the requirements as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following where applicable: Page 385 of 853 Documents listed in bold should be attached to this document upon submission. • Request for Bid or procurement documentation; • This Contract; • All ordinances and resolutions heretofore adopted by the City Council having to do with the Project; • The Contractor's Bid or procurement documentation; • Consent Decree Certification Form, if applicable (Exhibit A), • Bond Form, if applicable (Exhibit B); • Plans and Specifications; • SUDAS Standard Specifications (Current Edition) including but not limited to Division 1: General Provisions and Covenants and the City of Dubuque Supplemental Specifications — Division 1 (Current Edition); • General Requirements as adopted by the City Council for the Project; • Insurance Schedule F (Exhibit C), and • Other Is the project over $25,000.00? ❑ Yes El No If yes, Bond Form is required, see Exhibit B. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. a 5. Three (3%) of the Contract price may be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Manager to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Contract and the project description described in Section 1 and the Contract Documents outlined in Section 2 and agrees not to plead misunderstanding or deception. 7. The Contractor shall guarantee for a period of two years and make good any other defect in any part of the Project due to improper construction or material performance notwithstanding the fact that said Project may have been accepted and fully paid for by the City. The guarantee shall commence on the date that the City pays full compensation for the complete performance of this contract. Page 386 of 853 8. The Contractor shall fully complete the Project under this Contract on or before July 10th, 2026 (DATE) 9. Indemnification from Third Party Claims; Liability for City Damage. A. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its officers and employees, from and against all claims, damages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Contract, including but not limited to attorneys' fees, arising out of or resulting from performance of this Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. B. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 10. Prior to the commencement of any work on the Project and at all times during the performance of this Contract, the Contractor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule F attached to this Contract as Exhibit C. 11. Permits and Licenses. Contractor further represents and warrants that Contractor will obtain all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Contract, including any permits and licenses that might be required by the state or locality in which Contractor performs the Services, and Contractor agrees to maintain, at Contractor's sole expense, such required permits and licenses for the duration of the term(s) of this Contract. 12. Legal Compliance. Contractor is responsible for compliance with all applicable laws, statutes, rules, regulations, and ordinances which may apply to the performance of Contractor's obligations under this Contract, including but not limited to the laws outlined in Exhibit , and hereby represents and warrants that Contractor is in compliance with the same as of the Closing/Effective Date and further represents that during the Term Contractor will remain in compliance. Contractor shall require all contractors and subcontractors providing services under this Contract shall also certify compliance with this Section. When Applicable: Contractor further represents and warrants that Contractor has obtained all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Contract, including any permits and licenses that might be required by the state or locality in which Contractor performs the Services, and Contractor agrees to maintain, at Contractor's sole expense, such required permits and licenses for the durations of the term(s) of this Contract. 13. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice delivered to the Contractor. Page 387 of 853 14. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be the Iowa District Court for Dubuque County 15. The City is exempt from federal excise tax and Iowa sales tax. 16. In the event any article, service, or process sold, delivered and/or performed hereunder is covered by any patent, copyright, or application for either, the Contractor will indemnify and save harmless the City from any and all loss, cost, or expenses on account of any and all claims, suits, or judgments on account of the use or sale of such article or the use of such service or process in violation of any patent, copyright, or application. 17. The Contractor agrees not to release any advertising copy mentioning the City or quoting the opinion of any City employee without prior written authorization from the City of Dubuque. 18. Current Safety Data Sheets (SDS), when applicable to the order, will be provided by the Contractor in accordance with all regulations. 19. The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of the Contractor's proposal, and are not subject to change by reason of any written or verbal statements by the Contractor or by and terms stated in the Contractor's acknowledgment unless same be accepted in writing by the City. 20. The City of Dubuque, State of Iowa and Department of Justice have entered into a Consent Decree requiring the City to complete certain capital improvements pursuant to an established schedule and to comply with certain capital improvements pursuant to an established schedule and to comply with certain reporting and recordkeeping requirements. One of the terms of the Consent Order is for the City to advise contractors whose duties might reasonably include compliance with any provision of the Consent Decree with a copy of the Consent Decree. The City expects its contractors to comply with the Consent Decree and to assist the City in complying with the Consent Decree. As a requirement of this Contract, the Contractor shall execute and return to City Exhibit the Certification Form attached this this Contract as Exhibit A. ❑ THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE APPLICABLE. �✓ THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. Page 388 of 853 THE CITY AGREES: The City agrees to pay the Vendor for the work actually performed under this Contract, up to the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT: $ 5,900.00 CITY OF DUBUQUE, IOWA By:Z�', 06/22/2026 Date CONTRACTOR: McDermott Excavating Company Name g Kevin P. Donovan °'9":" 026. 917:56 °°"°°a" 6/18/2026 y: oate zozs.oa.2s nsssi -osoo' Signature Date Kevin P. Donovan Printed Name Superintendent Title Page 389 of 853 EXHIBIT A CONSENT DECREE RELATING TO THE CITY OF DUBUQUE, IOWA WATER & RESOURCE RECOVERY CENTER AND SEWER COLLECTION SYSTEM NO CONTRACTOR OR CONSULTANT MAY PERFORM ANY WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SEWER CONNECTION SYSTEM UNLESS A SIGNED COPY OF THIS DOCUMENT IS RETURNED TO THE CITY OF DUBUQUE ENGINEERING DEPARTMENT The City of Dubuque, Iowa has entered into a Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:1 1-cv-0101 1-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under contract with the City to perform the obligations of the Consent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to perform work required by the Consent Decree. A copy of the Consent Decree can be found at http://www.citvofdubugue.orq/DocumentCenter/Home/View/3173. A paper copy is available upon request from the City of Dubuque Engineering Department. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five years after the termination of the Consent Decree, the City shall retain, and shall instruct its contractors and agents to preserve, all non -identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information -retention requirement shall apply regardless of any contrary City, corporate or institutional policies or procedures. At any time during this information -retention period, upon request by the United States or the State, the City shall provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information -retention period, the City shall notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City shall deliver any such documents, records, or other information to the EPA or IDNR. Page 390 of 853 Certification by Contractor or Consultant The undersigned, on behalf of the Contractor or Consultant, with full authority to act on behalf of the Contractor or Consultant, certifies to the City of Dubuque as follows: 1. 1 have received a copy of the Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. All documents, reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. The Contractor or Consultant agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's or Consultant's failure to comply with the Consent Decree. Contractor or Consultant: McDermott Excavati By: Kevin P. Donovan Its: Superintendent Date: 6/18/2026 Return signed cogv to: Engineering Department 50 W. 13th Street Dubuque IA 52001 Page 391 of 853 EXHIBIT D LEGAL COMPLIANCE a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); c) Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq), (prohibits discrimination on the basis of age); f) Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); g) The Civil Rights Restoration Act of 1987, (PL 100-209); (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964 to include that entities that receive federal funding must comply with civil rights legislation, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, in all operations, not just in the program or activity receiving federal funding); h) Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; i) The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); j) Section 1557of the Affordable Care Act (prohibits discrimination on the basis of national origin); k) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.) (prohibits discrimination because of sex in education programs or activities); 1) Drug Abuse Office and Treatment Act of 1972, as amended (21 U.S.C. § 1101 et seq.); and m) Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended (42 U.S.C. § 4541, et seq.). Page 392 of 853 MDELLCD-01 LWOOD ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/18/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lu Anne Wood NAME: TRICOR, LLC - Dubuque PHONE FAX 600 Star Brewery Drive (A/C, No, Ext): (608) 405-1161 2202 (A/C, No): Suite 110 ADMDRESS: (wood@tricorinsurance.com Dubuque, IA 52001 INSURED MDE LLC dba McDermott Excavating 11672 Airborne Rd Dubuque, IA 52003 INSURER F : Westchester Surplus Lines Insurance Companvl10172 Rf1VFRAnP_Q RFRTIFIRATF NIIMRFR• RFVICI(1N NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LTR INSD WVD MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR CPP2910156 X X 6/1/2026 6/1/2027 DAMAGE TORENTED PREMISES Ea occurrence 300,000 $ MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000'OOO GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � PE0 F—xl LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ X BODILY INJURY Perperson) $ ANY AUTO CA2910135 6/1/2026 6/1/2027 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS P OPER-ent AMAGE $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE CUP2910157 6/1/2026 6/1/2027 DIED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N FMand tory in NH) EXCLUDED? N / A X WCP2910144 6/1/2026 6/1/2027 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE 1,000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ B Pollution Liability G28367466 006 2/1/2026 2/1/2027 $10,000 Ded 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage applies only to the extent provided by the policy and subject to all of the policy terms, conditions, exclusions, endorsements and all applicable laws. Work Comp Excludes Member Tara Duggan. Project Name: Street Light - Jackson - 11th City of Dubuque including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their SEE ATTACHED ACORD 101 PFRTIFIrATF wni nFR rAkirm I ATInki SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Dubuque Engineering Department Y q 9 9 p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 50 W 13th St. Dubuque, IA 52001 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 393 of 853 AGENCY CUSTOMER ID: MDELLCD-01 LWOOD LOC #: 1 ACORD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED RICOR LLC - Dubuque MDE LLC dba McDermott Excavating q 11672 Airborne Rd Dubuque, IA 52003 Dubuque POLICY NUMBER EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACCRD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: board members, employees and volunteers are additional insured on a primary, non-contributory basis including ongoing and completed operations. Governmental Immunities applies in favor of City of Dubuque. Waiver of subrogation on the Work Comp and general liability policies in favor of the City of Dubuque. Umbrella follows form. Notice of cancel is amended to 30 days. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 394 of 853 TASK ORDER TEN This Task Order pertains to an Agreement by and between City of Dubuque, Iowa, ("OWNER"), and HDR Engineering, Inc. ("ENGINEER"), dated June 5th, 2023, ("the Agreement"). Engineer shall perform services on the project described below as provided herein and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NUMBER: TEN PROJECT NAME: Sanitary Sewer Asset Management Plan PART 1.0 PROJECT DESCRIPTION: This Task Order Scope of Services is for the Engineer to provide engineering services and related services for the City of Dubuque Sanitary Sewer Asset Management Plan (SSAMP). This task order focuses on Consent Decree Update Support Services, as described in Attachment A. Several workshops with the Owner have been included to ensure the work is aligned with Owner goals and objectives. PART 2.0 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER ON THE PROJECT: Refer to Task Order Attachment A Scope of Work. PART 3.0 OWNER'S RESPONSIBILITIES: Refer to Task Order Attachment A. PART 4.0 PERIODS OF SERVICE: June 22, 2026 to September 30, 2026. PART 5.0 ENGINEER'S FEE: Compensation for the Scope of Services listed in Attachment A shall not exceed $96,850.00. Summary of the anticipated fee is shown below: • Task 100 Project Management: $8,960 • Task 200 Existing CD & Information Review: $32,485 • Task 300 CD Update Approach Definition: $45,400 • Task 400 On -Call CD Update Support: $10,005 • Total Fee (Not to Exceed): $96,850 SSAMP I Task Order 10 1 Scope of Work Page 395 of 853 PART 6.0 OTHER: This Task Order is executed this 22nd day of June 2026. City of Dubuque, Iowa "OWNER" 1' NAME: Mike Van Milligen HDR ENGINEERING, INC. "ENGINEER" Alm W1GGlaws BY: Ann Williams (06/19/2026 12:41:52 CDT) NAME: Ann Williams P.E. TITLE: City Manager TITLE: Senior Vice President ADDRESS: 50 West 131h Street ADDRESS: 1917 South 67th Street Dubuque, IA 52001 Omaha, NE 68106-2973 SSAMP I Task Order 10 1 Scope of Work Page 396 of 853 Attachment A — Scope of Services Task 100: Project Management 1. Objective: Provide Project Management activities over the Task Order duration including planning, organizing, and monitoring Project team activities, preparing and monitoring report production standards, attending meetings, budget management, and liaison with the Owner. 2. Engineer Activities: a. Team Management and Project Control i. Budget and invoice management. ii. Resource scheduling, management, and allocation based on task order schedules and activities. iii. Task order coordination. iv. Prepare for and conduct weekly project status meetings with the Owner's Project Manager summarizing completed activities, next steps, information needs, status update of active work, review of project schedule, and action items for Engineer and Owner staff. v. Monthly progress reports submitted to Owner with each payment request. b. Project Management Plan i. Develop guidance document (Project Management Plan) for Engineer project team documenting task order activities, constraints, guidelines, budgets, and procedures. c. Quality Control i. Facilitate team meetings on a regular basis to facilitate communication flow and task order development. ii. Conduct a Project Approach & Resource Review with senior technical leaders. At project initiation Engineer will conduct a project review to discuss technical approach, team resources, status of schedule and deliverables, and project management approach. iii. Facilitate independent quality control reviews for project deliverables. 3. Owner Responsibilities a. Participation in weekly project status meetings with Engineer Project Manager and including additional Owner staff in these update meetings as needed. b. Provide requested information related to the project to Engineer at agreed upon due dates. 4. Assumptions a. This task order includes Project Management services for the duration of this task order and as indicated in the schedule below. b. Project status meetings will be conducted virtually. c. Engineer Project Manager will attend all project status meetings. Additional Engineer staff will be included as needed and as agreed upon with Owner throughout the project. d. The project will be managed to the roll -up task order total amount, not to the sub -task level. 5. Deliverables SSAMP I Task Order 10 1 Scope of Work Page 397 of 853 a. Monthly invoices and progress reports. b. Action items log for project status meetings. Task 200: Existing Consent Decree & Relevant Information Review 1. Objective: The objective of this task is to understand historical context and recent improvements relevant to defining the Consent Decree Update approach (Task 300). Work under this task will be directed toward supporting the City's request to terminate the Consent Decree. 2. Engineer Activities: a. Task 210. Project Kick-off Meeting/Collaborative Working Session No. 1 (CWS 200-1). i. Define Owner experiences/preferences to date. ii. Gather and summarize Owner staff input to inform a shared understanding of project priorities. b. Task 220. Obtain and review relevant existing information related to the Consent Decree. Engineer will provide a summary of obtained/reviewed information to the City to confirm Engineer's understanding is aligned with City's understanding. c. Task 230 EPA Echo Database review to obtain City's compliance history. d. Task 240 Develop a Consent Decree Accomplishments Summary. This summary to emphasize the CD accomplishments to date. This summary will also include a comparison to industry standard metrics. 3. Owner Responsibilities a. Provide existing relevant information to Engineer timely. b. Participation in staff interviews, meetings and workshops. 4. Assumptions a. CWS 200-1 will be conducted at City offices and will be of —2-3 hour duration. Engineer will have up to 3 attendees. b. Initial consent decree issued in 2011. Semi -Annual Reports have been submitted. 5. Deliverables a. Workshop 200-1 Agenda and Summary. b. Task 200 Summary of relevant existing information. c. Consent Decree Accomplishments Summary Task 300: Consent Decree Update Approach Scenario Definition 1. Objective: Develop the City's approach for updating the Consent Decree, including supporting a termination strategy and, if needed, alternative approaches for re -negotiating the Corrective Action Plan. This task will incorporate relevant elements of the ongoing SSAMP to support a practical and defensible path forward. 2. Engineer Activities: a. Task 310. Develop List of CD update approach/sub approach that defines the options suitable for the City. Summary to include tabular table pros, cons, and affordability perspectives/implications. SSAMP I Task Order 10 1 Scope of Work Page 398 of 853 b. Task 320. Explore feasibility of getting CD administration transferred from the EPA to IDNR. Collaborate with City legal as to if/how to explore this. There is precedent in Iowa for this jurisdictional re -organization (e.g Clinton). c. Task 330. Conduct informal touchpoints with regulatory agencies to refine approach on scenarios that will be included in the presentation. d. Task 340. Develop a summary table of remaining CD items with pros/cons/costs columns. This table communicating feasibility of implementing respective line items and/or propose alternatives. e. Task 350. Conduct Collaborative Working Sessions No. 2 (CWS 300-1) and No.3 (CWS 300-2) to present the approach summary information, to facilitate owner discussion and decisions, and to document City consensus. Outcome of these workshops will be a defined CD Update approach. f. Task 360. Develop and submit a final PPT slide deck documenting decisions/direction from CWS 300-1 and CWS 300-2, and which will serve as the basis for Scoping Task 400. 3. Owner Responsibilities a. Participation in project workshop. b. Provide City consensus and direction on their preferred approach. 4. Assumptions a. CWS 300-1 and 300-2 will be conducted at City offices and will be of "2-3 hour duration. Engineer will have up to 3 attendees. b. Documentation will be submitted in PDF format. 5. Deliverables a. Task 300 CWS Agenda and Summary b. Task 300 Final PPT Slide Deck defining preferred CD Update Approach. Task 400: On -Call Consent Decree Update Support Services 1. Objective: The Task 400 Scope will be developed upon the City's desired Consent Decree Approach defined in Task 300. For example, there may be interest in a sub -task to address affordability and rate impacts, and development of City's rate structure against peer communities. Engineer/Owner to develop Task 400 scope and add by Amendment. 2. Engineer Activities: a. Include an allocation for up to 3 meetings to support City in meetings with regulatory agencies. 3. Owner Responsibilities: a. TBD. 4. Assumptions: a. TBD. 5. Deliverables: a. TBD. SSAMP I Task Order 10 1 Scope of Work Page 399 of 853 Anticipated Milestone Schedule The schedule is based upon Task Order acceptance and notice to proceed by June 23, 2026. The scope of services will be completed in accordance with the following milestone schedule: Milestone NTP Received Date 06/23/26. Task 200 Initial Project CWS 06/30/26 (-1 weeks from NTP). Task 300 Draft Content Summary Complete 08/11/26 (-6 weeks from T200 WS). Task 300 Finalized PPT slides to Document 08/2S/26 (-8 weeks from T200 WS). Note: Consent Decree Update to be completed by 12/31/26 (per EPA). SSAMP I Task Order 10 1 Scope of Work Page 400 of 853 • • origin design" Task Order No. 26-04 Origin Design Co. (CONSULTANT) Project No: 26093 Pursuant to Master Services Agreement dated February 16, 2023 CLIENT: City of Dubuque Task Information Task Name:17" Street Railroad Culvert Crossing - Structural Engineering Task Description: Design Services for structures associated with a trenchless stormwater culvert pipe across the Canadian Pacific Kansas City (CPKC) Railway. Scope of Services CONSULTANT will provide the following service to CLIENT: Communication and Administration 1. Attend up to five (5) virtual meetings with Strand Associates to review project information and inform structural design. 2. Management of CONSULTANT'S Project -specific responsibilities, including but not limited to: ■ Coordination of services within CONSULTANT'S internal team. Prepare for and participate in meetings with CLIENT and CLIENT'S other consultants. Design 1. Prepare drawings and technical specifications (to be included on the drawings) for the following elements of construction and submit to CLIENT and/or Strand Associates at the 90 percent design level. (Drawings are currently at 60 percent design level). 90 percent design level will not include reinforcing bar lists nor bent bar details. ■ A 12-foot by 7-foot cast -in -place concrete box culvert extension. ■ A cast -in -place concrete headwall, wingwalls and apron at the outfall of the proposed 96-inch diameter culvert pipe in the Lower Bee Branch Creek. ■ A cast -in -place concrete junction box connecting the box culvert extension to the existing and proposed culvert pipes. Schedule A progress drawing set was submitted on June 17, 2026, and 90 percent Construction Documents are due on July 15, 2026. Compensation CLIENT shall compensate CONSULTANT for Services under this Task Order: DUBUQUE OFFICE 137 Main Street, Ste. 100 origindesign.�om Dubuque, Iowa 52001 800 556-4491 Page 401 of 853 • • origin design'' shall be performed at our standard hourly rates, with an estimated fee of $25,000.00 (Twenty- five thousand dollars and zero cents) The standard hourly rates charged constitute full and complete compensation for the Consultant's services, including labor costs, overhead, and profit. Standard hourly rates do not include reimbursable expenses. Client shall reimburse Consultant for Reimbursable Expenses directly related to the scope of services performed under this Agreement, using the rates set forth in Appendix 1 when applicable. The amounts payable to Consultant for Reimbursable Expenses will be the Project -related internal expenses actually incurred or allocated by Consultant, plus all invoiced external Reimbursable Expenses allocated to the Project, the latter, if any, multiplied by a factor of 1.1. The Standard Hourly Rates and Reimbursable Expenses Schedule will be adjusted annually (as of January 1st) to reflect equitable changes in the compensation payable to Consultant. CONSULTANT: Origin Design Co. Nick Schneider, PE Structural Engineer Date: 06/23/2026 CLIENT: City of Dubuque, Iowa v Na a Michael C. VaW Millig n Title City Manager Date: 06/23/2026 DUBUQUE OFFICE 137 Main Street, Ste. 100 Dubuque, Iowa 52001 CONSULTANT: Origin Design Co. Lauren Ray, PE, SE Vice President/Secretary Date: 06/23/2026 origindesign.com 800 556-4491 Page 402 of 853 • • originegn APPENDIX 1: REIMBURSABLE EXPENSES SCHEDULE Rates and charges for Reimbursable Expenses as of the date of the Agreement are: Specs/Reports (up to 25 Pages) $5.00 each Specs/Reports (Over 25 Pages) $10.00 each Copies (Black/White) $0.05 per page Copies (Color) $0.10 per page Plots (Up to 15 sheets) $10.00 each Plots (Over 15 sheets) $20.00 each Flash Drive $10.00 each Binder $5.00 each Comb Binding $1.00 each Cover Stock $0.20 per page GPS Equipment $15.00 per hour Robotic Survey Equipment $15.00 per hour Air/Slump/Beams $100.00 Each Air/Slump/Cylinders $75.00 Each Air/Slump $50.00 Each Mailing/UPS At Cost Mileage - Reimbursement IRS Rate ($0.72 per mile) Mileage - Survey Vehicle $0.75 per mile Travel Expenses, Lodging & Meals At Cost Traffic Counting Equipment At Cost Trimble Scanner $30.00 per hour Boat Rental (Small with trolling motor $125.00 per day Boat Rental (Large motorized boat) $200.00 per day Gator $120.00 per day Architectural Scanner $50.00 per hour DUBUQUE OFFICE 137 Main Street, Ste. 100 Dubuque, Iowa 52001 origindesign 800 556-4491 Page 403 of 853 THE CITY OF DUB E Masterpiece on the Mississippi TO: Mike Van Milligen, City Manager FROM: Nathan Steffen, Civil Engineer III DATE: June 22, 2026 Dubuque All -America ClW 2007-2012.2013 2017*2019 RE: Request to Sign Contract — N Schmitt Island Collection System Project Contract #2 Attached are the Public Improvement Contract and Performance, Payment & Maintenance Bond between the City of Dubuque and Tschiggfrie Excavating, Co. of Dubuque, IA for the N Schmitt Island Collection System Project Contract #2. It would be appreciated if you would execute the attached documents related to this project. Please return it to the Engineering office for further processing. Attach. cc: Kerry Bradley, Eng. Dept. Page 404 of 853 SECTION 00500 Page 1 of 6 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 NORTH SCHMITT ISLAND COLLECTION SYSTEM PROJECT — CONTRACT #2 THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references purposes the 16th day of June, 2026 between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Tschiggfrie Excavating Co. (Contractor). For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for the NORTH SCHMITT ISLAND COLLECTION SYSTEM PROJECT — CONTRACT #2. 2. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: 1. Project Title Page (Section 00100). 2. Project Directory Page (Section 00101). 3. This Public Improvement Contract (Section 00500). 4. Performance, Payment, and Maintenance Bond (Section 00600). 5. Out -of -State Contractor Bond (Section 00610). 6. Other Bonds: a. (Bond Name) (pages _ to _ , inclusive). b. (Bond Name) (pages to _ , inclusive). C. (Bond Name) (pages _ to _ , inclusive). 7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2023 Edition. 8. CITY OF DUBUQUE Supplemental Specifications 2023 Edition. 9. Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual. 10. Special Provisions included in the project Contract Document Manual. 11. Drawings —Sheet No._ through No._ (_ pages) or drawings consisting of sheets bearing the following general title: NORTH SCHMITT ISLAND COLLECTION SYSTEM PROJECT — CONTRACT #2 12.Addenda (numbers —to _ , inclusive). 13.Insurance Provisions and Requirements (Section 00700). 14. Sales Tax Exemption Certificate (Section 00750). 15. Site Condition Information (Section 00775). 16. Construction Schedule and Agreed Cost of Delay (Section 00800). Page 405 of 853 SECTION 00500 Page 2 of 6 17. Erosion Control Certificate (Section 00900). 18. Consent Decree (Section 01000). 19. Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages to inclusive). b. Bidder Status Form (Section 00460). c. The following documentation that must be submitted by Contractor prior to Notice of Award. i. Contractor Background Information Form (Section 00471) 20.The following which may be delivered or issued on or after the Effective Date of the Agreement: a. Notice to Proceed (Section 00850). b. Project Certification Page (Section 00102). c. Change Orders (Not attached to this agreement). There are no other Contract Documents. The Contract Documents may only be amended, modified, or supplemented as provided in General Conditions. 3. All materials used by the Contractor in the Project must be of the quality required by the Contract Documents and must be installed in accordance with the Contract Documents. 4. The Contractor must remove any materials rejected by the City as defective or improper, or any of said work condemned as unsuitable or defective, and the same must be replaced or redone to the satisfaction of the City at the sole cost and expense of the Contractor. 5. Three percent (3%) of the Contract price will be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Council to pay any claim by any party that may be filed for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that thirty (30) day period, as provided in Iowa Code Chapter 573 or Iowa Code Chapter 26. The City will also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums will be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Contract Documents herein referred to and agrees not to plead misunderstanding or deception related to estimates of quantity, character, location or other conditions for the Project. 7. In addition to any warranty provided for in the specifications, the Contractor must also fix any other defect in any part of the Project, even if the Project has been accepted and fully paid for by the City. The Contractor's maintenance bond will be security for a period of two years after the issuance of the Certificate of Substantial Completion. 8. The Contractor must fully complete the Project under this Contract on or before the date indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract Documents. 9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its officers and employees, from and against all claims, damages, losses and expenses claimed by third parties, but not Page 406 of 853 SECTION 00500 Page 3 of 6 including any claims, damages, losses or expenses of the parties to this Contract, including but not limited to attorneys' fees, arising out of or resulting from performance of this Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. The Contractor shall also be liable to the City for any damage to the City or to City property arising out of or related to the Contractor's negligent performance of this Contract. 10. The Contractor hereby represents and guarantees that it has not, nor has any other person for or in its behalf, directly or indirectly, entered into any arrangement or Contract with any other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; and it has not, nor has another person for or in its behalf directly or indirectly, entered into any Contractor arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the award of this Contract and agrees that in case it hereafter be established that such representations or guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but in no event less than $2,000.00 (Two Thousand Dollars) to the City. 11. The surety on the Bond furnished for this Contract must, in addition to all other provisions, be obligated to the extent provided for by Iowa Code 573.6 relating to this Contract, which provisions apply to said Bond. 12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of Substantial Completion has been issued by the City, it will keep and maintain the Project in good repair for a period of two (2) years. 13. The Project must be constructed in strict accordance with the requirements of the laws of the State of Iowa, and the United States, and ordinances of the City of Dubuque, and in accordance with the Contract Documents. A. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C. 1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and Department of Labor Regulations (29 CFR, Part 5). B. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. Page 407 of 853 SECTION 00500 Page 4 of 6 CONSENT DECREE RELATING TO THE PROJECT 14. X THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE APPLICABLE. _GNP_ CITY CONTRACTOR THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. The City has entered into a Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under contract with the City to perform the obligations of the Consent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to perform work required by the Consent Decree. A copy of the Consent Decree is included in the Contract Documents and can be viewed at http://www.cityofdubugue.org/DocumentCenter/HomeNiew/3173. A hard copy is available upon request at the City's Engineering Department Office. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five (5) years after the termination of the Consent Decree, the City must retain, and must instruct its contractors and agents to preserve, all non -identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information -retention period, upon request by the United States or the State, the City must provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information -retention period, the City must notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City must deliver any such documents, records, or other information to the EPA or IDNR. CERTIFICATION BY CONTRACTOR Page 408 of 853 SECTION 00500 Page 5 of 6 The undersigned on behalf of the Contractor, with full authority to act on behalf of the Contractor, certifies to the City o ue as follows: I have received a copy of the Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:1 1-cv-0101 1-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- 5-1-1-09339, United States District Court for the Northern District of Iowa. 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. All documents reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. 4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's failure to comply with the Consent Decree. CONTRACTOR: Contractor By: Signature D!Lay-, C-� Printed Name G em- a 1 sly►' 'i r)+e Se of Title � IllI�z� Date Page 409 of 853 SECTION 00500 Page 6 of 6 THE CITY AGREES: 15. Upon the completion of the Contract, and the acceptance of the Project by the City Council, and subject to the requirements of law, the City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the amount determined for the total work completed at the price(s) stated in the Contractor's Bid Proposal and less any Agreed Cost of Delay provided for in the Contract Documents. CONTRACT AMOUNT $ 225,133.80 CITY OF DUBUQUE, IOWA: ent De By: � _ Sigrdatffe Michael C. Van Mill Printed Name City Manager Title 06/24/2026 Date CONTRACTOR: Cie, e �XCaVQT��t (• Conttrnractor.. JJ n J By: Signature el- V\ Printed Name &energy I Scw " K4V1nd-eA f Title t bl 1!1l 2oZ� Date — ==== END OF SECTION 00500 ==== Page 410 of 853 SECTION 00775 Page 1 of 2 SITE CONDITION INFORMATION SECTION 00775 250.1 SUBSURFACE CONDITIONS In the preparation of the Contract Documents, the Engineer relied upon the following report(s) and drawing(s) of explorations and tests of subsurface conditions at the Site: 1) Geotechnical Engineering Report prepared by Allender Butzke Engineers Inc. Title: GEOTECHNICAL EXPLORATION NORTH SCHMITT ISLAND COLLECTION SYSTEM GREYHOUND PARK RD & ADMIRAL SHEEHY DR Date: July 10, 2025 Pages: 1 - 40 The technical data in the above report(s), upon which the Contractor may rely, consists of boring logs, test results, and boring locations all as of the date made. Engineer accepts no responsibility for accuracy of the soil data or water level information. Soil information, included with these Contract Documents, was not obtained for the purposes of designing excavations and trenches. Soil information was used by Engineer for design purposes only. Contractor shall assure itself by personal examination as to subsurface conditions and shall provide its own investigations and make its own assumptions to comply with OSHA and any other applicable laws and regulations regarding excavation and trenching requirements. 250.2 PHYSICAL CONDITIONS In the preparation of the Contract Documents, the Engineer relied upon the following drawing(s) of physical conditions in or relating to existing surface and subsurface structures (except underground facilities) which are at or contiguous to the Site: 1) Drawings prepared by: Title: Date: Pages: Page 411 of 853 SECTION 00775 Page 2 of 2 250.3 HAZARDOUS ENVIRONMENTAL CONDITIONS In the preparation of the Contract Documents, the Engineer relied upon the following reports(s) known to the owner of hazardous environmental conditions at the Site: 1) Phase I Environmental Site Assessment Study prepared by N/A Title: Date.- 2) Phase II Environmental Site Assessment Study prepared by N/A Title: Date: 3) Soil and Groundwater Management Plan prepared by Blackstone Environmental Title: _Soil and Groundwater Management Plan Date: 10-19-2022 The technical data in the above report(s), upon which the Contractor may rely, consists of test results all as of the date made. Contractor must not remove, disturb or remediate any Hazardous Environmental Conditions encountered, uncovered or revealed at the Project Area, unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of work. ___= END OF SECTION 00775 =___ Page 412 of 853 SECTION 00800 Page 1 of 2 CONSTRUCTION SCHEDULE AND AGREED COSTS OF DELAY SECTION 00800 800.1 SCHEDULE: CALENDAR DAY SCHEDULE: Work required under the Contract Documents shall commence within ten (10) calendar days after the Notice to Proceed has been issue. The Contractor shall achieve Final Completion no later than October 16, 2026. This schedule is established to coordinate construction activities with ongoing operations at the Q Casino and the adjacent amphitheater venue, ensuring minimal disruption to events and patrons. MILESTONE DATES: In addition to the required Final Completion Date, the project includes specific milestone deadlines that must be met to maintain overall project progress and ensure successful coordination with facility operations. Refer to the General Requirements for detailed milestone definitions and conditions. Milestone 1 — Grinder Pump System Operational 08-03-2026 Milestone 2 — Final Completion 10-16-2026 The following summarizes the intended sequence and expectations for meeting the contract milestones: a. Milestone 1 Completion: All major excavation and installation work associated with the Grinder Pump System shall occur during the window between July 20t" and August 3rd when the amphitheater will not be hosting concerts or large public events. This requirement is intended to avoid disruptions to scheduled performances and to maintain safe access for staff and visitors. The Grinder Pump System shall be fully operational by August 3rd, with all flows successfully routed to the new system by this date. The Contractor may begin preliminary, non -disruptive work prior to July 20t", provided such activities do not impact operations of the Q Casino or amphitheater and are approved in advance by the Engineer. b. Milestone 2 Completion: All remaining work such as the abandonment of the existing lift station and site restoration must be fully completed by October 16, 2026. 800.2 AGREED COSTS OF DELAY: Time is of the essence of the Contract. As delay in the diligent prosecution of the work may inconvenience the public, obstruct traffic, interfere with business, and/or increase costs to the Page 413 of 853 SECTION 00800 Page 2 of 2 City such as engineering, administration, and inspection, it is important that the work be prosecuted vigorously to final completion. An extension of the contract period may be granted by the City for any of the following reasons: 1. Additional work resulting from a modification of the Contract Documents by approved change order. 2. Delays caused by the City. 3. Other reasons beyond the control of the Contractor, which in the City's opinion, would justify such. Should the Contractor, or in case of default the Surety, fail to complete the work within the specified Final Completion Dates, a deduction at the daily rate for agreed costs of delay will be made for each and every calendar day or working day, whichever is specified, such that the work remains uncompleted. The Contractor or the Contractor's Surety shall be responsible for all costs incidental to the completion of the work, and shall be required to pay the City the following daily costs: A. For each calendar day that any work remains uncompleted beyond the Final Completion date the contractor will be assessed and shall pay, $800 per calendar day, not as a penalty but as predetermined and Agreed Cost of Delay until Final Completion requirements are met. Permitting the Contractor to continue and finish the Work, or any part of it, after the expiration of the Substantial and Final Completion dates or Milestone Dates or extension thereof shall in no way operate as a waiver on the part of the City of any of its rights or remedies under the contract, including its right to Agreed Cost of Delay pursuant to this provision. Furthermore, the assessment of Agreed Cost of Delay shall not constitute a waiver of the City's right to collect any additional damages which the City may sustain by failure of the Contractor to carry out the terms of the Contract. The Agreed Cost of Delay rates specified in the Contract Documents is hereby agreed upon as the true and actual damages due the City for loss to the City and to the public due to obstruction of traffic, interference with business, and/or increased costs to the City such as engineering, administration, construction, and inspection after the expiration of the contract times, or extension thereof. Such Agreed Cost of Delay will be separately invoiced to the Contractor, and final payment will be withheld from the Contractor until payment has been made of this invoice for the agreed cost of delay. The Contractor and its surety shall be liable for any agreed cost of delay in excess of the amount due the Contractor. ==== END OF SECTION 00800 ==== Page 414 of 853 City: Address: EROSION CONTROL CERTIFICATION SECTION 00900 DUBUQUE IOWA SECTION 00900 Page 1 of 1 Dated: 6., In I Zb Project: NORTH SCHMITT ISLAND COLLECTION SYSTEM PROJECT — CONTRACT #2 Contract No. Description: INSTALLATION OF APPROXIMATELY 100 LF OF PIPE AND GRINDER PUMP SYSTEM_ I certify under penalty of law that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) Permit that authorizes the storm water discharges associated with industrial activities from the construction site and as detailed in the Contract Documents. Further, by my signature, I understand that I am becoming a co-permittee, along with the owner(s) and other contractors and subcontractors signing such certifications, to the Iowa Department of Natural Resources NPDES General Permit No. 2 for "Storm Water Discharge Associated with Industrial Activity for Construction Activities" at the project site. As a co-permittee, I understand that 1, and my company, are legally required under the Clean Water Act and the Code of Iowa, to ensure compliance with the terms and conditions of the storm water pollution prevention plan developed under this NPDES permit and the terms of this NPDES permit. I agree to indemnify and hold the City harmless from any claims, demands, suits, causes of action, settlements, fines, or judgments and costs of litigation, including, but not limited to, reasonable attorney's fees and costs of investigation and arising from a condition, obligation, or requirement assumed or to be performed by the Contractor for storm water pollution and erosion control. Fines and other costs incurred against the City for the Contractor's failure to provide the required erosion control practices will be paid by the Contractor. Contractor: Ey' tAUA ')"a( Co By: (Authorized Signature) Ge-new( Steer%nfe_v4eA+ (Title) ==== END OF SECTION 00900 ==== Page 415 of 853 SECTION 00750 Page 1 of 5 SALES AND USE TAX EXEMPTION CERTIFICATE SECTION 00750 The City of Dubuque, as a designated exempt entity awarding construction contracts, will issue special exemption certificates to contractors and subcontractors, allowing them to purchase, or withdraw from inventory, materials for the Contract free from sales tax pursuant to Iowa Code Sections: 422.42 (15) & (16), and 422.47 (5). The special exemption certificate will also allow a manufacturer of building materials to consume materials in the performance of a construction contract without owing tax on the fabricated cost of those materials. These tax exemption certificates and authorization letters are applicable only for the work under the contract. The Contractor and each subcontractor shall comply with said Iowa Code Sales Tax requirements, shall keep records identifying the materials and supplies purchased and verify that they were used on the contract, and shall pay tax on any materials purchased tax-free and not used on the contract. 2. Upon award of Contract the City will register the Contract, Contractor, and each subcontractor with the Iowa Department of Revenue and Finance; and distribute tax exemption certificates and authorization letters to the Contractor and each subcontractor. Page 416 of 853 SECTION 00750 Page 2 of 5 PROJECT INFORMATION REQUIREMENTS FOR STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES FOR CONTRACTORS & SUBCONTRACTORS Submitting Department: ENGINEERING Department Contact: KERRY BRADLEY Project CIP Number(s): 5581500049 Please complete this form in its entirety and submit along with the executed Contract, Bonds and Certificate of Insurance. Upon receipt, the City Finance Department will work with the Iowa Department of Revenue to issue Sales Tax Exemption Certificates to the approved contractor(s) to allow for the purchase or inventory withdrawal of materials for the specified Project free from State of Iowa Sales Tax. Sales tax exemption certificates are not provided to material suppliers. The Contractor and subcontractors can provide copies of the sales tax exemption certificates issued by the City to individual material suppliers. Project Name: NORTH SCHMITT ISLAND COLLECTION SYSTEM PROJECT -CONTRACT #2 Project Description: This project includes installation of a new sanitary sewer grinder pump system, approximately 100 linear feet of sanitary sewer force main and abandonment of the existing lift station along the north side of Chaplain Schmitt Island, between the casino and amphitheater. Start Date (Bid Opening Date): 11 June 4, 2026 Final Completion Date: 11 October 16, 2026 1. General Prime Contractor: Go. Contact Name: Complete Address: (Include PO Box and Street Information) qz,5 —SV(1V) Tvb v2 or. City, State, Zip Code Tv6v TA I 5zc>03 Telephone Number: S(3 -1- "]Lk 60 Federal I.D. Number: (or Include Social Security Number) '' Z95 1(A Work Type to be Completed: 5t4Fon �.,cervtie Page 417 of 853 SECTION 00750 Page 3 of 5 2. Subcontractor: Ft A E"trtt, Complete Address: (Include PO Box and Street Information) 1 b5b� �c 3 City, State, Zip Code 0v6vQ ICA Telephone Number: 56 Federal I.D. Number: (or Include Social Security Number) / Work Type to be Completed: ,�.}ion1ecf��caj 3. 1 Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: 4. Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: 5. Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: Page 418 of 853 Bond No. S061247 SECTION 00600 Page 1 of 4 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 KNOW ALL BY THESE PRESENTS: That we,_Tschiggfrie Excavating Co. , as Principal (hereinafter the "Contractor" or "Principal") and Employers Mutual Casualty Company -------------------------- ---------------------------------------------------- �, as S u rety are held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of Two hundred twenty-five thousand, one hundred thirty-three dollars and eighty cents ($225,133.80), lawful money of the United 'States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Owner, bearing date the _16th day of _June 2Q26, (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following project in accordance with the Contract Documents, and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. The Contract Documents for NORTH SCHMITT ISLAND COLLECTION SYSTEM PROJECT — CONTRACT #2 detail the following described improvements: This project includes installation of a new sanitary sewer grinder pump system, approximately 100 linear feet of sanitary sewer force main and abandonment of the existing lift station along the north side of Chaplain Schmitt Island, between the casino and amphitheater. It is expressly understood and agreed by the Contractor and Surety in this Bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to --wit: PERFORMANCE: The Contractor shall well and faithfully observe, perform; fulfill, and abide by each and every covenant, condition, and part of said Contract and Contract Documents, by reference made a part hereof, for the project, and shall indemnify and save harmless the Owner from all outlay and expense incurred by the Owner by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials; lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Page 419 of 853 SECTION 00600 Page 2 of 4 Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Owner is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law, The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract Documents within the period of two (2) year(s) from the date of acceptance of the work under- the Contract, by reason of defects in workmanship, equipment installed, or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Owner all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. Contractor's and Surety's Contract herein made extends to defects in workmanship or materials not discovered or known to the Owner at the time such work was accepted. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time authorized in approved change orders to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, authorized in approved change orders which thereby increases the total contract price and the penal sum of this Bond, provided that all such changes do not, in the aggregate, involve an increase of more than twenty percent (20%) of the total contract price, and that this Bond shall then be released as to such excess increase; C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. Page 420 of 853 SECTION 00600 Page 3 of 4 The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: D. That no provision of this Bond or of any other contract shall be valid that limits to less than five (5) years after the acceptance of the work under the Contract the right to sue on th is Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Owner including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is intended the Contractor and Surety will defend and indemnify the Owner on all claims made against the Owner on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the prorises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Owner whole for all such outlay and expense, provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five percent (125%) of the penal sure of this Bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Owner, by law, The Owner may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable Page 421 of 853 SECTION 00600 Page 4 of 4 provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. Project No. 5521000015 Witness our hands, in triplicate, this 18th SURETY COUNTERSIGNED BY: N/A Signature of Agent Printed Name of Agent Company Address City, State, Zip Code Company Telephone Number PRINCIPAL: Tschiggfrie Excavating Co. Contractor By: Signa �/J Printed Narhe NOTE: day of June 2026. Title F RNIAPPROV,E,Q 13Y: Re resentative for Owner SURETY: Employers Mutual Casualty Company Surety Com y SEAL By. re Atto ey- a fficer o�SM.NES.`�• Kat nder orney-in-F..�ct & Iowa Resident Agent Printed Name of Attorney -in -Fact Officer Holmes, Murphy and Associates LLC Company Name 2727 Grand Prairie Parkway Company Address Waukee, IA 50263 City, State, Zip Code (515)223-6800 Company Telephone Number 1. All signatures on this performance, payment, and maintenance Bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. 3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. END OF SECTION 00600 ==== Page 422 of 853 wemc- I NSURANCE P.O. Box 712 F Des Moines, Iowa 50306-0712 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company' and collectively as "Companies", each does, by these presents, make, constitute and appoint: CRAIG E. HANSEN, BRIAN M. DEIMERLY, JAY D. FREIERMUTH, TIM MCCULLOH, ANNE CROWNER, DIONE R. YOUNG, Seth D. Rooker, Jennifer Marino, Ben Williams, Sara Huston, Kate Zanders, John Cord, Joe Tiernan, Jamie Gifford, Grace Dickinson, Zach Fuller its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond(s): Any and All Bonds and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority herby granted shall expire August 13th, 2028, unless sooner revoked AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 17th day of September, 2025. Seals ,•wsa�(•�•,. 4� tostngtil,,I. ; ��tv •tal.cgS, ,W�,4e?Pn9,iF"�- �R:�GOFP��.,p _ ��i'Qi ON 'Y•��_y,_ ;. SEAL' :_: 1863 1953- �: S =4yS pK. 4O � 4 FPS., I.Oyy` � Q _.` C.Yaglyf �:• ��4 `�r�NtiP : r '_ <3= SEAL. _ <_ -A SEAL _t = _ ; SEAL ` ��' ° . a;; •,,,,, •tire. •,�r'•..,. `,r �. AMY DANIEL Commission Number 866839 My Commission Expires August 13, 2028 ott R. Jean, a ident & CEO of Company 1; irman, President & CEO of Companies 2, 3, 4, 5 & 6 Todd Strother, Executive Vice President Chief Legal Officer &Secretary of Companies 1, 2, 3, 4, 5 & 6 On this 17th day of September, 2025 before me a Notary Public in and for the State of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, did say that they are, and are known to me to be the CEO, Chairman, President, Executive Vice President, Chief Legal Officer and/or Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires August 13, 2028. Notary Public i0and for the State of Iowa CERTIFICATE I, Ryan J. Springer, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 17th day of September, 2025, are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 18th day of June 1 2026 Avov / Vice President 7838 (9-25) 0000000-00-000-00000 A1452 SSE "For verification of the authenticity of the Power of Attorney you may call (515) 345-7548." Page 423 of 853 ACC)R6' CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/19/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AssuredPartners Great Plains, LLC 501 Bell Street CONTACT NAME: Liz Martin PHONE FAX c o - 563-556-0272 A/c No): 563-556-4425 ADDRESS: Liz. Martin ASSUredPartners.COm Dubuque IA 52001 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Continental Western Insurance CO 10804 License#: 1001000272 INSURED TSCHEXC-01 Tschiggfrie Excavating Co 425 Julien Dubuque Drive INSURER B: American Interstate Insurance Company 31895 INSURERC: Navigators Specialty Insurance Company 36056 INSURERD: Dubuque IA 52003 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER:392239062 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y CPA3297848-21 10/1/2025 10/1/2026 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 POLICY X]JE � LOC PRODUCTS - COMPlOPAGG $2,000,000 1 $ OTHER: A AUTOMOBILE LIABILITY Y CPA3297848-21 10/1/2025 10/1/2026 COMBINED SINGLE LIMIT COMBINED $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS IAUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ NON -OWNED HIRED IX ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR Y CPA3297848-21 10/1/2025 10/112026 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAR CLAIMS -MADE DED I X I RETENTION $, $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N Y SVWCIA3414772025 10/1/2025 10/1/2026 X I STATUTE OERH E.L. EACH ACCIDENT $ 500.000 ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ 500,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 C Enviromental CPLI00900001 10/1/2025 10/1/2027 Occurance $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) North Schmitt Island Collection System Project Contract #2, project #5581500049. The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers are listed as additional insured under the General Liability for ongoing (CLCG0492) and completed operations (CG2039) on a primary noncontributory basis. Waiver of subrogation in favor of the City are listed under the General Liability, Auto Liability, and Workers Compensation, the Umbrella follows form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Dubuque 50 West 13th St. AUTHORIZED REPRESENTATIVE Dubuque IA 52001 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 424 of 853 COMMERCIAL AUTO CL CA 20 92 12 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGE EXTENSIONS Paragraph No. Name of Coverage Extensions Limit or Included A Additional Insured by Contract Or Agreement Including Primary and Noncontributory Other Insurance Condition Included B. Airbags - Extended Coverage Included C. Audio, Visual & Data Electronic Equipment Coverage (Including Telematics Tracking Equipment) $1,000 D. Auto Loan/Lease Gap Coverage $2,500 E. Autos Rented by Employees Included F. Bail Bonds - Extended Coverage $5,000 G. Broad Form Named Insured Including Newly Acquired or Formed Organizations Included H. Custom Signs & Decorations Included I. Employees as Insureds Included J. Fellow Employee Coverage Included K. Glass Repair— No Deductible Included L. Hired Auto Physical Damage and Increased Loss of Use Expenses Loss of use (Per Day / Maximum) $100,000 $500 / $3,500 M. Knowledge Of An Accident, Claim, Suit Or Loss Included N. Loss Of Earnings - Extended Coverage $1,000 O. Rental Reimbursement Coverage Maximum Rental Expenses Per Day $75 Maximum Rental Expenses Because Of Loss To Any One Covered 'Auto" $3,375 Maximum Rental Expenses Because Of Loss To All Covered "Autos" In Any One Policy Period $15,000 P. Resultant Mental Anguish Included Q. Towing And Labor Coverage Extension $100 R. Transportation Expenses - Coverage Extension ( Per Day / Maximum) $75 / $2,500 S. Unintentional Failure To Disclose Hazards Included T. Waiver Of Subrogation By Contract Or Agreement Included CL CA 20 92 12 22 Includes copyrighted material of Insurance Services Page 1 Of 6 Offices, Inc. with its permission Page 425 of 853 The above is a summary only. If there is a conflict between this summary and the endorsement provisions that follow, the endorsement provisions shall prevail. A. ADDITIONAL INSURED BY CONTRACT insured under this provision will be OR AGREEMENT INCLUDING PRIMARY primary to, and will not seek AND NONCONTRIBUTORY OTHER contribution from, the additional INRI IRANCF CONDITION insured's own insurance. The following is added to Paragraph A.I. Who Is An Insured of Section II — Covered Autos Liability Coverage: When you have agreed in a written contract or agreement to include a person or organization as an additional insured, such person or organization is included as an "insured" subject to the following: 1. Such person or organization is an additional insured only to the extent such person or organization is liable for "bodily injury" or "property damage" because of the conduct of an "insured" under Paragraphs a. or b. under Paragraph A.1. Who Is An Insured of Section II — Covered Autos Liability Coverage, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". 2. The written contract or agreement described above must have been executed prior to the "accident" that caused the "bodily injury" or "property damage" and be in effect at the time of such "accident". 3. The insurance afforded to any such additional insured does not apply to any "accident" beyond the period of time required by the written contract or agreement described above. 4. The most we will pay on behalf of such additional insured(s) is the lesser of: a. The Limits of Insurance specified in the written contract or agreement described above; or b. The Limits of Insurance shown in the Declarations. This provision shall not increase the Limit of Insurance shown in the Declarations in this policy or coverage part. 5. The following changes are made to Paragraph 5. Other Insurance of B. General Conditions under Section IV — Business Auto Conditions: a. The following is added to Paragraph 5.a.: b. Paragraph 5.c. is deleted in its entirety. 6. Paragraph A.1.c. under Section II - Covered Autos Liability Coverage is deleted in its entirety. 7. The definition of "insured contract" under Section V — Definitions is amended to add the following: An "insured contract" does not include that part of any contract or agreement: That pertains to the ownership, maintenance or use of an "auto" and which indemnifies a person or organization for other than the vicarious liability of such person or organization for "bodily injury" or "property damage" caused by your operation or use of a covered "auto". However, a person or organization is an additional "insured" under this provision only to the extent such person or organization is not named as an "insured" by separate endorsement to this policy. B. AIRBAGS- EXTENDED COVERAGE Section III — Physical Damage Coverage, Paragraph B.3.a. does not apply to the unintended discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide coverage. C. AUDIO, VISUAL & DATA ELECTRONIC EQUIPMENT COVERAGE (Including Telematics Tracking Equipment) Physical Damage Coverage is amended as follows: 1. In Section III — Physical Damage Coverage, Paragraphs B.4.c. and B.4.d. do not apply to: a. Global positioning systems; or b. "Telematics devices"; which are not: (1) Permanently installed in or upon the covered "auto"; If required by the written contract or (2) Removable from a housing unit agreement described above, the which is permanently installed in or insurance afforded to the additional upon the covered "auto"; CL CA 20 92 12 22 Includes copyrighted material of Insurance Services Page 2 Of 6 Offices, Inc. with its permission Page 426 of 853 (3) An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or; (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 2. In the event of a "loss" to a covered "auto", the most we will pay for "loss" to global positioning systems and "telematics devices" in any one covered "auto" is the lesser of. a. The actual cash value of the damaged or stolen property at the time of loss; b. The cost of repairing or replacing damaged or stolen property with other property of like kind and quality; or E. c. $1,000 3. For each covered "loss", a deductible of $100 shall apply. "Telematics Devices" include devices that are not installed by the vehicle manufacturer and that are designed for the collection and dissemination of data for the purpose of monitoring vehicle and/or driver performance. This includes global positioning systems and wireless safety communication devices. Cellular, mobile and smart phones are not considered global positioning systems or "telematics devices" for purposes of this coverage provision. D. AUTO LOAN/LEASE GAP COVERAGE The following is added to Section III — Physical Damage Coverage, Paragraph C.: In the event of a total "loss" to a covered "auto", we will pay up to $2,500 on the unpaid amount due on the lease orloan for a covered "auto", less: The amount paid under the Physical Damage Coverage section of the policy; and any: 1. Overdue or any deferred lease/loan payments at the time of the "loss"; 2. Financial penalties imposed under a lease for excessive use, abnormal wear F and tear or high mileage; 3. Security deposits not returned by the lessor; 4. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and 5. Carry-over balances from previous loans or leases. Coverage provided under this extension will be excess over any other collectible insurance including, but not limited to, any coverage provided by or purchased from the lessor or any financial institution. However, this provision does not apply to the extent loan/lease gap coverage has been provided by separate endorsement to this policy. AUTOS RENTED BY EMPLOYEES The following is added to Section II — Covered Autos Liability Coverage, Paragraph A.1.: The following is added to the Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business BAIL BONDS - EXTENDED COVERAGE Section II — Covered Autos Liability Coverage, Paragraph A.2.a.(2) is deleted and replaced by the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. G. BROAD FORM NAMED INSURED INCLUDING NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following is added to sub paragraph Al. Who Is An Insured of Section 11— Covered Autos Liability Coverage: For any covered "auto"; Any organization, other than a partnership, joint venture or limited liability company, over which you maintain ownership or majority interest of more than 50 percent on the effective date of this endorsement and for CL CA 20 92 12 22 Includes copyrighted material of Insurance Services Page 3 of 6 Offices, Inc. with its permission Page 427 of 853 which you are obligated prior to the loss to provide insurance, unless that organization is an "insured" under any other automobile policy or would be an "insured" under such a policy but for the exhaustion of its Limit of Insurance. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company or any organization excluded either by this Coverage Part or by endorsement, and over which you maintain ownership or majority interest of more than 50 percent will qualify as a Named Insured. However: 1. This insurance does not apply to any newly acquired or formed organization that is an "insured" under any other automobile policy or would be an "insured" under such policy but for its termination or the exhaustion of its Limit of Insurance. 2. Coverage under this provision does not apply to "bodily injury", "property damage", expense or "loss" that occurred before you acquired or formed the organization. 3. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. H. CUSTOM SIGNS & DECORATIONS Physical Damage coverage on a covered "auto" extends to "loss" to custom signs and decorations including custom murals, paintings or other decals or graphics. Our limit of liability for each "loss" to custom signs and decorations shall be the least of: (1) Actual cash value of the stolen or damaged property; (2) Amount necessary to repair or replace the property; or This coverage does not apply to Hired Auto Physical Damage Coverage. I. EMPLOYEES AS INSUREDS Section II - Covered Autos Liability Coverage, Paragraph A.1.b.(2) is deleted and replaced by the following: (2) Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. INSUREDS, does not apply if separate Employee as Insured coverage (or any similar or equivalent coverage) has been provided by a separate endorsement issued by us and made a part of this policy or coverage part. J. FELLOW EMPLOYEE COVERAGE Exclusion B. 5, of Section II - Covered Autos Liability Coverage is deleted and replaced with the following: 5. Fellow Employee a. "Bodily injury" to any fellow "employee" of an "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. However, this exclusion does not apply to liability incurred by your "employees" that are "executive officers". No "employee" is an "insured" for "bodily injury" to a co -employee if such co - employee's exclusive remedy is provided under a workers' compensation law or any similar law. For the purpose of Fellow Employee Coverage only, paragraph B.5. of Business Auto Conditions is changed as follows: This Fellow Employee Coverage is excess over any other collectible insurance. As used in this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. K. GLASS REPAIR — NO DEDUCTIBLE The following is added to Section III — Physical Damage Coverage, Paragraph D.. 3 Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" when you elect to patch or repair glass rather than replace. L. HIRED AUTO PHYSICAL DAMAGE AND INCREASED LOSS OF USE EXPENSES However, the insurance provided by this Section III — Physical Damage Coverage, provision, I. EMPOYEES AS A. 4 Coverage Extensions is amended to CL CA 20 92 12 22 Includes copyrighted material of Insurance Services Page 4 Of 6 Offices, Inc. with its permission Page 428 of 853 include the following: If hired "autos" are covered "autos" for Liability Coverage under this policy and if Physical Damage Comprehensive Coverage, Physical Damage Specified Causes Of Loss Coverage, or Physical Damage Collision Coverage is provided under this policy for any "auto" you own, then such Physical Damage Coverages are extended to apply to "autos" you lease, hire, rent or borrow without a driver, subject to the following provisions: 1. This extension is only available for "autos" you lease, hire, rent or borrow for less than 30 consecutive days. 2. The most we will pay in any one "loss" is the least of $100,000, the actual cash value of the "auto" or the cost to repair or replace the "auto", except that such amount will be reduced by a deductible to be determined as follows: The deductible shall be equal to the amount of the highest deductible shown for any owned "auto' of the same classification for that coverage. In the event there is no owned "auto" of the same classification, the highest deductible for any owned "auto" will apply for that coverage. 3. Coverage provided under this extension will be excess over any other collectible insurance you have. Paragraphs 1 through 3 above do not apply if separate Hired Auto Physical Damage is indicated in the declarations. For "autos" you lease, hire, rent or borrow covered under this Hired Auto Physical Damage Coverage extension or under separate coverage provided in the declarations, the limits in subparagraph b. Loss Of Use Expenses under paragraph 4. Coverage Extensions as found in paragraph A. Coverage of SECTION III — PHYSICAL DAMAGE COVERAGE, are increased to $500 per day, to a maximum of $3, 500. M. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following is added to Section IV — Business Auto Conditions, Paragraph A.2.: partner, an executive officer or an employee designated by you to give us such notice. Notice of an "accident" or "loss" to your Workers' Compensation insurer, for an event which later develops into a claim for which there is coverage under this policy, shall be considered notice to us, but only if we are notified as soon as you know that the claim should be addressed by this policy, rather than your Workers' Compensation policy. N. LOSS OF EARNINGS - EXTENDED COVERAGE Section II — Covered Autos Liability Coverage, Paragraph A.2.a.(4) is deleted and replaced by the following: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $1,000 a day because of time off from work. O. RENTAL REIMBURSEMENT COVERAGE 1. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductible applies to this coverage. This coverage is only available to those covered "autos" involved in a "loss" and Physical Damage is provided to the covered "auto". 2. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the expiration date of the policy, with the lesser of the following; a. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 45 days. 3. Our payment is limited to the lesser of the following amounts: Notice of an "accident" or "loss" will be a. Necessary and actual expenses considered knowledge of yours only if incurred. reported to you, if you are an individual, a b. The maximum rental expenses CL CA 20 92 12 22 Includes copyrighted material of Insurance Services Page 5 of 6 Offices, Inc. with its permission Page 429 of 853 P. C" indicated below: (1) Not more than $75 per day; (2) The maximum rental expenses shown below: (a) $3,375 because of 'loss" to any one covered "auto"; (b) $15,000 because of all "loss" to all covered "autos" in any one policy period. 4. We will pay up to an additional $300 for the reasonable and necessary expenses you incur to remove your materials and equipment from the covered "auto" and replace such materials and equipment on the rental "auto". 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. If 'loss" results from the total theft of a covered "auto' of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. RESULTANT MENTAL ANGUISH Section V - Definitions, Paragraph C. is deleted and replaced by the following: C. "Bodily injury" means bodily injury, disability, sickness, or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". TOWING AND LABOR COVERAGE EXTENSION The following is added to Section III — Physical Damage Coverage, paragraph A.2.: 1. We will pay up to $100 for a covered "auto" for towing and labor costs incurred each time the covered "auto' is disabled. However, the labor must be performed at the place of disablement. 2. This coverage applies only for an "auto' covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Coverages. 3. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". R. TRANSPORTATION EXPENSES - COVERAGE EXTENSION Paragraph A.4.a. Transportation Expenses of Section III — Physical Damage Coverage is amended as follows: 1. The Limits of Insurance are increased to $75 per day to a maximum of $2,500. 2. We will also pay reasonable and necessary expenses to facilitate the return of the stolen "auto" to you. S. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The following is added to Section IV - Business Auto Conditions, Paragraph B.2.: If you unintentionally fail to disclose any hazards existing at the inception of this policy, such failure will not prejudice the coverage provided to you. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. T. WAIVER OF SUBROGATION BY CONTRACT ORAGREEMENT The following is added to Section IV - Business Auto Conditions, Paragraph A.5.: The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to any person(s) or organization(s) for whom you have agreed under written contract or agreement to waive subrogation with respect to the coverage provided under this Coverage Form, but only to the extent that subrogation is waived prior to the "accident" or the 'loss". CL CA 20 92 12 22 Includes copyrighted material of Insurance Services Page 6 of 6 Offices, Inc. with its permission Page 430 of 853 CL IL 00 12 11 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART CONDOMINIUM DIRECTORS AND OFFICERS LIABILITY CRIME AND FIDELITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY EMPLOYEE BENEFITS LIABILITY FARM COVERAGE PART FARM UMBRELLA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRINTERS ERRORS AND OMISSIONS LIABILITY PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY RAILROAD PROTECTIVE LIABILITY COVERAGE PART If we cancel this policy, we will give the person or organization shown below the number of days' notice indicated in the Schedule below. Proof of mailing will be sufficient proof of notice. SCHEDULE 1. Number of days' notice: (a) Non-payment of premium: 10 days (b) Any reason other than non-payment of premium: 30 days. 2. Name and Address of Person or Organization: City of Dubuque Finance Department 50 West 13th Street Dubuque, IA 52001 CL IL 00 12 11 10 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission Page 431 of 853 COMMERCIAL EXCESS LIABILITY CL CX 02 01 0120 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - BLANKET ADDITIONAL INSUREDS PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following is added to Paragraph 8.a. OTHER INSURANCE of SECTION II — LIMITS OF INSURANCE: With respect to any additional insured under Paragraph 1.d. of SECTION I — COVERAGES: 1. If the written contract or agreement to add the person or organization as an additional insured specifically requires this insurance to be primary to that person's or organization's own insurance, then this insurance shall be primary to such other insurance, but only if that person or organization is listed as a Named Insured under such other insurance. If the written contract or agreement to add the person or organization as an additional insured specifically requires this insurance to be noncontributory to that person's or organization's own insurance, then this insurance will not seek contribution from such other insurance, but only if that person or organization is listed as a Named Insured under such other insurance. All other provisions, conditions, and exclusions of the policy remain unchanged. CL CX 02 01 0120 Includes copyrighted material of Insurance Services Page 1 of 1 Office, Inc. with its permission Page 432 of 853 CW33581011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GOVERNMENTAL ENTITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Municipality: City of Dubuque Mailing Address: 50 W 13th Street, Dubuque, IA 52001 Municipality: City of Cedar Rapids Mailing Address: 101 First Street SE, Cedar Rapids, IA 52404 Municipality: City of Elkader Mailing Address: 207 N Main Street, Elkader, IA 52043 Municipality: City of Manchester Mailing Address: 208 E Main Street, Manchester, IA 52057 Municipality: City of Dyersville Mailing Address: 340 1st Ave East, Dyersville, IA 52040 Municipality: City of Asbury Mailing Address: 5290 Grand Meadow Dr, Asbury, IA 52002 Municipality: City of Shellsburg Mailing Address: 108 Main Street SE, Shellsburg, IA 50266 Municipality: City of Vinton Mailing Address: 110 West 3rd Street, Vinton, IA 52349 Municipality: City of Worthington Mailing Address: 216 1st Ave West, Worthington, IA 52078 Municipality: City of Swisher Mailing Address: 66 2nd Ave SW, Swisher, IA 52338 Municipality: City of Fairfax Mailing Address: 300 80th Street Court Fairfax, IA 52228. CW 33 58 10 11 Includes copyrighted material of Insurance Services Page 1 of 2 Office, Inc., with its permission Page 433 of 853 i i (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following provisions are added to the coverage part listed above: A. ADDITIONAL INSURED PROVISION The Municipality shown in the schedule, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees, and volunteers, are included as Additional Insureds with respect to liability arising out of the insured's work and/or services performed for the municipality shown in the Schedule. This coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage is primary, contributing or excess. B. GOVERNMENTAL IMMUNITIES PROVISION 1. Nonwaiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the municipality shown in the Schedule as an Additional Insured does not waive any of the defenses of governmental immunity available to them under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 3. Assertion of Government Immunity. The municipality shown in the Schedule shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the municipality shown in the Schedule. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the municipality shown in the Schedule under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the municipality. 5. No Other Change in Policy. The insurance carrier and the municipality shown in the Schedule agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. C. CANCELLATION AND MATERIAL CHANGES PROVISION Thirty (30) days Advance Written Notice of Cancellation, ten (10) days Written Notification of Cancellation due to non-payment of premium, and forty-five (45) days Advance Written Notification of Non -Renewal shall be sent to the address shown in the Schedule. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance to which this endorsement is attached. Page 2 of 2 Includes copyrighted material of Insurance Services CW 33 58 10 11 Office, Inc., with its permission Page 434 of 853 COMMERCIAL GENERAL LIABILITY CG 25 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): Various Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which can be attributed only to operations at a single designated 'location" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated 'location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated 'location" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which cannot be attributed only to operations at a single designated 'location" shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Location General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General CG 25 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 Page 435 of 853 Aggregate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 04 05 09 Page 436 of 853 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Page 437 of 853 COMMERCIAL GENERAL LIABILITY CG20391219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT WITH YOU (COMPLETED OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for that additional insured and included in the "products -completed operations hazard". However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG20391219 © Insurance Services Office, Inc., 2018 Page 1 of 1 Page 438 of 853 COMMERCIAL GENERAL LIABILITY CLCG04921018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneous Additional Insureds Included B. Expected Or Intended Injury Or Damage Included C. Knowledge Of Occurrence Included D. Legal Liability— Damage To Premises Rented To You (Fire, Lightning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) $300,000 E. Medical Payments See Declarations F. Mobile Equipment Redefined Included G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Company And Extended Period Of Coverage Included H. Who Is An Insured — Amendment Included I. Non -Owned Watercraft (Increased to maximum length of less than 51 feet Included J. Supplementary Payments — Increased Limits 1. Bail Bonds 2. Loss Of Earnings $ 3,000 $ 1,000 K. Unintentional Omission Or Unintentional Error In Disclosure Included L. Waiver Of Transfer Of Rights Of Recovery Against Others Included M. Liberalization Clause Included N. Incidental Medical Malpractice Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability Coverage Part apply except as otherwise provided in this endorsement. This endorsement applies only if such Coverage Part is included in this policy. A. MISCELLANEOUS ADDITIONAL INSUREDS in writing in a contract or agreement that such person or organization be added as an additional insured on your policy, provided that: a. The written contract or written agreement is: 1. Section II — Who Is An Insured is amended (1) Currently in effect or becoming to include as an insured any person or effective during the term of this policy; organization (referred to as an additional and insured below) described in Paragraphs AA .c.(1) through A.1.c.(9) below when you (2) Fully executed by you and the and such person or organization have agreed additional insured prior to the "bodily CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 8 with its permission Page 439 of 853 injury", "property damage" or (1.1) The preparing, approving, "personal and advertising injury". or failing to prepare or b. The insurance afforded by this provision approve, maps, shop drawings, opinions, reports, does not apply to any person or surveys, field orders, organization included as an additional change orders or drawings insured by a separate endorsement and specifications; or issued by us and made a part of this policy or coverage part. (1.2) Supervisory, inspection, architectural or engineering c. Only the following persons or activities. organizations are additional insureds under this provision, with coverage for This exclusion applies even if the such additional insureds limited as claims against any insured allege provided herein: negligence or other wrongdoing in the (1) Persons or Organizations For supervision, hiring, employment, training or monitoring of others by that Whom Operations Are Performed insured, if the "occurrence" which (a) Any person or organization for caused the "bodily injury" or "property whom you are performing damage", or the offense which operations when you and such caused the "personal and advertising person or organization have injury", involved the rendering of, or agreed in writing in a contract or the failure to render, any professional agreement that such person or architectural, engineering or organization be added as an surveying services. additional insured to your policy; (ii) "Bodily injury" or "property and damage" occurring after: (b) Any other person or organization (1.1) All work, including you are required to add as an materials, parts or additional insured under the equipment furnished in contract or agreement described connection with such in paragraph (a) above. work, on the project (c) Such person(s) or organization(s) (other than service, is an additional insured only with maintenance or repairs) respect to liability for "bodily to be performed by or on injury", "property damage" or behalf of the additional "personal and advertising injury" insured(s) at the location caused, in whole or in part, by: of the covered operations has been completed; or (i) Your acts or omissions; or (1.2) That portion of "your () e acts or omissions of work" out of which the those acting on your behalf; injury or damage arises in the performance of your ongoing has been put to its operations for the additional insured. intended use by any (d) With respect to the insurance person or organization other than another afforded to these additional contractor or insureds, the following additional subcontractor engaged in exclusions apply: performing operations for This insurance does not apply to: a principal as a part of the same project. i "Bodily injury",.,property (�) Y damage" or "personal and (2) Managers Or Lessors Of Premises advertising injury" arising out A manager or lessor of premises but of the rendering of, or the only with respect to liability arising out failure to render, any of the ownership, maintenance or use professional architectural, of that part of the premises leased to engineering or surveying services, including: CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 8 with its permission Page 440 of 853 you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant in that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. (3) Mortgagee, Assignee Or Receiver A mortgagee, assignee, or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a covered premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. (4) Owners Or Other Interests From Whom Land Has Been Leased An owner or other interest from whom land has been leased to you but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land. (b) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. (5) Lessor Of Leased Equipment Any person(s) or organization(s) from whom you lease equipment but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). A person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such leased equipment ends. This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (6) State, Municipality, Governmental Agency Or Subdivision Or Other Political Subdivision — Permits Or Authorizations Relating To Premises Any state, municipality, governmental agency or subdivision or other political subdivision subject to the following additional provisions: (a) This insurance applies only with respect to: (i) The following hazards for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: (1.1) The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or (1.2) The construction, erection or removal of elevators; or (1.3) The ownership, maintenance or use of any elevators covered by this insurance. (ii) Operations performed by you or on your behalf for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization. CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 8 with its permission Page 441 of 853 (b) This insurance does not apply to (iii) Any physical or chemical "bodily injury", "property damage" change in the product made or "personal and advertising intentionally by the injury" arising out of operations vendor; performed for the state, (iv) Repackaging, except when municipality, governmental unpacked solely for the agency or subdivision or other purpose of inspection, political subdivision. demonstration, testing, or the (7) Controlling Interest substitution of parts under instructions from the Any person(s) or organization(s) with manufacturer, and then a controlling interest in the Named repackaged in the original Insured but only with respect to their container; liability arising out of: (v) Any failure to make such (a) Their financial control of you; or inspections, adjustments, (b) Premises they own, maintain or tests or servicing as the control while you lease or occupy vendor has agreed to make these premises. or normally undertakes to make in the usual course of This insurance does not apply to business, in connection with structural alterations, new s the distribution or sale of the construction or demolition operations products; performed by or for such person(s) or organization(s). (vi) Demonstration, installation, 8 Co -Owner Of Insured Premises () servicing or repair operations, except such A co-owner of a premises co -owned operations performed at the by you and covered under this vendor's premises in insurance but only with respect to the connection with the sale of co -owner's liability as co-owner of the product; such premises. (vii) Products which, after (9) Vendors distribution or sale by you, have been labeled (a) Any person(s) or organization(s) relabeled or used as a a (referred to as vendor), but only container, part or ingredient with respect to "bodily injury" or of any other thing or property damage arising out of substance by or for the "your products" which are vendor; or distributed or sold in the regular course of the vendor's business. (viii) "Bodily injury" or "property damage" arising out of the The insurance afforded the T sole negligence of the vendor vendor does not apply to: pp Y for its own acts or omissions (i) "Bodily injury" or "property or those of its employees or damage" for which the anyone else acting on its vendor is obligated to pay behalf. However, this damages by reason of the exclusion does not apply to: assumption of liability in a (1.1) The exceptions written contract or written contained in Sub - agreement. This exclusion paragraphs (iv) or does not apply to liability for (vi); or damages that the vendor would have in the absence of (1.2) Such inspections, the written contract or written adjustments, tests or agreement; servicing as the vendor has agreed to (ii) Any express warranty make or normally you; unauthorized by Y undertakes to make CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 8 with its permission Page 442 of 853 in the usual course of business, in connection with the distribution or sale of the products. (b) This insurance does not apply to any insured person or organization, from whom you have acquired products, or any ingredient, part or container, entering into, accompanying or containing such products. 2. With respect to coverage provided by this Provision A. Miscellaneous Additional Insureds, the following additional provisions apply: a. Any insurance provided to an additional insured designated under Paragraphs A.1.c.(1) through A.1.c.(8) above does not apply: (1) To "bodily injury" or "property damage" included within the "products -completed operations hazard"; or (2) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. b. The insurance afforded to such additional insured only applies to the extent permitted by law. c. The insurance afforded to such additional insured will not be broader than that which you are required to provide by the written contract or written agreement. 3. With respect to the insurance afforded to the additional insureds within this Provision A. Miscellaneous Additional Insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contractor written agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations; B. EXPECTED OR INTENDED INJURY OR DAMAGE Exclusion 2.a. Expected Or Intended Injury of Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. C. KNOWLEDGE OF OCCURRENCE Paragraph 2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an 'occurrence" or an offense which may result in a claim only when the 'occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A manager, if you are a limited liability company; or (4) An "executive officer" or the "employee" designated by you to give such notice, if you are an organization other than a partnership or a limited liability company. To the extent possible, notice should include: (i) How, when and where the "occurrence" or offense took place; (ii) The names and addresses of any injured persons and witnesses; and (iii) The nature and location of any injury or damage arising out of the 'occurrence" or offense. D. LEGAL LIABILITY — DAMAGE TO PREMISES RENTED TO YOU (Fire, Lightning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) If damage to premises rented to you is not otherwise excluded from this policy or coverage part, then the following provisions apply: whichever is less. 1. Under Section I — Coverage A — Bodily This endorsement shall not increase the Injury And Property Damage Liability, the applicable Limits Of Insurance shown in the last paragraph (after the exclusions) is deleted Declarations. and replaced by the following: CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 8 with its permission Page 443 of 853 Exclusions c. through n. do not apply to damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. The paragraph immediately after Sub- paragraph j.(6) of Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 3. Paragraph 6. of Section III — Limits Of Insurance is deleted and replaced by the following: 6. Subject to Paragraph 5. above, the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations, is the most we will pay under Coverage A for damages because of "property damage" to premises while rented to you, or in the case of damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems, while rented to you or temporarily occupied by you with permission of the owner. This limit will apply to all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, "smoke", leakage from automatic fire protective systems, or other covered causes of loss or any combination thereof. 4. Subparagraph b.(1)(a)(ii) of Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: you or temporarily occupied by you with permission of the owner; 5. Subparagraph a. of Definition 9. "Insured contract" of Section V — Definitions is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, "smoke" or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'. 6. As used in this Provision D. Legal Liability — Damage To Premises Rented To You: "Smoke" does not include smoke from agricultural smudging, industrial operations or "hostile fire". E. MEDICAL PAYMENTS The Medical Expense Limit is changed, subject to the terms of Section III — Limits Of Insurance, to the Medical Expense Limit shown in the Declarations. F. MOBILE EQUIPMENT REDEFINED Subparagraph f.(1) of Definition 12. "Mobile equipment' of Section V — Definitions is deleted and replaced by the following: (1) Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; G. NEWLY FORMED OR ACQUIRED ORGANIZATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY AND EXTENDED PERIOD OF COVERAGE Paragraph 3. of Section II — Who Is An Insured is deleted and replaced by the following: 3. Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or: a. Majority interest of more than 50% if you are a corporation; (ii) That is fire, lightning, explosion, "smoke" b. Majority interest of more than 50% as a or leakage from automatic fire protective general partner of a newly acquired or systems insurance for premises rented to formed partnership; and/or CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 8 with its permission Page 444 of 853 c. Majority interest of more than 50% as an owner of a newly acquired or formed limited liability company; will qualify as a Named Insured if there is no other similar insurance available to that organization. However, for these organizations: (i) Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, partnership or limited liability company, or the end of the policy period, whichever is earlier; (ii) Section I — Coverage A — Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization, partnership or limited liability company; (iii) Section I — Coverage B — Personal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization, partnership or limited liability company; (iv) Coverage applies only when operations of the newly acquired organization, partnership or limited liability company are the same or similar to the operations of insureds already covered under this insurance; (v) Coverage only applies for those limited liability companies who have established a date of formation as recorded within the filed state articles of organization, certificates of formation or certificates of organization; and (vi) Coverage only applies for those partnerships who have established a date of formation as recorded within a written partnership agreement or partnership certificate. H. WHO IS AN INSURED — AMENDMENT The last paragraph of Section II — Who Is An Insured is deleted and replaced by the following: No person or organization is an insured with respect to the conduct of any: a. Current partnership or limited liability company, unless otherwise provided for under Paragraph 3. of Section II — Who Is An Insured; b. Current joint venture; or c. Past partnership, joint venture or limited liability company; that is not shown as a Named Insured in the Declarations. I. NON -OWNED WATERCRAFT Subparagraph (2) of Exclusion 2.g. Aircraft, Auto Or Watercraft of Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge. J. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS Section I — Supplementary Payments — Coverages A And B is changed as follows: 1. The limit shown in Paragraph 1.b. for the cost of bail bonds is changed from $250 to $3,000; and 2. The limit shown in Paragraph 1.d. for loss of earnings because of time off from work is changed from $250 a day to $1,000 a day. K. UNINTENTIONAL OMISSION OR UNINTENTIONAL ERROR IN DISCLOSURE The following provision is added to Paragraph 6. Representations of Section IV — Commercial General Liability Conditions: However, the unintentional omission of, or unintentional error in, any information given or provided by you shall not prejudice your rights under this insurance. This provision does not affect our right to collect additional premium or to exercise our right of cancellation or non -renewal. L. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" and included in the "products -completed operations hazard" when you have agreed in a written contract or written agreement that any right of recovery is waived for such person or organization. This waiver applies only to the CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 8 with its permission Page 445 of 853 person(s) or organization(s) agreed to in the written contract or written agreement and is subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executed prior to the "bodily injury" or "property damage". However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy, then this waiver does not apply. M. LIBERALIZATION CLAUSE The following is added to Section IV — Commercial General Liability Conditions: If we adopt a mandatory attachment form change which broadens coverage under this edition of the Commercial General Liability CG0001 for no additional charge, and those changes are intended to apply to all insureds under this edition of CG0001, that change will automatically apply to your insurance as of the date we implement the change in your state. This liberalization clause does not apply to changes implemented through introduction of a subsequent edition of the Commercial General Liability form CG0001. N. INCIDENTAL MEDICAL MALPRACTICE Paragraph 2.a.(1)(d) of Section II — Who Is An Insured does not apply to a physician, nurse practitioner, physician assistant, nurse, emergency medical technician or paramedic employed by you if you are not in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 2. This provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow Paragraph 4.b. of Section IV — Commercial General Liability Conditions. CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 8 of 8 with its permission Page 446 of 853 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 03 13 A (Ed. 5-151 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. This premium for this endorsement is shown in the Schedule. Schedule 0 Specific Waiver Narne of person or organization ® Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: ❑ Specific Waiver The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above persons(s) or organization(s) arising out of the operations described. X1 Blanket Waiver The premium charge for this endorsement shall be 2 the operations described. 4. Minimum Premium: $ 250 5. Advance Premium: percent of the total manual premium arising out of This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2025 Insured Tschiggfrie Excavating Co. Policy No. SVWCIA3414772025 Endorsement No. Premium: Insurance Company SILVER OAK CASUALTY, INCORPORATED - 31763 Countersigned by WC990313A (Ed. 5-15) Page 447 of 853 TriE CITY OF DUB E Masterpiece on the Mississippi Dubuque VVIIIIIIi Itiffivi 2007•:01?•zn» 2017*2019 CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT City of Dubuque PARKS & RECREATION Department 2200 BUNKER HILL RD (address), Dubuque IA 52001 Phone # 063-589-4317 THIS VENDOR SERVICE AGREEMENT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and (Vendor) at A-1 STORAGE SERVICE LLC (Vendor Name) 1001 COMMERCE COURT MANCHESTER, IOWA 52057 (Vendor Address - City and State) PROJECT TITLE: STORAGE CONTAINERS (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary tor: VARIOUS LOCATIONS FOR PARKS & RECREATION AREAS i The work described above shall be completed at the following location(s).. 16TH ST AND VETS MEMORIAL The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. Page 1 of 19 Page 448 of 853 2. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submi on. • Request for Proposal (or procurement documentation) • This Contract • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal: • Plans and Specifications, • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE —Please include one applicable Insurance Schedule: Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) c Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhi* D) Check Appropriate Box ❑ Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors I] Insurance Schedule G — Vendors ❑ Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense: of the Vendor. 5. The Vendor has read and understands the Contract Documents and Gas examined and understands the project description described in Section 1 of this Agreemerht and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 6. The Vendor shall fully complete the Project under this Contract on or before 6130127 (date) 7. Indemnification; Liability for City Damage A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages loss or expense is attributable to bodily injury, sickness. disease or death. or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractors subcontractor. or Page 2 of 19 Page 449 of 853 anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable. regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. B. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractors negligent performance of the Contract. 8. Prior to the commencement of any work on this Project and at all times during the performance of this Contract, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule as indicated above and attached hereto. 9. The Vendor agrees that no work under this Contract shall commence until the City has authorized said work in writing. Any work started by the Vendor prior the City authorization shall be considered unauthorized and done at the sole risk to the Vendor. 10. Vendor will comply with all federal. state, and local laws and regulations in the performance of this Contract. 11. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice delivered to the Vendor. 12. This Contract shall be governed by the laws of the State of Iowa and exFlusive jurisdiction and venue for any action arising out of or related to this Contract shall t the Iowa District Court for Dubuque County. THE CITY AGREES: The City agrees to pay the Vendor for the work actually performed under this Contract, up to the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT $ 1675.00 CITY OF DUBUQUE, IOWA VENDOR: By: 06/29/2026 N Uh, J4c* Date Company Name Signature Date Printed Name �-pI �(o� Titl Page 3 of 19 Page 450 of 853 l , Il �I �I I EXHIBIT A TERMS AND CONDITIONS The following Terms and Conditions apply to City of Dubuque Transactions: i 1. The Cityiof Dubuq'le is exempt from federal excise;tax and Iowa sales i ax. 2. The City lof Dubuque will not be responsible for payment for any goods delivered without a purchase order. ; + I ii I I 3. The vendor will send a separate invoice foIr each purchase order number. II invoices, packages, shipping notices, or the like affecting the order shall cont in the applicable purchase order nurpbelr. The vendor is to submit original invoice to the ddress shown in the SHIP TO section on the front of this order. j I 4, No freight or packing charges will be allowed by the City of Dubuque t mess specifically authorized. 5. It is understood W,the vendor that the cash discount period to the Cit t of Dubuque will m date frothe receipt of the invoice or from the date.of the receipt of the oods, whichever is later. I I 6. The risk of loss of and damage to the goods which are the subject of this order., regardless of the FAB. point,:is and will remain with the vendor until the goods a delivered to the destination set out.lin. the order and accepted by the City of Dubuque or the authorized City of Dubuque representative. ' 7. In the event of the vendors failure to deliver as and when specified, or o 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 agree that the City of Dubuque; may return part or all of any shipment so made and may char a the endor with any loss S expense sustained as a result of such failure to deliver or top rform 8. In the event any article, service, or process sold, delivered and/or perfo ed t ereunder is covered by any patent copyright, or application for, either, the vendor will inc!`eninify and save harmless the!City of Dubuque from any and all loss, cost, or exp nses Ion 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 ap' lication for either. 9. In the event any article, service, or process sold and delivered or so d an performed hereunder is defe8vel in any respect whatsoever; the vendor will in emni and save harinless'the City of Dubuque from all loss or the payment of all sums of one by reason of all accidents, injunes or damages to person or property that may h ppen or occur in connection with the' use or sale of such article, or process and are con ibuted to by said defective 'condition' � I 10. The vendor agreesj#not to release any advertising copy mentioning the ity of Dubuque or quoting the opinion;.of any City of Dubuque employee witho_ utthe priorwritten authorization from the City of Duouque. 11. The vendor,repres e Ints and warrants that no;federal or state statute or r ulat on, or local municipal ordinance has been or will be violated inithe manufacturing, ale nd delivery s � i I i Page 4 of 19 Page 451 of 853 � i k I , II ,i hereunder. If such violation has or does; occur, the vendor will in( harmless the City of Dubuque from all loss, penalties, or payment of all account of'such violllation. 12. The City' tof Dubuque may at any time insist upon strict compliance wit conditions notwithstanding any previous custom, ; practice, or course contrary. I 13. The terms and conditions of sale as stated in this order govern in the e\ any terms of the vendor's proposal, and are'not subject to change by rei or. verbal statements by the vendor or by any terms stated acknowledgement unless same be accepted in writing by the City of DI I ' 14. Current Safety Data Sheets (SDS), when applicable to the order, must vendor in accordance with all regulations. I i I t I I i I l I ' I E i I i Page 5 of 19 i I and save if money on , terms and sling to the j i conflict with any written e. Vendors i by the I I f i I I I I Page 452 of 853 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. EXHIBIT C .I �I INSURANCE SCHEDULE G ti Vendor shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for t Exhibit 1 prior to the contract commencement. Each certificate shall be prepared on 'the approved by the Iowa Insurance Division or an equivalent. Each certificate shall includ Description of Operations as, to why the certificate was issued. Vendor Service Agree ,I � + All policies of insurance required hereunder shall be with an insurer authorized to do b insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. s li I ; Each certificate sl all.be furnished to the Finance Department of the City of Dubuque. The service provider shall be;required to carry the minimum coverage/limits, or greater legal agreement, in Exhibit 11Fail6re to provide the required minimum coverage shall n such requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material bre All required endorsements shall tie attached to the certificate. The certificate is due be can be approved.: I ! Whenever a specific ISO form is referenced the current edition of the form must be us form is approved by the Director of Finance and Budget,; The service provider must id deviations and exclusions from the ISO form. If vendor's limits of liability aye higher than the required minimum limits then the vendo agreement's required Iimits.,t Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain work insurance for the coverages described in this insurance Schedule and shall obtai from all such subcontractors'and sub -subcontractors. Vendor agrees that it shall be lia subcontractor and sub -subcontractor to obtain and maintain such coverage. The City certifcates'from the Vendorl Vendor shall be responsible1or deductibles/self-insured'retention for payment of all po costs associated with the insurance policies required below. All certificates ofjinsurance'must include agents name, phone number, and email add , The City of Dubuque reserves thle right to require complete, certified copies of all requ including endorsements, required by this Schedule at any time. The City of Dubuque reserves the right to modify -these requirements, including limits, risk or other special circumsiances during the term of the agreement, subject to writte attached hereto. ,i i I 1, I ' I II Page 12 of 19 ' I e coverage required in most current ACORD form a statement under in Iowa and all i if req ired by law or other it be deemed a waiver of ch of I his agreement. ore.the contractlagreement unless an equivalent I ify o list in -writing all , limi s shall be this ! irin the -performance of certi icates of insurance e for the failure of a iy request,a copy of such y premiums, and other ss. :d in urance policies, iced+on changes in the r nutu;al agreement Page 453 of 853 A) B) I 1 E ' I INSURANCE SCHEDULE G (continued) I ' EXHISIT11 I COMMERCIAL GENERAL LIABILITY General Aggregate Limit ! $2,000,000 Products-Completed,Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence it 1 $1,000,000 Fire Damage Limit (any one occurrence) I $50,000 Medical Payments ) $5,000 1) Colverage shall be written on an occurrence, not claims made, form. T coverage shall be written in accord with ISO form CG 00 01 or businel Ali deviations*om the standard ISO corrimercial'general liability form owners form ;BP 00 02, shall be clearly identified.' 2) Include iISO endorsement form CG 25 04'Designated Location(s) Gel 3) Include endorsement indicating that coverage is primary and non -cons 4) Include Preservation of Govemmental Immunities Endorsement (Sam 5) + Include additional.insured endorsement for: The City',of Dubuque, including all its elected and appointed officiE er voluntes, all its boards, commissions and/or authorities and thei employees and volunteers. Use ISO 1form CG 2010 (Ongoing ope 6) Policy shall include Waiver of Right to Recover from Others endorsers 7) Policy shall include cancellation and material change endorsement pn advance written notice of cancellation, non -renewal, reduction in insur and ten (10) days' written notice of non-payment of premium shall be Finance Department, 50 West 13th Street Dubuque, Iowa 52001. WORKERS' COMPENSATION & EMPLOYERS LIABILITY FI � Statutory Benefits covering all employees injured) on the job by accident or dis Code Chapter 85. Coverage A StatutoryL-State of Iowa Coverage B Employers Liability i I iiEach Accident $100,000 Each Employee -Disease $100,000 I I Policy Limit -Disease $,500,000 I I Policy shall include Waiver of Right to Recover from Others endorsement. Coverage JB limits shall be greater if required by the umbrella/excess insurer: OR. If, by Iowa'Code Section 85.1A, the Vendor is not required to purchase Worke lnsuranceithe Vendor shall have a copy of the Sta_te's Idonelection of Worker: Eniployerg' Liability Coverage form on file:with the Iowa Workers' Compensati Commissioner, as required by Iowa Code Section 87.22., Completed form mu i 1 " Page 13 of 19 i 00 ral liability rs form BP 00 02. 11, or Business i gregate Limit! ill its employees and! andmembers, msi or its equivalent; 1 ng Thirty (30) days coverage and/or lire to: City of Dubuque ase as prescribed by ;' Compensation Compensation or be Page454 of 853 INSURANCE SCHEDULE G (continued) C) POLLUTION LIABILITY Coverage required, —Yes —No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage shall also be covered. Each Occurrence $2.000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for. The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) or its equivalent and CIS 20 37(competed operations). 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. D) PROFESSIONAL LIABILITY $1,000,000 Coverage required. _ Yes _ No If the required policy provides claims -made coverage 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. E) CYBER LIABILITY/BREACH $1.000,000 Coverage required _ Yes _ No Coverage for First and Third Party breach liability including but not limited to lost data and restoration, loss of income and cyber breach of information. F) UMBRELLA/EXCESS S1,000,000 Coverage required _ Yes _ No The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. Page 14 of 19 Page 455 of 853 'i Iowa Code Chapter 670, Liability of:Governmental Subdivisions, provides cities with certain i available to you. Naming'the City of Dubuque as an additional insured on your insurance as Insurance Schedule may';result in your waiver of those immunities. If you would like to prese use this endorsement or an equivalent form. The preservation of immunities is for your bene it PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDO 1. Nonwaiver of Gbvemmental 1mmunity. The insurer expressly adrees and states that and the including of the City of Dubuque; Iowa as an Additional Insured'does not waive any c governmental immunity available to the City of Dubuque,1owa tinder Code of Iowa Section 6 may be amended from time to time.!' i 1 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover to the defense of governmental immonity under the Code of Iowa Section 676.4 as it now exi amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be conditions of this insurance policy. I, I 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible 1 governmental immunity, and may do so at any time and shall do; so upon the -timely written re 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and tl of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons unless and until a court of competenijurisdiction has ruled in favor of the defense(s) of gover by the City of Dubuque, Iowa. III ' I No Other Change in Policy. The above preservation of governmental immunities shall not oth coverage available under the policy., a` S �IP jCIME. {DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK B( I !! I I Page 15 of 19 s which may be ed by this immunities, pleas i NT ' hase of this policy Tenses of t now exists and as it I I se claims not subject as it may be by the terms and II ling any defense of the insurer. !r shall not deny any. Zmental immunity immunity asserted hange or after the f Page 456 of 853 EXHIBIT D INSURANCE SCHEDULE J shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Project # or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to th$ Finance Department of the City of Dubuque- 4 Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub-subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. 8 Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement. in Exhibit I. If the contractor's limits of liability are higher than the requiredi 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 addrIss. 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 thes�requirements, including limits, based on changes in the risk or other special circumstances during the term of tl�e agreement, subject to written mutual agreement attached hereto. Page 16 of 19 Page 457 of 853 ACC)RO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMJDDJYYYY) 6/26/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS I CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ff BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 1 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. I J 111 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. ' If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I PRODUCER Holmes Murphy & Associates 2727 Grand Prairie Parkway Waukee IA 50263 CONTACT NAME: Sandra Molina PHONE 319-896-7707 A X No : E-MAIL ADDRESS: beamscerts holmesmur h .com i INSURERS AFFORDING COVERAGE NAIC D INSURER A: Travelers Property Casualty Co. America 125674 INSURED A-1 Mobile Storage Service, LLC 1001 Commerce Court INSURER a: Arch Insurance Company 1 111150 I INSURERC: I INSURER D : I Manchester, IA 52057 INSURER E : I I INSURER F : I COVERAGES CERTIFICATE NUMBER:1541404060 REVISION NUMBER: � I I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY, PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL UBR POLICY NUMBER POLICY EFF MMlDDfYYYY POLICY EXP MMIDD LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y ZAGLB1049301 511/2026 511/2027 EACHOCCURRENCE $2,000,006 1 CLAIMS -MADE Fx] OCCUR PREMISES Ea occurrence $1,000,000 MED EXP (Anyone person) $10,000 PERSONAL& ADV INJURY $2,00D,000 GEN'LAGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE 1I $4,000,006 I POLICY PE° a LOG PRODUCTS -COMPIOPAGG $4,000,000 $ I OTHER: B AUTOMOBILE LIABILITY Y Y ZACAT9334801 5/112026 5/1/2027 EOMeBBIINdeDLSINGLELIMrr S2,OOQ000 1 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Par accident) $ PROPERTYDAMAGE Per accdent $ I HIRED NON -OWNED AUTOS ONLY AUTOS ONLY S � A X UMBRELLA LAB OCCUR Y Y CUP7T43349126NF 51112026 5/1l2027 EACHOCCURRENCE I $10,000,0DO AGGREGATE $ EXCESS LIARH CLAIMS-MADE DED I X I RE $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y r N ANYPROPRIETORlPARTNERIEXECUTIVE N OFFICERIMEMBEREXCLUE NIA Y ZAWC11055001 51112026 5/1/2027 X SPER TATUTE ERH E.L EACH ACCIDENT $1,OOD,ODO E.L DISEASE - EA EMPLOYEE 51,000.000 1 @Mandatory In NH) Nyes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT 51.000,000 I A Cargo Liability Y Y QT6301Y623987TIL25 511/2026 5/1/2027 Umit 1,000.000 f DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) Project: Storage Containers - Various Locations for Parks & Recreation Areas - 16th St and Vets Memorial The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, boards, commissions and/or authorities and their board members, employees, agents, and volunteers are Additional Insured on the General Liability, including Completed Operations, on a primary and non-contributory basis as required by written contract with the insuredper Policy terms and conditions. The general liability, auto liability, workers compensation and umbrella liability includes a Waiver of Subrogation in favor of Additional Insured as required by written contract with the insured, per policy terms and conditions. I 6t:K l It'll A l t HULUtK City of Dubuque Parks & Recreation Department 2200 Bunker Hill Rd Dubuque IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE; THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE t t� Cps ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Page 458 of 853 POLICY NUMBER: ZAGLB1049301 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO RECOVER IS PERMITTED BY LAW AND IS REQUIRED BY WRITTEN CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -- Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ Page 459 of 853 POLICY NUMBER: ZAGLB1049301 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izations : Locations Of Covered Operations ALL PARTIES WHERE REQUIRED BY A ALL LOCATIONS WHERE REQUIRED BY WRITTEN CONTRACT OR WRITTEN A WRITTEN CONTRACT OR WRITTEN AGREEMENT THAT REQUIRE THIS EDITION AGREEMENT THAT REQUIRE THIS DATE. EDITION DATE. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: ; This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a prinbi- pal as a part of the same project. �I CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 Page 460 of 853 POLICY NUMBER: 7AGLB1049301 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Opera - tions ALL PARTIES WHERE REQUIRED BY A ALL LOCATIONS WHERE REQUIRED BY A WRITTEN CONTRACT OR WRITTEN WRITTEN CONTRACT OR WRITTEN AGREEMENT AGREEMENT THAT REQUIRE THIS THAT REQUIRE THIS EDITION DATE. EDITION DATE. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ Page 461 of 853 THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: June 29, 2026 RE: Request to Sign Contract — Kane Street Curb and Sidewalk Improvements Dubuque All -America ClW 2007-2012.2013 2017*2019 Attached is the short Form Public Improvement Contract between the City of Dubuque and Ehrlich Excavating, Inc. of Dubuque, IA to improve City sidewalk walkability and curb improvements through a platted street currently with no sidewalk. 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. Page 462 of 853 Dubuque THE CITY OF DUB E AFl.atw pry 1I11I.' Masterpiece on the Mississippi 2007.2012.2013 2017*2019 City of Dubuque Engineering Department (address) Dubuque, IA 52001 Phone # 563-589-4270 CITY OF DUBUQUE, IOWA SHORT FORM PUBLIC IMPROVEMENT CONTRACT PROJECTS ESTIMATED AT LESS THAN $100,000.00 Check Appropriate Box 0 Estimate under $25,000.00 ❑ Estimate between $25,000.00 and $99,999.99 THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and Ehrlich Excavating Inc. (Contractor) at (Contractor Name) 10605 Route 3. Dubuque, IA 52001 (Contractor's Address - City and State) PROJECT TITLE: Kane St Curb and Sidewalk Improvements (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: Sidewalk install and associated curb repairs to improve walk ability through a platted access along Kane St where we currently have no sidewalk and sidewalk in need of repairs around storm sewer intakes. The work described above shall be completed at the following location(s): Kane St. between 840 and 860. The Project shall be constructed to the meet the requirements as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following where applicable: Page 463 of 853 Documents listed in bold should be attached to this document upon submission. • Request for Bid or procurement documentation; • This Contract; • All ordinances and resolutions heretofore adopted by the City Council having to do with the Project; • The Contractor's Bid or procurement documentation; • Consent Decree Certification Form, if applicable (Exhibit A); • Bond Form, if applicable (Exhibit B); • Plans and Specifications; • SUDAS Standard Specifications (Current Edition) including but not limited to Division 1: General Provisions and Covenants and the City of Dubuque Supplemental Specifications — Division 1 (Current Edition); • General Requirements as adopted by the City Council for the Project; • Insurance Schedule F (Exhibit C); and • Other Is the project over $25,000.00? ❑ Yes El No If yes, Bond Form is required, see Exhibit B. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. 5. Three (3%) of the Contract price may be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Manager to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Contract and the project description described in Section 1 and the Contract Documents outlined in Section 2 and agrees not to plead misunderstanding or deception. 7. The Contractor shall guarantee for a period of two years and make good any other defect in any part of the Project due to improper construction or material performance notwithstanding the fact that said Project may have been accepted and fully paid for by the City. The guarantee shall commence on the date that the City pays full compensation for the complete performance of this contract. Page 464 of 853 8. The Contractor shall fully complete the Project under this Contract on or before Auugust 3, 2026 (DATE) 9. Indemnification from Third Party Claims; Liability for City Damage. A. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its officers and employees, from and against all claims, damages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Contract, including but not limited to attorneys' fees, arising out of or resulting from performance of this Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. B. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 10. Prior to the commencement of any work on the Project and at all times during the performance of this Contract, the Contractor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule F attached to this Contract as Exhibit C. 11. Permits and Licenses. Contractor further represents and warrants that Contractor will obtain all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Contract, including any permits and licenses that might be required by the state or locality in which Contractor performs the Services, and Contractor agrees to maintain, at Contractor's sole expense, such required permits and licenses for the duration of the term(s) of this Contract. 12. Legal Compliance. Contractor is responsible for compliance with all applicable laws, statutes, rules, regulations, and ordinances which may apply to the performance of Contractor's obligations under this Contract, including but not limited to the laws outlined in Exhibit , and hereby represents and warrants that Contractor is in compliance with the same as of the Closing/Effective Date and further represents that during the Term Contractor will remain in compliance. Contractor shall require all contractors and subcontractors providing services under this Contract shall also certify compliance with this Section. When Applicable: Contractor further represents and warrants that Contractor has obtained all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Contract, including any permits and licenses that might be required by the state or locality in which Contractor performs the Services, and Contractor agrees to maintain, at Contractor's sole expense, such required permits and licenses for the durations of the term(s) of this Contract. 13. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice delivered to the Contractor. Page 465 of 853 14. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be the Iowa District Court for Dubuque County 15. The City is exempt from federal excise tax and Iowa sales tax. 16. In the event any article, service, or process sold, delivered and/or performed hereunder is covered by any patent, copyright, or application for either, the Contractor will indemnify and save harmless the City from any and all loss, cost, or expenses on account of any and all claims, suits, or judgments on account of the use or sale of such article or the use of such service or process in violation of any patent, copyright, or application. 17. The Contractor agrees not to release any advertising copy mentioning the City or quoting the opinion of any City employee without prior written authorization from the City of Dubuque. 18. Current Safety Data Sheets (SDS), when applicable to the order, will be provided by the Contractor in accordance with all regulations. 19. The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of the Contractor's proposal, and are not subject to change by reason of any written or verbal statements by the Contractor or by and terms stated in the Contractor's acknowledgment unless same be accepted in writing by the City. 20. The City of Dubuque, State of Iowa and Department of Justice have entered into a Consent Decree requiring the City to complete certain capital improvements pursuant to an established schedule and to comply with certain capital improvements pursuant to an established schedule and to comply with certain reporting and recordkeeping requirements. One of the terms of the Consent Order is for the City to advise contractors whose duties might reasonably include compliance with any provision of the Consent Decree with a copy of the Consent Decree. The City expects its contractors to comply with the Consent Decree and to assist the City in complying with the Consent Decree. As a requirement of this Contract, the Contractor shall execute and return to City Exhibit the Certification Form attached this this Contract as Exhibit A. ❑ THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE APPLICABLE. �✓ THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. Page 466 of 853 The City agrees to pay the Vendor for the work actually performed under this Contract, up to the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT: $ 10,200.00 CITY OF DUBUQUE, IOWA CONTRACTOR: By: ��� ,,� �N„06/29/2026^ Ehrlich Excavating Inc. Date Company Name By: 0 r Date R1Gk C—/W Printed Name V Title Page 467 of 853 -----'N EHRLCON-01 MSTRA ACORO CERTIFICATE OF LIABILITY INSURANCE FDATE (MM/DD/YYYY) 1 /12/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riahts to the certificate holder in lieu of such endorsement(s). PRODUCER TRICOR, LLC - Dubuque 600 Star Brewery Drive Suite 110 Dubuque, IA 52001 INSURED Ehrlich Concrete Const., Inc Ehrlich Excavating, Inc 10605 RT 3 Dubuque, IA 52001 COVERAGES CERTIFICATE NUMBER: Madison Straka �Z,176, Et): (608) 467-5607 1709 jac, No): ADDRESS: mstraka@tricorinsurance.com INSURER(S) AFFORDING COVERAGE INSURER A: Integrity INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR CPP2774008 X X 1/16/2026 1/16/2027 DAMAGE TO RENTED PREMISES Ea occurrence 300,000 $ MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000'OOO GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � PE0 F—xl LOC PRODUCTS - COMP/OP AGG $ 2,000,000 EMPLOYEE BENEFI $ 3,000,000 OTHER: I A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ X BODILY INJURY Perperson) $ ANY AUTO X CA2774009 1/16/2026 1/16/2027 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS P OPER-ent AMAGE $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 EXCESS LIAB CLAIMS -MADE X CUP2774011 1/16/2026 1/16/2027 DED I X I RETENTION $ 0 $ A WORKERS COMPENSATION EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/❑ FMand tory in NH) EXCLUDED? N / A X WCP2774010 1/16I2026 1/16/2027 OT X PER H- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE 1,000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage applies only to the extent provided by the policy and subject to all of the policy terms, conditions, exclusions, endorsements and all applicable laws. Project: City of Dbq Sidewalk, General Concrete and Misc. right-of-way work. also included: snow removal City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers, is additional insured on a primary, non-contributory basis including ongoing and completed operations in regard SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Dubuque Y q THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 50 W. 13th St. Dubuque, IA 52001 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 468 of 853 AGENCY CUSTOMER ID: EHRLCON-01 MSTRAKA LOC #: 1 ACORD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED RICOR LLC - Dubuque q Ehrlich Concrete Const., Inc Ehrlich Excavating, Inc 10605 RT 3 Dubuque, IA 52001 POLICY NUMBER EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: to the general liability, as required by written contract. A Waiver of Subrogation applies in favor of the City of Dubuque in regard to the general liability, auto liability, umbrella liability, and workers compensation policies, as required by written contract. Waiver of Govt. Immunities also applies. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 469 of 853 POLICY NUMBER: GENERAL LIABILITY CG 95 06 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY OPTIMUM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is a summary of the coverage modifications, extensions and additions provided in this endorsement. The limits shown below, unless stated otherwise, apply at each designated location. If a limit is shown elsewhere in the policy for any of these coverages, then that limit applies in addition to the limits shown below. If a different deductible amount is shown in the policy for any of these coverages, then that deductible will be the applicable deductible. For complete details of the coverages provided, refer to the specific policy language. Coverage Description Limit Of Insurance 1. Expected Or Intended Injury INCL 2. Coverage For Injury To Leased Workers INCL 3. Non -Owned Watercraft Redefined To 51 Feet INCL 4. Property Damage to Borrowed Equipment $25,000 5. Damage To Premises Rented To You — Increased Perils INCL 5. Damage To Premises Rented To You — Increased Coverage $300,000 6. Supplementary Payments Increased Limits — Bonds $2,500 7. Supplementary Payments Increased Limits — Earnings $500 Per Day 8. Broad Form Named Insured INCL 9. Additional Insured — Lessor Of Leased Equipment INCL 10. Additional Insured — Managers Or Lessor of Premises INCL 11. Additional Insured — Required by Contract INCL 12. Additional Insured — State Or Governmental Agency INCL Or Subdivision Or Political Subdivision — Permits or Authorization 13. Incidental Medical Malpractice INCL 14. Newly Formed Or Acquired Organizations — 180 Days To Report INCL 15. Medical Payments $10,000 16. Duties In The Event Of Occurrence, Offense, Claim Or Suit — Redefined INCL 17. Blanket Primary And Noncontributory INCL 18. Waiver Of Transfer Of Rights Of Recovery Against Others To Us INCL 19. Mobile Equipment Redefined to 1,000 Pounds INCL 20. Unintentional Failure To Disclose Hazards INCL 21. Lost Key Coverage $5,000 Each Occurrence 22. Limited, Care, Custody Or Control Coverage $25,000 Each Occurrence/ $50,000 Aggregate CG 95 06 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 13 Page 470 of 853 Coverage Description 23. Voluntary Property Damage 24. Aggregate Limit Per Location 25. Aggregate Limit Per Project 26. Electronic Data Liability 27. Liberalization Clause Limit Of Insurance $5,000 Each O currence $25,000 Aggregate INCL INCL $10,000 INCL A. The following changes apply to Section I - Coverages, Coverage A — Bodily Injury And Property Damage Liability unless otherwise noted: 1. Expected Or Intended Injury Exclusion 2.a. under Paragraph 2. Exclusions is replaced with the following: "Bodily Injury" or "Property Damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Coverage For Injury To Leased Workers With respect to Exclusion 2.e. under Paragraph 2. Exclusions, the definition of "employee" in Section V — Definitions is replaced by the following" 5. "Employee" does not included a "leased worker' or "temporary worker". 3. Non -owned Watercraft Exclusion g. (2) is replaced with the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge. 4. Property Damage To Borrowed Equipment a. Exclusion j. (4) under Paragraph 2. Exclusions does not apply to "property damage" to borrowed equipment while that equipment is: (1) Not being used to perform operations; and (2) Away from an insureds premises. b. Subject to Paragraph 5. in Section III — Limits Of Insurance, the most we will pay for damages because of "property damage" to equipment you borrow from others is $25,000 per "occurrence". c. The insurance afforded by provision 4. Property Damage To Borrowed Equipment is excess over any valid and collectible property insurance available to the insured following is added to Section V — Definitions: "Customer goods" means property of your customer on your premises for the purpose of being: (1) Worked on; or (2) Used in your manufacturing process. Page 2 of 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission CG 95 06 20 Page 471 of 853 d. The most we will pay for "property damage" to "customer goods" under this provision is $25,000 regardless of the number of: (1) Insureds; (2) Claims made or suits brought; or (3) Persons or organizations making claims or bringing "suits". $25,000 is the most we will pay for all claims or "suits" for "property damage" to "customers goods" under this provision during each consecutive annual period starting with the beginning of the policy period. 8. Damage To Premises Rented To You — Increased Perils, Increased Coverage Exclusion j., first paragraph following Paragraph (6) is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems) to premises including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as Described in Section III — Limits of Insurance. The last paragraph of Paragraph 2. Exclusions is replace by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits of Insurance. Section III — Limits of Insurance, Paragraph 6. is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems, while rented to you or temporarily occupied by you with the permission of the owner. The limit is the greater of: a. $300,000; or b. The amount shown in the Declarations for Damage To Premises Rented To You Limit. The word `fire' is changed to `fire, lightning, explosion, smoke, or leakage from automatic fire protection systems' wherever it appears in: 1. Condition 4. b. (1) (a) (ii) of Section IV — Commercial General Liability Conditions; and 2. 9.a. of Section V -Definitions. 9. Supplementary Payments Increased Limits Under Section Supplementary Payments — Coverage A and B : Paragraph 1. b. is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. CG 95 06 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 13 Page 472 of 853 Paragraph 1. d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off work. 10. Broad Form Named Insured Section II — Who is an insured is amended to include as a Named Insured any organization or subsidiary thereof which is a legally incorporated entity of which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement. This provision 6. does not apply "bodily injury", "property damage" or "personal and advertising injury" with respect to which a Named Insured under this policy is also a Named Insured under another policy or would be a Named Insured under such policy but for its termination or upon exhaustion of its limits of insurance. 11. Additional Insured —Lessor of Leased Equipment —Automatic Status When Required in Lease Agreement With You a. Section II — Who is an Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). A person's or organization's status as an additional insured under this provision 8. ends when their contract or agreement with you for such leased equipment ends. This provision 8. does not apply to any person or organization included as an additional insured by an endorsement issued by us and made a part of the Coverage Form. b. With respect to the insured afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 12. Additional Insured — Managers or Lessors Of Premises When Required in Written Lease Agreement With You Section II — Who is an Insured is amended to include as an additional insured when required in a written lease agreement, any person(s) or organization(s) from whom you have leased premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of the manager or the lessor. CG 95 06 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 13 Page 473 of 853 With respect to the insurance afforded to these additional insureds in provision 11., 12. or 13., the following is added: a. The insurance afforded to such additional insured: (1) Only applies to the extend permitted by law; and (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. (3) Does not apply unless the written lease agreement has been executed prior to the "bodily injury", "property damage" or "personal and advertising injury". b. The following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the written contract or agreement; or (2) Available under the applicable Limits Of Insurance shown in the Declarations, whichever is less. Provisions 12., 13., and 14. shall not increase the applicable Limits Of Insurance shown in the Declarations and do not apply to any person or organization included as an additional insured by an endorsement issued by us and made a part of the Coverage Form. 13. Additional Insured — Required by Contract a. Section II — Who is an Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by: (1)Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply: (1)To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, of the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 95 06 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 13 Page 474 of 853 (2) To "bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" our of which the injury or damage arise has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. 14. Additional Insured — State Or Political Subdivisions Automatic Status When Required For Permits a. Section II — Who is an insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision. This insurance applies only with respect to operations performed by you or on the behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: (1)The insurance afforded the additional insured does not apply to: (a) "Bodily Injury", "property damage" or "personal and advertising injury" arising our of operations performed for the federal government, state or municipality; or (b) "Bodily Injury" or "property damage" included within the "products -completed operations hazard". The Additional Insureds added by this endorsement shall not increase the applicable Limits of Insurance shown in the Declarations and do not apply to any person or organization included as an additional insured by an endorsement issued by us and made a part of the Coverage Form. 15. Incidental Medical Malpractice Paragraph 2. a. (1) (d) of Section II — Who Is An Insured, does not apply to your "employees" who provide professional health care services on your behalf as duly licensed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. This coverage does not apply if you are in the business or occupation of providing any such professional services. 16. Newly Formed Or Acquired Organizations As Named Insureds Paragraph 3. of Section II — Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain an ownership interest of more than 50 percent of such organization, will qualify as a Named Insured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization; and CG 95 06 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 6 of 13 Page 475 of 853 d. Coverage A does not apply to damage to "your products" that occurred before you acquired or formed the organization. An additional premium will apply in accordance with our rules and rates in effect on the date you acquired or formed the organization. The last paragraph of Section II — Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. 17. Medical Payments Increased Limits The Medical Expense Limit shown in the Declarations is increased to $10,000. 18. Duties In The Event Of Occurrence, Offense, Claim Or Suit — Redefined The requirement in Condition 2. a. of Section IV — Commercial General Liability Conditions that you must see to it that we are notified of an "occurrence" only applies when the "occurrence" or offense is known to: a. You, if you are an individual; b. A partner, if you are a partnership; c. An officer of the corporation if you are a corporation; d. Your members and managers, if you are a limited liability company; e. Your insurance manager; or f. The trustee, if you are a trust. The requirement in Condition 2.b. of Section IV — Commercial General Liability Conditions that you must see to it that we receive written notice of a claim or "suit" as soon as practicable will not be considered breached unless the breach occurs after such claim or "suit" is known to: a. You, if you are an individual; b. A partner, if you are a partnership; c. An officer of the corporation, ifyou are a corporation; d. Your members and managers, if you are a limited liability company; e. Your insurance manager; or f. The trustee, if you are a trust. 19. Blanket Primary And Noncontributory — Other Insurance Condition Paragraph a. Primary Insurance of Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions, is amended by the following additional paragraph: However, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured added to this policy by provisions 7., 8., and 9. subject to the following conditions: a. The additional insured is a Named Insured under such other insurance; and b. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 95 06 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 7 of 13 Page 476 of 853 20. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required Within A Written Agreement With You — Blanket Section IV — Commercial General Liability Conditions, Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of: a. Your ongoing operations or "your work" done under a written contract with that person or organization and included in the "products -completed operations hazard"; or b. The ownership, maintenance or use of that part of the premises leased to you. The waiver applies only to a person or organization with whom you have a written contract or agreement in which you are required to waive the rights of recovery under this policy, but only to the extend that subrogation is waived prior to any injury or damage under a contract with that person or organization. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. 21. Mobile Equipment Redefined Paragraph 12. f. (1)., of Section V — Definitions does not apply to self-propelled vehicles of less than 1000 pounds gross vehicle weight. 22. Unintentional Failure To Disclose Hazards Any unintentional error or omission in the description of, or failure to completed describe, any premises or operations intended to be covered by this Coverage Form will not invalidate or affect coverage for those premises or operations. However, you must report such error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium as a result of an unintentional error or omission. In addition, this provision does not affect our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 23. Lost Key Coverage a. Coverage for "bodily injury" and "property damage" liability with respect to the insured's operations is extended as follows: (1) We will pay those sums that you become legally obligated to pay as damages due to loss of keys by an insured in the course of your business. The keys must be loaned to the insured or in the care, custody or control of the insured. (2) The additional insurance provided by this endorsement does not apply to: (a) Misappropriation (b) Secretion (c) Conversion (d) Infidelity; or (e) Any dishonest act on the part of the insured. b. The most we will pay for loss or damage resulting from any one "occurrence" under this provision 18. is $5,000. CG 95 06 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 8 of 13 Page 477 of 853 c. A deductible of $100 applies to any one loss or damage resulting from any one `occurrence" regardless of the number of persons or organizations who sustain damages because of that `occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount that has been paid by us. d. This coverage extension is subject to the following: (1) Exclusion j. Damage To Property, Paragraph j. (3) and j. (4) of Section I — Coverage A — Bodily Injury And Property Damage Liability do not apply to the loss of keys by an insured. (2) Paragraph 2. a. (2) of Section II — Who Is An Insured does not apply to this additional insurance. 24. Limited Care, Custody Or Control Liability Coverage a. Insuring Agreement With respect to the coverage provided by 24. Limited Care, Custody or Control Liability Coverage, the following is added to Paragraph 1. a. of Section I — Coverage A — Bodily Injury And Property Damage Liability: We will pay all sums that the insured becomes legally obligated to pay as damages because of "loss" to property of others while in the care, custody or control of the insured. b. Exclusions With respect to the coverage provided by this coverage extension: (1) Exclusion 2. j. (4) and 2. j. (5) of Section I — Coverage A Bodily Injury And Property Damage Liability do not apply; and (2) The following additional exclusions are added to Section I — Coverage A — Bodily Injury And Property Damage Liability: This insurance does not apply to "loss" to property: (a) Held by the insured for sale of entrusted to the insured for storage or safekeeping; (b) Owned or occupied by, rented or leased to, or loaned to any insured; (c) Included in the "products -completed operations hazard"; and (d) Arising from errors or mistakes in design, plans or specifications committed by or on behalf of the insured. c. Limit of Insurance With respect to the coverage provided by 19. Limited Care, Custody or Control Liability Coverage, the following is added to Section III — Limit of Insurance: (1) The most we will pay for "loss" including all resulting loss of use of that property, as a result of any one "occurrence" under this coverage is $25,000. However, the most we will pay for the sum of all "loss", including all resulting loss of use of property, as a result of all "occurrences" under this coverage is $50,000. These limits are part of, and not in addition to, the Each Occurrence and General Aggregate limits. (2) We will not pay for a "loss" in any one `occurrence" until the amount of "loss" exceeds the deductible shown under d. Deductible. We will then pay the amount of "loss" or damage in excess of the deductible, up to the applicable limit of insurance. CG 95 06 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 9 of 13 Page 478 of 853 d. Deductible (1) We are not obligated to pay any "loss" until such "loss" exceeds $250. We will then pay the amount of "loss" in excess of the deductible, up to the applicable limit of insurance. This deductible amount applies to all "loss" to real or personal property belonging to others as the result of any one "occurrence". (2) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. (3) The terms of this insurance, including those with respect to: (a) Our right and duty to defend any "suits" seeking those damages; and (b) Your duties in the event of an "occurrence", claim or "suit' apply irrespective of the application of the deductible amount. e. Excess Insurance This insurance is excess over any other collectible insurance available to the insured. f. Additional Definition The following is added to Section V — Definitions: "Loss" means any unintentional damage or destruction but does not include disappearance, abstraction or theft. 25. Voluntary Property Damage Coverage a. Insuring Agreement With respect to the coverage provided by 20. Voluntary Property Damage Coverage, the following is added to Paragraph 1. a. of Section I — Coverage A — Bodily Injury And Property Damage Liability: At your request, we will pay for a "loss" to property of others caused by you and while in your possession, arising out of your business operations and occurring during the policy period even if you are not legally liable, if such property is otherwise subject to this coverage. b. Exclusions With respect to the Voluntary Property Damage Coverage: (1) Exclusions 2. j.(4) and 2. j. (5) of Section I — Coverage A — Bodily Injury And Property Damage Liability do not apply. (2) The following additional exclusions are added to Section I — Coverage A — Bodily Injury And Property Damage: This insurance does not apply to "loss" to property: (a) Held by the insured for sale or entrusted to the insured for storage or safekeeping; (b) Owned or occupied by, rented or leased to, or loaned to any insured; (c) Included in the "products -completed operations hazard", or (d) Arising from errors or mistakes in design, plans or specifications committed by or on behalf of the insured. CG 95 06 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 10 of 13 Page 479 of 853 c. Limit of Insurance With respect to Voluntary Property Damage Coverage, the following is added to Section III — Limit of Insurance: (1) The most we will pay for the "loss", including all resulting loss of use of that property, as a result of any one "occurrence" under this coverage is $5,000. However, the most we will pay for the sum of all "loss", including all resulting loss of use of property, as a result of all "occurrences' under this coverage is $25,000. These limits are part of, and not in addition to, the Each Occurrence and General Aggregate limits. (2) We will not pay for "loss" in any one "occurrence" until the amount of the "loss" exceeds the deductible shown under d. Deductible. We will then pay the amount of "loss" in excess of the deductible, up to the applicable limit of insurance. d. Deductible (1) With respect to Voluntary Property Damage Coverage, we are not obligated to pay any "loss" until such "loss" exceeds $250. We will then pay the amount of "loss" in excess of the deductible, up to the applicable limit of insurance. This deductible amount applies to all "loss" to real or personal property belonging to others as the result of any one "occurrence". (2) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken; you shall promptly reimburse us for such part of the deductible amount as has been paid by us. e. Excess insurance This insurance is excess over any other collectible insurance available to the insured. f. Additional Definition The following is added to Section V — Definitions: "Loss" means any unintentional "property damage" but does not include disappearance, abstraction or theft. We will not pay for any "loss" under 19. Limited, Care, Custody or Control Liability Coverage unless you are legally liable. If we provide coverage for the same "loss" under 19. Limited Care Custody or Control Liability and 20. Voluntary Property Damage Coverage, the most we will pay for the "loss" under the two coverages combined is $30,000. 26. Aggregate Limit Per Location For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A — Bodily Injury And Property Damage Liability, and for all medical expenses caused by accidents under Section I — Coverage C — Medical Payments, which can be attributed only to operations at a single designated "location" shown in the Declarations. a. A separate Location General Aggregate Limit applies to each "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A insurance except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" and for medical expenses under Coverage C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". CG 95 06 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 11 of 13 Page 480 of 853 c. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Location General Aggregate Limit for that "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Location General Aggregate Limit for any other "location" shown in the Declarations. d. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Location General Aggregate Limit. e. Section V— Definitions is amended to included: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 27. Electronic Data Liability a. Exclusion 2. p. of Coverage A — Bodily Injury And Property Damage Liability in Section I — Coverages is replaced by the following: 2. Exclusions This insurance does not apply to: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of "bodily injury". b. The following paragraph is added to Section III — Limits of Insurance: 8. subject to 5. above, the Loss of Electronic Data Limit of $10,000 is the most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence". C. The following definition is added to the Section V — Definitions: "Electronic Data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. d. For the purpose of the coverage provided by this provision 22., the definition of "property damage" in Section V — Definitions is replaced by the following: 17. "Property damage" means: a. "Physical injury" to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physical injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that cause it; or C. Loss of, loss of use, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. CG 95 06 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 12 of 13 Page 481 of 853 28. Liberalization Clause If we revise this Restaurant General Liability Optimum to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. CG 95 06 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 13 of 13 Page 482 of 853 COMMERCIAL GENERAL LIABILITY CG20391219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT WITH YOU (COMPLETED OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for that additional insured and included in the "products -completed operations hazard". However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 39 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Page 483 of 853 Integrity Select Insurance Company 671 South High Street Columbus OH 43206-1066 Endorsement CG 56 Policy Number: CPP 2774008 IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Jurisdiction CITY OF DUBUQUE ' Information required to complete this Schedule, if not shown above, will be shown in the Declarations. ' 1. Non -waiver of Government Immunity We expressly agree and state that the purchase of this policy and the including of the Jurisdiction specified in the Schedule above (hereafter referred to as "the Jurisdiction") as an Additional Insured on this policy, does not waive any of the defenses of governmental immunity available to the Jurisdiction under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage We further agree that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 3. Assertion of Governmental Immunity The Jurisdiction shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon our timely written request. Nothing contained in this endorsement shall prevent us from asserting the defense of governmental immunity on behalf of the Jurisdiction. 4. Non -denial of Coverage We shall not deny coverage otherwise available under this policy, nor deny any of the rights and benefits accruing to the Jurisdiction 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 Jurisdiction specified in the Schedule above. 5. No Other Change in Policy The above preservation of governmental immunities shall not otherwise change or alter the coverage available under this policy. Any claims that may occur and are not subject to Code of Iowa Section 670.4 shall be subject to the terms and conditions of this insurance policy. All other terms and conditions of this policy remain unchanged. IKK495 (06-2015) Page 484 of 853 Integrity Select Insurance Company 671 South High Street Columbus OH 43206-1066 Endorsement IL 03 1 Policy Number: CPP 2774008 Cancellation Privilege Notice This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective at 12:01 A.M. standard time Named Insured Countersigned by (Authorized Representative) SCHEDULE Name and Address of Person or Organization to Receive Notice of Cancellation: CITY OF DUBUQUE, 50 W 13th St, Dubuque, IA 52001-4805 A. If we cancel this policy, we will mail to the person or organization named in the Schedule of this endorsement, written notice of cancellation at least 30 days before the effective date of cancellation. B. If you cancel this policy, we will mail to the person or organization named in the Schedule of this endorsement, written notice of cancellation. IK704 (3-89) Page 485 of 853 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule CITY OF DUBUQUE This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. wCP 2774010 Endorsement No. Insured Premium Insurance Company Countersigned by WC000313 (Ed.4-84) © 1983 National Council on Compensation Insurance. Page 486 of 853 POLICY NUMBER: COMMERCIAL AUTO CA 74 01 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO OPTIMUM PLUS This endorsement modifies insurance provided under the following: COMMERCIAL AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage form apply unless modified by the endorsement. SECTION I -COVERED AUTOS 1. Physical Damage for Temporary Substitutes SECTION I -COVERED AUTOS, C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos is amended by adding the following paragraph: If Physical Damage Coverage is provided by the Business Auto Coverage Form, any "auto" you did not own while used with permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its breakdown, repair, servicing, "loss" or destruction is also a covered "auto" for Physical Damage Coverage. The coverage provided for the temporary "auto" will be the same coverage and deductible as the "auto" it replaces. SECTION II- COVERED AUTOS LIABILITY COVERAGE 2. Newly Formed Or Acquired Organizations SECTION II- COVERED AUTOS LIABILITY COVERAGE, A. Coverage., Paragraph 1. Who Is An Insured, is amended to include the following as an "insured": d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the period for which this endorsement is effective, if there is not similar insurance available to that organization. However: (1) The Named Insured does not include any organization: a. That is a partnership orjoint venture; or b. That is an insured under any other policy or has exhausted its Limit of Insurance under any other policy. Paragraph d. (1) a. above does not apply to a policy written to apply specifically in excess of this policy. (2) Coverage for newly acquired or formed organizations is afforded only for 180 days from the date of acquisition or formation or the end of the policy period, whichever is earlier. (3) Coverage does not apply to "bodily injury" or "property damage" that results from an "accident' that occurred before you formed or acquired that organization. CA 74 01 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 10 Page 487 of 853 3. Employees as Insureds SECTION II- COVERED AUTOS LIABILITY COVERAGE, A. Coverage, Paragraph 1. Who Is An Insured is amended to include the following as an "insured": e. Any employee of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. 4. Employee Hired Autos SECTION II- COVERED AUTOS LIABILITY COVERAGE, A. Coverage, Paragraph 1. Who Is An Insured is amended to include the following as an "insured": If. Any "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract of agreement in that "employee's name, with your permission, while performing duties related to the conduct of your business. 5. Blanket Additional Insured SECTION II- COVERED AUTOS LIABILITY COVERAGE, A. Coverage., Paragraph 1. Who Is An Insured, is amended to include the following as an "insured": g. Any person or organization whom you are required in a written contract or agreement to include as an additional "insured" with respect to your ownership, maintenance or use of a covered "auto". This provision only applies to written contracts or agreements that are signed prior to any "bodily injury" or "property damage" to which coverage applies. Coverage under this provision shall be primary and noncontributory with respect to the person or organization included as an "insured" under this provision g. but only if the written contract or agreement requires coverage to be primary and noncontributory. 6. Increased Supplementary Payments SECTION II- COVERED AUTOS LIABILITY COVERAGE, 2. Coverage Extensions, Paragraphs 2.a.(2) and (4) of Supplementary Payments are replaced by the following: (2) Up to $5000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to fumish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earning up to $500 a day because of time off from work. 7. Amended Fellow Employee Exclusion SECTION II- COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, Paragraph 5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. The insurance provided under this provision is excess over any other collectible insurance. SECTION III — PHYSICAL DAMAGE COVERAGE 8. Towing SECTION III - PHYISCAL DAMAGE COVERAGE, A. COVERAGE, Paragraph 2. Towing is being deleted and replaced with the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled. We will pay up to the amount for disablement stated below for the following types: a. Private passenger type vehicles - $75 per disablement b. "Light trucks"- $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. Page 2 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission CA 74 01 21 Page 488 of 853 C. "Medium trucks" - $175 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 — 20,000 pounds. However, the labor must be performed at the place of disablement. 9. Rental Reimbursement SECTION III - PHYISCAL DAMAGE COVERAGE, A. Coverage, adding the following paragraphs: a. We will pay up to $60 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of an "accident" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. b. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductible applies to this coverage. c. We will only pay for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration date, at a maximum of 30 days. d. Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred. (2) A maximum payment of $60 per day. e. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under SECTION III -PHYSICAL DAMAGE COVERAGE paragraph 4. Coverage Extensions. No deductible applies to this coverage. The insurance provided under this extension is excess over any other collectible insurance. If Rental Reimbursement Coverage is endorsed to a covered "auto", the coverage provided by this provision is in addition to the coverage you purchased. 10. Personal Effects Coverage SECTION III - PHYISCAL DAMAGE COVERAGE, A. Coverage, adding the following paragraph: Physical Damage Coverage afforded to a covered "auto" may be extended to cover "loss" to your "personal effects" or, if you are an individual, the "personal effects" of a family member, that is in a covered "auto" at the time of "loss". The most we will pay for any one "loss" is $600. The insurance provided under this extension if excess over any other collectible insurance. Additional definitions for this provision: "Personal Effects" means tangible property that is worn or carried by an "insured". "Personal Effects" does not include tools, equipment, jewelry, money or securities. This extension of coverage is in addition to physical damage coverage already provided by the unendorsed policy. 11. Fire Department Service SECTION III - PHYISCAL DAMAGE COVERAGE, A. Coverage, adding the following paragraphs: We will pay up to $1,000 for your liability for fire department charges resulting from a covered "loss", providing that your liability for such charges is: a. Assumed by a written contract or agreement prior to the "loss"; or b. Required by law or ordinance. No deductible applies to this coverage. CA 74 01 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 10 Page 489 of 853 12. Fire Extinguisher Recharge SECTION III - PHYISCAL DAMAGE COVERAGE, A. Coverage, adding the following paragraphs: We will pay the lesser of the actual cost of recharging or replacing fire extinguishers kept in your covered "auto" that are discharged intentionally attempting to extinguish a fire. No deductible applies to this coverage. 13. Fuel In Vehicle Coverage SECTION III - PHYISCAL DAMAGE COVERAGE, A. Coverage, adding the following paragraph: A. Coverage With respect to a covered "loss" for a covered "auto", we will also pay the actual "loss" sustained for the "loss" of fuel used to operate your "auto". You must provide documentation supporting your claim for "loss". B. Deductible 1. If `loss" to the fuel is the result of a "loss" under the SECTION III -PHYSICAL Comprehensive or Collision Coverage, then payment for "loss" will be reduced by the applicable deductible shown in the declarations for the covered "auto". In the event of `loss" due to fire or lightning, no deductible will apply. 2. If `loss" to the fuel is the result of a "loss" under the SECTION III -PHYSICAL DAMAGE COVERAGE, b. Specified Causes Of Loss Coverage, then payment for "loss" will be reduced by the applicable deductible of $100. 3. If "loss" occurs solely to fuel, then our obligation to pay will be reduced by the applicable deductible of $100 for this coverage. In the event more than one deductible applies to the "loss", only the highest deductible will apply. In no event will more than one deductible apply. 14. Miscellaneous Equipment SECTION III - PHYISCAL DAMAGE COVERAGE, A. COVERAGE, adding the following paragraph: A. Coverage We will pay the lesser of the actual cash value, cost to repair or replacement cost for "loss" to your miscellaneous equipment, consisting of hand trucks, dollies, pads, pallets, covers, binders, tarps, tie -downs, chains and other similar equipment used for handling property transported by your covered "auto". The most we will pay for any "loss" is $1500. The extension of coverage is in addition to physical damage coverage already provided by the unendorsed policy. B. Exclusions We will not pay for loss caused by: 1. Theft, unless there are visible signs or marks of forcible entry in the covered "auto" and the theft is reported to law enforcement authorities; or 2. Mysterious disappearance. C. Deductible If "loss" to the miscellaneous equipment is the result of a "loss" under the SECTION III - PHYSICAL DAMAGE COVERAGE, a. Comprehensive Coverage or c. Collision Coverage, then payment for "loss" will be reduced by the applicable deductible shown in the declarations for the covered "auto". In the event of "loss" due to fire or lightning, no deductible will apply. If "loss" to the miscellaneous equipment is the result of a "loss" under the SECTION III - PHYSICAL DAMAGE COVERAGE, b. Specified Causes Of Loss Coverage, then payment for "loss" will be reduced by the applicable deductible of $100. If "loss" occurs solely to the miscellaneous equipment, then for each covered "auto" payment for "loss" will be reduced ty the applicable deductible of $100 for this coverage. Page 4 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission CA 74 01 21 Page 490 of 853 In the event more than one deductible applies to the "loss", only the highest deductible will apply. In no event will more than one deductible apply. 15. Locked Vehicle Coverage COVERAGE SECTION III - PHYISCAL DAMAGE COVERAGE, A. COVERAGE adding the following paragraph: We will pay to have your covered "auto" unlocked if your vehicle's keys are locked inside your covered "auto". Collision, Specified Causes of Loss and Comprehensive deductibles do not apply to this coverage. 16. Audio, Visual And Data Electronic Equipment SECTION III - PHYISCAL DAMAGE COVERAGE, A. Coverage, adding the following: a. We will pay with respect to any covered "auto" covered under Paragraph A.1. of SECTION III - PHYISCAL DAMAGE COVERAGE for "loss" to any electronic equipment that receives or transmits audio, visual or data signals that is not designed solely for the reproduction of sound. This coverage only applies if the equipment is permanently installed in or upon the covered "auto" at the time of "loss" or the equipment is removable from a housing unit which is permanently installed in or upon the covered "auto" at the time of "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". b. We will pay for "loss" to any accessories used with electronic equipment described in Paragraph A.1. of this provision. However, this does not include tapes, records or discs. SECTION III -PHYSICAL DAMAGE COVERAGE, B. Exclusions are amended as follows: Exclusions 4. and 5. are deleted in its entirety and replaced with the following: 4. We will not pay for "loss" to any device designed or used to detect speed -measuring equipment, such as radar or laser detectors, and any jamming apparatus intended to elude or disrupt speed -measuring equipment. 5. We will not pay under this extension for any equipment or accessories used with such electronic equipment that is: a. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or b. Both: i. An integral part of the same unit housing any reproducing equipment designed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered "auto"; and ii. Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. SECTION III -PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is being replaced with the following: 1. The most we will pay for all "loss" to audio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss'; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss". 3. We may deduct for betterment if: a. The deductions reflect a measurable decrease in market value attributable to the poorer condition of, or prior damage to the vehicle. CA 74 01 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 10 Page 491 of 853 b. The deductions are for prior wear and tear, missing parts and rust damage that is reflective of the general overall condition of the vehicle considering its age. In this event, deductions may not exceed $500. SECTION III -PHYSICAL DAMAGE COVERAGE, D. DEDUCTIBLE, is replaced with the following: 1. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment the for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible of $100 for this coverage. 2. In the event that there is more than one applicable deductible, only the highest deductible will apply. In no event will more than one deductible apply. 17. Increased Transportation Expenses SECTION III -PHYSICAL DAMAGE COVERAGE, Paragraph A. 4. Coverage Extensions a. Transportation Expenses is increased to $50 per day, up to a maximum limit of $1,000. 18. Hired Auto Physical Damage Coverage (Other Than "Mobile Equipment") SECTION III -PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions, adding the following: If hired "autos" are covered "autos" for Liability Coverage, -and if Comprehensive, Specified Causes of Loss or Collision coverages are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, rent or borrow. This extension also applies to any covered "auto" hired or rented by your "employee" under a contract in that "employee's" name, with your permission, while performing duties related to the conduct of your business. a. The most we will pay for any one "loss" to any hired "auto" is the lesser of: (1) $75,000; (2) The actual cash value of the damaged or stolen property at the time of "accident" or "loss"; or (3) The cost of repairing or replacing the damage or stolen property with other property of like kind and quality. If a limit of insurance for Hired or Borrowed Auto Physical Damage Coverage is shown in Item 4 of the Declarations, then that limit will be in added to the $75,000 limit indicated in a. (1) above. b. For each hired "auto", our obligation to pay for "loss" will be reduced by the deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. However, if deductibles for Hire or Borrowed Auto Physical Damage Coverage are shown in Item 4 of the Declarations, only those deductibles will apply. C. The insurance provided under this coverage extension is over any other collectible insurance. d. Subject to the limit, deductible and excess provisions described in this extension, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. e. Subject to a maximum limit of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident" you are legally liable, and the lessor incurs an actual financial loss. f. This coverage extension does not apply to any "auto" that is hired, rented or borrowed with a driver that is not you or your employee(s). 19. Additional Living Expenses SECTION III -PHYSICAL DAMAGE COVERAGE, A. Coverage, 4 Coverage Extensions, adding the following extension: Page 6 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission CA 74 01 21 Page 492 of 853 We will pay up to $25 a day to a maximum of $400 for additional living expenses, meaning food, lodging, and telephone costs, incurred by you due to a covered "loss" caused by: a. Comprehensive only if the Declarations indicate that Comprehensive Coverage is provided for that "auto". b. Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for that "auto". C. Collision only if the Declarations indicate that Collision Coverage is provided for that "auto". This coverage applies only in the event the "loss": a. Disables a covered "auto"; and b. Occurs more than 100 miles from the insured address show in the Declarations or the garaging address of your covered "auto" if it is different from the insured address. We will pay the additional living expenses incurred until your covered "auto" is returned to use or we pay for its "loss". 20. Accidental Air Bag Deployment SECTION III -PHYSICAL DAMAGE COVERAGE, A. Coverage, 4 Coverage Extensions, adding the following: We will pay up to a maximum of $1,000 per occurrence to have air bags in your covered "auto" replaced for an incurred "loss" resulting from accidental deployment. Collision, Specified Causes of Loss, and Comprehensive deductibles applicable to the covered "auto" do not apply. Any loss covered under this provision is excess over any other collectible insurance or manufacturer's warranty. 21. Business Income And Extra Expense (Downtime) SECTION III -PHYSICAL DAMAGE COVERAGE, A. Coverage, 4 Coverage Extensions, adding the following extension: Business Income and Extra Expense (Downtime) A. Business Income Coverage We will pay up to $200 for each day of suspension, subject to income verification for a maximum of six weeks during the "period of restoration" for your "loss" of "business income". The "loss" must be caused by a cause of loss covered under Paragraph A. 1. of SECTION III -PHYSICAL DAMAGE COVERAGE. Any payment is subject to the exclusions applicable to Physical Damage Coverage and the Conditions below. B. Extra Expense Coverage We will pay the necessary and reasonable "extra expense" that you incur during the "period of restoration" that you would not have incurred had there been no "loss" to a covered "auto" used in your business. The "loss" must be caused by a cause of loss covered under Paragraph A. 1. of SECTION III -PHYSICAL DAMAGE COVERAGE. Any payment is subject to the exclusions applicable to Physical Damage Coverage and the Conditions below. C. Conditions The following conditions apply to A. Business Income Coverage and B. Extra Expense Coverage 1. No other deductible applies to these coverages 2. We will not pay under these coverages if you do not repair or replace the covered "auto" 3. You must resume all or part of your business as quickly as possible. 4. If you have other "autos" you can use to reduce the amount of "loss" payable under these coverages, you are required to use them. 5. We will not pay for "loss" or expenses caused by suspension, lapse or cancellation of any license, lease or contract. However, if the suspension, lapse or cancellation is directly caused by the CA 74 01 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 7 of 10 Page 493 of 853 suspension of your business, we will cover such "loss" that affects your "business income" "loss" or "extra expense" incurred. 6. We will pay for expenses you incur to reduce the amount that would otherwise have been payable under this coverage. We will not pay more than the amount by which you actually reduce the "business income" "loss" or "extra expense" incurred. 7. We will not pay under "extra expense" coverage any expenses you incur for the rental of an "auto" because of "loss" to a covered "auto". D. Additional Definitions for this Coverage Extension: 1. "Business Income" means the: (a) Net income (net profit or loss before income taxes) that would have been earned if no "loss" would have occurred; and (b) Continuing normal operating expenses incurred, including payroll. 2. "Extra Expense" means those expenses you incur to avoid or minimize the suspension of business and to continue your business operations. 3. "Period of Restoration means the period of time that: (a) Begins; 24 hours after the time of "loss" for "business income" coverage, provided the covered "auto" is our of service for repair and in the custody of a repair facility; or Immediately after the time of "loss" for "extra expense" coverage. (b) Ends: When the repairs to the covered "auto" have been completed by the repair facility and they determine the "auto" is road -worthy. The "period of restoration" will not be extended if additional repairs are required after the "auto" is determined to be road -worthy. "Period of restoration" does not include any increased period required due to the enforcement of any ordinance or law that requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants". The expiration date of this policy will not cut short the "period of restoration". 22. Auto Loan/Lease Gap SECTION III -PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is amended to add the following paragraph: In the event of a total "loss" to a covered "auto" shown in the Schedule or Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1. The amount paid under Physical Damage Coverage of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. In the event of a loss, the most we will pay with all payments combined is 125% of the Actual Cash Value. Page 8 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission CA 74 01 21 Page 494 of 853 23. 24 Amendment of Deductibles SECTION III-PHYISCAL DAMAGE COVERAGE, D. Deductible, is being deleted in its entirety and replaced with the following: The application of physical damage deductibles will apply as follows: For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. The above paragraph is subject to the following: a. If the covered cause of loss was theft and your covered "auto" was recovered utilizing a vehicle tracking device, the Comprehensive deductible shown in the Declarations for that covered "auto" will be reduced by 50%. b. When two covered "autos" are covered "autos" for collision coverage, involved in the same collision "loss", and attached at the time of the collision, only one deductible will be applied and that will be the highest deductible applicable to either covered "auto".' c. If your covered "auto" is 10,000 gross vehicle weight or less and Collision Coverage is shown in Item 3 of the Declarations for that covered "auto", then a collision deductible will not apply if that covered "auto" was damaged while it was 1) legally parked and 2) unoccupied by you or your employees at the time of loss. This provision does not apply if: 1. You are in the business of selling, servicing, parking or storing "autos"; or 2. Your covered "auto" was left in another's custody. This deductible provision does not apply if the collision deductible for the covered "auto" is not higher than the amount of damage to that covered "auto". A police report or witness, other than you or your employee(s), must verify the loss. d. No deductible applies to glass damage if the glass is repaired rather than replaced. Applicable to SECTION IV -CONDITIONS, A. Loss Conditions, amending the following paragraphs: Paragraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss, deleting Paragraph a. and replacing with the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss" or "suit", after it becomes known to: (1) You, if you are in individual; (2) A partner or member, if you are a partnership or joint venture; (3) An officer of the corporation, if you are a corporation; (4) Your members and managers, if you are a limited liability company; (5) Your insurance manager; or (6) The trustee, if you are a trust. Notice should include the following: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses Amending Paragraph 5. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following paragraphs: a. We waive any right of recovery we may have against any person or organization described in CA 74 01 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 9 of 10 Page 495 of 853 Paragraph b. below because of payments we make for "bodily injury" or "property damage" caused by an "accident" and resulting from the ownership, maintenance, or use of a covered "auto" in performance of work being performed under a contract with that person or organization. b. The waiver applies on to a person or organization with whom you have a written contract or agreement in which you are required to waive the rights of recovery under this policy, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization Applicable to SECTION IV -CONDITIONS, B. General Conditions, adding the following paragraph: 9. Unintentional Failure To Disclose Hazards If you unintentionally fail to disclose any hazards or exposures existing as of the inception date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard or exposure as soon as practicable after its discovery, and we have the right to collect additional premium for the same. Page 10 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission CA 74 01 21 Page 496 of 853 COMMERCIAL LIABILITY UMBRELLA CU 24 80 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following is added to Paragraph 9. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. CU 24 80 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Page 497 of 853 Endorsement CU 100 Additional Insureds Primary and Noncontributory This Endorsement Changes the Policy. Please Read it Carefully. This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Paragraph a. of 5.Other Insurance of Section IV - Conditions is deleted and replaced by: a. This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to either: (1) Other insurance that is specifically written as excess over this Coverage Part; or (2) Other insurance that is both: (a) Issued to a Named Insured that is an additional insured under this Coverage Part as described in paragraph 3. of Section II - Who Is An Insured; and Policy Number: (b) Intended to be excess of this insurance and noncontributory with this insurance as agreed under a written contract or agreement you have made with such person or organization in item (a) above. Such insurance as is described in items (1) and (2) above shall apply in excess of the Limits of Insurance of this Coverage Part and we will not seek contribution or indemnity from such insurance for damages to which this Coverage Part applies. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured again that "suit". If no other insurer defends, we will undertake to do so, but will be entitled to the insured's rights against all those other insurers. Includes copyrighted material of Insurance Services Office, Inc. with its permission. IN162 (01-2011) Page 498 of 853 �� Dubuque THE CITY Or l \ kp r u Auena pry D-u-B"`VE, II II.' 2007.2012.2013 Masterpiece on the Mississippi 2017*2019 City of Dubuque 46 Department 950 Elm Street (address) Dubuque, IA 52001 Phone # 563-690-6463 CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT THIS VENDOR SERVICE AGREEMENT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and (Vendor) at Johnson Controls Fire Protection LP (Vendor Name) 4703 15th Street A, Moline, IL 61265 (Vendor Address - City and State) PROJECT TITLE: Replacement of Fire Alarm Panel at the Port of Dubuque Ramp (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: to provide parts & labor to replace the existing Simplex 4010 fire alarm panel with a new 4007ES. The work described above shall be completed at the following location(s): Port of Dubuque Parking Ramp - 351 Bell Street, Dubuque, IA 52001 The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa Page 1 of 20 Page 499 of 853 and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE — Please include one applicable Insurance Schedule: o Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) o Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box ❑ Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors 0 Insurance Schedule G — Vendors ❑ Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 6. The Vendor shall fully complete the Project under this Contract on or before 6/30/2026 (date) Page 2 of 20 Page 500 of 853 7. Indemnification; Liability for City Damage A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. B. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 8. Prior to the commencement of any work on this Project and at all times during the performance of this Contract, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule as indicated above and attached hereto. 9. The Vendor agrees that no work under this Contract shall commence until the City has authorized said work in writing. Any work started by the Vendor prior the City authorization shall be considered unauthorized and done at the sole risk to the Vendor. 10. Vendor will comply with all federal, state, and local laws and regulations in the performance of this Contract. 11. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice delivered to the Vendor. 12. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be the Iowa District Court for Dubuque County. Page 3 of 20 Page 501 of 853 THE CITY AGREES: The City agrees to pay the Vendor for the work actually performed under this Contract, up to the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT $ 13,345.15 CITY OF DUB��UQUE, IOWA By: _� ( 06/29/2026 Michael C. Van Mi ligen Date City Manager VENDOR: Johnson Controls Company Name By: `k 2,Vbn, PYe�•d� Signature Kevin Hess Printed Name Fire Installation Manager Title 6/29/2026 Date Page 4 of 20 Page 502 of 853 EXHIBIT A 11114:7M6'V_1LII1Z9191LIQ111 M Z69 The following Terms and Conditions apply to City of Dubuque Transactions: 1. The City of Dubuque is exempt from federal excise tax and Iowa sales tax. 2. The City of Dubuque will not be responsible for payment for any goods delivered without a purchase order. 3. The vendor will send a separate invoice for each purchase order number. All invoices, packages, shipping notices, or the like affecting the order shall contain the applicable purchase order number. The vendor is to submit original invoice to the address shown in the SHIP TO section on the front of this order. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized. 5. It is understood by the vendor that the cash discount period to the City of Dubuque will date from the receipt of the invoice or from the date of the receipt of the goods, whichever is later. 6. The risk of loss of and damage to the goods which are the subject of this order, regardless of the F.O.B. point, is and will remain with the vendor until the goods are delivered to the destination set out in the order and accepted by the City of Dubuque or the authorized City of Dubuque representative. 7. In the event of the vendor's failure to deliver as and when specified, or to perform as and when specified, the City of Dubuque reserves the right to cancel this order, or any part thereof, without prejudice to its other rights, and the vendor agrees that the City of Dubuque may return part or all of any shipment so made and may charge the vendor with any loss expense sustained as a result of such failure to deliver or to perform. 8. In the event any article, service, or process sold, delivered and/or performed hereunder is covered by any patent, copyright, or application for either, the vendor will indemnify and save harmless the City of Dubuque from any and all loss, cost, or expenses on account of any and all claims, suits, or judgments on account of the use or sale of such article or the use of such service or process in violation of such patent, copyright or application for either. 9. In the event any article, service, or process sold and delivered or sold and performed hereunder is defective in any respect whatsoever, the vendor will indemnify and save harmless the City of Dubuque from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to person or property that may happen or occur in connection with the use or sale of such article, or process and are contributed to by said defective condition. Page 5 of 20 Page 503 of 853 10. The vendor agrees not to release any advertising copy mentioning the City of Dubuque or quoting the opinion of any City of Dubuque employee without the prior written authorization from the City of Dubuque. 11. The vendor represents and warrants that no federal or state statute or regulation, or local municipal ordinance has been or will be violated in the manufacturing, sale and delivery hereunder. If such violation has or does occur, the vendor will indemnify and save harmless the City of Dubuque from all loss, penalties, or payment of all sums of money on account of such violation. 12. The City of Dubuque may at any time insist upon strict compliance with these terms and conditions notwithstanding any previous custom, practice, or course of dealing to the contrary. 13. The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of the vendor's proposal, and are not subject to change by reason of any written or verbal statements by the vendor or by any terms stated in the vendor's acknowledgement unless same be accepted in writing by the City of Dubuque. 14. Current Safety Data Sheets (SDS), when applicable to the order, must be provided by the vendor in accordance with all regulations. Page 6 of 20 Page 504 of 853 EXHIBIT B Class A: Class B: Class C: INSURANCE SCHEDULE F Asbestos Removal Fiber Optics Sanitary Sewers Asphalt Paving Fire Protection Sheet Metal Concrete Fireproofing Site Utilities Construction Managers General Contractors Shoring Cranes HVAC Special construction Culverts Mechanical Steel Decking Paving & Surfacing Storm sewers Demolition Piles & Caissons Structural Steel Deconstruction Plumbing Trails Earthwork Retaining Walls Tunneling Electrical Reinforcement Water main Elevators Roofing Chemical Spraying Landscaping Rough Carpentry Doors, Window & Masonry Stump Grinding Glazing Vehicular Snow Removal Tank Coating Drywall Systems Painting & Wall Covering Tree Removal Fertilizer Application Pest Control Tree Trimming Geotech Boring Scaffolding Tuckpointing Insulation Sidewalks Waterproofing Finish Carpentry Plastering Well Drilling Carpet Cleaning Carpet & Resilient Flooring Caulking & Sealants Acoustical Ceiling Filter Cleaning General Cleaning Grass Cutting Janitorial Non Vehicular Snow & Ice Removal Office Furnishings Power Washing Tile & Terrazzo Flooring Window Washing Page 7 of 20 Page 505 of 853 INSURANCE SCHEDULE F (continued) Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project # Project name: or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate required shall be furnished to the Department of the City of Dubuque. 4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this contract. 5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Contractor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. Whenever an ISO form is referenced the current edition must be provided. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are higher than the required minimum limit, then the contractor's limits shall be this agreement's required limits. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the contract, subject to written mutual agreement attached hereto. Page 8 of 20 Page 506 of 853 INSURANCE SCHEDULE F (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01 or business owners form BP 00 02 shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project(s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees, agents, and volunteers. Use ISO form CG 20 10 (Ongoing operations). 6) The additional insured endorsement shall include completed operations under ISO form CG 20 37 during the project term and for a period of two years after the completion of the project. 7) Policy shall include Waiver of Right to Recover from Others endorsement. 8) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. 9) Contractor and subcontractor shall not use any drone without the prior written approval of the City of Dubuque. Any drone usage must comply with above liability limits and the additional insured endorsement must name the City of Dubuque with respect to aircraft liability coverage. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 9 of 20 Page 507 of 853 C) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. D) UMBRELLA/EXCESS LIABILITY The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. All Class A contractors with contract values in excess of $10,000,000 must have umbrella/excess liability coverage of $10,000,000. All Class A and Class B contractors with contract values between $500,000 and $10,000,000 must have umbrella/excess liability coverage of $3,000,000. All Class A and B contractors with contract values less than $500,000 must have umbrella/excess liability coverage of $1,000,000. All Class C contractors are not required to have umbrella/excess liability coverage. All contractors performing earth work must have a minimum of $3,000,000 umbrella regardless of the contract value. E) POLLUTION LIABILITY Coverage required: _ Yes _ No Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos, or PCB's. Pollution product and complete operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) or its equivalent and CG 20 37 (completed operations) or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. 7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability -Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the Owner's property. F) RAILROAD PROTECTIVE LIABILITY Coverage required: _ Yes _ No Page 10 of 20 Page 508 of 853 Any contract for construction or demolition work on or within fifty feet (50') from the edge of the tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds, tunnel, underpass, or crossing, for which an easement, license or indemnification of the railroad is required, shall require evidence of the following additional coverages. Railroad Protective Liability: each occurrence (per limits required by Railroad) policy aggregate (per limits required by Railroad) AND An endorsement to the Commercial General Liability policy equal to ISO CG 24 17 (Contractual Liability - Railroads). A copy of this endorsement shall be attached to the certificate of insurance. Page 11 of 20 Page 509 of 853 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 12 of 20 Page 510 of 853 EXHIBIT C INSURANCE SCHEDULE G Vendor shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description 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. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. The service provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Director of Finance and Budget. The service provider must identify or list in writing all deviations and exclusions from the ISO form. 8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this agreement's required limits. 9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Vendor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Vendor. 10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number, and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to written mutual agreement attached hereto. Page 13 of 20 Page 511 of 853 INSURANCE SCHEDULE G (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others endorsement. 7) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, 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. Coverage B limits shall be greater if required by the umbrella/excess insurer OR If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers' Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 14 of 20 Page 512 of 853 INSURANCE SCHEDULE G (continued) C) POLLUTION LIABILITY Coverage required: _ Yes _ No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) or its equivalent and CG 20 37(competed operations). 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. D) PROFESSIONAL LIABILITY $1,000,000 Coverage required: _ Yes _ No If the required policy provides claims -made coverage: 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. E) CYBER LIABILITY/BREACH $1,000,000 Coverage required: _ Yes _ No Coverage for First and Third Party breach liability including but not limited to lost data and restoration, loss of income and cyber breach of information. F) UMBRELLA/EXCESS $1,000,000 Coverage required: _ Yes _ No The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. Page 15 of 20 Page 513 of 853 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 16 of 20 Page 514 of 853 EXHIBIT D INSURANCE SCHEDULE J shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Project # or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub-subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to written mutual agreement attached hereto. Page 17 of 20 Page 515 of 853 INSURANCE SCHEDULE J (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 4) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 26. 5) Policy shall include Waiver of Right to Recover from Others endorsement. 6) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, 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. 2) Policy shall include Waiver of Right to Recover from Others endorsement. C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer OR If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 18 of 20 Page 516 of 853 D) UMBRELLA/EXCESS LIABILITY $1,000,000 The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. E) PROFESSIONAL LIABILITY $2,000,000 If the required policy provides claims -made coverage: 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. F) CYBER LIABILITY/BREACH $1,000,000 Yes No Coverage for First and Third Party breach liability including but not limited to lost data and restoration, loss of income and cyber breach of information. Page 19 of 20 Page 517 of 853 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 20 of 20 Page 518 of 853 polimorphic Order Form Created By John Doyle Contact Email jdoyle@polimorphic.com CUSTOMER INFORMATION 285 Fulton St. 71G New York, NY 10007 accounting@polimorphic.com (919) 812-1803 Order Number — Order Date May 26, 2026 Valid If Signed By Jun 30, 2026 Customer Name City of Dubuque POC Name —Randy Gehl Billing Contact — Randy Gehl POC Email — rgehl@cityofdubuque.org Billing Email — rgehl@cityofdubuque.org POC Phone — 563.589.4151 Bill -To Address — 50 W. 13th Street, Dubuque, IA, 52001 SUBSCRIPTION Connect Platform (Search, Chat & Voice for Utility) —Communication Automation Population: 59,000 residents Total Annual Subscription Cost BILLING SCHEDULE $16,000 $16,000 Description - Initial Service Period Jun 30, 2026 July 1st, 2026 $24,000Jun 30, 2026 Year 1 Renewal Jul 1, 2026 Jun 30, 2027 $16,000Jul 1, 2026 BILLING TERMS Valid Until Jun 30, 2026 Payment Net 30 Rate Increase 4% per annum after Year 2 GENERALTERMS TAXES The Service Fees and Billing amounts set forth above in this Polimorphic Order Form DO NOT include applicable taxes. In accordance with the laws of the applicable state, in the event that sales, use or other taxes apply to this transaction, Polimorphic shall include such taxes on applicable invoices and Customer is solely responsible for such taxes, unless documentation is provided to Polimorphic demonstrating Customer's exemption from such taxes. TERM & TERMINATION Subject to the termination rights and obligations set forth in the Polimorphic Terms of Service, this Polimorphic Order Form commences on the Order Date stated above and shall continue until the completion of the Service Period(s) for the Service(s) described above. Customer shall have the option to terminate this Order Form on an annual basis by providing notice at least sixty (60) days prior to the end of the then current Annual Term. Notwithstanding Section 8.2 of the ToS, Customer may also terminate the agreement for any reason with or without cause upon thirty (30) days written notice provided to Polimorphic. Early termination of this Order Form does not entitle Customer to a refund of prepaid subscription fees set forth herein. AUTO -RENEWAL After the initial Service Period subscriptions automatically renew for successive annual periods (each an "Annual Term"), unless either Party provides written notice of its desire not to renew at least sixty (60) days prior to the end of the then current Annual Term. Written notice to Polimorphic should be sent to accounting@polimorphic.com. AGREEMENT The signature below affirms your commitment to pay for the Service(s) ordered in accordance with the terms set forth in this Polimorphic Order Form and also acknowledges that you have read and agree to the terms and conditions set forth in the Polimorphic Terms of Service found at https://www.polimorphic.ai/terms-of-service (the "ToS"), which are hereby incorporated into this Order Form. OTHER TERMS 1. In addition to the indemnification terms set forth in Section 10.1 of the ToS, Polimorphic will defend, indemnify and hold harmless Customer, its officers and employees from and against any claim or damages to Customer arising out of or caused by Polimorphic's negligence in the performance of the agreement. Polimorphic will provide insurance as described in the attached Insurance Schedule. 2. Notwithstanding Section 12 of the ToS, this Order Form and the ToS will be governed by and construed in accordance with the laws of the State of Iowa without regard to its conflicts of laws principles. If a lawsuit or court proceeding is permitted under this agreement, the parties will be subject to the exclusive jurisdiction of the Iowa District Court for Dubuque County, Iowa. Page 519 of 853 Customer: City of Dubuque Z�,t Jw,� v SIG4ATURE dov Michael C. Van Milligen NAME Polimorphic, Inc. SIGNATURE NAME: PARTH SHAH City Manager TITLE TITLE: CEO 06/26/2026 DATE DATE Page 520 of 853 an lanet Technologies Quote #: Q-07066 Quote prepared: 6/17/2026 Quote expires: 6/30/2026 Planet Technologies offers the following renewal quote for the next year for City of Dubuque through our AOS-G Agreement for an 0365 SLG subscription. This quote will expire June 30, 2026; upon expiration of this quote, the following prices may no longer be valid. N17PM SLG Monthly Co—oss-tt" Annual Cost Quantity/Us7—ers An—nual gCos Per User per user $4.94 $59.28 for licens 954 $56,553.12 Entra ID P1 Gov Sub Per User EP2-24658 M365 Copilot $33.00 $396.00 103 $40,788.00 GCC Sub Add - on AAL-45735 M365 G5 GCC $55.18 $662.16 9 $5,959.44 Sub Per User U4S-00002 0365 G1 GCC $9.68 $116.16 390 $45,302.40 Sub Per User AAA-11894 0365 G3 GCC $22.26 $267.12 564 $150,655.68 Sub Per User 7MS-00001 Planner & $24.68 $296.16 5 $1,480.80 Project P3 GCC Sub Per User SEL-00001 Power Apps $19.36 $232.32 1 $232.32 Premium GCC Sub Per User SFR-00001 Power $14.52 $174.24 5 $871.20 Automate GCC Sub Per User 1 of 4 Page 521 of 853 DDJ-00001 Power BI Pro $9.04 $108.48 3 $325.44 GCC Sub Per User VA1-00001 Teams Rooms $38.72 $464.64 9 $4,181.76 Pro GCC Sub Per Device P3U-00001 Visio P2 GCC $12.34 $148.08 6 $888.48 Sub Per User PF1-00002 Project P1 $8.23 $98.76 1 $98.76 GCC Sub Per User Total Cost - $307,337.40 2 of 4 Page 522 of 853 City of Dubuque must include the attached Microsoft Terms and Conditions as part of the contract. The agreement cannot be executed (processed at Microsoft) until the completed documents and PO are received for the initial payment. At the point the documents are approved by the Legal Department at Microsoft, the billing period will begin. Prior to the enrollment anniversary, the Annual Order process allows your organization to submit an annual order to account for any increase or decrease in licenses (for example those required for qualified devices or users, license transitions and Online Services reservations, as permitted). Additional details: Your annual order must be received by Planet Technologies, Inc. between 60 and 30 days prior to the Enrollment Anniversary. • If the annual order is not received when due, Planet Technologies, Inc., will invoice for all subscription Licenses including Online Services and License and Software Assurance, ordered in the prior year and any Online Service reservations in excess of the quantity previously ordered. Unless specified otherwise in the above referenced contract, all prices are based on Net 30 terms. If not shown, shipping, handling, taxes and other fees will be added at the time of the order where applicable. City of Dubuque understands and acknowledges that all warranties, representations and returns are subject to the manufacturer, publisher or distributor guidelines. All product descriptions and prices are based on the latest information available and are subject to change within the terms of the above referenced contract. Requests for returns for licenses placed under the AOS-G Program must be submitted within 60 days of the invoice date and are not guaranteed. A 5% restocking fee may apply. For consumption or'pay as you go' items Planet Technologies, Inc. will invoice City of Dubuque on a monthly basis for those fees accrued at the end of each month. Planet Technologies, Inc's measurement of services is based upon Microsoft's measurement of Customer's use of the Services; this measurement is final. 3 of 4 Page 523 of 853 By signing this contract, you agree to be bound by the applicable pricing and all Terms and Conditions found herein, including but not limited to the attached Microsoft Terms and Conditions. City of Dubuque Planet Technologies, Inc. 9801 Washingtonian Blvd, Suite 360 Gaithersburg, MD 20878 (301) 721-0100 Signature Date Signature Date Z .c kk' Print Name Print Name Company Name Company Name Planet Technologies Street Address Street Address 9801 Washingtonian Blvd, Suite 360 City, State, Zip Code City, State, Zip Code Gaithersburg, MD 20878 4 of 4 Page 524 of 853 Dubuque THE CITY OF DUB E 1111.F Masterpiece on the Mississippi 2007.2012.2013 2017*2019 City of Dubuque Department (address) Dubuque, IA 52001 Phone # CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT THIS VENDOR SERVICE AGREEMENT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and endor) at Cil0a (Vendor Address - City and State) PROJECT TITLE: (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: The work described above shall be completed at the following location(s): The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. Page 1 of 19 Page 525 of 853 2. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE — Please include one applicable Insurance Schedule: o Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) o Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box El Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors ❑ Insurance Schedule G — Vendors ❑ Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 6. The Vendor shall fully complete the Project under this Contract on or before (date) 7. Indemnification; Liability for City Damage A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or Page 2 of 19 Page 526 of 853 anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. B. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 8. Prior to the commencement of any work on this Project and at all times during the performance of this Contract, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule as indicated above and attached hereto. 9. The Vendor agrees that no work under this Contract shall commence until the City has authorized said work in writing. Any work started by the Vendor prior the City authorization shall be considered unauthorized and done at the sole risk to the Vendor. 10. Vendor will comply with all federal, state, and local laws and regulations in the performance of this Contract. 11. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice delivered to the Vendor. 12. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be the Iowa District Court for Dubuque County. THE CITY AGREES: The City agrees to pay the Vendor for the work actually performed under this Contract, up to the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT $ CITY OF DUBUQUE, IOWA By: /�,Ajm2z 06/23/2026 Date VENDOR: Pigott Company Name Signature Courtney Wyllie Printed Name Interior Consultant Title 06/23/2026 Date Page 3 of 19 Page 527 of 853 EXHIBIT A TERMS AND CONDITIONS The following Terms and Conditions apply to City of Dubuque Transactions: 1. The City of Dubuque is exempt from federal excise tax and Iowa sales tax. 2. The City of Dubuque will not be responsible for payment for any goods delivered without a purchase order. 3. The vendor will send a separate invoice for each purchase order number. All invoices, packages, shipping notices, or the like affecting the order shall contain the applicable purchase order number. The vendor is to submit original invoice to the address shown in the SHIP TO section on the front of this order. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized. 5. It is understood by the vendor that the cash discount period to the City of Dubuque will date from the receipt of the invoice or from the date of the receipt of the goods, whichever is later. 6. The risk of loss of and damage to the goods which are the subject of this order, regardless of the F.O.B. point, is and will remain with the vendor until the goods are delivered to the destination set out in the order and accepted by the City of Dubuque or the authorized City of Dubuque representative. 7. In the event of the vendor's failure to deliver as and when specified, or to perform as and when specified, the City of Dubuque reserves the right to cancel this order, or any part thereof, without prejudice to its other rights, and the vendor agrees that the City of Dubuque may return part or all of any shipment so made and may charge the vendor with any loss expense sustained as a result of such failure to deliver or to perform. 8. In the event any article, service, or process sold, delivered and/or performed hereunder is covered by any patent, copyright, or application for either, the vendor will indemnify and save harmless the City of Dubuque from any and all loss, cost, or expenses on account of any and all claims, suits, or judgments on account of the use or sale of such article or the use of such service or process in violation of such patent, copyright or application for either. 9. In the event any article, service, or process sold and delivered or sold and performed hereunder is defective in any respect whatsoever, the vendor will indemnify and save harmless the City of Dubuque from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to person or property that may happen or occur in connection with the use or sale of such article, or process and are contributed to by said defective condition. 10. The vendor agrees not to release any advertising copy mentioning the City of Dubuque or quoting the opinion of any City of Dubuque employee without the prior written authorization from the City of Dubuque. 11. The vendor represents and warrants that no federal or state statute or regulation, or local municipal ordinance has been or will be violated in the manufacturing, sale and delivery Page 4 of 19 Page 528 of 853 hereunder. If such violation has or does occur, the vendor will indemnify and save harmless the City of Dubuque from all loss, penalties, or payment of all sums of money on account of such violation. 12. The City of Dubuque may at any time insist upon strict compliance with these terms and conditions notwithstanding any previous custom, practice, or course of dealing to the contrary. 13. The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of the vendor's proposal, and are not subject to change by reason of any written or verbal statements by the vendor or by any terms stated in the vendor's acknowledgement unless same be accepted in writing by the City of Dubuque. 14. Current Safety Data Sheets (SDS), when applicable to the order, must be provided by the vendor in accordance with all regulations. Page 5 of 19 Page 529 of 853 EXHIBIT B Class A: Class B: Class C: INSURANCE SCHEDULE F Asbestos Removal Fiber Optics Sanitary Sewers Asphalt Paving Fire Protection Sheet Metal Concrete Fireproofing Site Utilities Construction Managers General Contractors Shoring Cranes HVAC Special construction Culverts Mechanical Steel Decking Paving & Surfacing Storm sewers Demolition Piles & Caissons Structural Steel Deconstruction Plumbing Trails Earthwork Retaining Walls Tunneling Electrical Reinforcement Water main Elevators Roofing Chemical Spraying Landscaping Rough Carpentry Doors, Window & Masonry Stump Grinding Glazing Vehicular Snow Removal Tank Coating Drywall Systems Painting & Wall Covering Tree Removal Fertilizer Application Pest Control Tree Trimming Geotech Boring Scaffolding Tuckpointing Insulation Sidewalks Waterproofing Finish Carpentry Plastering Well Drilling Carpet Cleaning Carpet & Resilient Flooring Caulking & Sealants Acoustical Ceiling Filter Cleaning General Cleaning Grass Cutting Janitorial Non Vehicular Snow & Ice Removal Office Furnishings Power Washing Tile & Terrazzo Flooring Window Washing Page 6of19 Page 530 of 853 INSURANCE SCHEDULE F (continued) Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project # Project name: or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate required shall be furnished to the Department of the City of Dubuque. 4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this contract. 5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Contractor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. Whenever an ISO form is referenced the current edition must be provided. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are higher than the required minimum limit, then the contractor's limits shall be this agreement's required limits. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the contract, subject to written mutual agreement attached hereto. Page 7 of 19 Page 531 of 853 INSURANCE SCHEDULE F (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01 or business owners form BP 00 02 shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project(s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees, agents, and volunteers. Use ISO form CG 20 10 (Ongoing operations). 6) The additional insured endorsement shall include completed operations under ISO form CG 20 37 during the project term and for a period of two years after the completion of the project. 7) Policy shall include Waiver of Right to Recover from Others endorsement. 8) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. 9) Contractor and subcontractor shall not use any drone without the prior written approval of the City of Dubuque. Any drone usage must comply with above liability limits and the additional insured endorsement must name the City of Dubuque with respect to aircraft liability coverage. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 8 of 19 Page 532 of 853 C) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. D) UMBRELLA/EXCESS LIABILITY The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. All Class A contractors with contract values in excess of $10,000,000 must have umbrella/excess liability coverage of $10,000,000. All Class A and Class B contractors with contract values between $500,000 and $10,000,000 must have umbrella/excess liability coverage of $3,000,000. All Class A and B contractors with contract values less than $500,000 must have umbrella/excess liability coverage of $1,000,000. All Class C contractors are not required to have umbrella/excess liability coverage. All contractors performing earth work must have a minimum of $3,000,000 umbrella regardless of the contract value. E) POLLUTION LIABILITY Coverage required: _ Yes _ No Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos, or PCB's. Pollution product and complete operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) or its equivalent and CG 20 37 (completed operations) or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. 7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability -Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the Owner's property. F) RAILROAD PROTECTIVE LIABILITY Coverage required: _ Yes _ No Page 9 of 19 Page 533 of 853 Any contract for construction or demolition work on or within fifty feet (50') from the edge of the tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds, tunnel, underpass, or crossing, for which an easement, license or indemnification of the railroad is required, shall require evidence of the following additional coverages. Railroad Protective Liability: each occurrence (per limits required by Railroad) policy aggregate (per limits required by Railroad) AND An endorsement to the Commercial General Liability policy equal to ISO CG 24 17 (Contractual Liability - Railroads). A copy of this endorsement shall be attached to the certificate of insurance. Page 10 of 19 Page 534 of 853 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 11 of 19 Page 535 of 853 EXHIBIT C INSURANCE SCHEDULE G Vendor shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description 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. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. The service provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Director of Finance and Budget. The service provider must identify or list in writing all deviations and exclusions from the ISO form. 8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this agreement's required limits. 9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Vendor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Vendor. 10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number, and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to written mutual agreement attached hereto. Page 12 of 19 Page 536 of 853 INSURANCE SCHEDULE G (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others endorsement. 7) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, 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. Coverage B limits shall be greater if required by the umbrella/excess insurer OR If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers' Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 13 of 19 Page 537 of 853 INSURANCE SCHEDULE G (continued) C) POLLUTION LIABILITY Coverage required: _ Yes _ No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) or its equivalent and CG 20 37(competed operations). 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. D) PROFESSIONAL LIABILITY $1,000,000 Coverage required: _ Yes _ No If the required policy provides claims -made coverage: 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. E) CYBER LIABILITY/BREACH $1,000,000 Coverage required: _ Yes _ No Coverage for First and Third Party breach liability including but not limited to lost data and restoration, loss of income and cyber breach of information. F) UMBRELLA/EXCESS $1,000,000 Coverage required: _ Yes _ No The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. Page 14 of 19 Page 538 of 853 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 15 of 19 Page 539 of 853 EXHIBIT D INSURANCE SCHEDULE J shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Project # or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub-subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to written mutual agreement attached hereto. Page 16 of 19 Page 540 of 853 INSURANCE SCHEDULE J (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 4) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 26. 5) Policy shall include Waiver of Right to Recover from Others endorsement. 6) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, 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. 2) Policy shall include Waiver of Right to Recover from Others endorsement. C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer OR If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 17 of 19 Page 541 of 853 D) UMBRELLA/EXCESS LIABILITY $1,000,000 The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. E) PROFESSIONAL LIABILITY $2,000,000 If the required policy provides claims -made coverage: 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. F) CYBER LIABILITY/BREACH $1,000,000 Yes No Coverage for First and Third Party breach liability including but not limited to lost data and restoration, loss of income and cyber breach of information. Page 18 of 19 Page 542 of 853 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 19 of 19 Page 543 of 853 THIRD AMENDMENT TO THE AMENDED AND RESTATED LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE DUBUQUE RACING ASSOCIATION, LTD. This Third Amendment to Amended and Restated Lease Agreement (this "Amendment") is dated for reference purposes as of the 241h day of June, 2026, and is by and between the City of Dubuque, Iowa, a municipal corporation ("City'), and Dubuque Racing Association, Ltd., an Iowa nonprofit corporation ("Association"). WHEREAS, City and Association are parties to an Amended and Restated Lease Agreement dated for reference purposes as of the 19th day of September, 2023, as amended by (i) the First Amendment to the Amended and Restated Lease Agreement dated for reference purposes as of the 1511 day of April, 2024 and (ii) the Second Amendment to the Amended and Restated Lease Agreement dated for reference purposes as of the 6th day of March, 2025 (as so amended, the "Lease"). WHEREAS, City and Association now desire to further amend the Lease as set forth herein. NOW, THEREFORE, City and Association, in consideration of the mutual covenants and conditions hereinafter set forth, agree as follows: 1) Definitions. Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Lease. 2) Amendment to Paragraph 2 of the Lease. Paragraph 2 of the Lease is amended and restated in its entirety, retroactively to September 19, 2023, to read as follows: 2. Leased Premises. During the Term City agrees to lease to Association, and Association agrees to lease from City, the real estate described on attached Exhibit A, which real estate is commonly referred to as 1801 Greyhound Park Road, Dubuque, Iowa; 1825 Greyhound Park Road, Dubuque, Iowa; and 1855 Greyhound Park Road, Dubuque, Iowa (hereinafter, the "Leased Premises"). Association may grant utility easements for the purposes of obtaining utility services to the facilities located on the Leased Premises, provided that such easements shall only be granted with the written consent of City. Page 544 of 853 3) Reference to and Effect on the Lease. Except as expressly set forth in this Amendment, all of the terms and provisions of the Lease are and shall remain in full force and effect and are hereby ratified and confirmed. Unless the context requires otherwise or as otherwise expressly set forth herein, any references to the Lease contained therein shall be deemed to refer to the Lease as amended by this Amendment. The amendments provided for herein are limited to the specific provisions of the Lease specified herein and shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any party under the Lease, or constitute a waiver or amendment of any other provision of the Lease, except as and to the extent expressly set forth herein. 4) Counterparts. This Amendment may be executed in counterparts, each of which shall constitute an original, but all of which when taken together shall constitute a single contract. Delivery of a signature page of this Amendment by telecopy or other electronic means shall be effective as delivery of a manually executed counterpart hereof. 5) Governing Law. This Amendment shall be governed by and construed in accordance with the laws of the State of Iowa. 6) Memorandum for Recording. The parties mutually agree that, if necessary or desirable for title purposes, a Memorandum of Third Amendment to Amended and Restated Lease Agreement may be executed and filed of record in lieu of recording this Amendment. [Remainder of Page Intentionally Left Blank; Signature Page Follows] 2 Page 545 of 853 IN WITNESS WHEREOF, each of the parties hereto has executed this Third Amendment to Amended and Restated Lease Agreement as of the date first written above. CITY OF DUBUQUE, IOWA By: Michael Van Milligen, City Manager DUBUQUE RACING ASSOCIATION, LTD \\ Anthony Williams, F residerit-a� CEO Attes.01 � &,a, �"4 fir',-; City anager's Office Executive Assistant s Page 546 of 853 Memorandum of Agreement Between the City of Dubuque, Iowa and Cornerstone Government Affairs, Inc. WHEREAS, the City of Dubuque, Iowa ("City") belongs to the Metropolitan Coalition (the "Coalition"), an unincorporated group of the larger cities in Iowa; and WHEREAS, the Coalition with consent of its members communicates its positions on various legislative matters to the Iowa General Assembly; and, WHEREAS, the Coalition contracts with Cornerstone Government Affairs, Inc, ("Cornerstone") for Cornerstone to represent the Coalition before the General Assembly; and WHEREAS, the financial stewardship of the Coalition transfers to a different member city, so all the member cities can share in the responsibility; and, WHEREAS, the City currently has the financial stewardship of the Coalition and therefore requires a written agreement with Cornerstone to facilitate payments from the Coalition to Cornerstone. THEREFORE, the parties agree: 1. The City will retain financial stewardship of the Coalition funds through the City Finance Department; 2. Cornerstone will perform legislative lobbying and monitoring services for and as directed by the Coalition, and the City will pay Cornerstone monthly at the amounts agreed to by the Coalition and Cornerstone. For the avoidance of doubt, payments under this agreement are funded using Coalition funds, and the City is not individually liable for payments due under this agreement; 3. Cornerstone will represent the Coalition for general advocacy services at the state legislature with a specific focus on property taxes and economic incentives Including but not limited to Tax Increment Financing; 4. The City will pay Cornerstone $7,500 per month, using Coalition funds, as the fee for Cornerstone's services to the Coalition; 5. Cornerstone will bill the City on a monthly basis. The total amount due to Cornerstone under this agreement is $90,000; 6. TERM: This agreement is effective July 1, 2026 through June 30, 2027 Page 547 of 853 IN WITNESS WHEREOF, the parties hereby execute this Memorandum of Agreement and acknowledge that they are authorized to execute same. City of Dubuque, Iowa By: Nam rad CavtAagh Title: Mayor Date: 06/17/2026 Approved as to form and content: Metropolitan Coalition By: Name: Title: Date: Cornerstone Government Affairs, Inc. By: Name: Campbell Kaufman Title: President Date: 6/9/2026 Page 548 of 853 THE CITY OF DUB E Masterpiece on the Mississippi Dubuque Akbata C� 2007-2012-2013 2017*2019 CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT City of Dubuque Fire Department 11 W. 9th Street, Dubuque, IA (address) Dubuque, IA 52001 Phone # 563-589-4160 THIS VENDOR SERVICE AGREEMENT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and (Vendor) at Air Cleaning Technologies (Vendor Name) 221 Oak Street, Bonner Springs, KS 66012-1028 (Vendor Address - City and State) PROJECT TITLE: Exhaust Mitigation at Fire Headquarters (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1 To furnish all material and equipment and to perform all labor necessary for: Installation of Exhaust Mitigation at Fire Headquarters The work described above shall be completed at the following location(s): Fire Headquarters, 11 W. 9th Street, Dubuque, Iowa The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. Page 1 of 19 Page 549 of 853 2. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE — Please include one applicable Insurance Schedule: o Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) o Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box El Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors ❑ Insurance Schedule G — Vendors ❑ Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 6. The Vendor shall fully complete the Project under this Contract on or before Auaust 30, 2026 (date) 7. Indemnification; Liability for City Damage A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or Page 2 of 19 Page 550 of 853 anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. B. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 8. Prior to the commencement of any work on this Project and at all times during the performance of this Contract, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule as indicated above and attached hereto. 9. The Vendor agrees that no work under this Contract shall commence until the City has authorized said work in writing. Any work started by the Vendor prior the City authorization shall be considered unauthorized and done at the sole risk to the Vendor. 10. Vendor will comply with all federal, state, and local laws and regulations in the performance of this Contract. 11. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice delivered to the Vendor. 12. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be the Iowa District Court for Dubuque County. THE CITY AGREES: The City agrees to pay the Vendor for the work actually performed under this Contract, up to the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT $ 44,433.00 CITY OF DUBUQUE, IOWA VENDOR: By: �,� 06/11 /2026 Air Cleaning Technologies Inc. Date Cp.. any Name By:6/11/2026 Signature Date Rory D. Smith Printed Name President Title Page 3 of 19 Page 551 of 853 • Quote # 061399 Version 4 Delivery Date: 6/2/2026 Expiration Date: 6/19/2026 •ll1'a■1411■1:10101[• :2)............ I ' M 0 I•.'A'L*4113 LVi ko's 161112 C LDS A 119 0 • City of Dubuque - IT - Firewall Replacement Prepared for: City of Dubuque Prepared by: Brian Wessels 4099 McDonald Drive Dubuque, IA 52003 cecinfo.com I info@cecinfo.com 800.377.0271 Page 552 of 853 Statement of Work This Statement of Work ("SOW') formally establishes and documents the scope, objectives, and approach for delivering the Firewall Upgrade with Fortinet Next -Generation Firewallto City of Dubuque. This proposal reflects the design information provided as of 05/13/2026 1. Device Locations and Installation Parameters The following new device locations and installation parameters are included within this SOW: • Enterprise Licensing - 1-Year This proposal includes FG-701 G Appliance/Software Support (x2), cabling connectivity equipment, and software as described below. Installation Parameters • Proposal includes connectivity equipment (transceivers, fiber patching, copper cables, etc) for turnkey deployment • Included Firewall hardware in configured for High -Availability spanning between Annex and Annex West. Hardware to be deployed after base configuration and device registration in CEC Staging Lab • Decommissioning of existing Firewall Solution will occur 1 month post -deployment. Cutover between solutions may be phased to minimize downtime and ensure minimal connectivity failures. 2. Software and Integrations This SOW includes software and third -party integration services: System Software • FortiAnalyzer - VM 0 1 - Year Subscription - On Premise VM o Central Logging & Analytics - 15GB/day o Premium Support, IOC, Security Automation Service, FortiGuard Outbreak Detection Service • FortiToken o One -Time Password Tokens for iOS, Andriod, and Windows devices o Perpetual licenses for 50 users Quote #061399 v4 cecinfo.com info@cecinfo.com 800.377.0271 Page: 2 of 8 Page 553 of 853 • FortiEMS - Endpoint -based Licenses o 1 Year FortiClient Subscriptions for 500 endpoints o VPN/ZTNA Agent o On -Premise VM Endpoint Management Service & FortiCare Premium Fortinet Professional Services • No Fortinet Professional Services 3. Customer Notes and Exceptions The following items should be noted for specific customer information and/or excluded from this SOW: • Designate a Key Customer Representative: Appoint a key customer representative to serve as the project manager. This individual will be the primary point of contact for all communication and will have the authority to make contractual, administrative, and scheduling decisions. • Project Kickoff Call: CEC Project Manager will coordinate a Project Kickoff call with CEC Lead Technician, CEC Engineer, and Customer to discuss timelines, constraints, cutover coordination, configuration details and specifics, and installation parameters that are necessary for the successful completion of the project. • Temporary Equipment Storage: Arrange for secure temporary storage of equipment and cables during the project installation. • Access to Work Areas: Ensure ready access to all work areas for CEC personnel. • Coordination with Third Parties: If applicable, coordinate with third -party vendors or service providers that may be involved in the project or system integration. Responsibility Description Others Notes Head End Rack / Cabinet Provide Provide and install network rack with allocated space for provided equipment Equipment AC Power Provide & Provide AC power and appropriately conditioned Install physical space as required by the system specification Cabling Provide & Provide and install all required system cable as Install determined by specification and manufacture requirements Pathway Provide & Provide and install required conduit, raceway, cut -ins, Install backboxes, rough -ins, sleeves, and sleeve supports as required. In addition provide necessary firestopping on applicable fire -rated walls and penetrations Field Device Installation (Access Provide & Provide, install, and test field devices Points) Install Device Install and Configuration Provide & Stage, setup, configure, and install all scoped equipment (Switch and Firewall) Install Quote #061399 v4 Page: 3 of 8 cecinfo.com I info@cecinfo.com 1 800.377.0271 Page 554 of 853 Responsibility Description CEC Cust• Others Notes Software and Licensing Provide & Provide applicable software and licensing required for Install system deployment Network (LAN/WAN) Provide & Provide LAN/WAN configuration and network Install connectivity as required Floor Plan Drawings Provide Customer to provide floor plan and network drawings as required and available for facility and system information Final As -Built Documentation Provide & Provide electronic copy of as -built drawings detailing Install final device locations on owner supplied CAD drawings Quote #061399 v4 Page: 4 of 8 cecinfo.com I info@cecinfo.com 1 800.377.0271 Page 555 of 853 • Timelines: All work by CEC must be scheduled through our Project Management Office (PMO) to allow sufficient time for equipment delivery and workforce scheduling. Upon project award, our PMO will contact you to confirm project timelines and resource availability. Standard labor services lead time is 4 to 6 weeks from project award. • Standard Schedule: This quotation assumes a standard installation schedule. All CEC labor will be performed during CEC business hours, excluding holidays, unless otherwise specified and may incur additional charges. Expedited deliveries or schedules are not included unless specified and may incur additional charges. • Project Phases: Proposal is based on a single-phase project completion unless multi -phase is specified in the proposal. • The Davis -Bacon Act, prevailing wage, union labor, or certified payroll requirements are not included unless explicitly stated in the scope of work. It is the recipient's responsibility to notify CEC if any of these requirements apply and to provide the necessary wage determination. If the recipient or ordering party fails to inform CEC of such conditions, CEC will not be responsible for any additional costs incurred. • All taxes, including sales, use, excise, and similar charges, are estimated and provided for reference only. The Customer is solely responsible for the payment of any applicable taxes, whether or not included in the initial estimate or invoice. Customer must provide valid exemption certificates upon signature. • Delays: Delays incurred by CEC employees and its subcontractors due to factors like escorts, clearances, or restricted workspaces beyond our control will be invoiced at our current labor rates. • Lifts: If the customer requires CEC to use their lift, it must meet all safety standards and be fully operational. If found unsafe, unavailable, or inoperable (including dead batteries or scheduling delays), CEC may refuse its use, and any resulting delays or additional costs will be billed to the customer. • Change Management: Any changes to this proposal must be communicated and approved in writing by an authorized customer representative before work begins. • Existing Equipment: It is assumed that any existing equipment and cabling used in the new system are in good working condition. Any deficiencies discovered will be reported to the customer and replaced or repaired at an additional cost. • Discontinued Equipment: Equipment items provided in this proposal are based on the current models specified in the equipment list or project submittal. Any modifications due to product discontinuation by the manufacturer may result in a change to the project price. • On -Site Storage: The customer is responsible for providing secure, temporary storage for equipment and cable during the project installation. If adequate storage space is unavailable for CEC-provided system equipment and/or cable, CEC will arrange for alternate storage at additional cost. The customer assumes responsibility and ownership of all equipment upon receipt. • Drawings: If current CAD (dwg/xref) files are not provided to CEC additional charges may apply. Additional CAD time for customer -requested updates or AHJ-specific requirements outside of the original scope of work may incur additional charges. BIM (Building Information Modeling) is excluded unless specified in the scope of work. • Software Term begins upon the manufacturer's acknowledgment of the activation date, as defined by their licensing or activation policy. This proposal includes software based on the support terms available at the time of quoting. Any renewal or modification of software support terms outside of this proposal may result in additional costs to align (co -term) the support periods. • Warranty: Warranty shall begin on the date of beneficial use, or the project close out, whichever comes first. Said warranty is for equipment installed under this project and warranty does not extend to existing equipment. Standard warranty work is performed during normal CEC business hours. • Pricing is based on current market conditions. While we will make reasonable efforts to maintain quoted pricing, if material or equipment costs increase prior to project commencement or purchase, we reserve the right to issue a change order to reflect such cost increases. Quote #061399 v4 Page: 5 of 8 cecinfo.com I info@cecinfo.com 1 800.377.0271 Page 556 of 853 1 -Year Enterprise Qty Hardware FG-701 G-BDL- FortiGate-701 G Hardware plus 1 Year FortiCare Premium & FortiGuard Enterprise 2 809-12 FN-TRAN-SFP+ 10GE SFP+ transceiver module, 30KM long range 2 BD27 FN-TRAN-SFP+ 10GE SFP+ transceiver module BIDI 2 BD33 FN-TRAN-SFP+ 10GE SFP+ module, short range 10GE SFP+ transceiver module 4 SR FN-CABLE-SFP+ 10 GE SFP+ passive direct attache cable, 3m 2 3 OHF1 Hardware Order Processing Fee 1 Software FTM-ELIC-50 FortiToken Mobile Software (One time password) 1 FC2-10-EMS04- Endpoint -based Licenses - VPN/ZTNA (On Premise Deployment) 1 428-01-12 FC1-10-AZVMS- FortiAnalyzer-VM Subscription with Support 1 Year - 5GB/Day 3 465-01-12 Subtotal: $86,725.72 Quote #061399 v4 Page: 6 of 8 cecinfo.com I info@cecinfo.com 1 800.377.0271 Page 557 of 853 City of Dubuque - IT - Firewall Replacement Prepared by: Communications Engineering Company Brian Wessels (319) 294-9000 Fax 563-6900747 bwessels@cecinfo.com Prepared for: City of Dubuque 7900 Chavenelle Rd. Dubuque, IA 52002 (563) 589-4282 tsteffen@cityofdubuque.org Quote Information: Quote #: 061399 Version: 4 Proposal Delivery Date: 06/11/2026 Proposal Expiration Date: 06/19/2026 Quote #061399 v4 cecinfo.com I info@cecinfo.com 1 800.377.0271 Page: 7 of 8 Page 558 of 853 A deposit of 40% is required at the time of purchase for all orders over $10,000. Progress payments for material delivered and labor expended will be invoiced monthly. Invoice terms are NET 30 with approved credit. The deposit will apply to the final bill. This Proposal for sale of equipment and/or performance of services by CEC is subject to and expressly conditioned upon CEC Standard Terms and Conditions (https:Hcecinfo.com/terms), which cannot be waived or altered without the express written consent of CEC. By signing this Proposal, Customer expressly agrees to be bound by the terms of this Proposal and the CEC Standard Terms and Conditions. Information contained in this proposal, including part numbers, installation details, pricing information, and engineering drawings shall be considered Proprietary and Confidential and shall not be duplicated or shared with persons other than the intended recipient(s) referenced above. Communications Engineering Company City of Dubuque 1 I , Signature: �.. .�. --1� Signature: To accept please sign and return all pages of this document, or a -sign via the Order Porter web link. Name: Brian Wessels Name: Michael C. Van Milligen Title: Sales Executive Date: 06/12/2026 Date: 06/11/2026 PO Number: Quote #061399 v4 cecinfo.com I info@cecinfo.com 1 800.377.0271 Page: 8 of 8 Page 559 of 853 Dubuque THE C DUUB--*FE 11111.1 2O07-2012.2013 2017•2019 Masterpiece on the Mississippi City of Dubuque WRRC Department 795 Julien Dubuaue Dr (address) Dubuque, IA 52003 Phone # 563.589.4176 CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT THIS VENDOR SERVICE AGREEMENT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, Manager by its City Council and Centrisys CNP through authority conferred upon the City (Vendor Name) 9586 Kenosha, WI 53144 (Vendor Address - City and State) PROJECT TITLE: WRRC Centrifuge Repair (Vendor) at (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: serving and repair of WRRC centrifuge per attached quote (16129) The work described above shall be completed at the following location(s): Centrisys CNP facility The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa Page 1 of 20 Page 560 of 853 and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE — Please include one applicable Insurance Schedule: o Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) o Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box ❑ Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors 0 Insurance Schedule G — Vendors ❑ Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 6. The Vendor shall fully complete the Project under this Contract on or before June 30, 2026 (date) PO must be received before repair will be completed Page 2 of 20 Page 561 of 853 7. Indemnification; Liability for City Damage A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. B. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 8. Prior to the commencement of any work on this Project and at all times during the performance of this Contract, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule as indicated above and attached hereto. 9. The Vendor agrees that no work under this Contract shall commence until the City has authorized said work in writing. Any work started by the Vendor prior the City authorization shall be considered unauthorized and done at the sole risk to the Vendor. 10. Vendor will comply with all federal, state, and local laws and regulations in the performance of this Contract. 11. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice delivered to the Vendor. 12. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be the Iowa District Court for Dubuque County. Page 3 of 20 Page 562 of 853 THE CITY AGREES: The City agrees to pay the Vendor for the work actually performed under this Contract, up to the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT $ 93,350.00 CITY OF DUBUQUE, IOWA VENDOR: By: 06/15/2026 Centrisys CNP Mi hael Van Milligen, Date Company Name City Manager ByJohn Slowinski Digitally signed by John Slowinski . Date: 2026.05,07085053-05'00' 7-2026 Signature Date John Slowinski Printed Name Service Estimator Title Page 4 of 20 Page 563 of 853 EXHIBIT A TERMS AND CONDITIONS The following Terms and Conditions apply to City of Dubuque Transactions: 1. The City of Dubuque is exempt from federal excise tax and Iowa sales tax. 2. The City of Dubuque will not be responsible for payment for any goods delivered without a purchase order. 3. The vendor will send a separate invoice for each purchase order number. All invoices, packages, shipping notices, or the like affecting the order shall contain the applicable purchase order number. The vendor is to submit original invoice to the address shown in the SHIP TO section on the front of this order. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized. 5. It is understood by the vendor that the cash discount period to the City of Dubuque will date from the receipt of the invoice or from the date of the receipt of the goods, whichever is later. 6. The risk of loss of and damage to the goods which are the subject of this order, regardless of the F.O.B. point, is and will remain with the vendor until the goods are delivered to the destination set out in the order and accepted by the City of Dubuque or the authorized City of Dubuque representative. 7. In the event of the vendor's failure to deliver as and when specified, or to perform as and when specified, the City of Dubuque reserves the right to cancel this order, or any part thereof, without prejudice to its other rights, and the vendor agrees that the City of Dubuque may return part or all of any shipment so made and may charge the vendor with any loss expense sustained as a result of such failure to deliver or to perform. 8. In the event any article, service, or process sold, delivered and/or performed hereunder is covered by any patent, copyright, or application for either, the vendor will indemnify and save harmless the City of Dubuque from any and all loss, cost, or expenses on account of any and all claims, suits, or judgments on account of the use or sale of such article or the use of such service or process in violation of such patent, copyright or application for either. 9. In the event any article, service, or process sold and delivered or sold and performed hereunder is defective in any respect whatsoever, the vendor will indemnify and save harmless the City of Dubuque from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to person or property that may happen or occur in connection with the use or sale of such article, or process and are contributed to by said defective condition. Page 5 of 20 Page 564 of 853 10.The vendor agrees not to release any advertising copy mentioning the City of Dubuque or quoting the opinion of any City of Dubuque employee without the prior written authorization from the City of Dubuque. 11. The vendor represents and warrants that no federal or state statute or regulation, or local municipal ordinance has been or will be violated in the manufacturing, sale and delivery hereunder. If such violation has or does occur, the vendor will indemnify and save harmless the City of Dubuque from all loss, penalties, or payment of all sums of money on account of such violation. 12. The City of Dubuque may at any time insist upon strict compliance with these terms and conditions notwithstanding any previous custom, practice, or course of dealing to the contrary. 13.The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of the vendor's proposal, and are not subject to change by reason of any written or verbal statements by the vendor or by any terms stated in the vendor's acknowledgement unless same be accepted in writing by the City of Dubuque. 14. Current Safety Data Sheets (SDS), when applicable to the order, must be provided by the vendor in accordance with all regulations. Page 6 of 20 Page 565 of 853 ftwcnp�centr Repair Inspection Report and Quote Customer: City of Dubuque, IA —Water Centrifuge Mfr. I Centrisys i Pollution Control I i_ Street 1795 Julien Dubuque Drive Model No. I CS26-4 City State Zip Dubuque, IA 52003 Serial No. Contact: William O'Brien Rotodiff Model No. 2080 D GVE K Office Phone: 563-589-4176 Rotodiff Serial No. 110018M10 Cell Phone: 1563-599-9175 I Hydraulic Pump Model No. E-Mail: wobrien@cityofdubuque.org Hydraulic Pump Serial No. CC: Job No. 1 14744-01,02 Date: 1 4-28-2026 1 P.O. No. Description: CS26-4 rotating assembly and 2080 rotodiff. Scope: Inspect and repair Regional Sales Manager: I Lance Pesola (262) 234-1195 Ipesola@centrisys.us ESTIMATE Repair of Rotating Assembly $ 63,990.00 Repair of RotodifflGearbox $ 24,860.00 Site Service for Reinstallation $ 4,500.00* Shipping i not Customer Arranged) , TOTAL $93,350.00 TERMS Terms 50% due with order, remaining on shipment Delivery 6 to 8 weeks ARO FOB Kenosha, WI Warranty 6 months on repaired/replaced parts Quote valid for 30 days. Centrisys reserves the right to adjust this estimate. A purchase order is required within 60 days of the customer receiving this quote to avoid storage fees. *Pricing is for up to I day on site & includes no overtime. Any additional time/resources required for reinstallation will be added to cost 11Page F-7.5.1-009-01 P:\Business Projects\14500-14999\14744-01 - City of Dubuque, IA - CS26-4 - Repair\Reports\14744-01,02 Repair Inspection Report.docx 9586 58th Place I Kenosha, WI 53144 USA 1 +1(262) 654-6006 1 info@centrisys-cnp.com I centrisys-cnp.com CNP-a subsidiary of Centrifuge-Systems,LLC I IS09001:2015 Page 56&-<Yf8&32 MrcentrL cnp� Item/Condition Recommended Action Notes Picture Control & scroll to enlarge pic Bowl Balance ❑X Replace all bearings & seals0 1. Bowl Center Section No action necessary 0 Inner Surface Coarse media blast ❑ No damage 0 Repair ❑ Damaged or worn ❑ Replace ceramic tiles ❑ Solids build up ❑ Clean ❑ 2. Bowl Center Section No action necessary ❑ Outer Surface Clean No damage ® Coarse media blast ❑ Damaged or worn ❑ Repair ❑ Solids build up ❑ 3. Bowl Center Section No action necessary Wear Strips Repair ❑ No damage 0 Replace damaged strips ❑ Worn or damaged ❑ Add strips ❑ 4. Bowl Conical No action necessary Inner Surface Coarse media blast ❑ No damage ❑X Repair ❑ Damage or wear ❑ Replace ceramic tiles ❑ Solids build up ❑ Clean ❑ 5. Bowl Conical No action necessary ❑ Outer Surface Coarse media blast ❑ r No damage ❑X Repair ❑ Damage or wear ❑ Apply protective coating ❑ Solids build up ❑ Clean ❑X « 6. Conical to SEWH Fit I.D. 0 No action necessary ❑X ° ! - No damage ❑X Repair ❑ Damage or wear ❑ Replace ❑ 00 2 1 P a g e F-7.5.1-009-01 P:\Business Projects\14500-14999\14744-01 -City of Dubuque, IA - CS264 - Repair\Reports\14744-01,02 Repair Inspection Report.docx 9586 58th Place I Kenosha, WI 53144 USA 1 +1(262) 654-6006 1 info@centrisys-cnp.com I centrist's-cnp.com CNP- asubsidiaryofCentrifuge-Systems,LLC I ISO9001:2015 Page 56-Aof8&32 ftwcnp�centrL Item/Condition Recommended Action Notes Picture Control & scroll to enlarge pic 7. Bowl Conical Section No action necessary 0 w Wear Strips Repair ❑ No damage 0 Replace ❑ Damage or wear ❑ 8. Bowl Conical No action necessary 0 Discharge Nozzles Repair ❑ No damage 0 Replace ❑ Damage or wear ❑ 110- vi, 9. Solid End Housing Seal No action necessary Assembly Repair ❑ No damage ❑X Replace ❑ Damage or wear ❑ t 10. Solid End Headwall Main No action necessary ❑X Bearing Fit Repair ❑ No damage ❑ Replace El Damage or wear ❑ T 11. Solid End Headwall No action necessary ❑X _t. Pulley Fits (external) Repair ❑ No damage ❑X Replace ❑ Damage or wear ❑� 12. Solid End Headwall No action necessary ❑X Internal Fits Repair ❑ No damage ❑X Replace ❑ Damage or wear ❑ z. 3 1 P a g e F-7.5.1-009-01 P:\Business Projects\14500-14999\14744-01 -City of Dubuque, IA - CS264 - Repair\Reports\14744-01,02 Repair Inspection Report.docx 9586 58th Place I Kenosha, WI 53144 USA 1 +1(262) 654-6006 1 info@centrisys-cnp.com I centrist's-cnp.com CNP- asubsidiaryofCentrifuge-Systems,LLC I ISO9001:2015 Page 569of8&32 ft � centrs wcnp� Item/Condition Recommended Action Notes Picture Control & scroll to enlarge pic 13. Solid End Headwall Needle No action necessary 0OW Bearing Inner Race Retainer Repair ❑ No damage 0 Replace ❑ s '� Damage or wear ❑ o 0 40 s 14. Solid End Headwall Seal Ledge No action necessary ❑x Repair ❑ _ 00 No damage ❑X Replace ❑ Damage or wear ❑ 15. Solid End Headwall No action necessary ❑X Idler Shaft Repair ❑ No damage ❑X Replace ❑ Damage or wear ❑ 16. Liquid End Headwall No action necessary ❑X r Inpro Seal Fits Repair ❑ No damage ❑X Replace ❑ Damage or wear ❑ .'� ` 17. Liquid End Housing Seal No action necessary ❑X Only if housing seals are present. Assembly Repair ❑ No damage ❑X Replace ❑ Damage or wear ❑ 1 4 1 P a g e F-7.5.1-009-01 P:\Business Projects\ 14500-14999\ 14744-01 - City of Dubuque, IA - CS26-4 - Repair\Reports\14744-01,02 Repair Inspection Report.docx 9586 58th Place I Kenosha, WI 53144 USA 1 +1(262) 654-6006 1 info@centrisys-cnp.com I centrist's-cnp.com CNP- asubsidiaryofCentrifuge-Systems,LLC I ISO9001:2015 Page 569of8&32 ftwcnp�centr Item/Condition Recommended Action Notes Picture Control & scroll to enlarge pic 18. Liquid End Headwall Main No action necessary ❑X Bearing Fit (External) Repair ❑ No damage ❑X Replace ❑ Damage or wear ❑ 19. Liquid End Headwall No action necessary ❑X Carrier Fits (External) Repair ❑ No damage ❑X Replace ❑ Damage or wear ❑ 20. Liquid End Headwall No action necessary ❑X r Weir Plate Assy's Repair ❑ No damage ❑X Replace ❑_ Damage or wear ❑ 21. Liquid End Headwall No action necessary ❑X Thrust Bearing Fit (Internal) Repair ❑ No damage ❑X Replace ❑ !� Damage or wear ❑ y �Ye 22. Liquid End Headwall No action necessary ❑X e Internal Labyrinth Ring Repair ❑ No damage ❑X Replace ❑ y Damage or wear ❑e. 5 1 P a g e F-7.5.1-009-01 P:\Business Projects\ 14500-14999\ 14744-01 - City of Dubuque, IA - CS26-4 - Repair\Reports\14744-01,02 Repair Inspection Report.docx 9586 58th Place I Kenosha, WI 53144 USA 1 +1(262) 654-6006 1 info@centrisys-cnp.com I centrisys-cnp.com CNP-a subsidiary of Centrifuge-Systems,LLC I IS09001:2015 Page 57(Yof8&32 ftwcnp�centr Item/Condition Recommended Action Notes Picture Control & scroll to enlarge pic 23. Liquid End Headwall No action necessary ❑X Scroll Retaining Plate Repair ❑ No damage ® Replace ❑ Damage or wear ❑ r r' 24. Liquid End Thrust Bearing No action necessary ❑X - Retainer Repair ❑ No damage ❑X Replace ❑ , Damage or wear ❑ .� t=: J4G 25. Scroll Balance ❑X Build upon barrel of scroll —Send for blast Replace all bearings &seals❑X Coarse media blast ❑X 26. Scroll Flights No action necessary 0 , No damage ❑X Repair ❑ _ r Damage or wear ❑ Replace ❑ 27. Scroll Tungsten Carbide No action necessary ❑X `r` Hard Facing Repair TC Hard facing ❑ No damage ❑X t_ Damage or wear ❑ 28. Scroll Tiles No action necessary ❑ No damage ❑ Repair ❑ Damage or wear ❑X Replace ❑X Add additional wear S, ' protection ❑ U 6 1 P a g e F-7.5.1-009-01 P:\Business Projects\ 14500-14999\ 14744-01 - City of Dubuque, IA - CS26-4 - Repair\Reports\14744-01,02 Repair Inspection Report.docx 9586 58th Place I Kenosha, WI 53144 USA 1 +1(262) 654-6006 1 info@centrisys-cnp.com I centrisys-cnp.com CNP-a subsidiary of Centrifuge-Systems,LLC I IS09001:2015 Page 57tof8&32 ftwcnp�centr Item/Condition Recommended Action Notes Picture Control & scroll to enlarge pic 29. Scroll Feed Nozzles No action necessary ❑X No damage ❑X Repair ❑ A Damage or wear ❑ Replace ❑ �, .4 k 30. Scroll Feed Chamber No action necessary ❑ No damage ❑ Repair ❑X Damage or wear ❑X Replace ❑ Solids build up ❑ Coarse media blast ❑X 31. Scroll Pre -Chamber No action necessary ❑X�'-, No damage ❑X Clean ❑ Damage or wear ❑ Repair ❑ Solids build up ❑ Add Prechamber Plate ❑ 32. Scroll Solid End No action necessary ❑X Needle Bearing Fits Repair ❑ No damage ❑X Replace ❑ Damage or wear ❑ Needle Bearing Failed ❑ 33. Needle Bearing No action necessary ❑X Retaining Plate Repair ❑ No damage ❑X Replace ❑ Damage or wear ❑ 1 14633 Mech Seals ❑X �'' ,• i .. 29765 AC Seals ❑ • 34. Needle Bearing Retaining No action necessary ❑X Spacer and Seal Mount Repair ❑ No damage ❑X Replace ❑ f Damage or wear ❑ Old Style #14672 ❑ t New Style #29040 ❑X - ' Update to #29040 ❑ �- 71Page F-7.5.1-009-01 P:\Business Projects\ 14500-14999\ 14744-01 - City of Dubuque, IA - CS264 - Repair\Reports\14744-01,02 Repair Inspection Report.docx 9586 58th Place I Kenosha, WI 53144 USA 1 +1(262) 654-6006 1 info@centrisys-cnp.com I centrisys-cnp.com CNP-a subsidiary of Centrifuge-Systems,LLC I IS09001:2015 Page 57Zof8&32 ft � centrs wcnp� Item/Condition Recommended Action Notes Picture Control & scroll to enlarge pic 35. Scroll Liquid End Thrust No action necessary ❑X ' Bearing Fits (Internal) Repair ❑ ,. No damage 0 Replace ❑ c Damage or wear ❑ r i`" D6d1 36. Spline Socket No action necessary ❑X No damage ❑X Repair ❑ Damage or wear ❑ Replace ❑ r 37. Pulley No action necessary ❑ = No damage ❑X Repair ❑ Damage or wear ❑ Replace ❑ Paint ❑X IL 38. Carrier #12408 6 Holes (Old/Disc.) No action necessary ❑ Repair ❑ . r �r #12408-R 12 Hole (MOD) Replace ❑X #17133 12 Holes (Diff. fits) Mod to 12 Holes ❑ No damage ❑ Damage or wear ❑X g Paint ❑ Preform 2 Fit Modification ❑ - 2 Fit Modification ❑I� i 39. Solid End Pillow Block No action necessary ❑ ,�'J No damage ❑X Repair ❑ • y Damage or wear ❑ Replace ❑ . Paint ❑X Update Oil Drains ❑ z 8 1 P a g e F-7.5.1-009-01 P:\Business Projects\ 14500-14999\ 14744-01 - City of Dubuque, IA - CS26-4 - Repair\Reports\14744-01,02 Repair Inspection Report.docx 9586 58th Place I Kenosha, WI 53144 USA 1 +1(262) 654-6006 1 info@centrisys-cnp.com I centrist's-cnp.com CNP- asubsidiaryofCentrifuge-Systems,LLC I ISO9001:2015 Page 571of8&32 ftwcnp�centr Item/Condition Recommended Action Notes Picture Control & scroll to enlarge pic 40. Main Bearing Cover Plate No action necessary ❑ ` Outer (SE) Repair ❑ No damage ® Replace ❑ Damage or wear ❑ Paint ❑X • ` 41. Main Bearing Cover Plate No action necessary ❑ Replace inpro seal Inner (SE) Repair ❑ No damage ❑X Replace ❑ ®► Damage or wear ❑ Paint ❑X 4 r 42. Liquid End Pillow Block No action necessary ❑ No damage ❑X Repair ❑ Damage or wear ❑ Replace ❑ Paint ❑X Update Oil Drains ❑ 43. Main Bearing Cover Plate No action necessary ❑ Outer (LE) Repair ❑ No damage ❑X Replace ❑Y rt.' Damage or wear ❑ Paint ❑X f: 44. Main Bearing Cover Plate No action necessary ❑ Replace inpro seal Inner (LE) Repair ❑ H; No damage ❑X Replace ❑ Damage or wear ❑ Paint ❑X 46 lee tot:�, ;.. 9 1 P a g e F-7.5.1-009-01 P:\Business Projects\ 14500-14999\ 14744-01 - City of Dubuque, IA - CS26-4 - Repair\Reports\14744-01,02 Repair Inspection Report.docx 9586 58th Place I Kenosha, WI 53144 USA 1 +1(262) 654-6006 1 info@centrisys-cnp.com I centrisys-cnp.com CNP-a subsidiary of Centrifuge-Systems,LLC I IS09001:2015 Page 57*of8&32 ftwcnp�centr Item/Condition Recommended Action Notes Picture Control & scroll to enlarge pic 45. Spline Shaft No action necessary ❑X No damage ❑X Repair ❑ �. . Damage or wear ❑ Replace ❑ 2 Fit Modification ❑ Preform 2 Fit Modification ❑' u 46. Rotodiff No action necessary ❑ - Leak test passed ❑ Leak & pressure tested ❑X Leak test failed ❑ Dismantle and clean ❑X - Contamination ❑ Bearings & seals replaced ❑X — — Metal flakes in oil ❑ Replace prox sensor ❑ Minor wear ❑x Replace sensor bracket ❑ Severe wear ❑ Paint ❑ Oil Sample sent for - analysis ❑ 47. Rotodiff Transfer Seal No action necessary ❑X No damage ❑ Replace ❑ Minor wear ❑X Severe wear ❑ 48. Rotodiff Sealing Rings No action necessary ❑X No damage ❑ Replace ❑ Minor wear ❑X Severe wear ❑ 49. Rotodiff Cam No action necessary ❑X No damage ❑ Recondition ❑ ; Minor wear ❑X Replace ❑ ' .r Severe wear ❑ i A, 50. Rotodiff Rotor No action necessary ❑ No damage ❑ Lap to clean up ❑ Minor wear ❑ Replace 20 pistons ❑X Severe wear ❑X Replace 20 rollers ❑X Replace entire rotor ❑ 51. Rotodiff Distributor No action necessary ❑ No damage ❑ Lap to clean up ❑X Minor wear ❑X Recondition ❑ Severe wear ❑ Replace ❑ 52. Rotodiff Stationary Shaft No action necessary ❑X No damage ❑X Repair ❑ Minor wear ❑ Replace ❑ Severe wear ❑ 10 1 P a g e F-7.5.1-009-01 P:\Business Projects\ 14500-14999\ 14744-01 - City of Dubuque, IA - CS26-4 - Repair\Reports\14744-01,02 Repair Inspection Report.docx 9586 58th Place I Kenosha, WI 53144 USA 1 +1(262) 654-6006 1 info@centrisys-cnp.com I centrisys-cnp.com CNP-a subsidiary of Centrifuge-Systems•LLC I IS09001:2015 Page 575of8&32 ftmcnpcentr� Item/Condition Recommended Action Notes Picture Control & scroll to enlarge pic 53. Rotodiff Shaft Extension No action necessary No damage ❑X Repair ❑ Minor wear ❑ Replace ❑ P9 Severe wear ❑ 54. Rotodiff Shaft Cap No action necessary No damage ❑ Repair ❑ Minor wear ® Replace ❑ Severe wear ❑ 55. NOTE: Very high operating temperature, pressure and especially contamination will adversely affect Rotodiff life expectancy. In severe conditions, increase oil change and filter interval to 2500-3000hrs. When oil filter vase has metallic particles in it and plugs frequently, DO NOT continue to run Rotodiff. Send Rotodiff in for inspection! Recommended Rotodiff inspection intervals are 15000 hours under normal operating conditions. If a badly worn Rotodiff is continuously run despite a plugged filter, a catastrophic failure can result and parts of the Rotodiff can be drawn in by the pump unit or plug up the suction strainer, if equipped, and cause the pump to fail as well. ALWAYS CLEAN THE TANK, REPLACE ALL FILTERS AND STRAINERS AND FLUSH THE HOSES WITH CLEAN OIL BEFORE STARTING THE UNIT AFTER A REPAIRED OR NEW ROTODIFF IS INSTALLED. THEN REPLACE FILTER AGAIN AFTER 200 HOURS. NOTE: Very high operating temperature, pressure and especially contamination will adversely affect Rotodiff life expectancy. In severe conditions, increase oil change and filter interval to 2500-3000hrs. When oil filter vase has metallic particles in it and plugs frequently, DO NOT continue to run Rotodiff. Send Rotodiff in for inspection! Recommended Rotodiff inspection intervals are 15000 hours under normal operating conditions. If a badly worn Rotodiff is continuously run despite a plugged filter, a catastrophic failure can result and parts of the Rotodiff can be drawn in by the pump unit or plug up the suction strainer, if equipped, and cause the pump to fail as well. ALWAYS CLEAN THE TANK, REPLACE ALL FILTERS AND STRAINERS AND FLUSH THE HOSES WITH CLEAN OIL BEFORE STARTING THE UNIT AFTER A REPAIRED OR NEW ROTODIFF IS INSTALLED. THEN REPLACE FILTER AGAIN AFTER 200 HOURS. 111Page F-7.5.1-009-01 P:\Business Projects\ 14500-14999\ 14744-01 - City of Dubuque, IA - CS26-4 - Repair\Reports\14744-01,02 Repair Inspection Report.docx 9586 58th Place I Kenosha, WI 53144 USA I +1(262) 654-6006 I info@centrisys-cnp.com I centrisys-cnp.com CNP-a subsidiary of Centrifuge-Systems,LLC I IS09001:2015 Page 57&,of 8fr32 cnp TERMS AND CONDITIONS OF PURCHASE These terms and conditions apply to all quotations, proposals, orders acknowledgements or confirmations and contracts of Centrisys (hereinafter "Equipment'). As used in these terms and conditions of sale, the word "Equipment" includes all hardware, parts, components, software and options. 1. ACCEPTANCE: Our sale to you is limited to and expressly made conditional on your assent to the terms and conditions of sale herein and, if applicable, on the attendant quotation, both of which form a part of this order and which supersede and reject all prior agreements, representations, discussions or negotiations, whether written or oral, with respect hereto and any conflicting or additional terms and conditions of yours, or any statement therein, whether or not signed by you. We will furnish only the quantities and Equipment specifically listed on our quotations, proposals, or order acknowledgements or confirmations. We assume no responsibility for the terms or conditions of, or for furnishing other equipment or material shown in, any plans and/or specifications for a project to which the equipment quoted or ordered herein pertain or refer. 2. PRICES: Unless otherwise specified in writing, all quoted prices are firm for thirty (30) days from the date of offer. Stenographic, clerical and mathematical errors are subject to correction. 3. DELIVERY: Dates for the furnishing of services and/or delivery or shipment of equipment are subject to change. Quoted lead times are figured from the date of receipt of complete technical data and approved drawings as such may be necessary. We shall not be liable, directly or indirectly, for any delay in or failure to deliver caused by carriers or delays from labor difficulties, shortages, strikes or stoppages of any sort failure or delay in obtaining materials from ordinary sources, fires, floods, storms, accidents, or other acts of God or force majeure, by any statute, regulation, administrative order or decree or order or judgment of a court of law or other causes beyond our reasonable control. Unless otherwise agreed to in writing by us, in no event shall we be liable for any damages or penalties whatsoever, or however designated, resulting from our failure to perform or delay in performing due to any of the causes specified in this paragraph 3. 4. SHIPMENT, RISK OF LOSS, TAXES: Prices are in US Dollars, F.O.B. Centrisys shipping point, unless otherwise noted. Our prices do not include federal, state, municipal or other government excise, sales, use, occupational, processing, transportation or like taxes now in force or enacted in the future. You shall pay any taxes we may be required to collect or pay now or at any time in the future (including interest and penalties imposed by any governmental authority), or any taxes you may be required to pay, that are imposed on the sale, delivery or support of equipment purchased or licensed as a part of this order, or you shall provide us with a tax exemption certificate acceptable to the appropriate taxing authority. 5. CREDIT AND PAYMENT: Unless otherwise noted on our quotation, proposal, or order acknowledgement or confirmation payment for equipment shall be thirty (30) days net. Pro Rata payments shall become due with partial shipments. Any discount period which may be granted by us begins on the invoice date and all payments are due thirty (30) days after the invoice date. All payments should be made without deduction, deferment, set-off, lien, or counterclaim of any nature. All amounts due not paid within the thirty (30) days after the date such amounts are due and payable shall bear interest at the lesser of 1.5 percent per month or the maximum rate of interest allowed by law. We reserve the right at any time to suspend credit or to change credit terms provided herein, when, in our sole opinion, your financial condition so warrants. Failure to pay invoices when such invoices are due and payable, at our election, shall make all subsequent invoices immediately due and payable irrespective of terms, and we may withhold all subsequent deliveries until the full account is settled. We shall not, in such event, be liable for delay of the performance or nonperformance of contract in whole or in part subsequent to such event. 6. CANCELLATIONS AND CHANGES: Orders which have been accepted by us are not subject to cancellation or changes in specification except upon prior written agreement by us and upon terms that will indemnify us against all losses resulting from or arising out of such cancellation or change in specifications. In the absence of such indemnification, we shall be entitled to recover al damages and costs of whatever nature permitted by the Uniform Commercial Code. 7. DEFFERED SHIPMENT: If shipment is deferred at your request, payment of the contract price shall become due when you are notified that the equipment is ready for shipment. If you fail to make payment or furnish shipping instructions we may either extend the time for doing so or cancel the contract. In case of deferred shipment at your request, storage and other reasonable expenses attributable to such delay shall be payable by you. Standard storage fee is $1,000 per month per unit, or as agreed upon. 8. BENEFICIAL OCCUPANCY: Final payment of the contract price must be received within ninety (90) days of delivery or within sixty (60) days of beneficial occupancy, whichever occurs first 9. EQUIPMENT WARRANTY AND REMEDY a. For new equipment only, we warrant to you that the equipment that is the subject of this sale is free from defects in design (provided that we have design responsibility), material and workmanship. The duration of this warranty is the earlier of twelve (12) months from startup or eighteen (18) months from notification of equipment being ready for shipment ("Warranty Period"). If you discover within the Warranty Period a defect in design, material or workmanship, you must promptly notify us in writing, preserving the equipment for our inspection. Within a reasonable time after such notification we will correct any such defect with either new or used replacement parts, at our option. Such repair, including both parts and labor, is at our expense. b. For repairs, parts and service provided by us, we warrant to you that the repairs, parts and service we provide to you will be free from defects in material and workmanship. The duration of this warranty is ninety (90) days from as applicable (i) the date which the machine required the repairs, parts or service is returned to you by us, (ii) the date or your receipt of the part, (iii) the date of 9586 58th Place I Kenosha, WI 53144 USA 1 +1(262) 654-6006 1 info@centrisys-cnp.com I centrisys-cnp.com CNP-asubsidiary ofCentrifuge-Systems,LLC I ISO9001:2015 Page 4 of 6 Page 577 of 853 cnp repair, if performed at your facility. If during this ninety (90) day period you discover a defect in the repairs, parts or service you must promptly notify us in writing. c. All warranty service is subject to our prior examination and approval and will be performed by us at your facility or at one of our service centers designated by us. All transportation to and from the designated service center will be at our expense. If we are unable to repair the equipment to conform to the warranty after a reasonable number of attempts, we will provide at our option, one of the following: (i) a replacement for such equipment, or (ii) a full refund of the purchase price. These remedies are your exclusive remedies for breach of warranty. Unless otherwise agreed in writing by us, our warranty extends only to you and is not assignable to or assumable by any subsequent purchaser, in whole or in part, and any such attempted transfer shall render all warranties provided hereunder null and void and of no other further force or effect. d. We will use all reasonable efforts to obtain for you any manufacturer's guarantees or warranties for any sub -assemblies included in the equipment. To the extent such warranties are assignable; we hereby assign to you all warranties that are granted to us by our suppliers of any sub -assemblies contained in the equipment. e. The warranties set forth above are inapplicable to and exclude (i) any product, components or parts not manufactured by us or covered by the warranty of another manufacturer, (ii) damage caused by accident or the negligence of you or any third party, normal wear and tear, erosion, corrosion or by disasters such as fire, flood, wind and lightning, (iii) damage caused by your failure to follow all installation and operation instructions or manuals or to provide normal maintenance, (iv) damage caused by unauthorized or improper installation of attachments, repairs or modifications, (v) damages caused by a product or component part which we did not design, manufacture, supply or repair, or (vi) any other abuse or misuse by you or any third party. f. EXCEPT AS SET FORTH IN SUBPARAGRAPHS (a) THROUGH (e) ABOVE, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 10. LIMITATION OF LIABILITY: In no event shall we be liable, and you hereby waive any claims against us and release us from liability to you, for any indirect, special, punitive, incidental, or consequential damages whatsoever based upon breach of warranty, breach of contract, strict tort, or any legal theory. Excluded damages include, but are not limited to, loss of profits, loss of savings or revenue, loss of use of the equipment or any associated equipment, cost of capital, cost of any substitute equipment, facilities or services, downtime, the claims of third parties including customers, and injury to property. This limitation does not apply to claims for personal injury. Some states do not allow limits on warranties, or on remedies for breach of certain transactions. In such states, certain of the limitations in this paragraph and subparagraph 8(c) do not apply. 11. OWNERSHIP: All drawings, designs, and specifications supplied by us have been prepared or assembled by us and is solely our property. Such drawings, designs and specifications have been furnished in order to provide full documentation and on the condition that they shall not be reproduced or copied in any manner whatsoever, in whole or in part, except for your internal use as necessary, and upon further condition that, as our sole property, they shall not be used, in whole or in part, for furnishing information to others or for any purpose not specifically authorized in writing signed by one of our corporate officers. These ownership provisions shall not be superseded by any printed form used in connection with or arising out of a sale induced by a proposal or otherwise. 12. PATENT INFRINGEMENT: (a) We warrant that the equipment in the condition sold to you is free of the rightful claim of infringement of any apparatus claims of any third party U.S. patent issued as of the date of our acknowledgement and acceptance of your order, and we will defend, indemnify and hold you harmless from such claims, provided, however, we make no express or implied warranties of non - infringement and undertake no indemnification in respect to third party rights where the alleged patent infringement is based upon or related to (i) any method, process or product claims in third party U.S. patent, (ii) any combination of the equipment with other equipment not supplied by us, (iii) any modifications of the equipment made by you and not approved by us. (b) You shall notify us within thirty (30) days of receipt of notice of an alleged third party patent infringement claim that would entitle you to patent infringement indemnification pursuant to paragraph 11 (a), and we shall thereupon assume defense of the claim at our expense. We shall have the sole right to settle or otherwise compromise a third party claim, including but not limited to the right to either (i) modify the equipment to avoid infringement if you are agreeable to the modification, (ii) repurchase the equipment from you at a price equal to the then current fair market value of the equipment, (iii) secure rights by the assignment or license to permit continued use of the equipment. (c) If a third party charges us with patent infringement relating to equipment sold by us to you, we shall have the right to either (i) modify the equipment to avoid infringement if you are agreeable to the modification, (ii) repurchase the equipment from you at a price equal to the then current fair market value of the equipment, (iii) secure rights by the assignment or license to permit continued use of the equipment. If a third party charges us with patent infringement on the basis set forth in paragraph 11 (a)(i), (ii) or (iii), you shall hold us harmless for all expenses and awards of damage against us, and we shall also have the right to modify or repurchase the equipment or to secure rights for continued use by way of assignment or license set forth in this paragraph. 13. SAFETY AND HEALTH STANDARDS: The equipment described herein (or on specifications provided herewith) complies with applicable safety and health standards issued pursuant to the Occupational Safety and Health Act of 1970 (the Act) and in effect on this date as such standards are interpreted and understood by us. These standards may be amended and/or their meaning may be clarified prior to shipment or performance, and if such changes or clarification requires changes in the equipment described herein, 9586 58th Place I Kenosha, WI 53144 USA 1 +1(262) 654-6006 1 info@centrisys-cnp.com I centrisys-cnp.com CNP-asubsidiary ofCentrifuge-Systems,LLC I ISO9001:2015 Page 5 of 6 Page 578 of 853 cnp we shall make the necessary changes available to you. You shall pay for any and all changes at our prices therefore in effect at time of shipment or performance, as the case may be. Because actual compliance by employers with the Act is beyond our control, we cannot and do not represent that the use of the equipment described herein, nor the location, installation or maintenance thereof, will comply with the Act or regulations and standards issued pursuant thereto. We make no representation of compliance with safety and health standards contained in any statute, regulations or ordinance of any state or political subdivision thereof applicable to the equipment described herein unless you have notified us of the existence and contents of such standards and we have agreed in writing to the incorporation of such standards in the specifications relating to such equipment. Nothing in this provision shall operate to modify or affect in any manner whatsoever our disclaimer of any liability for consequential damages contained elsewhere in these terms and conditions of sale. 14. INSPECTION: Upon prior written notice, you may make reasonable inspections of equipment at our facility. We reserve the right to determine the reasonableness of the request and to select an appropriate time and location for such inspection. You agree to execute appropriate confidentiality provisions upon our request prior to visiting our facility. All costs of inspection shall be solely determined by us and shall be payable by you. No inspection or expediting by you at the facilities of our suppliers is authorized. 15. SOFTWARE PROVISIONS: If software is provided hereunder, you are granted a nonexclusive, royalty free license only for your use of the software provided with our equipment. Under this license you may: (i) use our software in machine readable code only and only with the equipment provided, (ii) copy our software into any machine readable object code form for backup purposes in support of your use of our software on the equipment provided, and (iii) create one additional copy of the software for archival purposes only. This license may not be assigned, sublicensed or otherwise transferred by you with our prior written consent. You hereby recognize and acknowledge that the software provided to you hereunder comprises valuable trade secret and/or copyright property of Centrisys (or its licensor) and you covenant that you will take adequate precautions against access to the software by, or disclosure of the software to, anyone not authorized hereunder to use or have access to the software. 16. TIME LIMIT FOR BRINGING SUIT: Any action you file against us, whether for breach of contract, including but not limited to breach of warranty, or for negligence or strict tort, must be commenced within ninety (90) days following the expiration of the Warranty Period. 17. MODIFICATION OF TERMS: The terms and conditions set forth herein are an integral part of our quotation, proposal and/or order acknowledgement or confirmation. These terms shall not be deemed altered, modified or added to by printed or other "standard" terms in the purchase order, acceptance or similar document. Our confirmation or acknowledgement of any order is with the express understanding that all printed or other "standard" language on any such documents submitted by you will be entirely disregarded to the extent that it varies from the terms and conditions of this proposal/offer which may be modified only by typed or handwritten language in the body of you order, acceptance or similar document, together with a written acknowledgement and acceptance of such modification by us. 18. LIMITATION ON WARRANTIES: THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AN IMPLIED WARRANTY IF MERCHANTABILITY, AN IMPLIED WARRANTY OF FITNESS FOR A PARTICULARPURPOSE, AND AN IMPLIED WARRANTYOF NONINFRINGEMENT. WE HERBY EXPRESSLY EXCLUDE FORM THIS CONTRACT THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THE IMPLIED WARRANTY OF NONINFRINGEMENT, OUR WARRANTIES AND LIABILITIES HEREUNDER ARE LIMITED AS STATED HEREIN. 19. APPLICABLE LAW: Any controversy or claim arising out of the contract or the breach thereof shall be finally decided with binding effect on both parties by the courts of Wisconsin and in accordance with the laws of the State of Wisconsin, without giving effect to the provisions thereof relating to conflict of laws. THE EQUIPMENT AND PARTS DESCRIBED IN THESE TERMS AND CONDITIOINS OF SALE MAY CAUSE INJURY IF NOT OPERATED PROPERLY AND FOR THIS REASON ALL OPERATORS SHOULD BECOME THOROUGHLY FAMILIAR WITH THE OPERATING INSTRUCTIONS BEFORE OPERATING THE EQUIPMENT. Centrisys Contact Lance Pesola Regional Sales Manager 9586 58t" Place Kenosha, WI 53144 Ph: (262) 654-6006 Direct: (262) 234-1195 Email: Ipeso la(a_centrisys.us 9586 58th Place I Kenosha, WI 53144 USA 1 +1(262) 654-6006 1 info@centrisys-cnp.com I centrisys-cnp.com CNP-asubsidiary ofCentrifuge-Systems,LLC I ISO9001:2015 Page 6 of 6 Page 579 of 853 EXHIBIT C INSURANCE SCHEDULE G Vendor shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description 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 the Finance Department of the City of Dubuque. 4. The service provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Director of Finance and Budget. The service provider must identify or list in writing all deviations and exclusions from the ISO form. 8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this agreement's required limits. 9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Vendor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Vendor. 10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number, and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to written mutual agreement attached hereto. Page 13 of 20 Page 580 of 853 INSURANCE SCHEDULE G (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others endorsement. 7) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, 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. Coverage B limits shall be greater if required by the umbrella/excess insurer OR If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers' Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 14 of 20 Page 581 of 853 INSURANCE SCHEDULE G (continued) C) POLLUTION LIABILITY Coverage required: —Yes X No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) or its equivalent and CG 20 37(competed operations). 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. D) PROFESSIONAL LIABILITY $1,000,000 Coverage required: _ Yes X No If the required policy provides claims -made coverage 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. E) CYBER LIABILITY/BREACH $1,000,000 Coverage required: _ Yes X No Coverage for First and Third Party breach liability including but not limited to lost data and restoration, loss of income and cyber breach of information. F) UMBRELLA/EXCESS $1,000,000 Coverage required: _ Yes X No The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. Page 15 of 20 Page 582 of 853 Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 16 of 20 Page 583 of 853 CITY OF DUBUQUE, IOWA 2026 DOCKING AGREEMENT OWNER CUSTOMER NAME City of Dubuque NAME American Cruise Lines ADDRESS 50 W. 13th Street ADDRESS 741 Boston Post Road CITY, ST, ZIP Dubuque, Iowa 52001 Suite 200 CONTACT Haley Francke CITY, ST, ZIP Guilford, CT 06437 TELEPHONE (563) 589-4385 CONTACT Eric Dussault FACSIMILE (563) 589-4391 TELEPHONE (203) 453-6800 E-MAIL FACSIMILE (202) 453-0417 hfrancke(@cityofdubugue.org E-MAIL : eric.dussault(a�americancruiselines.com FACILITY RATES/CHARGES Port of Dubuque — American Trust River's Edge No cash charge. The parties hereto agree that sole Plaza consideration shall be the economic benefit to the community surrounding the Facility derived from the passengers' visit to such community. DESCRIPTION/PURPOSE OF ACCESS/USE The Facility will be utilized to embark and disembark passengers, to receive supplies and fuel aboard the boat, to off-load trash for proper shore side disposal, to perform maintenance work of a minor nature, and other such activities that are consistent with the operation of an up -scale overnight excursion vessel. 1. Basic Agreement: In consideration of the Rates/Charges referenced in the relevant box above, Owner hereby grants to Customer access to and the use of the Facility defined above, for the purposes described above. The grant of access herein is on a first -come first served basis and does not constitute a guarantee that the Facility will be available to the Customer at any particular time. Customer is encouraged to coordinate its use of the Facility with other users. Owner acknowledges Customer's Notice of Docking Dates, attached hereto as Exhibit A. In the event that Customer's Docking Dates change from dates provided in Exhibit A, Customer must notify Owner in writing of such changed dates no later than thirty (30) days from Customer's receipt of notice of changed Docking Dates. If such thirty (30) day notice cannot be provided, Customer must notify Owner of changed Docking Dates as soon as possible. 2. Safety and Notifications: Customer shall be responsible for ensuring that its employees, contractors and invitees comply with applicable laws and obey any written safety rules provided by Owner. Customer shall not intentionally interfere with other operations or create any danger or safety hazard at the Facility. Customer shall notify Owner if it believes there are any safety or suitability problems, and in such an event the parties agree to fully cooperate and resolve the same to their mutual satisfaction. Formal Notices shall be addressed to the Contact defined above for each of the parties and may be given by e- mail, facsimile, or by mail. Notices will be deemed to have been received upon the production of a relevant receipt document. 3. Liability and Indemnity: Each party agrees to be responsible for, and indemnify and hold harmless the other of and from (including legal fees and costs), any loss, damage, expense, claim, liability, suit, fine and/or penalty applicable to (i) such party's employees, contractors, invitees and guests, and (ii) the owned, leased or chartered vessels, equipment or other personal property of such party and/or its employees, contractors, invitees and guests, howsoever caused and regardless of fault, which in any way arises out of Page 584 of 853 or relates to the Facility or Customer's access thereto and/or use thereof. Each party agrees to waive any immunity from suit and/or exclusivity of remedy pursuant to any workers compensation act or similar law in furtherance of the foregoing indemnity for employee injury claims. For purposes hereof, any passenger of Customer shall be deemed Customer's invitee/guest but only while aboard Customer's vessel, and/or while embarking or disembarking Customer's vessel on Customer -provided equipment. With respect to all other matters, each party agrees to be responsible for, and indemnify and hold harmless the other of and from (including legal fees and costs), all loss, damage, expense, claim, liability and/or suit to the extent caused by its negligence or other legal fault. 4. Insurance: Customer shall maintain during the Term of this Agreement insurance as provided in the attached Insurance Schedule S. Owner shall maintain during the Term of this Agreement Owner's membership in the Iowa Communities Assurance Pool or obtain general liability insurance with equivalent coverage. The parties shall exchange insurance certificates evidencing all of the foregoing insurances and conditions upon execution of this Agreement and from time to time thereafter, as may be requested. Should a party fail to maintain (or cause to be maintained) an insurance as required, if an insurance fails for any reason (including without limitation due to breach of condition or warranty), and/or if an insurer refuses and/or is unable to pay, the party required to maintain such insurance above shall be deemed a self -insurer thereof, accept and pay all claims which would have otherwise been submitted, and indemnify and hold harmless the other of and from (including legal fees and costs) any loss, damage, expense, claim, liability, suit, fine and/or penalty resulting from such failure. 5. Utilities: If any utilities are available at the Facility and Customer elects to connect to and/or utilize such utilities during its visit, Customer agrees to be responsible for and to pay any and all connection and/or usage charges. 6. Refuse and Garbage Removal. Customer shall not store any refuse or garbage at the Facility for any length of time and shall make arrangements for the prompt removal of refuse and garbage from the Facility. If Customer fails to promptly remove refuse and garbage from the Facility, Owner reserves the right to prohibit removal of refuse and garbage upon Customer's docking at the Facility. 7. Term of Agreement: This Agreement shall commence upon its date of execution, shall have a term of one year. 8. Governing Law. This Agreement shall be governed by the general maritime law of the United States or, if no general maritime rule of law applies, then by the laws of the state of Iowa. 9. Default. If Customer fails to comply with any of the provisions of this Agreement within seven (7) days after notice of noncompliance from Owner, Owner may terminate this Agreement. 10. Entire Agreement. This Agreement may be executed in counterparts and/or by electronic exchange of signatures, with all such counterparts deemed the same single agreement and signatures exchanged by electronic means deemed equivalent to original signatures. This constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, written and oral. This Agreement shall not be modified except through a writing signed by both parties. Page 585 of 853 Dated this 15th day of June Owner /'�/ 0 24lad il.,^ Au onzed Signature , Michael C. Van Milligen, City Manager Printed Name and Title 2026 Customer Authorized Signature Eric Dussault, Director of Port Development Printed Name and Title Page 586 of 853 City of Dubuque Insurance Requirements for Docking of Commercial Vessels INSURANCE SCHEDULE S Operator shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to contract inception and at the end of the contract if the term of contract is longer than 60 days. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project # or Lease of premises at 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. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide minimum coverage 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. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. The Operator shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If the Operator's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. 7. Whenever an ISO form is referenced the current edition of the form must be used. 8. Lessee, license & permittees 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. 9. All certificates of insurance must include agents name, phone number, and email address. 10. 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. 11. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to written mutual agreement attached hereto. Page 1 of 4 Schedule S Docking Of Commerical Vessels December 2024 Page 587 of 853 City of Dubuque Insurance Requirements for Docking of Commercial Vessels INSURANCE SCHEDULE S (continued) Exhibit I A) PROTECTION & INDEMNITY LIABILITY $2,000,000 1) Coverage shall be written on an occurrence, not claims made, form. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include endorsement to preserve Governmental Immunity. (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. 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) WORKERS' COMPENSATION, LHWCA & 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. Longshoreman and Harbor Workers Compensation Act Coverage. Coverage B limits shall be greater if required by the umbrella/excess insurer OR If, by Iowa Code Section 85.1A, the lessee, license & permittees is not required to purchase Workers' Compensation Insurance, the lessee, license & permittees 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 (including transit) Coverage required: _ Yes _ No General Aggregate Limit $4,000,000 Each Occurrence limit $2,000,000 Page 2 of 4 Schedule S Docking Of Commerical Vessels December 2024 Page 588 of 853 City of Dubuque Insurance Requirements for Docking of Commercial Vessels 1) Policy shall include an 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. 2) Provide evidence of coverage for 5 years after completion of project. 3) Include Preservation of Governmental Immunities endorsement. (Sample attached). 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. D) UMBRELLA/EXCESS LIABILITY: $5,000,000 The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non- contributory in favor of the City. Page 3 of 4 Schedule S Docking Of Commerical Vessels December 2024 Page 589 of 853 City of Dubuque Insurance Requirements for Docking of Commercial Vessels Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 4 of 4 Schedule S Docking Of Commerical Vessels December 2024 Page 590 of 853 AC40R" CERTIFICATE OF MARINE / ENERGY INSURANCE DAT3/6/2026YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McGill Global Risk Solutions LLC 75 Rockefeller Plaza, Suite 23B 15 West 51 st Street CONTACT PHONE FAX /c No): A/c No Ext : 212-796-5550 A/C. ADDRESS: certificates@mcgillpartners.com New York NY 10019 PRODUCER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # License* 1575613 INSURED American Cruise Lines, Inc. 741 Boston Post Rd, Ste. 200 INSURER A: Multi Carrier Schedule INSURER B : The United Kingdom Mutual Steam Ship Assurance INSURERC: Trumbull Insurance Company 27120 Guilford, CT 06437-2743 INSURER D : National Casualty Company 11991 INSURER E : Signal Mutual Indemnity Association 6331 INSURER F : COVERAGES CERTIFICATE NUMBER:1594651264 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A HULL AND MACHINERY COLLISION LIABILITY TOWERS LIABILITY X War Risk B174013288TL26000 2/20/2026 8/20/2027 X PER SCHEDULE ON FILE INSURED VALUE $ COLLISION (Ea occurrence) $ TOWERS (Ea occurrence) $ $ B PROTECTION AND INDEMNITY CREW LIABILITY �X JONESACT COLLISION LIABILITY TOWERS LIABILITY REMOVAL OF WRECK IN REM POLLUTION 9718 2/20/2026 2/20/2027 X PER CLUB RULES X EAOCCURRENCE PER VESSEL CSL $ X COLLISION (Ea occ), CSL $ X TOWERS (Ea ore), CSL $ X REMOVAL OF WRECK Ea occurrence $ X $ X $1,000,000,000 $ POLLUTION LIABILITY OPA 90 CERCLA NON-OPA / NON-CERCLA EAOCCURRENCE $ $ $ $ MARITIME EMPLOYERS LIABILITY ALTERNATE EMPLOYER INCLUDES CREW EMPS JONES ACT DEATH ON THE HIGH SEAS IN REM ENDORSEMENT N / A ANY ONE PERSON $ ANY ONE ACCIDENT $ $ $ $ $ $ $ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Dubuque 50 W. 13th Street Dubuque IA 52001 AUTHORIZED REPRESENTATIVE Page 1 of 2 @ 2012-2015 ACORD CORPORATION. All rights reserved. ACORD 31 (2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE Page 591 of 853 COVERAGES CERTIFICATE NUMBER: 1594651264 INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP POLICY NUMBER MMIDD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY MARINE GENERAL LIABILITY CLAIMS -MADE F�7] OCCUR AGGREGATE LIMIT APPLIES PER: POLICY JE � F LOC OTHER: Y Y NY26LIAZOG5JD02 2/20/2026 8/20/2027 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES Ea occurrence $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L PRODUCTS -COMP / OP AGG $ 1,000,000 $ $ C AUTOMOBILE LIABILITY X ANY AUTO SCHEDULED AUTOS OWNED NON -OWNED AUTOS ONLY AUTOS ONLY HIRED Y 83UENBN6FKA 2/20/2026 2/20/2027 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ D WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y� OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below ALTERNATE EMPLOYER USL&H ENDORSEMENT MARITIME EMPLOYERS LIABILITY OCSL ACT N/A WCSIG35054701 10/1/2025 10/1/2026 ® PER E:iOTH- STATUTE ER E.L. (Each accident) $ 1,000,000 E.L. DISEASE (Ea employee) $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 $ $ $ $ E COMPENSATONACT HARBOR WORKERS ALTERNATE EMPLOYER MARITIME EMPLOYERS LIABILITY OCSL ACT N/A 58100 10/1/2025 9/30/2026 ® PER E:iOTH- STATUTE ER E.L. (Each accident) $ 1,000,000 E.L. DISEASE (Ea employee) $ 1,000,000 E.L. DISEASE -ANN AGG $ 1,000,000 AIRCRAFT LIABILITY OWNED AIRCRAFT NON -OWNED AIRCRAFT PASSENGER LIABILITY EACH OCCURRENCE $ AGGREGATE $ $ $ A UMBRELLA / EXCESS LIAB / BUMBERSHOOT UMBRELLA BUMBERSHOOT EXCESS CLAIMS MADE �X OCCUR DED X RETENTION $ 0 NY26LIAZOG5JD03 2/20/2026 8/20/2027 EACH OCCURRENCE $ 4,000,000 X AGGREGATE $ 4,000,000 X $ $ $ ENERGY CONTROL OF WELL/OPERATORS EXTRAEXPENSE CARE, CUSTODY AND CONTROL (CCC) OFFSHORE OIL AND GAS PROPERTY PLATFORMS PIPELINES ONSHORE OIL AND GAS PROPERTY OIL & GAS PROPERTY CONTRACTORS EQUIPMENT NAMED WINDSTORM CCC gHORE SHORE CSL, ANY ONE OCCURRENCE (100% interest) $ ANY ONE OCCURRENCE 100 % interest $ VALUES AS SCHEDULED $ VALUES AS SCHEDULED $ VALUES AS SCHEDULED $ VALUES AS SCHEDULED $ AGGREGATE $ VESSEL(S): AS PER ATTACHED SCHEDULE AS DETAILED IN THE DESCRIPTION OF OPERATIONS DESCRIPTION OF OPERATIONS / LOCATIONS (ACORD 101, Additional Remarks Schedule, may be attached, if more space is required) The City of Dubuque is included as an Additional Insured as respects Marine General Liability and Auto Liability, where required by written contract, pursuant to and subject to the policy's terms, definitions, conditions and exclusions on a primary and non-contributory basis. Waiver of Subrogation applies in favor of The City of Dubuque as respects Marine General Liability, where required by written contract, pursuant to and subject to the policy's terms, definitions, conditions and exclusions. 30-day notice of cancellation except for 10 days for non-payment of premium per the policy terms and conditions. ACORD 31 (2016/03) Page 2 of 2 Page 592 of 853 • • origin design` Task Order No. 26-03 Origin Design Co. (CONSULTANT) Project No: 2600601 Pursuant to Master Services Agreement dated February 16, 2023 CLIENT: City of Dubuque Task Information Task Name: FEMA BRIC Grant Assistance Task Description: The City of Dubuque intends to pursue a FEMA BRIC Grant through the State of Iowa Homeland Security and Emergency Management offices to fund multiple project segments for 171n Street, W Locust Street, and Kaufmann Ave. The pursuit of this grant will require a Benefit Cost Analysis (BCA) to be prepared utilizing the FEMA BCA tool. Preparation of the BCA will be led by AECOM with support from CONSULTANT and Strand. Scope of Services Perform various tasks as requested by CLIENT and/or AECOM associated with completion of the BCA for the FEMA BRIC Grant application. CLIENT will be made aware of tasks requested by AECOM for completion by CONSULTANT prior to commencing work on such tasks. This work will not include any design. Schedule The fully completed initial application template is due by May 22, 2026, and the final draft is due by July 15, 2026. Compensation CLIENT shall compensate CONSULTANT as follows: Services under this Task Order shall be performed at standard hourly rates, with an estimated fee of $40,000.00 (Forty thousand dollars and zero cents) The standard hourly rates charged constitute full and complete compensation for the Consultant's services, including labor costs, overhead, and profit. Standard hourly rates do not include reimbursable expenses. Client shall reimburse Consultant for Reimbursable Expenses directly related to the scope of services performed under this Agreement, using the rates set forth in Appendix 1 when applicable. DUBUQUE OFFICE 137 Main Street, Ste. 100 Dubuque, Iowa 52001 origindesign.com 800 556-4491 Page 593 of 853 Master Services Agreement, City of Dubuque Page 2 of 2 The amounts payable to Consultant for Reimbursable Expenses will be the Project -related internal expenses actually incurred or allocated by Consultant, plus all invoiced external Reimbursable Expenses allocable to the Project, the latter multiplied by a factor of 1.1. Consultant may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered, but compensation will not exceed the total estimated compensation amount unless approved in writing by Client. The Standard Hourly Rates and Reimbursable Expenses Schedule will be adjusted annually (as of January 1st) to reflect equitable changes in the compensation payable to Consultant. CONSULTANT: Origin Design Co. 14ev� *-%� Katrina Hecimovic, PE Transportation & Mobility Team Leader Date: 05/19/26 CLIENT: City of Dubuque, Iowa v Michael C. Van Milligen, City Manager CONSULTANT: Origin Design Co. Lauren Ray, PE SE Vice President/Secretary Date: 05/19/26 Date Page 594 of 853 a 1 :1 Q FA 0.1.04 Ke1�•7i� City of Dubuque - Engineering Dept. Activity Type/ Task Type Task Order No. 26-03 FEMA BRIC Grant Assistance Overall project manager and principal efforts Professional Engineer III Professional Engineer III Project Support Specialist Bi-Weekly Client progress meetings April - July 2026 Professional Engineer III Professional Enaineer III Topographic Survey, Data Analysis providing information Total Task Order 26-03 istance Project Status/ Resource >: Ongoing >: Ongoing Andy Goed ken Katrina Hecimovic Amanada Kennedy Ongoing Marc Ruden Andy Goed ken Katrina Hecimovic 95% Complete 5/19/2026 Work Breakdown Origin Hours Billing Rate Contra]Subtotals Task 223.0 1 1 $ 38,886 32.0 $ $ $ 7,642; 5880 1470 292 11,080 3240 4900 2940 20,164 $8 000 $11,500 $20 500 24 245.00 6 245.00 2 146.00 44.0 12 270.00 20 245.00 12 245.00 147.0 Professional Land Surveyor 1 Gabe Bonn 16 193.00 3088 Survey Tech III Christopher A. Huseman 11 133.00 1463 Survey Tech III Jeff Winter 7 145.00 1015 Survey Tech II Drake Marti 15 123.00 1845 Survey Tech III Mark C. Nickolas 36 133.00 4788 Suvery Tech I Derrek Hall 35 102.00 3570 Engineering Designer III Macy Mislivecek 6 190.00 1140 Engineering Designer I Alex Kerr 21 155.00 3255 $40,000.00 Page 595 of 853 CITY OF DUBUQUE 2026 DOCKING AGREEMENT OWNER CUSTOMER NAME City of Dubuque NAME :Celebration Belle ADDRESS 50 W 131" Street ADDRESS :2501 River Drive CITY, ST, ZIP Dubuque, Iowa 52001 CITY, ST, ZIP :Moline, IL 61265 CONTACT Haley Francke CONTACT Scott Schadler TELEPHONE 563-589-4385 Alice Cameron FACSIMILE 563-589-4391 TELEPHONE 309-764-1952 x101 E-MAIL FACSIMILE 309-764-6088 hfrancke@cityofdubuque.org 24HR BOAT CONTACT NUMBER SCOTT - CELL — 563-340-3300 ALICE - CELL — 563-650--0087 E-MAIL SCOTT@CELEBRATIONBELLE.COM ALICE(@_CELEBRATIONBELLE.COM BOAT: Celebration Belle FACILITY RATES/CHARGES Port of Dubuque — Alliant Plaza Docking Facility No cash charge. The parties hereto agree that sole consideration shall be the economic benefit to the community surrounding the Facility derived from the passengers' visit to such community. DESCRIPTION/PURPOSE OF ACCESS/USE The Facility will be utilized to embark and disembark passengers, to receive supplies and fuel aboard the boat, to off-load trash for proper shore side disposal, to perform maintenance work of a minor nature, and other such activities that are consistent with the operation of an up -scale overnight excursion vessel. 1. Basic Agreement: In consideration of the Rates/Charges referenced in the relevant box above, Owner hereby grants to Customer access to and the use of the Facility defined above, for the purposes described above. The grant of access herein is on a first -come first served basis and does not constitute a guarantee that the Facility will be available to the Customer at any particular time. Customer is encouraged to coordinate its use of the Facility with other users. Owner acknowledges Customer's Notice of Docking Dates, attached hereto as Exhibit A. In the event that Customer's Docking Dates change from dates provided in Exhibit A, Customer must notify Owner in writing of such changed dates no later than thirty (30) days from Customer's receipt of notice of changed Docking Dates. If such thirty (30) day notice cannot be provided, Customer must notify Owner of changed Docking Dates as soon as possible. 2. Safety and Notifications: Customer shall be responsible for ensuring that its employees, contractors and invitees comply with applicable laws and obey any written safety rules provided by Owner. Customer shall not intentionally interfere with other operations or create any danger or safety hazard at the Facility. Customer shall notify Owner if it believes there are any safety or suitability problems, and in such an event the parties agree to fully cooperate and resolve the same to their mutual satisfaction. Formal Notices shall be addressed to the Contact defined above for each of the parties and may be given by e-mail, facsimile, or by mail. Notices will be deemed to have been received upon the production of a relevant receipt document. 041012bal Page 596 of 853 3. Liability and Indemnity: Each party agrees to be responsible for, and indemnify and hold harmless the other of and from (including legal fees and costs), any loss, damage, expense, claim, liability, suit, fine and/or penalty applicable to (i) such party's employees, contractors, invitees and guests, and(ii) the owned, leased or chartered vessels, equipment or other personal property of such party and/or its employees, contractors, invitees and guests, howsoever caused and regardless of fault, which in any way arises out of or relates to the Facility or Customer's access thereto and/or use thereof. Each party agrees to waive any immunity from suit and/or exclusivity of remedy pursuant to any workers compensation act or similar law in furtherance of the foregoing indemnity for employee injury claims. For purposes hereof, any passenger of Customer shall be deemed Customer's invitee/guest but only while aboard Customer's vessel, and/or while embarking or disembarking Customer's vessel on Customer -provided equipment. With respect to all other matters, each party agrees to be responsible for, and indemnify and hold harmless the other of and from (including legal fees and costs), all loss, damage, expense, claim, liability and/or suit to the extent caused by its negligence or other legal fault. 4. Insurance: Customer shall maintain during the Term of this Agreement insurance as provided in the attached Insurance Schedule S. Owner shall maintain during the Term of this Agreement Owner's membership in the Iowa Communities Assurance Pool or obtain general liability insurance with equivalent coverage. The parties shall exchange insurance certificates evidencing all of the foregoing insurances and conditions upon execution of this Agreement and from time to time thereafter, as may be requested. Should a party fail to maintain (or cause to be maintained) an insurance as required, if an insurance fails for any reason (including without limitation due to breach of condition or warranty), and/or if an insurer refuses and/or is unable to pay, the party required to maintain such insurance above shall be deemed a self -insurer thereof, accept and pay all claims which would have otherwise been submitted, and indemnify and hold harmless the other of and from (including legal fees and costs) any loss, damage, expense, claim, liability, suit, fine and/or penalty resulting from such failure. 5. Utilities: If any utilities are available at the Facility and Customer elects to connect to and/or utilize such utilities during its visit, Customer agrees to be responsible for and to pay any and all connection and/or usage charges. 6. Refuse and Garbage Removal. Customer shall not store any refuse or garbage at the Facility for any length of time and shall make arrangements for the prompt removal of refuse and garbage from the Facility. If Customer fails to promptly remove refuse and garbage from the Facility, Owner reserves the right to prohibit removal of refuse and garbage upon Customer's docking at the Facility. 7. Term of Agreement: This Agreement shall commence upon its date of execution, shall have a term of one year, and shall, absent Notice from one party hereto to another party hereto sixty (60) days or more in advance of the then -current termination date, automatically renew for an additional one year term. 8. Governing Law. This Agreement shall be governed by the general maritime law of the United States or, if no general maritime rule of law applies, then by the laws of the state of Iowa. 9. Default. If Customer fails to comply with any of the provisions of this Agreement within seven (7) days after notice of noncompliance from Owner, Owner may terminate this Agreement. 10. Entire Agreement. This Agreement may be executed in counterparts and/or by electronic exchange of signatures, with all such counterparts deemed the same single agreement and signatures exchanged by electronic means deemed equivalent to original signatures. This constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, written and oral. This Agreement shall not be modified except through a writing signed by both parties. 2 Page 597 of 853 DATED THIS , _ DAY O Owner Customer v Au orized Signature Michael C. Van Mini en, City Manager Printed. Name and Title Authorized Signature VC L Printed Name and Title 0 wt)6R/N7, Page 598 of 853 City of Dubuque Insurance Requirements for Docking of Commercial Vessels INSURANCE SCHEDULE S Operator shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to contract inception and at the end of the contract if the term of contract is longer than 60 days. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project # or Lease of premises at 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. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide minimum coverage 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. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. The Operator shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If the Operator's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. 7. Whenever an ISO form is referenced the current edition of the form must be used. 8. Lessee, license & permittees 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. 9. All certificates of insurance must include agents name, phone number, and email address. 10. 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. 11. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to written mutual agreement attached hereto. Page 1 of 4 Schedule S Docking Of Commerical Vessels December 2024 Page 599 of 853 City of Dubuque Insurance Requirements for Docking of Commercial Vessels INSURANCE SCHEDULE S (continued) Exhibit I A) PROTECTION & INDEMNITY LIABILITY $2,000,000 1) Coverage shall be written on an occurrence, not claims made, form. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include endorsement to preserve Governmental Immunity. (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. 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) WORKERS' COMPENSATION, LHWCA & 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. Longshoreman and Harbor Workers Compensation Act Coverage. Coverage B limits shall be greater if required by the umbrella/excess insurer OR If, by Iowa Code Section 85.1A, the lessee, license & permittees is not required to purchase Workers' Compensation Insurance, the lessee, license & permittees 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 (including transit) Coverage required: _ Yes _ No General Aggregate Limit $4,000,000 Each Occurrence limit $2,000,000 Page 2 of 4 Schedule S Docking Of Commerical Vessels December 2024 Page 600 of 853 City of Dubuque Insurance Requirements for Docking of Commercial Vessels 1) Policy shall include an 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. 2) Provide evidence of coverage for 5 years after completion of project. 3) Include Preservation of Governmental Immunities endorsement. (Sample attached). 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. D) UMBRELLA/EXCESS LIABILITY: $5,000,000 The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non- contributory in favor of the City. Page 3 of 4 Schedule S Docking Of Commerical Vessels December 2024 Page 601 of 853 City of Dubuque Insurance Requirements for Docking of Commercial Vessels Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 4 of 4 Schedule S Docking Of Commerical Vessels December 2024 Page 602 of 853 �® CERTIFICATE OF LIABILITY INSURANCE IY DATE (MMIDDYYY) 1/1212026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER HUB International Iowa dba Ruhl & RUN Insurance 212 Brady Street Suite 4B CONTACT NAME: Mark Rogers PHONE 563 823-6731 FAX No E-MAIL ADDREss: rnark.ragers@hubinternational.com INSURER(S) AFFORDING COVERAGE NAIC1i Davenport IA 52801 INSURER A: Atlantic Specialty Ins. Co. 27154 INSURED SCHAENT-04 SChadler Enterprises Inc. Celebration River Cruises, Inc. INSURER B : United Fire & Casualty Company 13021 INSURERC: IIIIn01S Casualty Company 15571 INSURER D : Water Quality Insurance Syndicate 2501 River Drive Moline IL 61265-1671 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER:731418019 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT- TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OPINSURANCE ADDL SUBR POLICY NUMBER POLICY EFF fMMIDDIYYYYI POLICY EXP JMMIDDIYYYYILIMITS A X COMMERCIAL GENERAL LIABILITY B5JH41161 1/1/2026 1/112027 EACH OCCURRENCE $1,000,000 CLAIMS -MADE a OCCUR AMAGE TO RENT PREMISES Ea occurrence $ 50,000 X MED EXP (Any one person) $ 5,000 5,000 X Prot & Indemnity PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ❑ PRO a JECT LOC PRODUCTS- COMP/OP AGG $1,000,000 1 $ OTHER: B AUTOMOBILE LIABILITY 10049790261 1/1/2026 1/1/2027 COMBINED SINGLE LIMIT Ea accident $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS IAUTOS BODILY INJURY (Per accident) $ X HIRED X NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ $ A X UMBRELLALIAB rd OCCUR B5JH41162 1/1/2026 1/1/2027 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAR CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER E.L. EACH ACCIDENT $ ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICERIMEMBEREXCLUDED7 NIA E.L. DISEASE - EA EMPLOYEE S (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C. D LIquorLiability Pollution Liability LL61114 6081532 4/1/2025 1/1/2026 4/1/2026 1/1/2027 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Port of Dubuque - Alliant Plaza Docking Facility City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees.and volunteers are included as Additional Insureds, on a primary and non-contributory basis for the ongoing operations by the named insured and subject to policy terms, forms and conditions. A Non -Waiver of Governmental Immunity and Per Location General Aggregate applies in favor of the City of Dubuque. A Waiver of Subrogation applies to the workers compensation shown above, subject to terms, forms and conditions. Protection & Indemnity coverage applies with a $1,000,000 Occurrence limit with Umbrella coverage following form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Dubuque 50 W. 13th Street AUTHORIZED REPRESENTATIVE Dubuque IA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD e 603 of 853