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Signed Contracts
City of Dubuque City Council CONSENT ITEMS # 10. Copyrighted August 3, 2026 ITEM TITLE: Signed Contracts SUMMARY: Clockwork Partners to provide and service viewing towers at Eagle Point Park; East Central Intergovernmental Association for the EPA FY26 Brownfield Assessment Grant; Eastern Iowa Excavating & Concrete, LLC for the 9th St. Brick Removal and Pave; Eastern Iowa Excavating & Concrete, LLC for the Greyhound Park Water Main Looping Project; EMS Industrial, Inc — Energetics & Badger Electric Motor for Port Ramp Compressor Repairs; F & W Service Company for Inspections on Mechanic Shop Lift; Geograph for Crescent Link Tier 1 Annual Enterprise Site Subscription; HDR Engineering, Inc. for Task Order Nine for the EW Corridor BUILD Grant Support; Kruser Septic Service for WRRC Primary Clarifier Cleaning; Lange Sign Group for the Five Flags Digital Sign Replacement; Leslein Trucking for Lime Residuals (Lime Sludge) Removal, Hauling, Transportation, Storage and Disposal Services 2026; Oak View Group for August 12, 2026 Event; Site Access Agreement with Holy Family Catholic Schools; TSYS Merchant Solutions, LLC for Amended Rates. SUGGUESTED Receive and File DISPOSITION: ATTACHMENTS: 1. 26_07_15 F and W Short Form General Service Contract Approval 2. 26_07_15 Clock Work Short Form General Service Contract Approval 3. 26_07_17 Request to Sign Contract 9th Street Brick Removal and Pa 4. 26_07_14 Request for Signature Award Contract Greyhound Park Road 5. ECIA Contract 6. 26_07_17 Short Form Vendor Agreement EMS Industrial 7. 26_07_17 Primary Clarifier and Grit Removal Cleaning for June Rai 8. 26_07_21 HDR Task Order 9 EW Corridor BUILD Assistance Agreement (20) 9. 26_07_23 Memo MVM Five Flags Digital Sign Board Replacement (77) 10. 26_07_23 Request to sign Software License and Support Agreement w 11. 26_07_27 Eagle Point WTP Lime Sludge Hauling Award of Contract FY 12. Finalized Agreement Page 724 of 1281 13. Attachment 14. 26_07_28 Request to Sign Site Access Agreement btwn City and Holy Page 725 of 1281 Dubuque THE CITY OF DUB E Y WnoCld 2007.2012.2013 2017.2019 Masterpiece on the M%SSISSIppi City of Dubuque PARKS& RECREATION Department 2200 BUNKER HILL RD (address) Dubuque, IA 52001 Phone # 563-589-4317 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 F & W SERVICE COMPANY (Vendor Name) 665 51ST ST MARION, IOWA 52302 (Vendor Address - City and State) PROJECT TITLE: INSPECTIONS ON MECHANIC SHOP LIFT (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: INSPECTIONS FOR LIFT AT MECHANIC SHOP The work described above shall be completed at the following location(s): VARIOUS PARKS & RECREATION CITY LOCATIONS The Project shall be completed in strict accordance with the terms as described in this Contract: in strict accordance with the requirements of the laws of the State of 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 726 of 1281 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: 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 El 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, 2027 (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 727 of 1281 I i I� anyone directly of -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 j of this Contract, the Vendor shall provide evidence of insurance which meets the requirements i of the City's Insurance Schedule as indicated above and attached hereto. r - 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 $ 60D.00 CITY OF DUBUQUE, IOWA VENDOR: By: 07/16/2026 F & W Serwcice Company Inc Date Company Name By: 7/arzs Signature Date / Stacey Youngblut l Printed Name { Office Manager Title Page 3 of 19 Page 728 of 1281 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. 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 729 of 1281 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 730 of 1281 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 i contrary. 13. The terns and conditions of sale as stated in this order govern in the event of conflict with I 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 5of19 Page 7.31 of 1281 EXHIBIT C 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 I i 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 contractlagreement can be approved. i i 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 a I 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 oth� r costs associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number, and email address. i 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. 1 1 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 732 of 1281 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 Cade Section 87.22. Completed form must be attached. Page 13 of 19 Page 733 of 1281 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 734 of 1281 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 i Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, ple se use this endorsement or an equivalent form. The preservation of immunities is for your benefit. , 7T*94ZAV_rIIWZto] &rI9]TA=10I'll h',14►`11FIMI ,I1,111►Iti1-14Z19Z47:�11=1J,I=10If 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 andl 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. I I 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. I 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. i 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 735 of 1281 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 her under shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or b tter in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to he Finance Department of the City of Dubuque. 4. Failure to provide coverage required qy 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 subconsult is and sub-subconsultants to obtain and maintain during the performance of ork insurance for the c verages described in this Insurance Schedule and shall obtain certificates of insocances from all such su consultants and sub-subconsultants. Contractors agree that they shall be liable for the failu of a subconsultant nd sub-subconsultant to obtain and maintain such coverages. The City may request a copy of s certificates frorN the Contractor. 6. All required endorsements shall be ached the certificate. The certificate is due before the contracYagreement can be approved. 7. Whenever a specific ISO form is listed, required form may be substituted if approved by the Direc identifying and listing in writing all deviations and 8. Contractors shall be required to carry the minimum agreement, in Exhibit I. If the contractor's limits of provider's limits shall be this agreement's required current edition of the form must be used, or an equivalent of Finance and -Budget and subject to the contractor 3lusions from the ISO for verage/limits, or greater if required by�er4her Iegal i ility are higher than the required minimum limits then the 9. Contractor shall be responsible for deductibles and selfAnsured retention for payment of all policy premiums and other cost associated with the insurance policies requirel below. 10. All certificates of insurance must include agents name, ph ne 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 ti e. 12. The City of Dubuque reserves the right to modify these rE risk or other special circumstances during the term of the attached hereto. Page 16 of 19 ents, including limits, based on changes in the lent, subject to written mutual agreement Page 736 of 1281 Aco " CERTIFICATE OF LIABILITY INSURANCE DATER 7/1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOL1 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUP REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ' IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy()es) must have ADDITIONAL INSURED provisions or be If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A sta this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT The Accel Group LLC NAME: PHONE FAX 301 Oak Ridge Circle. A x 319-365-8611 A1c No : 319-365 Waverly IA 50677 aeAboss: Certs acceladvanta e.com INSURER A: rlrern INSURED F&WSERV-01 INSURER B: Union F & W Service Company, Inc 665 51 sf St INSURER C Marion lA 52302 INSURER D : THIS on E IC 0 217 rnVFRAnPQ rKRTIFIrATR NIIMRFR• 1nQF5dAQdR RFVISInN NIfMRFR- I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH PERIOD! 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 OF INSURANCE ADDLTYPE I= SUER POLICY NUMBER EFF M� DYIYYYY POLICY EXP MMIDD LIMITS I B X COMMERCIAL GENERAL LIABILITY Y Y CPA3327227-21 7/1/2026 7/1/2027 EACHOCCURRENCE $1,000,000 CLAIMS -MADE FKOCCUR DAMAGE TO RENTI. PREMISES Me occurrence $300,000 h MED EXP Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,1000 POLICY JEC7 LOC PRODUCTS -COMP/OPAGG $ $ OTHER: B AUTOMOBILE LIABILITY CPA3327227-21 7/1/2026 7/1l2027 EaaaacdeotSINGLELIMIT $1,000,000 BODILY INJURY (Per person) $ X ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTYOAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ I B X UMBRELLA LIAR X OCCUR CPA3327227-21 7/112026 7/1/2027 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 EXCESS LIAR CLAIMS -MADE DEC) I X I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANYPROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? N f A WCA3327248-21 7/1/2026 7/1/2027 X STATUTE ER II E.L EACH ACCIDENT $ 500,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 500.000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ 500,000 Li I DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) BRIAN YOUNGBLUT is excluded from Workers' Compensation and Employers' Liability Insurance. Certificate Holder in Full: 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 (as per written contract). Certificate Holder is an Additional Insured on the above General Liability with respect to Ongoing and Completed Operations on a Primary and Noncontributory Basis perform CLGA0492(10118) attached. A Waiver of Subrogation applies in favor of the Certificate Holder on the above General Liability per form CLGA0492(10/18) attached. Commercial Umbrella follows form over the General Liability and Employers Liability (Workers Compensation) policies per form CX0001 (04/13). CI=RTIFICATF Hn1 nFR CANCPI I ATInN I I I { 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 Finance Department 50 West 13th Street AUTHORIZED REPRESENTATIVE �� �� Dubuque IA 52001 - ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Page 737 of 1281 COMMERCIAL GENERAL LIABILITY CL CG 04 92 10 18 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 CompanyAnd 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 A.1.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 9210 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 8 with its permission Page 738 of 1281 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, c. Only the following persons or architectural or engineering activities. i 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, Qr 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; (IQ "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 (Q Your acts or omissions; or has been completed; or (IQ The acts or omissions of (1.2) That portion of "your work" out of which theinjury those acting on your behalf; 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 Ior 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 (Q "Bodily injury", "property same project. 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 Ob 9210 18 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 8 with its permission Page 739 of 1281 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: 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. (IQ 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 740 of 1281 (b) This insurance does not apply to i (ill) 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 Re except when ( ) packa in g g' p municipality, governmental unpacked solely for theagency or subdivision or other political subdivision. purpose of inspection, demonstration, testing, or the (7) Controlling Interest substitution of parts under Any person(s) or organizationwith instructions from thes) 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: (a) Their financial control of you; or (v) Any failure to make such 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 the distribution the construction or demolition operations or sale of products; performed by or for such persons) or organization(s). (vi) Demonstration, installation, 1. (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. (vil) Products which, after (9) Vendors distribution or sale by you, (a) Any person(s) or organization(s) have been labeled i r relabeled or used as , a (referred to as vendor), but only container, part or ingredient with respect to "bodily injury" or "property of any other thing or damage" arising out of "your substance by or for the products" which are vendor; or i distributed or sold in the regular course of the vendor's business. (vill) "Bodily injury" or "property The insurance afforded the damage" arising out of the sole negligence of the vendor vendor does not apply to: for its own acts or omissions (1) "Bodily injury" or "property or those of its employees Ior damage" for which the anyone else acting on sits vendor is obligated to pay behalf. However, i 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 (tv) or does not apply to liability for (vl); or j 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 (11) Any express warranty vendor has agreed to make or normally unauthorized by you; undertakes to make CL CO 04 92 10 16 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 8 with its permission Page 741 of 1281 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 AA.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 writtem 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 contract or 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 N — 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: (1) How, when and where the "occurrence" or offense took place; (11) The names and addresses of any injured persons and witnesses; and (111) 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 —Bodlly 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 9210 18 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 8 with its permission Page 742 of 1281 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 — Llmlts Of Insurance. 2. 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)(11) 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; S. 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 Ill — 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: I 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; (In 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 743 of 1281 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: (1) 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 1— 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; (111) 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; (lv) 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 Il — 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 — Bodlly 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 744 of 1281 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 1. Paragraph 2.a.(1)(d) of Section 11 — 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 921018 Includes copyrighted material of Insurance Services Office, Inc., Page 8 of 8 with its permission Page 745 of 1281 Dubuque THE CITY OF OVIVA *rti11111 DUB E 11111' 2007-2012.2013 Masterpiece on the Mississippi 2017•2019 City of Dubuque PARKS& RECREATION Department 2200 BUNKER HILL RD (address) Dubuque, IA 52001 Phone # 563-589-4317 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 CLOCKWORK PARTNERS (Vendor Name) 275 EAST AVE EAST NORWALK, CT 06855 (Vendor Address - City and State) PROJECT TITLE: PROVIDE AND SERVICE VIEWING TOWERS AT EAGLE POINT PARK (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: VIEWING TOWERS AT EAGLE POINT PARK The work described above shall be completed at the following location(s): EAGLE POINT PARK 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 746 of 1281 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: Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) Insurance Schedule G for Vendors (Exhibit C) Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box O Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors El Insurance Schedule G — Vendors El 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 2027 (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 747 of 1281 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 $ 520.00 CITY OF/ DUpBU�Q'UE, IOWA By: �ir/%�wt !/k 07/16/2026 Date VENDOR: Clockwork Partners LLC Company Name By: 7112026 Si ure Date Dominic Pugiisl Printed Name Co-owner Title Page 3 of 19 1 Page 748 of 1281 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 749 of 1281 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 I �I Page 750 of 1281 EXHIBIT C 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 12 of 19 Page 751 of 1281 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 i coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 001 All deviations from the standard ISO commercial general liability form CG 00 01, or Business owners form BP 00 02, shali 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 ar 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 equivalei 6) Policy shall include Waiver of Right to Recover from Others endorsement. 7) Policy shall include cancellation and material change endorsement providing thirty (30) da s advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuqu( Finance Department, 50 West 13th Street Dubuque, Iowa 52001. j B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed Code Chapter 85. Coverage A Statutory—,5tate 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 umbrellatexcess 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 II Pagg 7, 52 of 1281 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 LIABILITYIBREACH $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) UMBRELLAIEXCESS $1,000,000 Coverage required: — Yes No The General Liability, Automobile Liability and Employers Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. Page 14of19 Page 753 of 1281 I 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 I 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 polic' and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of I 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 sIu ject 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 anytime and shall do so upon. the timely written request of the insurer. I I 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deriy�any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunityy unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asse red by the City of Dubuque, Iowa. I No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 15 of 19 Page 754 of 1281 CLOCPAR-01 SSAL ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDD/YYYY)7/1412026 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 endorsements . PRODUCER Rose Insurance Agency LLC 350 Center Rock Green Suite 1 Oxford, CT 06478 N5JRED Clockwork Partners LLC 275 East Avenue Norwalk, CT 06855 735-9591 INSURERIS) AFFORDING COVERAGE Selective of South Carolina Property And Casualty Insurance Company Of Hertford COVERAGE CERTIFICATE NUMBER: REVISION NUMBER: 735.1915 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. LTR TYPE OF INSURANCE ADDL 8UBR POLICY NUMBER POLICY EFF POLICY EXP fYYM LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X X S 2674037 8/2512026 6(2512027 EACH OCCURRENCE 1,000,000 E TO RENTEDI ES 1,000,000 MED EXP one arson 15,000 PERSONAL 8 ADV INJURY 1,000,000 GEN'L AGGRE TE LIMIT APPLIES PER: X POLICY JpEIW LOC OTHER GENERAL AGGREGATE 3,000,000 PRODUCTS - COMP/OP AGG 3,000,000 A AUTOMOBILE LIABILITY -X ANY AUTO i OWNED SCHEDULED AUTOS ONLY AUTOS SSyy p AIU70S ONLY AUTOS ONLY X XIS 2674037 X S 2674037 X 31WECBU2EUL W2W2026 W2512027 COMBINED SINGLE LIMIT BODILY INJURY Per erson 1,000,000 INJURY Per accident pBROpDIIL�Y Par acddenl E A X UMBRELLA LIAB X EXCESS LIAR OCCUR CLAIMS -MADE X 612512026 612512027 EACH OCCURRENCE S 2,000,000 AGGREGATE 2,000,000 DIED I I RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECU7NE YIN FICROP M EXCLUDED? andatory�n �iij Ryes describe under DESCRIPTION OF OPERATIONS "low NIA W2W2026 W292027 X PERTU OTH E.LEACHACCIDENT 1,000,000 E.L.DISEASE • EA EMPLOYE 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached If more space is required) The City of Dubuque including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees, and volunteers are additional insured on a primary and non-contributory basis for both ongoing and completed operations as required with written contract. Waiver of subrogation applies in favor of the additional insured. 30 day notice of cancellation included. I City of Dubuque Finance Department 50 West 13th Street 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 ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 755 of 1281 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 31 WEC BU2EUL Endorsement Number: Effective Date: 06/25/26 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Clockwork Partners LLC 275 EAST AVE NORWALK CT 06855 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any person or organization for whom you are required by contract or agreement to obtain this waiver from Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Countersigned by Form WC 00 03 13 Printed in U.S.A. Process Date: 05/16/26 Authorized Representativ Policy Expiration Date: 06/25/27 Pag 56 of 1281 ElitePac® General Liability/ Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 04 25 SUMMARY OF COVERAGES (including index) This is a summary of the various additional coverages and coverage modifications provided by this endorsement. Nc coverage is provided by this summary: Refer to the actual endorsement (Pages 3-through-9) for changes affecting your insurance protection. I DESCRIPTION Additional Insureds — Primary and Non -Contributory Provision Blanket Additional Insureds — As Required By Contract • , Owners, Lessees or Contractors (includes Architects, Engineers or Surveyors) Lessors of Leased Equipment N Managers or Lessors of Premises ti • Mortgagees, Assignees and Receivers N Any Other person or organization other than a joint venture 0 Grantors of Permits g Broad Form Vendors Coverage CD Damage To Premises Rented To You (Including Fire, Lightning or Explosion) Electronic Data Liability ($100,000) Employee Definition Amended Employees As Insureds Modified Employer's Liability Exclusion Amended (Not applicable in New York) Incidental Malpractice Exclusion modified Knowledge of Occurrence, Claim, Suit or Loss Liberalization Clause Mental Anguish Amendment (Not applicable to New York) Newly Formed or Acquired Organizations Non -Owned Aircraft Non -Owned Watercraft (under 60 feet) Not -for -profit Members — as additional insureds Personal And Advertising Injury — Discrimination Amendment (Not applicable in New York) Products Amendment (Medical Payments) Supplementary Payments Amended — Bail Bonds ($5,000) and Loss of Earnings ($1,000) Two or More Coverage Parts or Policies Issued By Us Unintentional Failure to Disclose Hazards Waiver of Transfer of Rights of Recovery (subrogation) When Two or More Coverage Parts of this Policy Apply to a Loss Copyright, 2024 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY PAGE FOUND Page 8 Page 5 Page 7 Page 3 Page 4 Page 9 Page 5 Page 3 Page 7 Page 7 Page 8 Page 9 Page 5 Page 3 Page 3 Page 5 Page 8 Page 4 Page 4 Page 8 Page 8 Page 8 Page 3 CG 73 00 0412I5 Page 1 of '9 Page 57 of 1281 THIS PAGE IS INTENTIONALLY LEFT BLANK. Copyright, 2024 Selective Insurance Company of America. All rights reserved. CG 73 00 04 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 9 INSURED'S COPY Page 758 of 1281 ElitePaco General Liability Extension Endorsement COMMERCIAL GENERAL LIABILI CG 73 00 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. However, if (a) two or more Coverage Parts of this policy, or (b) two or more forms or endorsements within the same Coverage Part apply to a loss, coverage provision(s) with the broadest language will apply, unless specifically stated otherwise within the particular amendment covering that loss. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified the endorsement. o COVERAGES — Amendments SECTION I — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY N EXCLUSIONS o Employer's Liability Amendment o (This provision is not applicable in the State of New York). The following is added to Exclusion e. Employer's Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: This exclusion also does not apply to any "temporary worker". Non -Owned Aircraft, Auto or Watercraft A. Paragraph (2) of Exclusion g. Aircraft, Auto Or Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is deleted in its entirety and replaced with the following: (2) A watercraft you do not own that is: (a) Less than 26 feet long and not being used to carry persons or property for a charge;. or (b) At least 26 feet, but less than 60 feet long, and not being used to carry persons or property for a charge. Any person is an insured who uses or is responsible for the use of such watercraft with your expressed or implied consent. However, if the insured has any other valid and collectible insurance for "bodily injury" or "property damage" that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS. B. The following is added to Exclusion g. Aircraft,i Auto Or -Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2, Exclusions: This exclusion does not apply to: (6) Any aircraft, not owned or operated by an insured, which is hired, chartered or loaned with a paid crew. However, if the insured has and} other valid and collectible insurance for "bodil9 injury" or "property damage" that would b covered under this provision, or on any otlie basis, this coverage is then excess, and subjec to Condition 4. Other Insurance, b. Exces Insurance under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS. Damage To Premises Rented to You A. The last paragraph of Paragraph 2. Exclusions under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE is deleted in its entirety and replaced with the following: Exclusions c. through n. do not apply to damage byy fire, lightning or explosion to premises rented to y% or temporarily occupied by you with the permiss o of the owner. A separate limit of insurance appiie, to this coverage as described in SECTION III — LIMITS OF INSURANCE. Copyright, 2024 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CG 73 00 04125 Page 3 6fl9 i �I Page 759 of 1281 0 N ti N LL 0 0 0 a B. Paragraph 6. under SECTION III — LIMITS OF INSURANCE is deleted in its entirety and replaced with the following: 6. Subject to Paragraph 5. above, 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 caused by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner, for all such damage caused by fire, lightning or explosion proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of the three, is the amount shown in the Declarations for the Damage To Premises Rented To You Limit. C. Paragraph a. of Definition 9. "Insured contract" under SECTION V — DEFINITIONS is deleted in its entirety and replaced with 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 or explosion to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; Electronic Data Liability A. Exclusion p. Electronic Data under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is deleted in its entirety 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 inability to manipulate "electronic data". However, this exclusion does not apply to liability for damages because of: (1) "Bodily injury; or (2) Loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that results from physical injury to tangible property. The exception in the paragraph above does not apply to claims for damages because of "bodily injury", "property damage", notification costs, credit or identity monitoring expenses, forensic expenses, public relations expenses, data restoration expenses, extortion expenses or any other similar cost or expense incurred by you or others arising out of a "cyber incident". B. The following paragraph is added to SECTION .III — LIMITS OF INSURANCE: Subject to the Each Occurrence Limit in Paragraph 5., the most we will pay under COVERAGE A for 'property damage" because of all loss of "electronic data" arising out of any one "occurrence" is a sub -limit of $100,000. SECTION 1— COVERAGE C MEDICAL PAYMENTS EXCLUSIONS Any Insured Amendment Exclusion a. Any Insured under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following: a. Any Insured To any insured. This exclusion does not apply to: (1) "Not -for -profit members"; (2) "Golfing facility" members who are not paid a fee, salary, or other compensation; or (3) "Volunteer workers". This exclusion exception does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part. Product Amendment Exclusion f. Products -Completed Operations Hazard under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following: f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". This exclusion does not apply to "your products" sold for use or consumption on your premises, while such products are still on your premises. This exclusion exception, does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part. SECTION I — SUPPLEMENTARY PAYMENTS — COVERAGES A AND B Expenses For Bail Bonds And Loss Of Earnings A. Subparagraph 1.b. under SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is deleted in its entirety and replaced with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Copyright, 2024 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CG 73 00 04 25 Page 4 of 9 Page 760 of 1281 CD N co 0 O N U) LL 0 0 O Ir B. Subparagraph 1.d. under SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is deleted in its entirety and 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 $1,000 a day because of time off from work. SECTION II — WHO IS AN INSURED -- Amendments Not -for -Profit Organization Members The following paragraph is added to SECTION II = WHO IS AN INSURED: If you are an organization other than a partnership, joint venture, or a limited liability company, and you are a not -for -profit organization, the following are included as additional insureds: 1. Your officials; 2. Your trustees; 3. Your members; 4. Your board members; 5. Your commission members; G. Your agency members; 7. Your insurance managers; 8. Your elective or appointed officers; and 9. Your "not -for -profit members". However only with respect to their liability for your activities or activities they perform on your behalf. Employees As Insureds Modified A. Subparagraph 2.a.(1)(a) under SECTION II — WHO IS AN INSURED does not apply to "bodily injury" to a "temporary worker" caused by a co -"employee" who is not a "temporary worker". B. Subparagraph 2.a.(2) under SECTION Il —WHO IS AN INSURED does not apply to "property damage" to the property of a "temporary worker" or "volunteer worker" caused by a co -"employee" who is not a "temporary worker" or "volunteer worker". C. Subparagraph 2.a.(1)(d) under SECTION II -- WHO 1S AN INSURED does not apply to "bodily injury" caused by cardio-pulmonary resuscitation or first aid services administered by a co -"employee". With respect to this provision only, Subparagraph (1) of Exclusion 2. e. Employer's Liability under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply. Newly Formed Or Acquired Organizations A. Subparagraph 3.a. under SECTION II — WHO IS AN INSURED is deleted in its entirety, and replaced with the following: Copyright, 2024 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission 1R&i1J04 X'1< I 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. However, COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. B. The following paragraph is added to SECTION 11— WHO IS AN INSURED, Paragraph 3: If you are engaged in the business of construction of dwellings three stories or less in height, or other buildings three stories or less in height and less than 25,000 square feet in area, you will also be an insured with respect to "your work" only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you are or were a member, even if that partnership or joint venture is not shown as la Named Insured. However, this provision only applies if you maintain or maintained an interest of at least fifty percent in that partnership or joint venture for the period of that partnership r joint venture. This provision does not apply to any partnership or joint venture that has been dissolved or otherwise ceased ito function for more than thirty-six months. fffl With respect to the insurance provided by this provision, Newly Formed or Acquired Organizations, tke following is added to SECTION IV — COMMERCIAO GENERAL LIABILITY, Paragraph 4. Other Insurance)) Subparagraph b. Excess Insurance: The insurance provided by this provision, Newlr� Formed or Acquired Organizations, is excess overtf any other insurance available to the insured, whettiet primary, excess, contingent or on any other basis. (Ail other provisions of this section remain unchanged) Blanket Additional Insureds — As Required By Contract A. Subject to the Primary and Non -Contributory provision set forth in this endorsement, SECTION Ill — WHO IS AN INSURED is amended to include as an additional insured: 1. Owners, Lessees or ContractorstArchitect , Engineers and Surveyors a. Any person or organization for whom yo are performing operations when you and such person or organization have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your commercial general liability policy; and Ilff b. Any other person or organization, including any architects, engineers or surveyors Inot engaged by you, whom you are required 10 add as an additional insured under your policy in the contract or agreement in Paragraph a. above: f f CG 73 00 04 25 Page 5 of 9 COPY Pagq 761 of 1281 N m CD cc C4 N U_ CD 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 of omissions of those acting on your behalf; in the performance of your ongoing operations performed for the additional insured in Paragraph a., above. However, this insurance does not apply 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 by or for you, 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. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. A person or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph a. above are completed. Other Additional Insureds Any of the following persons or organizations with whom you have agreed in a written contract, written agreement or written permit that such persons or organizations be added as an additional insured on your commercial general liability policy: a. Lessors of Leased Equipment Any person or organization 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 or organization. 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. b. Managers or Lessors of Premises Any person or organization from whom you lease premises, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to any "occurrence" which takes -place after you cease to be a tenant of that premises. c. Mortgagees, Assignees or Receivers Any person or organization with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises. This insurance does not apply to any "occurrence" which takes place after the mortgage is satisfied, or the assignment or receivership ends. d. Any Person or Organization Other Than A Joint Venture Any person or organization (other than a joint venture of which you are a member), but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts of omissions of those acting on your behalf in the performance of your ongoing operations or in connection with property owned by you. e. State or Governmental Agency or Political Subdivision — Permits or Authorizations Any state or governmental agency or subdivision or political subdivision, but only with respect to: (1) 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; or (2) The following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: Copyright, 2024 Selective Insurance Company of America. Ail rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CG 73 00 04 25 Page 6 of 9 Page 762 of 1281 (a) 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; (b) The construction, erection . or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance. This insurance does not apply to: I. "Bodily injury" or "property damage" arising out of operations performed for the federal government, state or municipality; or ii. "Bodily injury" or "property damage" included within the "products -completed operations hazard". With respect to Paragraphs 2.b. through 2.d., this insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. B. The insurance coverage afforded to the additional insureds in this coverage extension: 1. Does not apply unless the written contract or written agreement has been signed by the Named Insured or written permit issued prior to the "bodily injury" or "property damage" or "personal and advertising injury"; 2. Only applies to the extent permitted by law; and. 3. Will not be broader than that which you are required by the written contract, written agreement, or written permit to provide to such additional insured. Broad Form Vendors Coverage Subject to the Primary and Non -Contributory provision set forth in this endorsement, SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) for whom you have agreed in a written contract or written agreement to provide coverage as an additional insured under your policy. Such person or organization is an additional insured only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However, the insurance afforded the vendor does not apply to: Copyright, 2024 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission INSURED'S .f f 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; however this exclusion does not apply to liability for damages that the vendor would have in the absence of the contract ar agreement; ' b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product l made intentionally by the vendor; ! d. Repackaging, unless 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; Ie. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes �o make in the usual course of business In connection with the sale of the product; or f. Products which, after distribution or sale by ydu,l have been labeled or re -labeled or used asi a container, part of ingredient of any other thing orb substance by or for the vendor; however this insurance does not apply to any insured person or organization, from who you have acquire such products, or any ingredient, part o� container, entering into, accompanying o� containing such products. The provisions of this coverage 'extension do not apply unless the written contract or written agreement has been signed by the Named Insured prior to the "bodily injury" or "property damage". Incidental Malpractice Subparagraph 2.a.(1)(d) under SECTION II — WHOI IS AN INSURED is deleted in its entirety and replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. This does not apply to nurses, emergency medical technicians or paramedics if you are not in th6 business or occupation of providing any s[iIh professional services. This also does not apply to "bodily injury" caused by cardio-pulmonary resuscitation or first aid services administered by a co -"employee This provision does not apply if you are a Social Service or Senior Living risk. 11 SECTION IV -- COMMERCIAL GENERAL LIABILITY CONDITIONS — Amendments Knowledge Of Occurrence, Claim, Suit Or Loss The following is added to Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: I CG 73 00 04 25 Page 7 lof 9 COPY I i Page 763 of 1281 r- N rh 0 N Cn LL 0 0 The requirements under this paragraph do not apply until after the "occurrence" or offense is known to: 1. You, if you are an individual; 2. A partner, 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 elected or appointed officials, officers, members, trustees, board members, commission members, agency members, or your administrator or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company. Primary and Non -Contributory Provision The following is added to Paragraph 4. Other Insurance, b. Excess Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is primary to and we will not seek contribution from any other insurance available to an additional insured under this policy provided that: (1) The addifional insured is a Named Insured under such other insurance; and (2) You have agreed in a written contract, written agreement or written permit that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Unintentional Failure To Disclose Hazards The following is added to Paragraph 6. Representations under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you should unintentionally fail to disclose any existing hazards in your representations to us at the inception date of the policy, or during the policy period in connection with any additional hazards, we shall not deny coverage under this Coverage Part based upon such failure to disclose hazards. Waiver Of Transfer Of Rights Of Recovery The following is added to Paragraph 8. Transfer of Rights Of Recovery Against Others To Us under SECTION IV — COMMERCIAL- GENERAL LIABILITY CONDITIONS: We will waive any right of recovery against a person or organization because of payments we make under this Commercial General Liability Coverage Part. This waiver applies only if the insured has agreed in a written contract or written agreement to: 1. Waive any right of recovery against that person or organization; or 2. Assume the Iiability of that person or organization pursuant to a written contract or written agreement that qualifies as an "insured contract"; and &. Include such person or organization as an additional insured.on your policy. Such waiver by us applies only to that person or organization identified above, and only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. Liberalization The following condition is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If we revise this Coverage Part to provide more coverage without additional premium charge, subject to our filed company rules, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. Two or More Coverage Parts or Policies Issued By Us (This provision is not Applicable in the state of New York or Wisconsin). The following condition is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: It is our intention that the various coverage parts or policies issued to you by us, or any company affiliated with us, do not provide any duplication or overlap of coverage. We have exercised diligence to draft our coverage parts and policies to reflect this intention. However, if the facts and circumstances that will respond to any claim or "suit" give rise to actual or claimed duplication or overlap of coverage between the various coverage parts or policies issued to you by us or any company affiliated with us, the limit of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limit under this coverage, or any one of the other coverage forms or policies. This condition does not apply to any Excess or Umbrella policy issued by us specifically to apply as excess insurance over this coverage part or policy to which this coverage part is attached. SECTION V—DEFINITIONS Discrimination (This provision does not apply in New York). A. The following is added to Definition 14. "Personal and advertising injury": "Personal and advertising injury" also means "discrimination" that results in injury to the feelings or reputation of a natural person, however only if such "discrimination" or humiliation is: 1. Not done by or at the direction of: a. The insured; or b. Anyone considered an insured under SECTION II —WHO IS AN INSURED; 2. Not done intentionally to cause harm to another person. Copyright, 2024 Selective insurance. Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CG 73 00 04 25 Page 8 of 9 Page 764 of 1281 co tv m 0 ti n 0) U_ S 0 a 3. Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. 4. Not arising out of any "advertisement" by the insured. B. The following definition is added to SECTION V — DEFINITIONS: "Discrimination" means: a. Any act or conduct that would be considered discrimination under any applicable federal, state, or local statute, ordinance or law; b. Any act or conduct that results in disparate treatment of, or has disparate impact on, a person, because of that person's race, religion, gender, sexual orientation, age, disability or physical impairment; or c. Any act or conduct characterized or interpreted as discrimination by a person based on that person's race, religion, gender, sexual orientation, age, disability or physical impairment. It does not include acts or conduct characterized or interpreted as sexual intimidation or sexual harassment, or intimidation or harassment based on a person's gender. Electronic Data The following definition is added to 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, cell, data processing devices or any other media which are used with electronically controlled equipment. For the purpose of the Electronic Data Liability coverage provided by this endorsement, Definition 17. "Property damage" is deleted in its entirety and 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; or b. Loss of, Ioss 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 purpose of the Electronic Data Liability coverage provided by this endorsement, "electronic data" is not tangible property. Employee Amendment Definition 5. "Employee" under SECTION V DEFINITIONS is deleted in its entirety and replaced by the following: 5. "Employee" includes a "leased worker", or a "temporary worker". If you are a School, "Employee; also includes a student teacher. Golfing Facility The following definition is added to SECTION V DEFINITIONS: f "Golfing facility" means a golf course, golf club, driving range, or miniature golf course. Mental Anguish Amendment (This provision does not apply in New York). i Definition 3. "Bodily injury" under SECTION V DEFINITIONS is deleted in its entirety and replaced with the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including deajh resulting from any of these at any time. This includes mental anguish resulting from any bodily injury, sickness or disease sustained by a person. (In New York, mental anguish has been determined to be "bodily injury"). Not -for -profit Member The following definition is added to SECTION V DEFINITIONS: "Not -for -profit member" means a person who is a member of a not -for -profit organization, including clu sl and churches, who receives no financial or othie�, compensation. l Copyright, 2024 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY II CG 73 00 04 25 Page 9 6f�9 �I I� PagJ 765 of 1281 THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: July 17, 2026 Dubuque All -America ClW 2007-2012.2013 2017*2019 RE: Request to Sign Contract — 9t" Street Brick Removal and Pave Project Attached is the short Form Public Improvement Contract between the City of Dubuque and Eastern Iowa Excavating & Concrete, LLC of Cascade, IA for the 9t" Street Brick Removal and Pave Project. The project will occur on 9t" Street between White Street and Jackson 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 766 of 1281 Dubuque THE CITY OF wnsab DUB E 2007.2012.2013 Masterpiece on the Mississippi 2017•2019 City of Dubuque Engineering Department 50 W. 13th St. (address) Dubuque, IA 52001 Phone # 563-581-8657 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 Eastern Iowa Excavating and Concrete, LLC (Contractor) at (Contractor Name) 121 Nixon St SE - Cascade, IA 52033 (Contractor's Address - City and State) PROJECT TITLE: 9th St Brick Removal and Pave (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: the 9th St Brick Removal and Pave Project according to the contract documents. The work described above shall be completed at the following location(s): e. 9th St between White St and Jackson St The Project shall be constructed to the meet the requirements as described in this Contract; in strict accordance with the requirements of the laws of the State of 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 767 of 1281 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? 0 Yes ❑ 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 768 of 1281 8. The Contractor shall fully complete the Project under this Contract on or before September 30th, 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 769 of 1281 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 770 of 1281 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: $ 29,833.90 CITY OF DUBUQUE, IOWA By: / !,(��h�u�( (/u07/17/2026 Date CONTRACTOR: Eastern Iowa Excavating and Concrete, LLC �mpa me B : 7-6-26 ignature Date Chad Demmer Printed Name Owner Title Page 771 of 1281 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/HomeNiew/3173. A paper copy is available upon request from the City of Dubuque Engineering Department. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five years after the termination of the Consent Decree, the City shall retain, and shall instruct its contractors and agents to preserve, all non -identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information -retention requirement shall apply regardless of any contrary City, corporate or institutional policies or procedures. At any time during this information -retention period, upon request by the United States or the State, the City shall provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information -retention period, the City shall notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City shall deliver any such documents, records, or other information to the EPA or IDNR. Page 772 of 1281 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. Co ntr c# r o ant: Eastern Iowa Excavating & Concrete, LLC By: Its: Owner Date: 7-6-2026 Return signed copy to: Engineering Department 50 W. 13th Street Dubuque IA 62001 Page 773 of 1281 Bond Number: 101880168 EXHIBIT B PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That we, Eastern Iowa Excavating and Concrete, LLC as Principal (hereinafter the "Contractor" or "Principal") and Merchants National Bonding, Inc. ........................................................................... , as Surety are held and firmly bound unto the City of Dubuque, 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 twenty nine thousand eight hundred thirty three and ninety cents dollars ($ 29,833.90 ), 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 24 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 9th St Brick Removal and Pave Project detail the following described improvements: Remove existing bricks and pavement, place engineering fabric, place subbase, reinforcing bars, then pave. 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 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 Page 774 of 1281 is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract Documents within the period of two (2) year(s) from the date of acceptance of the work under the Contract, by reason of defects in workmanship, equipment installed, or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Owner all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. Contractor's and Surety's Contract herein made extends to defects in workmanship or materials not discovered or known to the Owner at the time such work was accepted. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time authorized in approved change orders to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, authorized in approved change orders which thereby increases the total contract price and the penal sum of this Bond, provided that all such changes do not, in the aggregate, involve an increase of more than twenty percent (20%) of the total contract price, and that this Bond shall then be released as to such excess increase; C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the agreed damage penalty is being charged against the Contractor. The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: D. That no provision of this Bond or of any other contract shall be valid that limits to less than five (5) years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Owner including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is intended the Contractor and Surety will defend and indemnify the Owner on all claims made against the Owner on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner Page 775 of 1281 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 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. 5521000019-301 Witness our hands, this 7th day of July 2026. SURETY COUNTERSIGNED BY: PRINCIPAL: Not Required Easte Iowa Excavating & Concrete, L.C. Signature of Agent Co rac I r Printed Name of Agent Signature — d De Company Address Printed Name M Y)D_( City, State, Zip Code Title Company Telephone Number FO VI APPROVEDBY: Page 776 of 1281 Representative for Owner •;�y.4�gP0,g9�•, Z ?aE— - '3` 2003 :c7= .. ......... SURETY: Merchants National Bonding, Inc. Sure mpany , By. AA44k AJ4 '191gAature Attorney -in -Fact fficer Jamie Gifford, Attorney -in -Fact & IA 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 Page 777 of 1281 MERCHANTS BONDING COMPANYTM POWER OF ATTORNEY Know Ali Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, and MERCHANTS NATIONAL INDEMNITY COMPANY, an assumed name of Merchants National Bonding, Inc., (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Allssa Cahalan; Anne Crowner; Ashlea McCaughey; Austin Muehlschlegel; Ben Williams; Brian J Oestrelch; Brian M Deimerly; Cameron M Burt; Colby D White; Connor Oberg; Dione R Young; Donald E Appleby; Douglas Muth; Ginger Hoke; Grace Rasmussen; Graydon Dotson; Greg Krier; Jamie Gifford; Jay D Frelermuth; Jenni Marino; Jessie Allen; Joe Tiernan; John Cord; Joshua R Loftls; Kate Zanders; Keeton Welch; Kristine M Becks; Lindsey Minutillo; Mark R DeWitt; Mark Sweigart; Melinda C Blodgett; Michelle Morrison; Michelle R Gruls; Nathan Weaver; Nicole Stillings; R C Bowman; Ryan Olivia E Lundy; Sandra M Engstrum; Sara Huston; Sarah C Brown; Seth Rooker; Taylor Fogle; Ted Jorgensen; Tim McCulloh; Todd Bengford; Zach Fuller their true and lawful Attorneys) -in -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the By -Laws adopted by the Board of Directors of the Companies. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-fn-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation, In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 2nd day of March , 2026 MERCHANTS BONDING COMPANY (MUTUAL) '1NG C • ""'•�"''��•�'• MERCHANTS NATIONAL BONDING, INC. °o�� o'ho AStoNq�•.. `oNauruo•.� MERCHANT N ;'ma°�.oAPo.•?y S ATIONAL INDEMNITY COMPANY y. �, ��,: �; ,•� :�o q�•. y; �: "%;A -o- 1933 '•ti: v'• 2003!�' •d s!~ y ' ,�iy'••. :.`;�a°: % c�'-. Lib` By ° ... �. STATE OF IOWA COUNTY OF DALLAS ss. On this 2nd day of March 2026 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. w94A40 Penn! Miller 0 � Commission Number787952 • • My Commission Expires 1OW11 January 20,.2027 (Expiration of notary's commission Notary Public does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF - ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended orrevoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 7th day of July 2026 . •iriG c � itONq .••'...,. O 0 '�.•`A<• e' oNALrNp .� .�yOGtPORa49y: �.�..........6o•y'' :ay'ao� q 0. D% 1933 ac$. �`• 2003 . mac' Via; a Secretary POA 0018 (5/25) Page 778 of 1281 ' CERTIFICATE OF LIABILITY INSURANCE t�AT(MM/DUIYYYY) 11W2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE. HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHOR17ED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 1MPtJRT RT* If thb certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED previsions 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 Gertiflcato does not confer rights to the certificate holder In lieu of such endorsemllnt(s). PRODUCER AssuredPartners Great Plains, LLC PO Box 759 601 Bell Street, Suite 401 Dubuque IA 52004-0769 of INSURED Eastern Iowa Excavating & Concrete LLC Cascade Storage Facility LLC 121 Nixon St SE, PO Box 189 Cascade IA 62033-0189 C[)VFRtlt�� �r:rs�rrrrr•A-rI� url,rroc�..�e�o., .,n - -------• - -. VA r rIN.1aurnraF_;re: 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 HEREINAS, SUBJECT TO ALL THE TERMS, EXCLUSION$ AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. w _ .. _ .._ _. F LiGS fF . OLI Y EXP I TYPE OF INSURANCE Q8ft __ _ _. P Lt[YNUrlssrt b DD 41hriTs A X CDM MERCIAL GEN MRAL LIABILITY _ CLAIMS -MADE OCCUR Y Y 4W2026 4/1/2027 EACH OCCURRENCE $1 coo 00,� �S (FFI 17 6nC4D) I E5 s rrarxe $500,,000 L2�j S 15,[iSi0 - MED EXP, Ai)y cne eoe� cnl �------ I'EI3Si7NA4&AcyVIN1t.€RY ��-,OQO,OpQ� mm GEN'LAGGREGATELIMITAPPUESPER: POLICY dEC LOC fiENERALAGdREG(#i i2if3Q k0B w PROl)UC7S-COMI�1QPAiig2ik0Ek,0t)0 W THEE; A A UTOMOWLELIASILITY Y Y S2499092 41112026 4/112027 InISI EDs E6114T: Es ae�idant $1,00 0,000 X ANY AUT _ BODILY INJURY (Pe„-, parson) $ OWNED SCHEDULED AUT2S ONLY AUTO$ D y' Ww,� BODILY INJURY (Pero cfdan:) $� PROPERlYDA6 G'�, ^ $ AUTOS OHIR NQN OWNED NLY AUTOS ONLY A X UM13" LALIAB X OCCUR Y Y S2499092 4/1/2028 4iV2027 EACHr7CCiJRRENCE 1I7,000,0i?D EikCE$SLIAD GLAI,'AS•),4AD1w (i'(fii®13 DE0 Rl TENTION3 a WORKERS COMPENSATION AND EMPLOYERS'LWBIUTY Y WCN6013390 41112020 4/t12027 X I. FE YIN ANYPROPRIETOfUPARTNER/EXECUTIVE QFFICERNEMRERSXCLLIpI:D4 NIA E.L EACEi CBIDENTry M- _ .... , $600,40� E.L. DISEASE - EA # Mr LrSYEE S SOO,gOt} (Mandatory In NH) If es dascribsUn ar n E.L',DISEASE '-POLICY LIMIT __...._.�,e,„ 9500,000 SGRIPTIONOFO!RrRAAONS11�xw DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attachad Irmore apace Is required)- - Project #5521000019-301 - 9th Street Brick Removal and Pave City of Dubuque, including all Its elected and appointed Off)CWS, all Its employees and volunteers, all Its boards, comrtllsslons,andlor authorities and their board members, employees and volunteers are Ilsted as an addltlQnpl Insured on the general liability. Governmental Immun)i 0 orid ongoing & completed operations per endorsement CG7980. Coverage Is on o primary and non-contributory basis, as provided by CG7300. Completed and Ongding Operatlens coverage is provided by endorsement G7988. Fellow Employee Exclusion has boon deloted with limitations. Waiver of Subroggation Is included the on rr� eneral liability, auto Ilablllty and workers compensation as provided by CG7300, CA7809 and WC000313. Policles include 30 Day Notice of Cancellation with 4o Day NoUc;e for non-payment of premium. CIry of Dubuque - Engineering Dept 50 W 13th St Dubuque IA 52001 ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEtL-EO BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL, BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01 The ACORD name and logo are registered marks of ACORD . All riahts recprvari Page 779 of 1281 ElitePaw General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CO73000425 SUMMARY of COVERAGES (including Index) This is a summary of the various additional coverages and coverage modifications provided by this endorsement No coverage Is provided by this summary. Refer to the actual endorsement (Pages 3-through-9) for changes affecting your insurance protection. I]ESCi21PTI0A1 PAGE FOUNT? Additional insureds --- Primary and Non -Contributory Provision Blanket Additional insureds —As Required 6y Contract Page 8 + Owners, Lessees or Contractors (includes Architects, Engineers or Surveyors) . f••a, Page 6 N « Lessors of Leased Equipments w Managers or Lessors of Premises Mortgagees, Assignees and Receivers a Any Other person or organization other than a joint venture CD Grantors of Permits g Broad Form Vendors Coverage © Damage To Premises Rented To You (Including Fire, Lightning or (Explosion) Page 7 Page 3 Electronic Date Liability ($100,000) Employee Definition Amended Page 4 Employees As Insureds Modified Page 0 Employer's Liability Exclusion Amended (Not applicable in New York) Page 5 page 3 Incidental Malpractice Exclusion modified Page 7 Knowledge of Occurrence, Claim, Suit or Lass Liberalization Clause Page 7 Mental Anguish Amendment (Not applicable to New York) Page 8 Newly Formed or Acquired Organizations Page 9 Non -Owned Aircraft Page Non -Owned Watercraft (under 60 feet) Page 3 Not -for -profit Members -- as additional insureds Page 3 sage 6 Personal And Advertlsing Injury —Discrimination Amendment (Not applicable in New York) Page 8 Products Amendment (Medical Payments) Page 4 Supplementary Payments Amended -- Ball Bonds ($5,000) and Loss of Earnings ($9,000) Page 4 Two or More Coverage Parts or Policies Issued By Us Page $ Unintentional failure to Disclose Hazards page 8 Waiver of Transfer of Rights of Recovery (subrogation) page 8 When Two or More Coverage Parts of this Policy Apply to a Loss page 3 Copyright, 2024 Selective Insurance Company of America. All rights reserved, Includes copyrighted material of Insurance Services Office, Inc., CG 73 00 04 25 with i#s permission. Page 1 of 9 INSURED'S Copy Page 780 of 1281 Ellteftcl General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 04 25 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modes the Insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART The SECTIONS of the Commerciel General Liability Coverage Form identified in this endorsement will be amended as shown below. However, If (a) two or more Coverage Parts of this policy, or (b) two or more forms or endorsements within the same Coverage Part apply to, a loss, coverage provisions) with the broadest language will apply, unless specificaliy stated otherwise within the particular amendment covering that loss. With respect to coverage provided by fta endorsement, the provisions of the Coverage Form apply unless mo ifled by the endorsement, COVERAGES — Amendments SECTION I e COVERAGE A BODILY INJURY AND 2 PROPERTY DAMAGE LIABILITY 9 0 Q Ca EXCLUSIONS Employer's Liability Amendment` (This provision is not applicable in the. 8tote of NOW York). The fallowing is added to Exclusion e. Ernpltsya'r's Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LMILITY, 2, Exclusions: This exclusion also does not apply to any ,temporary worker". Non -Owned Aircraft, Auto or iiifatercraft A. Paragraph (2) of Exclusion 9. Aircraft, Auto Or Watercraft under .COVERAGE A 130DILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is deleted In Its entirety .,arid, replaced with the following: (2) A watercraft you do not own that is: (a) less than 26 feet long and not being used to carry persons or property for -a charge; or (b) At least 26 feet, but less than 60 feet long, and not being used to carry persons or property for a charge. Any `parson is an Insured who uses or is responsible for the use of such watercraft with your expressed or implied consent However, If the insured has any other valid and collectible insurance for "bodily injury" or 'property damage" that would be covered under this provision, Cron any other basis, this coverage IS then excess, and subject to Condition 4. Other Insurance, b. Excess insurance under SECTION IV .-- COMMERCIAL GENERAL LIABILITY CONDITiONS. S. The following is added to Exclusion g. AlrcraPt, Auto Or Watercraft under COVERAGE A BODILY iNJURY AND PROPERTY DAMAGE! LIABILMY, 2, Exclusions: This exclusion does not apply to (6) Any aircraft, not owned or operated by any insured, which is hired, chartered or loaned with a paid crew, However, if the Insured has any other valid and collectible insurance for "bodily Injury" or "property damage" that would be covered under this provision, or on any other basis, this coverage ,s then excess, and subjed to Condition 4. Other insurance, b. Excess InattrAnce.' under SECTION IV -- C6MMERC1AL GENERAL LMI1..IfiY CONDITIONS. Damage To Premises Rented to You A. The fast paragraph of Paragraph 2. Exclusions under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE is deleted in its entirety and replaced with the following: Exclusions c. through n. do not apply to damage by fire, lightning or explosion to premises 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 iNSURANCg.' Copyright, 2024 Selective Insurance Company of America. Ali rights reserved. Includes Copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CG 73 00 04 25 Pago 3 of 9 Page 781 of 1281 B. Paragraph S. under SECTION III LIMITS OF INStJIIANCE is deleted In its entirety and replaced with the following: fi. Subject to Paragraph 5. above, 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 caso of damage caused by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner, for all such damage caused by fire, lightning or explosion proximately caused by the Barrie event, whether such damage results from fire, lightning or explosion or any combination Of the three, is the amount shown in the Declarations for the Damage To Premises Rented To You Limit. C. Paragraph a. of Definition B. "Insured contract" under SECTION V — DEFINITIONS Is deleted In its entirety and replaced with the following: a. A contract for a lease of premises. However, 9 that portion of the contract,.1dr .a lease of 9� premises that indemnifies;-, ; any person or Ln organization for damage by fire, lightning or N explosion to premises while rented to you or temporarily occupied by you with the permission CD of the owner is not an "Insured contract' Electronic Data Llablllty A. Exclusion p. Electronic Data under COVERAGE A BODILY INJURY AND PROiPFRTY DAMAGE LIABILITY, Paragraph 2. Exclusions is deleted in its entirety 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 inability to manipulate "electronic data". However, this exclusion does' 'hot apply to liability for darrrages beca,usb'tatt ,,.oair (1) "Bodily injury"; or (2) toss of, loss of use, of, 'damage to, corruption of, inability to acoesaa, or inability to manipulate "electronic date" that results from physical injury to tangible property. The exception in the paragraph above does not apply to claims for damages because of "bodily injury", "property damage", notification, costs, credit or identity monitoring ,94pp,n,14ee, ,forensic expenses, public relations„i,expenses, data restoration expenses, extortion exl On"s or any other similar cost or expense A8111rr d by yoaa or others arising out of a "cybor indfatalffi"`, B. The following paragraph is added to SECTION III -- LIMITS OF INSURANCE: Subject to the Each Occurrence Limit In Paragraph 5., the most we will pay under COVERAGE A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is a sub -limit of $100,000. SECTION I — COVERAGE C MEDICAL PAYMENTS EXCLUSIONS Any Insured Amendment Exclusion a. Any Insured under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following-, ar. Any Insured To any insured. This exclusion does not apply to: (1) "Not -far -profit members' (2) "Golfing facility„ members whi are riot paid fee, salary, or other compensation; ear (3) "Volunteer workers". This exclusion exception does not apply if Ct3VERAGS C MEDICAL. PAYMENTS Is excluded by another endorsement to this Coverage Part. Product Amendment Exclusion f. Products-Ccmpieted operations Hard under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following., f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". This exclusion does not apply to "your products" sold for use or consumption on your pmrr'nises, while such products are still on your premiss . This exclusion exception, does not apply if COVERAGE C MEDICAL PAYMENTS Is excludf,-d by another endorsement to this Coverage Part. SECTION I --- SUPPLEMENTARY PAYMENTS -"- COVERAGES A AND B Expenses For Bail Bands And Loss Of Earnings A. Subparagraph 1.bi. under SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is deleted in its entirety and replaced with the following. Is. Up to $5,000 for cost of bail kmnda3 required because of accidents or traffic la v Violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies, We do not have to furnish these bonds. Copyright, 2024 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSUREWS COPY CG 73 00 04 25 Page 4 of 9 Page 782 of 1281 B. Subparaggra h 1.d, under SUPPLEMENTARY PAYIiMENT —COVERAGES A AND B is deleted In Its entirety and replaced with the following; d. Alf 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 $1,000 a day because of time off from work. SECTION II -s WHO IS AN INSURED Amendments Not -for -Profit Organization Members The following paragraph is added to SECTiON 11 WHO IS AN INSURED, - If you are an organization other than a partnership, joint venture, or a limited liability company, and you are e not-€ar prof1t organfzeflon, the following: are included as additional insureds: 1. Your offTaials; 2. Your trustees; °' 3, Your members; 4. Your board members; 5. Your commission members; 6. Your agency members; 7. Your Insurance managers; S. Your elective cr appointed ot'fior Ire, and g. Your"not-far-profiitmembers"., However only With respect to their ifablIlty for your activities or activities they perform on your behalf. Errrpleyees As insureds Modified A. Subparagraph 2.a,(1)(a) under SECTION f1—WHO IS AN INSURED does not apply to "bodily: injury" to a "temporary worker" caused by :a era.-"ernployerr" who is not a "temporary worker". B. Subparagraph 2.a.(2) under SECTION II —— WHO IS AN INSURED does not -apply to "prOPgr&y.damage" to the prap:3rty of a 'temporary worker" or "volunteer worker" caused by a co-"emplaYW .►vitas is; not a "temporary worker" or "volunteer worker". C. Subparagraph 2.a.(1)(d) under SECTION 11 —WHO IS AN INSURER? does not apply to "bodily Injury' caused by cardio-pulmonary resuscitation op first aid services administered by a cO_?,emp10yee With respect to this provision only, Subparagraph (1) of Exclusion 2. e, Employees Liability under $ECTlION COVERAGES, COVERAGE A BODILY -IIN PURR AND PROPERTY DAMAGE LIABILITYd00 t of apply. Newly Formed Or Acquired Organization'!&,. A, Subparagraph 3.a, under SECTION 11°_ WN0 io AN INSURED is deleted In Its entirety and ropfacod with the foilowing: Copyright, 2024 Selective Insurance Company of America_ All rights reserved. . Includes copyrighted material of Insurance Services OIliic.t;', Inc., with Its permission. INSUREDI , Copy a. Coverage under this provision is afforded only unth the 180th day after You acquire or form the organlzafion or the end of the Policy period, whichever Is earlier, However, COVERAGE A does not apply to "bodily Injury" or "property darnage. that occurred before you acquired or formed the Organization. B. The following paragraph Is added to SECTION 11-- WMO IS AN INSURED, Paragraph 3: If you are engaged in the business of cOnstructfon of dwellings three stories or less in height, or other buildings three stories or less in height and less than 25,000 square feet in area, You will also be an Insured with respect to "your work" only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you are or were a member, even 9 that partnership or Joint venture is not show,, as a famed Insured. However, this prOvisian only applies if you maintain or maintained an interest Of at least fifty percent in that parnership or Joint venture for the period of that Partnership or Joint venture. This provision does not apply to any partnership or joint venture that has been dissolved or Otherwise ceased to function for more than thirty-six months, With respect to the insurance provided by this provision, Nwly Formed or Acqulmd thffow ng Is added to SECTION IV - ,COMMERC tIAL GENERAL LIABILITY, Paragraph 4. Oth¢rr insura"eq, Subparagraph b. EXCOSS Insurance: The Insurance provided by this provision, Noreefy Formed or Acquired organizations, i$ excess over any other insurance available to the Insured, Whether primary, excess, contingent or on any other Basis. (All other provisions of this section remain unk,,4atiged) Blanket Additional Insureds -. As Required By Contract A. Subject to the Primary and Non -Contributory provisioh set forth In this endorsement, SECTION Ii -- WHO IS AN iNSURED Is amended to Include as an additional Insured: I. Owners, Lessees or Contractors/Architects, Engineers and Surveyors a. Any person or organization for whom you are performing operations whOn You and such person or organization have agreed in a written contact, written agreament or written permit that such person or organization be added as tiro additional Insured on your commercial general liability Policy, and b. Any other person or organization, including any architects, engineers or surveyors not engaged by you, whom you are required to add as an additional insured under your policy in the contract or agreement in Paragraph a above: CG 73 ep 0425 Pages 5 Of 9 Page 783 of 1281 Such person or organization Is an additional b. Managers or Lessors of Premises insured only with respect to liability for "bodily Any person or organization from whom you Injury", "pro damage" or 'personal and g p lease premises, but only with respect to advertising injury" caused, in whole or in part, liabilityfor Injury", " iY j rY", property damage by: or "personal and advertising injury' caused, (1) Your acts or omissions; or in whole or in part, by you or those acting an (2) The acts of omissions of those acting on your behalf in connection with the your behalf; ownership, maintenance or use of that part of the premises leased to you. in the performance of your ongoing operations performed for the additional insured in This Insurance does not. apply to any Paragraph a., above, 'occurrence" which takes place after you cease to be a tenant of that premises. However, this insurance does not apply to: c. Mortgagees, Assignees or Receivers 'Bodilyinjury",p " property damage or personal and advertising injury' arising out of the Any person or organization with respect to rendering of, or the failure to render, any their liability as mortgagee, assignee or professional architectural, ;engineering or receiver and arisingout of the ownership, surveying services by or for you, incfuding: maintenance or use of your premises. (1) The preparing, approving, ,or failing to This insurance does not apply to any to prepare or approve, maps, shop drawings, opinions, reports, survoys, field orders, "occurrence" which' takes place after the mortgage is satisfied, or the assignment or 93 change orders or drawings and receivership ends, U) specifications; and d. Any Person or Organization Other Than N (2) Supervisory, inspection, architectural or A Joint Venture engineering activities. Any person or organizaVon (other than a Professional services do not include services joint venture of which you are a member), ® within construction means, methods, but only with respect to liability for "bodily techniques, sequences and . procedures injury„ "property, damage" or "personal and employed by you In connection with your advertising injury" caused, In whole or in operations in your capacity as a construction part, by your acts or omissions or the acts of contractor, omissions of those acting on your behalf in the performance of your ongoing operations A person or o aniz�eiion's status as an or in connection with property owned by additional Insured under this endorsement ends you. when your operations for the person or organization described in Paragraph a. above a. State or Govern mental agency or are completed, Political Subdivision -- Permits or Authorizations 2. Other Additional Insureds Any state or governmental agency or Any of the following persons, or organizations subdivision or political subdivision, but only with whom you have agreed in a written with respect to: contract, written agreement or written permit that such persons or organizations be added as (1) Operations performed by you or on your an additional insured on your commercial general liability policy: behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit a. Lessors of Leased Equipment or authorization, or Any person or organization from whom you (2) The following hazards for which the lease equipment, but only with respect to state or governmental agency or liability for "bodily injury", "property damage" subdivision or political subdivision has or "personal and advertising injury" caused, issued a permit or authorization in in whole or in part, by y�ao�rrdintengnce, connection with premises you own, rent. operation or use of equipment leased to you or control and to which this insurance by such person or organization. applies: With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "acourrence" which takes place after the equipment lease expires. Copyright, 2024 Selective Insurance Company of America_ AEI rights reserved. CG 73 00 04 25 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of g INSUnDIS COPY Page 784 of 1281 (a) 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; (b) The construction, erection or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this Insurance. This insurance does not apply to: I. "Bodily injury" or "property damages arising out of operations performed for the federal govetr' McV1, ; stage or _ municipality; or, 11, "Bodily lnjujV1..:or "°property 93 damage" Included within the N "products-complated operations hazard". With respect to Paragraphs 2.b, through 2.d., this insurance does not apply to 8 structural afterations, new construction or demolition operations performed by or on behalf of such person or organization. B. The insurance coverage afforded to the additional insureds In this coverage extension: 1. Does not apply unless the written contract or written agreement has been sfgned try the Named Insured or written permit Issued prior to the "bodily lnj"ry" or "property damage" or "personal and advertising injury"; 2. Only applies to the extent peemtrtted"by iand 3. Will not be broader than that . Whlgh; you are required by the written ocorEttdtit; ` written argroement, or written permit to °provide to such additional insured. Broad Form Vendors Coverage Subject to the Primary and Non-Contrlbutary Provision set forth in this endorsement, SECT1011 _II' — WHO IS AN INSURED is amended to indude as an additional insured any person or organization (teferred to below as vendor) for whom you have agreed in a written contract or written agreoment eta provide coverage as an additional insured tender your policy. Such person or organization is an additional insured only with respect to "bodily injurer` or "propwtyr damage" arising out of "your products' which are distributed or sold in the regular course: of the vendor'sbusiness. However, the Insurance afforded the vendor does swot apply to: a. "13odily Injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liabliity in a contract or agreement: however 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, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of pares 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 sale of the product; or f. Products which, after distribution or sale by you, have been labeled or re -labeled or used as a container, part of ingredient of any other thing or, substance by or for the vendor; however this Insurance does not apply to any Insured person or organization, from who you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. The provisions of this coverage extension do not apply unless the written contract or written agreement has been signed by the Blamed Insured prior to the "bodily injury" or "property damage", Incidental Malpractice Subparagraph 2.a.(1)(d) under SECTION it _WHO iS AN INSURED is deleted in its entirely and repiat-nd with the following: (d) Arising out of his or her providing or failing to provide professional health care services, This does not apply to nurses, emergency medical technicians or paramedics if you are not in the business or occupation of providing any such professional services. This also does not apply to "bodily injury' caused by cardio-pulmonary resuscitation or first aid services administered by a co -°employee". This provision does not apply if you are a Social Service or Senior Living risk. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS --- Amendments Knowledge Of Occurrence, Claim, Suit Or Loss The following is added to Paragraph 2. Duties in the Event of Occurrence, Offense, claim or suit under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: Copyright, 2b,24 Solective insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services office, Inc., with Its permission. INSURED'S COPY CG 73 00 04 25 Page 7 of 9 Page 785 of 1281 N 9 N The requirements under this paragraph do not apply until after the "occurrence" or offense is known to.- 1. You, if you are an individual; 2. A partner, 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 elected or appointed officials, officers, members, trustees, board members, commission members, agency members, or your administrator or your Insurance manager if you are an organization other than a partnership, Joint venture, or limited liability company, Primary and Non -Contributory Provision The following is added to paragraph 4. Other Insurance, b. Excess Insurance under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is primary to and we will not seek contribution from any other insurance available to an additional insured under this policy provided that: (1) The additional insured is a Named Insured under such other Insurance; and (2) You have agreed in a written contract, written agreement or written permit that this insurance would be primary and would not seek contribution from any other Insurance available to the additional insured. Unintentional Failure To Disclose Hazards The following is added to Paragraph e. Representations under SECTION iV — COMMERCIAL GENERAL LIABILITY CONDITiONS! However, if you should unintentionally fail to disclose any existing hazards in your representations to us .at the inception date of the policy, or during the policy period in connection with any additional hazards, we shall not deny coverage under this Coverage Part based upon such failure to disclose hazards. Waiver Of Transfer Of Rights Of Recovery The following is added to Paragraph 8. Transfer of Rights Of Recovery Against Others To Us under SECTION IV --. COMMERCIAL GENERAL LIABILITY CONDITIONS: We will waive any right of recovery against a person or organization because of payments we make under this Commercial General Liability Coverage Part. This waiver applies only if the insured has agreed in a written contract or written agreement to: 1. Waive any right of recovery against that person or organization; or 2. Assume the liability of that person or organization pursuant to a written contract or written agreement that qualifies as an "insured contract; and 33. Include such person or organization as an additional insured on your policy, Such waiver by us applies only to that person or organization identified above, and only to the extent that the Insured has waived its right of recovery against such person or organization prior to lass, Liberalization The following condition Is added to $ECTION IV — COMMERCIAL GENERAL LiABILtTY CONDITIONS: If we revise this Coverage Part to provide more coverage without additional premium charge, subject to our flied company rules, your policy will automatically provide the additional coverage as of the day the revision is effective In your state. Two or More Coverage Parts or Policies Issued By Us (This provision is not Applicable .in the state of New York or Wisconsin). The following condition is added to SECTiON IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: It is our intention that the various coverage parts or Policies Issued to you by us, or any company affiliated with us, do not provide any duplication or overlap of coverage. We have exercised diligence to draft our coverage parts and policies to reflect this intention, However, if the foots and circumstances that will respond to any claim or "sult" give rise to actual or claimed duplication or overlap of coverage between the various coverage parts or policies issued to you by us or any company affiliated with us, the limit of Insurance under all such coverage parks or policies combined shall not exceed the highest applicable limit under this coverage, or any one of the other coverage forms or policies. This condition does not apply to any Excess or Umbrella policy issued by us specifically to apply as excess insurance over this coverage part or policy to which this coverage part Is attached. SECTION V - DEFINITIONS Discrimination (This provision does not apply in New York). A. The following is added to Definition 14. 'Personal and advertising injury". "Personal and advertising injury" also means "discrimination" that results in injury to the feelings or reputation of a natural person, however only if such "discrimination" or humiliation is: 'I. Not done by or at the direction of: a. The insured; or b, Anyone considered an insured under SECTION 11-WHO IS AN INSURED; 2. Not done Intentionally to cause harm to anoMer person. Copyright, 2024 Selective Insurance Company of America. All rights reserved. CG 73 00 04 25 includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 8 of g iNSURED'S COPY Page 786 of 1281 3. Not directly or indirectly related to the employment, prospective employment or terminatlon of employment of any person or persons by any insured. 4. Not arising out of any "advertisement" by tha Insured. S. The following definition Is added to SECTION V DEFINITIONS: "Discrimination" means: a. Any act or conduct that would be considered discrimination under any applicable federal, state, or local statute, ordinance or law; b. Any act or conduct that results In disparate treatment of, or has disparate impact on, a person, because of that person's race, religion, gender, sexual orientation, age, disability or physfc, e Impairment; or c. Any act or conduct characterized or Interpreted Cq as discrimination by a person based on that persona race, religion, gender, sexual n orientation, age, disability or physical Impairment. It does not Include acts or conduct characterized or interpreted as sexual intimidation or sexual harassment, or intimidation or harassment based on s person's gender. Electronic Data The following definition is added to SECTION V - DEFINITIONS — 'Electronic data" means informason, facts or programs stored a$ or on, creates[ or used on, or transmitted to or from computer software, including systems and applications software, hard or iioppy disks, CD-RoMS, tapes, drives, cell, data processing devices or any other media which are used with electronically controlled equipment. For the purpose of the Eleoironlc Data Liability coverage provided by this endorsement, Definition 17. "Property damage" is deleted in its entirety and 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; or b. Loss of, loss of use of, damage to, corruption of, Inability to acoess, or inability to properly manlpufate "electronic data", resuldng from physical injury to tangible proppeerty. Ail such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused It, For the purpose of the Electronic Data Liability coverage provided by this endorsement, "electronic data" is not tangible property. Employee Amendment Definition 5. "Emplayee" under SECTION V .� DEFINITION$ Is deleted in its entirety and replaced by the following: 5. "Employee" includes a "leased workers, or a "temporary worker", if you are a School, "Employee" also includes a student teacher. Golfing Facility The following definition is added to SECTION V _ DEFINITIONS: "Golfing facility" means a golf course, gaff dub, driving range, or miniature golf course. Mental Anguish Amendment (This provision does not apply In New work). Definition 3. "Bodily injury" under SECTION V —. DEFINITIONS is deleted in its entirety and replaced with the following: 3. "Bodily injury" means bodily Injury, sickness or disease sustained by a person, including death resulting from any of these at any time. This includes mental anguish resulting from any bodily injury, sickness or disease sustained by a person. {In Ne�v York, mental anguish has been determined to be "bodily injury"). Not-for-prof"+t Member The following definition is added to SECTION V DEFINITIONS: "Not -for -profit member" means a person who is a member of a not -for -profit organization, Including clubs and churches, who receives no financial or other compensation. Copyright, 2024 Selective Insurance Company of America. All rights reserved. CG 73 00 04 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of S INSUREWS Copy 9 Page 787 of 1281 N he 4 b IOWA GOVERNMENTAL IMMUNITY ENDORSEMENT POLICY NUMBER; s 2499092 COMMERCIAL GENERAL LIABILITY CG 79 90 04 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVErRAGZ PART SCHEDULE Name of Additional insured Organization CITY OF CMAR RAPIDS Mailing Address 500 ISTH AVE sw CHAR RAPIDS, IA 52404 i:. la. SECTION 11 — WHO IS AN INStldtED is amended to include as an additlonal insured the organization shown on the Schedule, but only with respect to: 'I. Liability for "bodily injury, 'property damage" or "Personal and advertising injury" caused, in whole or in part, by your acts or Omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured. 2. Liability for "bodily InJury" or "property damage caused, in whole or In part, by "your work" performed for the additional Insured and included in the "products and completed operations hazard With respect to insurance provided to the additional insured shown in the Schedule, Paragraph a. of SECTION iV -- COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance is deleted in its entirety and replaced with the following: c. Primary and Non -Contributory To Other Insurance This insurance is primary and will not seek contribution from any Other insurance of the additional insured except when Paragraph b. of the Other Insurance provision applies. This paragraph does not apply to other insurance to which the additional insured Organization has been added as an additional insured. C. Governmental Immunity With respect to Insurance provided to the additional insured shown on the Schedule, the following conditions ,are added to SECTION IV ,..., COMMERCIAL GENERAL LIABILITY CONDITIONS: Non -Waiver of Governmental immunity The inclusion of the additional insured shown on the Schedule does not waive any of the defenses of governmental immunity available to the additional insured under the Cade of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Claims Coverage The insurance provided by this policy shall cover only those claims not subject to the defense of governmental Immunity under the Code of iowra Section 670.4 as it now exists and as it may be amended from time to time. Assertion of Governmental Immunity The additional insured shown on the Schedule shall be responsible for asserting any defense of governmental immunity, may do so at any time and shall do so upon ourtimeiy written request, Nothing contained in this endorsement shall prevent us from asserting the defense of governmental immunity on behalf of the additional insured shown on the Schedule. Includes copyrighted material of insurance Services office, Inc., with its permission. Copyright, 2011 Selective Insurance Company of America. All rights reserved. INSURED'S COPY CG79800411 Page 1 of 2 Page 788 of 1281 Rion -Denial of Coverage We shall not deny coverage under this policy nor shall we deny any of the rights and benefits accruing to the additional insured shown on the Schedule under this policy for reasons of governmental immunity unless a court of competent jurisdiction has ruled in favor of the defense(s) of governmental Immunity asserted by the additional insured shown on the Sahadule. No Other Change In Policy We and the additional insured shown on the Schedule agree that the preservation of governmental immunities provided above shall not otherwise change or alter the coverage available under th is policy. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 79 90 0411 Copyright, 2011 Selective Insurance Company of America. All rights reserved. Pago 2 of 2 INSURED'S COPY Page 789 of 1281 Contracting, Installation, Service and Repair General Liability Extended ElitePacO Endorsement COMMERCIAL GENERAL LIABILITY Cis 79 88111} 23 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement mcd[fles insurance provided under the foilowmng: COMMERCIAL GENERAL LIABILITY COVERAGE PAIN With respect to coverage provided by this endorsement, the provlslons of the Coverage Form apply unless modified by the endorsement, A. BLANKET ADDITIONAL INSUREDS 1. Ongoing Operations ;SECTION 11 — W140 IS AN INSURED is amended to include as an additional insured: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in N a written contract, written agreement or written permit that such person or argdnlzation be added as an .additional a insured on your commercial general Iiabillty Policy; and b. Any other person or organization, including any architects, engineers or surveyors not engaged by you, whom you are required to add as an additional insured under your policy in the contract or agreement in Paragraph 1. above; If the written contract, written agreement, or written permit requires the additional insured be added with respect to liability arising cut of your ongoing operations, or requires coverage for the additonal insured to be included by the use of ISO's Additional Insured - Owners, Lessees or Contractors - Scheduled Person Or Organization endorsement CG' 20 10 1C1-Oi edition or its equivalent, such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed under that contract, agreement, or permit. If the written contract, written agreement, or written permit does not require that the additional insured .be added with respect to liability arising out of your ongoing operations, or requires coverage for the additional insured to be Included by the -use of ISO,$ Additional Insured - Owners, Lessees or Contractors - Scheduled Iverson Or Organization endorsement CG 20 10 07-04 (or subsequent) edition or its equivalent, then such person or organization Is an additional Insured only with respect to "bodily injury°, "property damage" or "personal and advertising injury„ caused in whole or in part by your ongoing operations performed under that contract, agreement, or permit. 2. completed Operations SECTION II — 't14IHO 18 AN INSURED is amended to include as an additional Insured; a. Any person or organization for whom you are performing -, or have performed operations when you. and such person or organizaton have agreed In a written contract, written agreement or written permit that such person or organization be added as an additional insured on your commercial general liability policy; and b. Any other person or organization, including any architects, engineers or surveyors not engaged by you, whom you are required to add as an additional insured under your policy in the contract or agreement in Paragraph 1. above; Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 79 8810 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 INSURED'S Copy Page 790 of 1281 If the written contract, written agreement, or written permit requires the additional Insured be added with respect to liability arising out of "your work" performed under that contract, agreement, or permit and Included in the "products -completed operations hazard", or requires coverage for the additional Insured to be included by the use of ISO's Additional Insured - Owners, Lessees or Contractors - Completed Operations endorsement GG 20 37 10-01 edition or its equivalent, such person or organization Is an additional insured only with respect to their liability arising out of "your work" performed under that contract, agreement, or permit and included in the "products -completed operations hazard". If the written contract, written agreement, or written permit does not require that the additional insured be added with respect to liability arising out of "your work" performed under that contract, agreement, or permit and included in the "products -completed operations hazard", or requires coverage for the additional insured to be included by the use of ISO's Additional Insured - Owners, Lessees or Contractors - Completed Operations endorsement CG 20 37 07-04 (or Subsequent) edition or its equivalent, then 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 park, by "your work" performed under that contract, agreement, or permit and included in the "products -completed operations hazard", 3. The insurance afforded to the additional insureds in Paragraphs 1. and 2. above: a. Does not apply unless the written contract or written agreement has been signed by the Named insured or written permit issued prior to the "bodily injury", 'property damage" or "personal and advertising Injury"; b. Only applies to the extent permitted by law; and c. Wiil not be broader than that which you are required by the written contract, written agreement, or written permit to provide to such additional insured. 4. Exclusions a. With respect to the insurance ' afforded to additional insureds under a. Ongoing Operations the following is added to 2. Exclusions under SECTION I -- COVERAGE A -- BODILY INJURY AND PROPERTY DAMAGE LIABILITY. This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" occurring after: (1) All work, including materials, parts or equipment fumished 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 site 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 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 some project, b. With respect to the insurance afforded to these additional insureds under a. tangoing Operations and b. CommpJeted Operations, the',following is added to 2. (Exclusions under SECTION I --- COVERAGE A BODILY INJURY AND PROPERTY I: DAMAGE'LIABILITY: This insurance does not apply to: "Bodily injury, :. "property damage", or "personal and advertising injury" arising out of the rendering of, or the fallure 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 specifiaations,.or . (2) Supervisory, inspa'dffo r, architectural or engineering activities. a, Conditions With respect to the insurance afforded to these additional insureds under a. Ongoing Operations and b. Completed Operations the following is added to _paragraph 4. Other Insurance, a. primary `` Insurance under SECTION IV a COMMERCIAL GENERAL LIABILITY CONDITIONS* This Insurance is primary to and will not seek contribution from arty other insurance avairabte. to an additional insured, under this policy provided that: a. The additional Insured is a Named Insured under such other Insurance; and Copyright, 2023 Selective Insurance Company of America, All rights reserved. CCU 79 EB 10 23 Includes copyrighted material of Insurance Services Mice, Inc., with its permission. page, 2 of 4 INSU►ED'S COPY Page 791 of 1281 b. You have agreed in a written contract, written agreement or written permit that this Insurance would be primary and would not seek contribution from any other Insurance available to the additional insured. 13. PROPERTY DAMAGE CARE, CUSTODY OR CONTROL 1. The following Is added to Excluston j. under SECTION i -- COVERAGE A BODiLY INJURY AND PROPERTY DAMAGE LIABILITY., Paragraphs (4) and (5) of this exclusion do not apply for the limited purpose of providing the coverage and sub -limits of liability as set forth below. We will pay those sums that the insured becomes legally obligated to pay as damages because of °property damage" to: a. Personal properly, including keys, in the care, custody or control of an insured, and b. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf ars performing operations, if the "property damaga" arise$ out of those operations. The most we will pay under a. and b. above in any one "Occurrence° or for all damages during any one policy period is a sub4imit of $1o0,000. These limits are included in and not in addition to the Limits of insurance shown In the Declarations of the Commercial General Liability Policy. Our right and duty to defend the insured against any "cult" for damages under a. and b. above ends when we have used up the applicable sub4imit of liability In the payment of judgments or settlements under It. 2, With respect this provision only, the following is added to Definition 17. under SECTION V — DEFINITION$: Property damage° also includes adjustment of looks to fit now keys or the cost of new lodes, including their Installation, when replacing keys covered in Paragraph 1.(a) above provided that such "property damage" is not a result of any dishonest act on the part of any insured, or the insured's employees or agents, whether acting alone or in collusion. C, OTHER INSURANCE AMENDMENT SUPPLEMENTAL COVERAGE FOR INSUREDS INVOLVEMENT IN A CONTROLLED (wRA .Up) INSURANCE PROGRAM I. The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance b. Excess insurance (1)(a), (v) That is covered by a "controlled (wrap-up) insurance program" in which you are enrolled for your ongoing cparations or operations included within the "products -completed operations hazard', unless -such "controlled (wrap-up) insurance Program" is specifically excluded from coverage on this policy. 2. Tho following is added to SECTION V --- DEFiNITiONS "COntrolfed (wrap-up) insurance program' means a centralized insurance program under which one party has secured either insurance or self Insurance covering some or all of the contractors or subcontractors performing work on one or more specific project(s), D. FELLOW EMPLOYEE EXTENSION Under SECTION Ill -- WHO IS AN INSURED Paragraphs 2.a. and 2.a. (1) are replaced by the following: 8. Your "volunteer workers" only while performing duties related to the conduct of your business, or your °bmpioyees", other than either your "executive officers" (if you are an organization other than a partnership, Joint venture, or limited liability company) or your managers (if you are a limited liability company), but only for acts wiWn the scope of their employment by you or while performing duties related to the conduct of your business. i-lowever, none of these 'employees" or 'volunteer workers" are Insureds for 'bodily injury" or "personal and advertising Injury' arising out of his or her providing or failing to provide professional health care services. With respect to fhls provision only, Subparagraph (1) of Exclusion 2, e. Employees Liability under SECTION I - COVEiiAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE UA131LITY does not apply. Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 79 8810 23 includes copyrighted material of Insurance Services office, Inca, with its permission. INSURED'S CONY' Pages 3 of 4 Page 792 of 1281 E. CONTRACTUAL LIABILITY (RAILROADS) Definition 9. under SECTION V — DEFINITIONS is amended as follows: 1. Paragraph c, is deleted) in its entirety and replaced by the following: c. Any easement or license agreement; 2. Paragraph E(7) is deleted in its sndrety. F. CONTRACTUAL LIABILITY) AMENDMENT -- (PSRSONAL AND ADVERTISING INJURY) If it Is required in a written contract, written agreement or written permit with the insured that any contractual liability exclusion for personal Injury be removed from the policy, then Exclusion a. Contractual Liability under COVERAGE B PERSONAL AND ADVERTISING INJURY, 2. Exclusions is deleted in its entirety and replaced by the following: a, Contractual Liability "Personal and advertising Injury" for which the insured has assumed liability in a contract or agreement arising out of an "advertisement'. This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement. G. WAIVER OF GOVERNMENTAL IMMUNITY 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, H. DAMAGE TO PREMISES RENTED TO YOU The limit of Insurance for Damage To Premises Rented To You is increased to $1,000,000. Copyright, 2023 Selective Insurance Company of America, All rights reserved. GG 79 8810 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. page 4 of 4 INSURED'S COPY Page 793 of 1281 l y QD Commercial Automobile Extension COMMERCIAL AUTO CA 78 09 04 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respeLt to coverage provided by this endorsement, the provisions of the Business Auto Coverage Evan apply unless by the endorsement. AMENDMENT TO SECTION I » COVERED AUTOS COVERAGES AND SECTION tI - COVERED AUTOS LIABILITY COVERAGE If this policy provides Auto Liability coverage for Owned Autos, the following extension is applicable: EMPLOYEE OWNED AUTOS • BUSINESS USE Solely for purposes of the coverage extended by this endorsement: A. The following Is added to SECTION 1, A. Usscription of Covered Auto Designation Symbols: Coverage symbols 1, 2, 3, 4, S, 6 and 7 are amended to include the following: Any "auto" owned by an "employes" specifically described on the Declarations page or on file with us when issued on a non -specified "auto" basis is considered an "auto" You away and not a covered "auto" you hire, borrow or lease; and S. The following Is added tosmiowilr, A-9. Who is An Insured: An "employee" who is the owner of a specifically described "auto" on the Declarations page or on fire with us when issued on a non -specified "eutoll basis is an "insured". If the "employee" owned nauto" is used: 1. Without your permission; 2. Outside the scope of any ,policisa and procedures your business has for acceptable vehicle usage; 3. For any purpose other than the conduct of your business; or 4. By anyone other than the "employee" who owns the "auto", except another "employee", the llmlts of liabillty available to the 'amployee" or anyone other than a named "insured" under all coverages shall be limited to the higher of 1. $ 250, 000, or 2. The compulsory or financial responsibility law limits where the "auto" Is licensed and principally garaged. AMENDMENTS TO SECTION Ii , LIABILITY COVERAGE A. If this policy provides Auto Liability coverage for Owned Autos, the following extensions are applicable acoardingly: NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following is added to SECTION II, A.9. - Who Is An Insured° Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no similar insurance available to that organization. However. I. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the polloy period, whichever is earlier, 2. Coverage does not apply to "bodily injury" or "property damage" resulting from an "accidenf' that occurred before you acquired or formed the organization. No person or organization is an "insured" with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Copyright, 2023 Selective Insurance Company of America. Ali rights reserved. Includes copyrighted material of Insurance Services office, Inc., with its permission, INSURED'S COPY CA 78 09 04 24 Page 1 of 7 Page 794 of 1281 EXPENSES FOR BAIL BONDS AND LOSS OF EARNINGS Paragraphs (2) and (4) of SECTION 11, A.2.a. - Supplementary Payments are deleted in their endrety and replaced with the following: (2) Up to the Limit of Insurance shown an the ElitePac Schedule for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" covered under this policy. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, This includes actual loss of earnings because of time off from work, which we will pay up to the Limit of Insurance shown on the ElitePac Schedule. EMPLOYEE INDEMNIFICATION AND EMPLOYER'S LIABILITY AMENDMENT The following is added to SECTION 11, 13,4. - Exclusions: This exclusion does not apply to i- z "volunteer worker" who is not entitled to workers compensation, disability or unemployment compensation benefits. FELLOW EMPLOYEE COVERAGE The Fellow Employee Exclusion, SECTION 11, B.5, - is deleted in its entirety. CARE, CUSTODY OR CONTROL AMENDMENT The following is added to SECTION 11, 13,6. - Exclusions; This exclusion does not apply to property owned by anyone other than an "insured", subject to the following; i. The most we will pay under this exception for any one "accident" is the Limit of insurance stated In the ElitePac Schedule; and 2. A per "accident" deductible as stated in the ElitePac Schedule applies to this exception. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities, B. If this policy provides Auto Liability. coverage for Owned Autos, Non -Owned Autos or. Hired Autos, the following extensions are applicable accordingly, LIMITED LIABILITY COMPANIES The following is added to SECTION 11, AA. - Who Is An Insured: If you are a limited liability oomparry, your members and managers are "insureds" while using a covered "auto" you don't own, hire or borrow during the course of their duties for you. BLANKET Ar]OMONAL INSUREDS - As Required By Contract The following is added to SECTiON 11, A.I. - Who la An insured: Any person or organization whore you have agreed in a wrtten contract, written agreement or written permit that such Pierson or organization be added as an additional "Insured" on the Business Auto Coverage Part an your policy Is an additional "Insured", but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your ownership, maintenance or use of a covered "auto". This coverage shall to primary and non-contributory with respect to the additional 'insured". This provision only applies if: 1. It is required in the written contract, written agreement or written permit Identified in this section; 2. It is permitted by law, and 3. The written contract or written agreement has been executed (executed means signed by a named Insured) or written permit issued prior to the "bodily injury" or "property damage", C. if this policy provides Auto Liability coverage for Non -Owned Autos, the following extension is applicable accordingly: EMPLOYEES AS INSUREDS If this policy provides Auto Liability coverage for Non -Owned Autos, the fallowing is added to SECTION II, A.1. -Who Is An Insured. 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. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contrast or agreement in that "employee's" name with your permission, while performing duties related to the conduct of your business._ AMENDMENTS TO SECTION III P14YsICAL DAMAGE COVERAGE For those covered "autos" for which Comprehensive, Specified Causes of Loss or Collision coverage shown in the Declaration, the following extensions of coverage are applicable: Copyright, 2023 Selective Insurance Company of America. All rights reserved. CA 78 09 44 24 Includes copyrighted material of insurance Services Office, Inc., with its permisslont. Page 2 of 7 INSUREWS, COPY Page 795 of 1281 y� N TOWING AND LABOR SECTION Ill, A.2. - Towing Is deleted in its entirety and replaced with the following: We will pay all reasonable towing and labor costs up to the applicable Limit of Insurance shown on the ElltePac Schedule per tow each time a covered "Private Passenger Auto", "Social Service Van or Bus", al lght Truck" or any commercial "auto' with a gross vehicle weight rating or gross combination weight greater than 10,000 pounds Is disabled. For labor charges to be eligible for reimbursement the labor must be performed at the place of disablement. Coverage for towing and labor costs afforded by any other endorsement added to the commercial auto policy shall apply in excess of the coverage afforded by this ElltePac. This coverage extension does not apply io Emergency Services Organizations and Governmental Erjulies. GLASS 13REAKAGE DEDUCTIBLE The following is added to SECTION III, A.3. Glass Breakage - Hitting A Bird Or Animal -Failing Objects or Missiles: If damaged glass is repaired rather than replaced, no deductible will apply for suchrepalr. This extension does not apply to Emergency Services Organizations and Governmental Entities, ADDITIONAL TRANSPORTATION EXPENSES SECTION Ill, A.4.a. - Transportation !Expenses Is deleted in its entirety and replaced with the following: We will pay up to the Limit of insurance shown on the ElltePac Schedule for temporary transportation expenses that you incur because of any "loss" to a covered "auto", but only if the covered "auto' carries the coverages and meets the requirements described in Paragraphs 1. or 2, below: 1. We will pay temporary transportation expenses for Natal theft: of a covered 'auto, We will only pay for such expenses incurred during the period be inning 24 hours after the theft and ending, regardless of the policy's expiration, when the .covered "auto" is returned to use or we pay for its "loss 2. For "loss" other than total theft of a covered "auto" under Comprehensive or Specified Causes of Loss Coverage, or for any "loss" under. Collision Coverage to a covered "auto", we will only pay for those temporary transportation expenses incurred during a period of time reasonably required to repair or replace the covered "sold", even if that time period extends beyond the policy expiration date. Paragraph x, of this extension does not apply while there are spare or reserve "autos" available to you for your operations. The 24 hour waiting period found on any otherform endorsed onto the Auto Coverage part does not apply for any covered Rental Reimbursement loss". This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. HIRED AUTO PHYSICAL DAMAGE COVERAGE If Comprehensive, Specified Causes of Loss or Collision coverage applies to a covered "auto", the following is added to SECTION 111, A,4. - Coverage Extensions Physical Damage coverage is hereby extended to apply to Physical Damage "loss" to "autos" leased, hired, rented or borrowed without a driver. We will provide coverage equal to the broadest coverage available to any covered ,,auto° shown on the Declarations; however, the most we will pay for "loss" to each "auto" under this coverage extension Is the lesser of: 1. The Limit of Insurance stated in the ElitePac Schedule; or 2. The actual cash value of the damaged or stolen property as of the time of the "loss,; or S. The actual cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. A part Is of like kind and quality when it is of equal or better condition than the pre -accident part. We will use the original equipment from the manufacturer when: (a) The operational safety of the vehicle might otherwise be impaired; (b) Reasonable and diligent efforts to locate the appropriate rebuilt, aftermarket or used part have been unsuccessful; or (c) A new original equipment parr of like kind and quality is available and will result in the lowest overall repair cost. For each leased, hired, rented or borrowed coverer! -auto" our obligation to pay each applicable "loss" will be reduced by the hired "auto" deductible on this policy. If there is no hired auto" coverage symbol 8 for physical damage coverage on the policy, our obligation to pay for each "loss" will be reduced by the deductible equal to the highest deductible applicable to any owned "auto" for that coverage. No deductible will be applied to any "toss" caused by fire or lightning. Copyright, 2023 Selective Insurance Company of America. All rights reserved. CA 79 09 04 24 Includes copyrighted material of insurance Services Office, lnc., with its permission. Page 3 of 7 INSURED'S COPY Page 796 of 1281 11) cm Ln Q n LO 0 SECTION IV, B.S. Other Insurance Condition, Paragraph S.b. is deleted in Its entirety and replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed io be covered "autos you own: 1. Any covered "auto' you lease, hire, rent, or barrow; and Z Any covered "auto" hired or ranted by your °employee" under a contract or agreement in that "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*. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. HIRED AUTO LOSS OF USE COVERAGE If Comprehensive, Specified Causes of Loss or Collision coverage applies to a covered "auto", the following is added to SECTION IiI, A.4. - Coverage Extensions: We will pay expenses for which you are legally responsible to pay for loss of use of a leased, hired, rented or borrowed "auto" if it results from an "accident". The per day limit in the Business Auto Coverage foram does not apply and the most we will pay per "accident" is the Limit of insurance shown on the ElitePac Schedule' Loss of Use Expense limits afforded by any endorsement added to the commercial auto policy shall apply in excess of the coverage afforded by this EiitePac form. This coveraaa extension does not apply to Emergency Services Organizations, Governmental Entities, and Schools. AUTO LOANtLEASE GAF" COVERAGE (Not Applicable in Now York) It Comprehensive, Specified Causes of Loss or Collision coverage applies to a covered "autaa, the following is added to SECTION ill, AA. - Coverage Extensions; in the event of a total "loss" to a covered "auto" we will pay any unpaid amount due on the lease or loan for a covered "auto", less; 1. The amount paid under the Physical Damage Goverage Section of the policy; and 2. Any: a. Overdue Or any deferred leaselloan payments at the time of "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear, high mileage or similar charges; c. Security deposits not refunded by the lessor or financial institution; d. Costs for extended warranties, credit life, health, accident, or disability insurance purchased with the loan or lease; and e, Garry -over balances from previous leases or loans. You are responsible for the deduotible applicable to the "loss" for the covered 'auto". The Insurance provided by this coverage provision is excess over any other collectible insurance Including but not limited to any coverage provided by or purchased from the lessor or any financial institupon. PERSONAL EFFECTS The following is added to SECTION III, AA. - Coverage Extensions; If this policy provides Comprehensive Coverage for a covered "auto" you own and that covered "auto" is stolen, we will pay up to the Limit of Insurance shown on the ElitePac Schedule, without application of a deductible, for lost personal effects that were in the covered "autd' at the time of theft. Personal effects do not include jewelry, tools, money, or securities. This coverage is excess over any other collectible insurance. AIRBAG COVERAGE The following Is sodded to SECTION III, B.3.a. - Exclusions: Mechanical breakdown does not Include the accidental discharge of an airbag. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. EXPANDED AUDIO, VISUAL, AND DATA ELECTRONIC EQUIFMENT COVERAGE SECTION il1,19.4. - Exclusions This exclusion does not apply to the following: I. Global positioning systems; 2. "Telematic devices"; or 3. Electronic equipment that reproduces, receives or transmits visual or data signals and accessories used with such equipment, provided such equipment Is: a. Permanently installed in or upon the covered "auto" atthe time of the "loss"; Copyright, 2028 Selective Insurance Company of America. All rights reserved. CA 78 09 0424 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. page 4 of 7 INSURED'S COPY Page 797 of 1281 N M F4 P4 a 0 b. Removable from a housing unit that is permanently Instalfed in the covered "auto" at the time of the "loss": c. Designed to be solely operated by use of power from the "auto's" electrical system; or d. Designed to be used solely in or upon the covered "auto". For each covered "loss" to such equipment, a deductible Of $50 shall apply, unless the deductible otherwise applicable to such equipment is less than $50, at which point the tower deductible, if any, will apply. COMPREHENSIVE DEDUCTIBLE - LOCATION TRACKING DEVICE The following is added to SECTION III, D. - Deductible. Any Comprehensive Coverage Deductible ;shown in the Declarations will be reduced by 50% for any "lose' caused by theft if the covered "auto' is equipped with a location tracking device and that device was the sole method used to recover the "auto". PHYSICAL DAMAGE LIMIT OF INSURANCE SECTION IIi, C. - Limit Of Insurance Is deleted in its entirety and replaced with the following: The most we will pay for a loss" in any one "accident'° is the lesser of: f. The actual cash value of the damaged or stolen property as of the time of the "loss"; or 2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities, GREEN AUTOMOBILE REPLACEMENT COVERAGE in the event of a total "loss' to an owned "auto" that is a "gasoline powered auto" for which Comprehensive, Speed Causes of Loss, or Collision coverage applies, Physical Damage coverage will be amended as follows: If the owned 'gasoline powered auto" is replaced by you With a "green auto", we will pay an additional 10% of the "gasoline powered autos" actual cash value up to a maximum of$3000, provided the "auW is replaced and a copy of a bill of sale or new lease agreement is received by us within SO calendar days of the date of the "loss"_ Regardless of the number of "autos' deemed a total loss, the most we will pay under this coverage extension for any one "foss" is $10,000. AMENDMENTS TO SECTION 1V - BUSINESS AUTO CONDITIONS DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The following is added to SECTION IV, A.2.at. - Duties In The Event Of'Accident, Claim, Suit Or Loss: The notice regulrements for reporting "accident" claim, "suit" or "loss' Information to us, including provisions related to the subsequent investigation of such "accident", claim, "suit" or "loss" do not ,apply until the "accident", claim, "sulC or `loss" is known to: I. You, if you are an fndivldual; Z A partner, If you are a partnership; 3- An executive officer or Insurance manager, if you are a corporation; C Your members, managers or insurance manager, if you are a limited liability company; S. Your elected or appointed officials, trustees, board members or your insurance manager, if you are an organization other then a partnership, joint venture or limited llability company. However, this section does not amend the provisions relating to notification of police or protection or examination of the property that was subject to the "foss". WAIVER OF BUBROGATION SECTION IV, A.5. - Transfer Of Rights Of Recovery Against Others To Us is deleted in its entirety and replaced with the following: We waive any right of recovery we may have against any person or orgafnization because of payments we make, for "bodily Injury" or property damage" resulting from the ownership, maintenance or use of a covered "auto" but only when you have assumed liability for such "bodily injury" or "property damage" in an "insured contract". In all other circumstances, if a person or organization to or for whom we make payment under this Coverage Form has rights to recover darnages from another, those rights are transferred to us. MULTIPLE DEDUCTIBLES The following is added to SECTION IV, A. - Loss Conditions: If a "loss" from one event involves two or more covered "autos" and coverage under Comprehensive or Specified Causes of Loss applies, only the lhfghest applicable deductible will be applied. Copyright, 2023 Selective Insurance Company of America.. All rights reserved. CA 78 og 04 24 Includes copyrighted material of Insurance Services Offio% nc., with its permission. Page 5 of 7 INSURED'S COPY Page 798 of 1281 m N n CONCEALMENT, MISREPRESENTATION OR FRAUD The following is added to SECTION IV, B.2. - Conceailrnent, Misrepresentation Or Fraud: If you should unintentionally fail to disclose any existing hazards In your representations to us prior to the inception date of the policy or during the policy period in connection with any newly discovered hazards, we will not deny coverage under this Coverage Form leased upon such failure. POLICY PERIOD, COVERAGE TERRITORY SECTION IV, 13,7- - Policy Period, Coverage Territory is deleted In its entirety and replaced with the following: Under this Coverage Form, we cover "accidents" and "losses" occurring: a. Dr ng the policy period shown In the Declarations; nd b. Within the "Coverage Territory". We also cover "loss" to or "accidents" involving a covered "auto" while being transported between any of these places. TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US - DEDUCTIBLES The following is added to SECTION IV, E.8. - Two Or More Coverage Forms Or Policies Issued By Us: If a "loss" covered under this Coverage Form also involves a `loss" to other property resulting from the same "accident" that Is covered under this policy or another policy issued by us or any member company of ours, only the highest applicable deductible will be applied. AMENDMENTS TO SEC71ON V - DEFINITIONS BODILY INJURY INCLUDING MENTAL ANGUISH (Not Applicable in Now York) The definition of bodily injury is deleted in Its entirety and replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death resulting from any of these. "Bodily Injury" includes mental anguish resulting from bodily Injury, sickness or disease sustained by a person. ADDITIONS TO SECTION V - DEFINITIONS COVERAGE TERRITORY "Coverage Territury" means: 1. The United States of America (including its territories and possessions), Canada and Puerto Rico; and 2. Anywhere in the world, except for any country 6r Jurisdiction that Is subject to trade or other economic sanction or embargo by the United States of America, if a covered "auto" is leased, hired, rented, or borrowed without a driver for a period of 30 days or less, and the insured's responsibility to pay "damages" is determined in a "suit" on the merits in and under the substantive law of the United States of America (including its territories and possessions), Puerto Rico, or Canada, or in a settlement we agree to. If we are prevented by law, or otherwise, from defending the "insured" in a "suit" brought in a location described in Paragraph 2. above, the insured will conduct a defense of that "suit". We will reimburse the "Insured" for the reasonable and necessary expenses Incurred for the defense of any such "suit" seeking damages to which this insurance applies, and that we would have paid had we bean able to exercise our right and duty to defend. GASOLINE POWERED AUTO An "auto" that is designed to be solely powered by petroleum -based fuel. GREEN AUTO An "auto" that is designed to be powered by both petroleum -based fuel and electric power; or solely by electricity or any other renewable energy source. LIGHTTRUCK "Light Truck" means a truck with a gross vehicle weight rating of 10,000 pounds or less. PRIVATE PA-9sENGER AUTO "Private Passenger Auto" means a four-wheel "auto' of the private passenger or station wagon type. A pickup, panel truck or van not used for business is included within the definition of a "private passenger auto". Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CA 78 09 04 24 Page 6 of 7 Page 799 of 1281 SOCIAL SERVICE VAN OR 13uS "Social Service Van or i3ue means a van or bus used by a government entity, civic, charitable or social service organization to provide transportation to clients incidental to the social services sponsored by the organization, induding special trips and Outings. TEI.EMATIC DEVICE "Telemaflc Device,, includes devices designed for the collection and dissemination of data for the purpose of monitorininclud s Globalvehicle Positioand/or grSy�m technology, Ce, This wlreless safety communications and automatic driving assistance systems, all integrated with computers and mobile communications technology in automotive navigation systems. VOLUNTEER WORKER "Volunteer worker" means a person who is not your °employee" and who donates their work and acts at the directlon of you and within the scope of dutios determined by you, and is not paid a fee, salary or other compensation by you or anyone else for thelr work performed for you. Copyright, 204 Selective insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services ottice, CA 7S 09 fl4 24 Inc., with its permission. INSURED'S Copy page 7 of i Page 800 of 1281 Policy Number: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET 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 reamed in the ,Schedule. Schedule State Description IA Any party with whom the insured agrees to waive subrogation in a written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise staffed. (The Information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective Date: Policy Number: Endorsement No.: Insured Name: Premium: Insurance Company: Countersigned by WC 00 0313 (Ed. 4-M) O 1933 National Counc[I on Compensation Insurance. Page 801 of 1281 SECTION 00500 Page 1 of 5 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 THIS IMPROVEMENT CONTRACT (the Contract), dated for reference purposes the 22nd 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 Eastern Iowa Excavating & Concrete, LLC (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 Greyhound Park Water Main Looping Project. 2. CONTRACT DOCUMENTS A. The Contract Documents consist of the following, as applicable: 1. Project Title Page 2. Project Directory Page 3. This Contract 4. Performance, Payment, and Maintenance Bond 5. Out -of -State Contractor Bond 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 Project Contract Document Manual. 10. Special Provisions included in the project Contract Document Manual. 11. Drawings —Sheet No. A.01 through No. W.02 or drawings consisting of sheets bearing the following general title: GREYHOUND PARK WATER MAIN LOOPING 12. Addenda (numbers —to _ , inclusive). 13. Insurance Schedule F — Insurance Provisions and Requirements (Exhibit A) 14. Sales Tax Exemption Certificate 15.Construction Schedule and Agreed Cost of Delay 16. Erosion Control Certificate Page 802 of 1281 SECTION 00500 Page 2of5 17. Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages to inclusive). b. Bidder Status Form c. The following documentation that must be submitted by Contractor prior to Notice of Award: i. Contractor Background Information Form 18. The following which may be delivered or issued on or after the Effective Date of the Agreement: a. Notice to Proceed b. Project Certification Page c. Change Orders (not attached to this Contract) 19.Authorizing 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 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. 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 Contract Documents, 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 shall remain in place for a period of two (2) 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 Page 803 of 1281 SECTION 00500 Page 3 of 5 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 suQh 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 Two Thousand Dollars ($2,000.00 ) 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 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 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. dollars and shall remain in U.S. dollars despite any exchange rate. Page 804 of 1281 SECTION 00500 Page 4 of 5 17. Conflict in Terms. In the event of a conflict between the terms of this Contract and the terms of any of the Contract Documents, the terms of this Contract shall prevail. 18. Legal Compliance. a. The Contractor is responsible for compliance with all applicable laws, statutes, rules, regulations, and ordinances which may apply to the performance of Contractor's obligations under this Contract, including but not limited to the laws outlined in Exhibit D, and hereby represents and warrants that Contractor is in compliance with the same as of the Effective date and further represents that during the Term Contractor will remain in compliance. Contractor shall require all contractors and subcontractors providing services under this Contract shall also certify compliance with this Section. b. When Applicable: Contractor further represents and warrants that Contractor has obtained all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Contract, including any permits and licenses that might be required b the state or locality in which Contractor performs the Services, and Contractor agrees to maintain, at Contractor's sole expense, such required permits and licenses for the duration of the term(s) of this Contract. 19. Federally Assisted Project. Is this project funded fully or in part with federal funds? ❑ Yes (if yes, provision a. and b. below apply) ❑ No a. The City and the Contractor agree to comply with all provisions of the Davis -Bacon Federal Prevailing Wage Act, and 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 $ 204,993.75 Page 805 of 1281 CITY OF DUBUQUE, IOWA: D artment By:'rimex �L 6L sr gnature Michael C. Van Milligen Printed Name City Manager Title 07/16/2026 Date CONTRACTOR: tern Iowa Excavating & Concrete, LLC Co a y: Signafiure Chad Demmer Printed Name Owner Title 6-26-2026 Date ==== END OF SECTION 00500 ==== Page 5of5 Page 806 of 1281 Page 807 of 1281 SECTION 00400.4 BU E Masterpiece on the Mississippi Addendum No.: WA City of Dubuque, Iowa Bid Proposal Schedule BIDDER NAME: Eastern Iowa Excavating & Concrete, LLC DATE: 06/04126 Project Title: Greyhound Park Road Water Main Loop Project LINE REFERENCE NO. NUMBER BID ITEM DESCRIPTION PLAN UNIT ❑ BID TOTAL PRICE QUANTITY UNIT PRICE Division 2010 - Earthwork, Subgrade, and Subbase 1 2010-108-C-0 Clearing and Grubbing C 1.00 LS $3,300 00 $3,300.00 2 2010-108-D-3 Topsoil. Off -site 78.00 CY $53.75 $4.192.50 3 2010ACS8 -D Excavation, Class 10 407.00 CY $32 55 $13.247.85 4 2010-108-G-0 Subgrade Preparation 122000 SY $1.00 $1.220.00 5 2010-108-J-0 Subbase, Modred Subbase - Gr 14 (Modified Subbase Pile) 77000 TON $18 00 $13.860 00 Sub Total $35.820.35 Division 3010 - Trench Excavation and Backfill 6 3010-108-D-0 Replacement of Unsuitable Backfill Material. Gr 30. (Modified Subbase Pile) 40000 TON $18 85 $7.540 00 7 3010-108-F-0 Trench Compaction Testing 100 LS $2,400 00 $2,400.00 Sub Total $9,940.00 Division 6010 - Pipe and Fittings 8 5010-108-A-1 Water Main. Trenched. DIP, 6" 11,00 LF $124.00 $1,364.00 9 5010-108-A-1 Water Main. Trenr hed. DIP. 8" 785.00 LF $92-00 $72,220.00 10 5010-108-C-1 Fittings, DI Tee, 8x6 100 FA $705,00 $705.00 11 5010-108-C-1 Fittings, DI Band, 45 Deg, 6" 1,00 FA $35000 $350.00 12 5010-108-C-1 Fittings, DI Bend, 22 112 Deg, 6" 1.00 FA $42500 $425.00 13 5010-108-C-1 Fittings. DI Bend, 45 Deg. 8" 400 EA $335,00 $1,340.00 14 5010-108-C-3 Joint Restraint, Bell Harness, 8- 200 EA $420.00 $840.00 15 5010-108-C-3 Joint Restraint. Meru lirn- 6" 600 EA $250.00 $1,500.00 16 5010-108-C3 Joint Restraint, Mega lug. 8" 1900 EA $260.00 $4.940.00 Sub Total $83,684,00 Division 5020 - Valves, Fire Hydrants, and Appurtenances 17 5020-108-A-0 Valve, Gate, 6" 1.00 EA $2,685.00 $2.685.00 18 5020-108-A-0 Valve, Gate, 8" 200 EA $2.800 00 $5.600.00 19 5020-108-C-0 Fire Hvdrant 1.00 FA $6,10000 $6.10000 Sub Total $14,385.00 Division 7020 - Hot Mix Asphalt Pavement 20 7020-10"-0 HMA Pavement by Square Yards, 5" (Thickness) 92100 SY $35 00 $32,235 00 Sub Total $32.235.00 Division 7040 - Pavement Rehabilitation 21 7040-108-H-0 Pavement - Removal 90600 SY $6 35 $5,75310 Sub Total $5,75310 Division 9010 - Seeding 22 9010-108-8-0 Hydraulic - Seeding, Fertilizing. and Mulching. Type 1 by SY 46800 SY $4 85 $2.269 80 Sub Total $2,269 80 Division SD40 - Erosion and Sediment Control 23 9040-108-N-1 Sill Fence or Sill Fence Ditch Check Installation 68000 LF $2.00 $1,380 00 24 9D40-108-N-3 Silt Fence or Silt Fence Ditch Check. Removal of Device 68000 LF $0.85 $578 00 25 9040-106-0-1 Stabilized Construction Entrance by Square Yard 122.00 SY $17 25 52.104 50 Sub Total $4,042 50 Page 808 of 1281 LINE NO. REFERENCE PLAN JQUANTTY UNIT 81b UNITPRICE TOTA6P,RlG�. N00400.4 BID ITEM DESCRIPTION Division 9060 . Chdin Link Pence 28 _ 9080108-E-0 Removal of Pence 700.00 LF $5.15 _ 5$;91400''- Sub Total $3,914,00 Division 114021- Mobilization. 27 11020-108-A•0 Mabllizatlon 1.00 LS 159;00000 59:000.00: Sub Total %00w 0.90 Special Provisions - Non -Standard Project Items 28, SP Connect loFxlstingWBterMaln 2.00 EA $1,975.00 $3,950,00. Sub Total $3,950.00 400.6 BaseOrd Amount Bid Amount _ _ $204,993,76 Two Hundred Four Thousand, Nine Hundred Nlnely-111ree and .161100 (Use Words) Page 809 of 1281 AGREEMENT FOR SERVICES BETWEEN THE CITY OF DUBUQUE AND THE EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION This Agreement ("Agreement"), dated for reference purposes the 21 st day of July , 2026 is entered into by and between the East Central Intergovernmental Association ("ECIA") and the City of Dubuque, ("City") requesting ECIA's assistance in connection with providing support for the EPA FY26 Brownfield Assessment Grant. TERMS. This Agreement carries out the following terms. SECTION 1. SCOPE OF SERVICES ECIA in its role as a council of government provides support as needed to municipalities within the region ECIA services, including the City of Dubuque. ECIA will provide and perform the necessary services set forth in the Scope of Services (Attachment A) on an as needed basis to City with regard to support for City's Brownfield Assessment Grant. If the Scope of Services exceeds those services listed in Attachment A for any reason, it may be necessary to adjust the project cost by mutual agreement. ECIA staff assigned to this Agreement agree to communicate with City on an as needed basis throughout the Agreement period to review progress and performance on the activities listed in the Scope of Services. SECTION 2. TIME OF PERFORMANCE ECIA will commence performance under this Agreement beginning July 1, 2026, and continuing through January 31, 2031. The Agreement can be extended upon mutual written agreement by both parties. SECTION 3. METHOD OF PAYMENT AND HOURS WORKED ECIA staff will perform services only as requested by City and will only bill for services as performed using actual cost for personnel, fringe benefits and Indirect Cost Rate and hours incurred for activities outlined in the Scope of Services, not to exceed $86,385. The Agreement can be amended if City needs additional services more than the amount as set forth above. ECIA will invoice City on the last business day of each month, beginning July 30, 2026, for services rendered during that calendar month. Payment is due upon receipt of each invoice. The number of hours per month is expected to fluctuate depending on the services requested by City. 07082026bal Page 810 of 1281 2 SECTION 4. PERSONNEL ECIA represents that it currently employs or will acquire as needed during the performance of this Agreement all personnel necessary for the timely and successful performance of this Agreement. The personnel, whether existing or newly acquired, are ECIA employees and will remain ECIA employees regardless of any work or services such employees perform in connection with the project. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of employment or fiduciary relationship between the Parties. SECTION 5. PROPERTY ECIA is responsible to acquire or use existing property, real or personal, as it deems necessary in the performance of work under this Agreement. SECTION 6. TERMINATION BY CITY 6.1. City may, by thirty (30) days written notice to ECIA, terminate this Agreement in whole or in part at any time: a) For City's convenience, b) For the failure of ECIA to fulfill its obligations under the Agreement, or c) As the funding source for the Agreement ceases to exist. Upon receipt of such notice, ECIA will: (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) within thirty (30) calendar days of receiving the termination notice deliver to City all data, files, and any other materials related to the project and ECIA's performance of this Agreement. 6.2. If City elects to terminate this Agreement for convenience, ECIA will be paid the amount due and owing up to and including the date work was discontinued. If the date of termination does not fall on the last business day of the month, the services for that month will be prorated based on the date of termination and the monthly invoice amount. 6.3. If City elects to terminate this Agreement pursuant to 6.1(b), upon receipt of written notice of termination from City, ECIA will have ten (10) days to cure any breach cited by City in its notice of termination to the satisfaction of City in its sole discretion. If City deems any such breach cured, it must notify ECIA in writing that ECIA's efforts to cure are acceptable and that performance under this Agreement will continue. 07082026bal Page 811 of 1281 3 SECTION 7. TERMINATION BY ECIA 7.1 ECIA may terminate this Agreement by thirty (30) days written notice to City for the following reasons: 1. Both parties agree a continuation of this Agreement will not be in the best interests of City. 2. ECIA ceases to exist, or it is restricted or prohibited by its governmental authorities from continuing to provide services under this Agreement. 7.2 If ECIA elects to terminate this Agreement, ECIA will be paid the amount due and owing up to and including the date work was discontinued. If the date of termination does not fall on the last business day of the month, the services for that month will be prorated based on the date of termination and the monthly invoice amount. SECTION 8. POLITICAL ACTIVITY No portion of City's payment to ECIA may be used for any partisan political activity or to further the election or defeat of any candidate for public office, or to further the election or defeat of any cause subject to public vote. SECTION 9. MISCELLANEOUS 9.1. Force Majeure. In the event that ECIA is delayed or hindered in or prevented from the performance of any act by an occurrence beyond the reasonable control of ECIA and without its fault or negligence, including but not limited to strikes, lockouts, labor troubles, unavailability or excessive price of fuel, power failure, riots, insurrection, war, terrorist activities, chemical explosions, hazardous condition, fire, weather, or acts of God, then performance of any such act will be extended for a period equivalent to the period of such delay. 9.2. Entire Agreement. This Agreement constitutes the entire Agreement of the Parties and supersedes all prior agreements. 9.3. Modifications. This Agreement may not be modified, except in writing, signed by ECIA and City. 9.4. Applicable Law and Venue. This Agreement is governed by the laws of the State of Iowa and exclusive venue for any action with respect to this Agreement is the Iowa District Court for Dubuque County, Iowa. 9.5. Authority. City and ECIA represent that each, respectively, has full right, power and authority to execute this Agreement. 07082026bal Page 812 of 1281 Page 14 9.6. Severability. If any term of this Agreement is found to be void or invalid, such invalidity will not affect the remaining terms of this Agreement, which will continue in full force and effect. 9.7. Consent or Approval. In any case where the approval or consent of City or ECIA is required or requested under this Agreement, such party shall not unreasonably delay or otherwise withhold its approval or consent. 9.8. Notices. All notices and correspondence related to this Agreement shall be sent to the following points of contact: ECIA: Mae Hingtgen Executive Director East Central Intergovernmental Association 7600 Commerce Park, Dubuque, Iowa 52002 563.690.5700 mhingtgen@ecia.org City: Jill Connors Economic Development Director City of Dubuque 1300 Main Street Dubuque, IA 52001-4763 563.589.4393 jilconnor@cityofdubuque.org 9.9. Indemnification. Each Party, as the "Indemnifying Party," shall indemnify, defend and hold harmless the other Party and its affiliates, officers, directors, employees, agents, successors and permitted assigns (each, an "Indemnified Party") from and against any and all losses, damages, liabilities, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys' fees (each a "Loss"), incurred by the Indemnified Party in connection with any claim, action, cause of action, demand, lawsuit, arbitration, proceeding or litigation, of any nature (each an "Action") by a third party (other than an affiliate of an Indemnified Party) caused by the Indemnifying Party's performance of its obligations under this Agreement, unless such Loss arises from the Indemnified Party's own negligence or intentional act or omission. The Indemnified Party shall promptly notify the Indemnifying Party of any such claim and reasonably cooperate with the Indemnifying Party in defense of such claims at the Indemnifying Party's expense. 9.10. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by E-mail or other comparable means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 9.11 Insurance. ECIA shall provide insurance as described in the attached Exhibit B. 07082026bal Page 813 of 1281 Page 15 City of Dubuque East Central Intergovernmental Association By: 11�,IAJ!4 6a- By: Michael C. Van Milligen, City Manager Attest: Adrienne N. Breitfelder, City Clerk Mae Hingtgen, ECIA Executive Director Attest: Chelle Klootwyk, Administrative Assistant 07082026bal Page 814 of 1281 2 Attachment A - Scope of Services East Central Intergovernmental Association (ECIA) City of Dubuque The City of Dubuque has requested ECIA's assistance in providing support for City's recently awarded EPA FY26 Brownfield Assessment Grant. Scope of Services Under this service agreement, ECIA agrees to assist City as needed with the following services as part of this agreement: • ECIA will provide assistance and support to City's Economic Development Director for the newly awarded FY26 Brownfield Assessment Grant throughout the term of the grant and up to 120 days past the end date of the grant term. • Assistance and support will include the following: o Procurement: City will prepare RFP and ECIA will review and provide feedback on RFP; ECIA can assist with scoring proposals, City must also be part of scoring process. o Generic Quality Assurance Property Plan (QAPP): City will order from Qualified Environmental Professional (QEP); QEP will prepare and City will review, sign and send to EPA for review and approval. ECIA will review and provide comments on the documents, however, has limited technical knowledge so review would be a cursory review to have another set of eyes look at before going to EPA. o Community Involvement Plan (CIP): City will either update its prior CIP approved by EPA or prepare a new CIP; ECIA will review and provide feedback on CIP draft to City. City will be responsible for implementation of CIP and obtaining Council approval of it. o Fair Share Objectives, if required, will be negotiated by City and EPA. o Reporting: City will be responsible for all reports including but not limited to quarterly reports, MBE/WBE report, financial report, sam.gov reporting. ECIA will assist with reviewing and providing feedback MBE/WBE, financial and sam.gov reporting and will provide assistance preparing quarterly progress report. ECIA will assist with preparing a close-out report. City will be responsible for drawdowns with EPA through ASAP. o Invoice Process and Tracking; Drawdowns: ECIA will review invoices from QEP and track. Then pass on to City for approval and payment. ECIA will prepare drawdowns and send to City for processing and drawdown on ASAP.gov. City will send to ECIA confirmation of drawdown completion. o Site Recon, Inventory & Selection: City is responsible for determining potential sites and priority of sites. City will form a Community Engagement Team and Steering Committee to assist with this process. ECIA will be a member of the Team and Committee and assist City with tracking sites, selection of sites, site eligibility review and ordering of assessments for up to 15 sites. 07082026bal Page 815 of 1281 7 o Meetings: City will conduct meetings for the Community Engagement Team and Steering Committee. ECIA will attend up to 16 meetings. Periodically City will have check -in meetings with ECIA. Total hours up to 60 hours. o Ordering & Reviewing Assessments: ECIA will assist with ordering assessments, logging and tracking assessment activities. Additionally, ECIA will assist with review and providing feedback on assessments. City and QEP will obtain access agreements from property owners. ECIA will assist in tracking completion of these activities and tracking expenses associated with these activities City will be responsible for processing all invoices. o ACRES — Property ID Updates: ECIA will assist City in updating ACRES IDs for sites associated with this grant. o Planning Activity: City and its consultants will conduct all planning activities. ECIA will attend up to three public meetings associated with the planning activity and assist as directed by City and consultants at the meeting(s). Assumptions: • City is the Lead applicant on the Brownfield Assessment Grant. • City will be responsible for reviewing any work performed by ECIA and ensuring it is in compliance with the grant and EPA requirements prior to submittal to EPA. • City may utilize ECIA for some, all or none of the services above. City may elect to have its staff perform any or all of these services and will utilize ECIA as needed. • ECIA will bill for actual costs incurred for personnel, fringe benefits and its Indirect Cost Rate and will utilize the IRS mileage rate for any required travel as part of this agreement. • Total amount ECIA may charge City will not exceed $86,385. • City will be responsible for complying with the Cooperative Agreement with EPA and retaining all records in accordance with the Cooperative Agreement. • This Agreement is for assistance and support as outlined above to City in relation to the EPA FY27 Brownfield Assessment Grant. Any services that are not included in this contract may be contracted separately. 07082026bal Page 816 of 1281 EXHIBIT B INSURANCE SCHEDULE J 07082026bal Page 817 of 1281 Page 19 City of Dubuque Insurance Requirements tar Protessionai services CITY OF DUBUQUE INSURANCE SCHEDULE J EC IA shall furnish a signed certificate of insurance to the City of Dubuque. Iowa, for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Chief Financial Officer. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Project #ACRES 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, 50 West 130, Street, Dubuque. Iowa 52001. 4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsu@ants and sub -sub -consultants- Contractors agree that they shall be liable for the failure of a subconsultant and sub-subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to certificate of insurance. The certificate is due before the contractiagreement can be approved- 7- Whenever a specific ISO form is listed, the current edition of the form must be used, or an equivalent form may be substituted if approved by the Chief Financial Officer and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form- 8- Contractors shall be required to carry the minimum coverageMimits, or greater if required by larw or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. 9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete. certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. The City of Dubuque reserves the right to modify these requirements, including limits. based on changes in the risk, or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. 07082026bal Page 818 of 1281 Page 110 City of Dubuque Insurance Requirements tar Protesslonal services CITY OF DUBUQUE INSURANCE SCHEDULE J (continued) Exhibit I A. COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2.000, 000 Products- Completed Operations Aggregate Limit $1.000,000 Personal and Advertising Injury Limit $1.000,000 Each Occurrence $1.000,000 Fire Damage Limit (any one occurrence) S50.000 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 CIS 00 01 or business owners from BP 00 02. All deviations from the standard ISO commercial general liability form CIS 00 01, or business owners from BP 00 02. shall be clearly identified. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement (sample attached). 4) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards. commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 26. 5) Policy shall include Waiver of Right to Recover from Others Endorsement. 6) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque. Finance Department, 50 West 13' 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 07082026bal Page 819 of 1281 Page 111 City of Dubuque In—rance Requirements tar Protessional Services CITY OF DUBUQUE INSURANCE SCHEDULE 1 (continued) C. WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering all employees injured on thejob by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage Statutory -State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee - Disease $100,000 PolicyLimit- 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. 0 If, by Iowa Code Section 851_A. the Vendor is not required to purchase Workers' Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner. as required by Iowa Code Section 87.22. Completed form must be attached- D. UMBRELLA/EXCESS LIABILITY $1,000,000 The General Liability. Automobile Liability, and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies, including, but not limited to, Waiver of Subrogation and Primary Non -Contributory in favor of the City of Dubuque, the Dubuque Regional Airport, and the Dubuque Regional Airport Commission. E_ PROFESSIONAL LIABILITY $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_ 07082026bal Page 820 of 1281 Page 112 City of Dubuque Insurance Requirements tar Protessional Services CITY OF DUBUQUE INSURANCE SCHEDULE 1 (continued) F. CYBER LIABILITY/BREACH $1,000.000 ='es 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. 07082026bal Page 821 of 1281 Page 113 City of Dubuque Insurance Requirements tar Protesslonal Services CITY OF DUBUQUE SCHEDULE J (continued) Iowa Code Chapter 670. Liability of Governmental Subdivisions, provides cities with certain immunities which maybe available to you_ Naming the City of Dubuque an additional insured on your insurance as is requested by this insurance schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque. Iowa, as an additional insured does not waive any of the defenses of governmental immunity available to the City of Dubuque. Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. Assertion of Government Immunity_ The City of Dubuque, Iowa, shall be responsible for asserting any defense of govemmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of 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 govemmental 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) 07082026bal Page 822 of 1281 Dubuque TH E Cl� DU104:TE � rill[' 2007.2012.2013 2017.2019 Masterpiece on the Mississippi 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 ) at EMS Industrial, Inc - Energetics & Badger Electric Motor (Vendor Name) 4901 Prairie Dock Dr. Madison, WI 53718 (Vendor Address - City and State) PROJECT TITLE: Port Ramp Compressor Repairs (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: Repair 3 Compressors 1st Floor - seal up bolts to stop oil leak 2nd Floor - Change air filter, 3rd Floor - Replace Pump, travel & labor to repair compressors The work described above shall be completed at the following location(s): Port Ramp The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa Page 1 of 20 Page 823 of 1281 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 Z 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 6/30/2027 (date) Page 2 of 20 Page 824 of 1281 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 825 of 1281 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 $ 2297.55 CITY OF DUBUQUE, IOWA VENDOR: By: 07/20/2026 EMS Industrial, Inc Ichael C. Van Mi ligen Date Company Name City Manager By: Z 1 2 Signature ate ,D(Auiy #�wKg- Printed Name Tille Page 4 of 20 Page 826 of 1281 Dubuque THE CITY OF B TE u Auena pry 'I��'DU I. Masterpiece on the Mississippi 2007.2012.2013 2017*2019 City of Dubuque WRRC Department 795 Julien Dubuque 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, through authority conferred upon the City Manager by its City Council and Kruser Septic Service (Vendor) at (Vendor Name) PO Box 223 Dickeyville, WI 53808 (Vendor Address - City and State) PROJECT TITLE: WRRC Primary Clarifier Cleaning (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: Pumaina out clarifiers and disaosina material on drvina Dad. The work described above shall be completed at the following location(s): 795 Julien Dubuque Drive 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 827 of 1281 and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following WHERE APPLICABLE: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • INSURANCE — Please include one applicable Insurance Schedule: o Insurance Schedule F for General Artisan or Trade Contractors or Subcontractors (Exhibit B) o Insurance Schedule G for Vendors (Exhibit C) o Insurance Schedule J for Professional Services (Exhibit D) Check Appropriate Box 0 Insurance Schedule F — General Artisan or Trade Contractors or Subcontractors ❑ Insurance Schedule G — Vendors ❑ Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 6. The Vendor shall fully complete the Project under this Contract on or before June 30, 2026 (date) Page 2 of 20 Page 828 of 1281 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 829 of 1281 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 $ 40,000.00 CITY OF DUBUQUE, IOWA VENDOR: By: .C� ��^ ,� 07/20/2026 _Kruser Septic Service Michael C. Van Milligen Date Company Name City Manager By: �= atur `Date Printed ame Title Page 4 of 20 Page 830 of 1281 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 831 of 1281 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 832 of 1281 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub -Subcontractors CLASS A: Asbestos Removal Asphalt Paving Concrete Construction Managers Cranes Culverts Decking Demolition Deconstruction Earthwork Electrical Elevators EXHIBIT B INSURANCE - SCHEDULE F CLASS B: Chemical Spraying Doors, Window & Glazing Drywall Systems Fertilizer Application Geotech Boring Insulation Finish Carpentry CLASS C: Carpet Cleaning Carpet & Resilient Flooring Caulking & Sealants Acoustical Ceiling Filter Cleaning Fiber Optics Fire Protection Fireproofing General Contractors HVAC Mechanical Paving & Surfacing Piles & Caissons Plumbing Retaining Walls Reinforcement Roofing Landscaping Masonry Painting & Wall Covering Pest Control Scaffolding Sidewalks Plastering General Cleaning Grass Cutting Janitorial Non -Vehicular Snow & Ice Removal Office Furnishings Sanitary Sewers Sheet Metal Site Utilities Shoring Special Construction Steel Storm Sewers Structural Steel Trails Tunneling Water Main Rough Carpentry Stump Grinding Tank Coating Tree Removal Tree Trimming Tuckpointing Vehicular Snow Removal Waterproofing Well Drilling Power Washing Tile & Terrazzo Flooring Window Washing Page 833 of 1281 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub -Subcontractors INSURANCE - SCHEDULE F (continued) Contractor shall furnish a signed certificate of insurance to the department responsible forth e contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Chief Financial Officer or Designee. The certificate must clearly indicate the project number, project name, and project description for which it is being provided; e.g., Project # Project Name: or Project Location at or construction of 795 Julien Dubuaue Dr 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: WRRC Department, City of Dubuque, 795 Julien Dubuque Dr Dubuque, IA 52003 . 4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this contract. 5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Contractor agrees that it shall be liable for a failure for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City of Dubuque may request a copy of such certificates from the Contractor 6. All required endorsements to various policies shall be attached to certificate of insurance. 7. Whenever an ISO form is referenced, the current edition must be provided. 8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other legal agreement, in Exhibit I — Insurance Schedule F. If the contractor's limits of liability are higher than the required minimum limit, then the contractor's limits shall be this agreement's required limits. 9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include the agent's name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at anytime. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in risk or other special circumstances during the term of the contract, subject to written mutual agreement attached hereto. Page 834 of 1281 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub -Subcontractors CITY OF DUBQUE INSURANCE SCHEDULE F (continued) EXHIBIT I A. COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (anyone occurrence) $ 50,OOo Medical Payments $ 5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners from BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project(s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2010 (Ongoing Operations). 6) The additional insured endorsement shall include completed operations under ISO form CG 20 37 during the project term and for a period of two years after the completion of the project. 7) Policy shall include Waiver of Right to Recover from Others endorsement. 8) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque, Finance Department, 50 West 13t" St, Dubuque, IA 52001. B. WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee - Disease $100,000 PolicyLimit— Disease $500,000 Page 835 of 1281 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub -Subcontractors CITY OF DUBUQUE INSURANCE SCHEDULE F (continued) Policy shall include Waiver of Right to Recover from Others Endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the lessee, licensee, or permittee is not required to purchase Workers' Compensation Insurance, the lessee, licensee, or permittee shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. C. AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recovery from Others Endorsement. D. UMBRELLA/EXCESS LIABILITY Umbrella liability coverage must be at least following form with the underlying policies included herein. All Class A contractors with contract values in excess of $10,000,000 must have umbrella/excess liability coverage of $10,000,000. All Class A and Class B contractors with contract values between $500,000 and $10,000,000 must have umbrella/excess liability coverage of $3,000,000. All Class A and Class B contractors with contract values less than $500,000 must have umbrella/excess liability coverage of $1,000,000. All Class C contractors are not required to have umbrella/excess liability coverage. All contractors performing earth work must have a minimum of $3,000,000 umbrella regardless of the contract value. Page 836 of 1281 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub -Subcontractors CITY OF DUBUQUE INSURANCE SCHEDULE F (continued) E. POLLUTION LIABILITY Coverage Required Yes X No Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos, or PCB's. Pollution product and complete operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,0000 1. Policyto include job site and transportation coverage. 2. 2. Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2026. 3. Include Preservation of Governmental Immunities Endorsement. 4. Provide evidence of coverage for 5 years after completion of project. 5. Include endorsement indicating that coverage is primary and non-contributory. 6. Policy shall include Waiver of Right to Recovery from Others Endorsement. 7. Pollution liability shall include ISP endorsement CA 9948. Pollution Liability— Broadened Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles that transport fuel onto the owner's property. CITY OF DUBUQUE INSURANCE SCHEDULE F Page 837 of 1281 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub -Subcontractors (continued) Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the Dubuque Regional Airport as an additional insured on your insurance as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa, the Dubuque Regional Airport, and the Dubuque Regional Airport Commission as an additional insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa, the Dubuque Regional Airport, and the Dubuque Regional Airport Commission under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. City of Dubuque, Iowa, the Dubuque Regional Airport, and the Dubuque Regional Airport Commission shall be responsible for asserting any defense of governmental immunity, and may do so at 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, the Dubuque Regional Airport, and the Dubuque Regional Airport Commission under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa, the Dubuque Regional Airport, and the Dubuque Regional Airport Commission. 5. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 838 of 1281 TASK ORDER NINE 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: NINE PROJECT NAME: EW Corridor BUILD Grant Support PART 1.0 PROJECT DESCRIPTION: This Task Order Scope of Services is for the Engineer to provide a project BCA and documentation regarding traffic and safety in support of a BUILD grant application for the EW Corridor project in Dubuque, IA. 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: PART 4.0 PERIODS OF SERVICE: January 22, 2026 to March 28, 2026. PART 5.0 ENGINEER'S FEE: Compensation for the Scope of Services listed in this Task Order Ten shall be on the basis of Direct Labor Costs times a factor of 3.0 for the services of ENGINEER'S personnel engaged on the Project, plus Reimbursable Expenses, estimated to be $48,095.38. PART 6.0 OTHER: This Task Order is executed this 28th day of May 2026. City of Dubuque, Iowa HDR ENGINEERING, INC. "OWNER" "ENGINEER" BY: / %tomyw� BY: NAME: Mike Van Milligen NAME: TITLE: City Manager TITLE: ADDRESS: 50 West 13th Street ADDRESS: Dubuque, IA 52001 Ann MMaws Ann Williams (06/09/2026 09:41:00 CDT) Ann Williams, P.E. Senior Vice President 1917 South 67th Street Omaha, NE 68106-2973 Page 839 of 1281 Attachment A- Scope of Services The Scope of Services to be performed by the Consultant shall include the Services and supplies to complete the following tasks: Task 100: BUILD Gran Support 1. Provide BUILD grant application support to Andy Seth with Sustainable Strategies DC by providing: a. Existing and modelled future traffic operations data b. Existing and modelled future traffic safety data c. Review completed and proposed property acquisitions, research comparable sales, provide estimated costs for appraisals, review appraisals, closings, and purchases. d. Collaborate with MSA to update the Engineers Opinion of Probable Cost e. Prepare detailed schedule for project delivery, with estimated costs per fiscal year. f. Develop list of applicable permits and associated timelines g. Prepare a Benefit -Cost -Analysis based on published Federal -Aid guidelines h. Internal and peer review QA/QC of supporting documents i. Participate in weekly meetings with the grant preparation team j. Participate in the review of draft and final grant application materials Page 840 of 1281 THE CITY OF DUB & E Masterpiece on the Mississippi CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT City of Dubuque Dept: Parks & Recreation 50 W. 13th 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 Lange Sign Group (Vendor) at (Vendor Name) 1780 Hwy 35 North, East Dubuque, IL. 61025 (Vendor Address - City and State) PROJECT TITLE: Five Flags Digital Sign Replacement (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: the repalcement of the Five Flags Center digital sign located on the buildings corner of Locust and 4lh St. The work described above shall be completed at the following location(s): Five Flags Center, 405 Main St, 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 and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. Page 1 of 14 Page 841 of 1281 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 September 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 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 842 of 1281 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 Cl 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 $ 78,784 CITY OF DUBUQUE, IOWA By; ltwa 07/23/2026 M(chael C. Van Mi ligen 11 Date City Manager VENDOR: t- I AJ 0- - S I G/,) Co�r�� Company Name By. b 0'" 4 Signature Da e b /bv L-lbuG t'; Printed Name Title Page 3 of 14 Page 843 of 1281 VENDOR ACKNOWLEDGEMENT OF ATTAC D SPECIAL CONDITIONS: By: .�4� /� ignature Date Printed Name Ftt�-� (d Title Page 4 of 14 Page 844 of 1281 L:KCI k0T 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 845 of 1281 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 846 of 1281 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 847 of 1281 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 ail 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 848 of 1281 INSURANCE SCHEDULE G (continued) C) POLLUTION LIABILITY Coverage required: _ Yes _ No Pollution liability coverage shall be required if the lessee, contracting party, or permiltee 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: Y 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: a Yes _ No The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. Page 9 of 14 Page 849 of 1281 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 850 of 1281 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. 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. 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 851 of 1281 INSURANCE SCHEDULE J (continued) Exhibit 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 131h 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 852 of 1281 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 853 of 1281 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 854 of 1281 THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Justine Hull, Traffic Engineer DATE: July 24, 2026 Dubuque All -America ClW 2007-2012.2013 2017*2019 RE: Request to Sign Software License and Support Agreement with Geograph Attached is a software license and support agreement with Geograph for Crescent Link Tier 1 Annual Enterprise Site Subscription used in the traffic engineering division. The agreement has been reviewed and approved by Barry Lindahl of the City Attorney's office. It would be appreciated if you would execute the attached document. Please return it to the Engineering office for further processing. Attach. cc: Kerry Bradley, Eng. Dept. Page 855 of 1281 From: Dba Forms To: Kerry Bradley Subject: Legal has review your request and is approved Date: Wednesday, June 24, 2026 10:24:03 AM Your request for legal review of Review Software Agreement for Traffic Operations has been approved by Legal. Please attach this email as proof of Legal's review and approval to the entry of any agreement or contract into the Tyler system. Page 856 of 1281 SOFTWARE LICENSE AND SUPPORT AGREEMENT This agreement is between Geograph Technologies, LLC, a South Carolina limited liability company (Geograph), and the Customer and its Affiliates (defined below) agreeing to these terms (Customer), and is effective as of the date of the last signature below. The Geograph software, modification, enhancements, technical documentation, license keys provided to Customer, workflow processes, user interface, designs, and other technologies provided by Geograph as part of the Software (Software) are licensed and are not sold. 1. SCOPE. This agreement describes the licensing of the Software and Support provided to Customer under an order. Onboarding and data migration services (Onboarding and Data Migration Services) may also be provided by Geograph if specified under an order or statement of work (SOW). 2. LICENSE. Subject to the other terms of this agreement, Geograph grants Customer, under an order, for the duration specified in the order, a term -based, non-exclusive, non -transferable license up to the license capacity purchased to use the Software only in Customer's internal business operations. 3. AFFILIATES AND CONTRACTORS. Customer may allow its Affiliates and contractors to use the Software, provided Customer is responsible for the compliance with the terms of this agreement, and use by its Affiliates and contractors is solely for Customer's or Affiliate's benefit. Affiliate means any company controlled by or under common control with the subject entity, directly or indirectly, with an ownership interest of at least 50%. 4. WARRANTY, REMEDY, AND DISCLAIMER. a. Software Warranty. For new license purchases, Geograph warrants that the Software will perform in substantial accordance with its accompanying product documentation for a period of 90 days from the date of the order. This warranty will not apply to any problems caused by software not licensed to Customer by Geograph, use other than in accordance with the technical documentation, or misuse of the Software. The warranty only covers problems reported to Geograph during the warranty period or 30 days after. Customer will cooperate with Geograph in resolving any warranty claim. GEOGRAPH WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY COVERED WARRANTY CLAIMS WITHIN A REASONABLE PERIOD OF TIME OR REPLACE THE SOFTWARE, OR IF GEOGRAPH CANNOT DO SO, IT WILL REFUND TO CUSTOMER THE LICENSE FEE PAID. THIS REMEDY IS CUSTOMER'S EXCLUSIVE REMEDY AND GEOGRAPH'S SOLE LIABILITY FOR THESE WARRANTY CLAIMS. b. Onboarding and Migration Warranty. Geograph warrants that it will perform the Onboarding and Data Migration Services, as applicable, in conformance with generally accepted practices within the software services industry, and in accordance with the applicable SOW, for a period of 90 days after delivery of such services under the SOW. Geograph's obligations in this section are conditioned upon Customer providing Geograph written notice of the claim during the warranty period or within 30 days after. IF CUSTOMER BELIEVES THERE IS A BREACH OF THE ABOVE WARRANTY, THEN CUSTOMER MUST NOTIFY GEOGRAPH NO LATER THAN 30 DAYS AFTER THE END OF THE WARRANTY PERIOD AND PROVIDE REASONABLE COOPERATION TO GEOGRAPH. GEOGRAPH WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY COVERED WARRANTY CLAIMS WITHIN A REASONABLE PERIOD OF TIME OR REPLACE THE NON -CONFORMING SERVICES, OR IF GEOGRAPH CANNOT DO SO, IT WILL REFUND THE FEE PAID FOR THE NON -CONFORMING SERVICES. THIS REMEDY IS CUSTOMER'S EXCLUSIVE REMEDY AND GEOGRAPH'S SOLE LIABILITY FOR THESE WARRANTY CLAIMS. 1 Confidential Information of Geograph Technologies, LLC Page 857 of 1281 DISCLAIMER. GEOGRAPH DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON -INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER UNDERSTANDS THAT THE SOFTWARE MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED. 5. PAYMENT. Customer must pay all fees as specified on the order, but if not specified, then within 30 days of receipt of an invoice. The fees are exclusive of sales, use, withholding, VAT and other similar taxes, and Customer is responsible for payment of such taxes at the rate and in the manner for the time being prescribed by law. If Geograph has the legal obligation to pay or collect taxes for which Customer is responsible under this section, Geograph will invoice Customer and Customer will pay that amount unless Customer provides Geograph with a valid tax exemption certificate authorized by the appropriate taxing authority. This agreement contemplates one or more orders for the Software, which orders are governed by the terms of this agreement. 6. MUTUAL CONFIDENTIALITY. Definition of Confidential Information. Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally, visually, or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). Geograph's Confidential Information includes, without limitation, the Software, its user interface design and layout, and pricing information. Protection of Confidential Information. The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to: (i) not use any Confidential Information of the Discloser for any purpose outside the scope of this agreement; and (ii) limit access to Confidential Information of Discloser to those of its and its Affiliates' employees and contractors who need that access for purposes consistent with this agreement and who have signed confidentiality agreements with Recipient containing protections not materially less protective of the Confidential Information than those in this agreement. Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser; (ii) was known to the Recipient before its disclosure by the Discloser without breach of any obligation owed to the Discloser; (iii) is received from a third party without breach of any obligation owed to Discloser; or (iv) is independently developed by the Recipient without use of or access to the Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or court order, but will provide Discloser with advance notice to seek a protective order. 7. PROPERTY. a. Reservation of Rights. The Software is the proprietary property of Geograph and its licensors, and all right, title, and interest in and to such items, including all associated intellectual property rights, remain only with Geograph and its licensors. The Software is protected by applicable copyright and other intellectual property laws. Customer may not remove any product identification, copyright, trademark, or other notice from the Software. Geograph reserves all rights unless expressly granted in this agreement. b. Restrictions. Customer may not: (i) transfer, assign, sublicense, rent the Software, create derivative works of the Software, or use it in any type of service -provider environment; (ii) reverse engineer, decompile, disassemble, or translate the Software; (iii) evaluate the Software for the purpose of competing with Geograph; or (iv) operate the Software other than in accordance with its technical documentation. 8. REMOTE CONNECTION. Confidential Information of Geograph Technologies, LLC The Software connects to Geograph's license management system over the internet to authenticate users and verify license entitlements. Customer must maintain network connectivity sufficient for this purpose. If the Software cannot reach Geograph's license management system to re -authenticate, the Software may cease Page 858 of 1281 to function until connectivity is restored. Geograph is not responsible for any loss of access resulting from Customer's failure to maintain the required connectivity. More information regarding these license features is located at [insert link] 9. TERM AND TERMINATION. a. Term. This agreement expires at the end of the license period specified in the accompanying order. b. Mutual Termination for Material Breach. If either party is in material breach of this agreement, the other party may terminate this agreement at the end of a written 30-day notice/cure period, if the breach has not been cured. Customer may also terminate this Agreement with or without cause for any reason upon thirty (30) days written notice provided to Geograph. C. Return Geograph Property Upon Termination. Upon termination of this agreement or a license for any reason, Customer must discontinue using the Software, de -install, and destroy or return the Software and all copies within 5 days. Upon Geograph's request, Customer will confirm in writing its compliance with this destruction or return requirement. 10. LIABILITY LIMIT. EXCLUSION OF INDIRECT DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, GEOGRAPH IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, COSTS OF DELAY; LOSS OF OR UNAUTHORIZED ACCESS TO DATA OR INFORMATION; AND LOST PROFITS, REVENUE, OR ANTICIPATED COST SAVINGS) FOR BREACH OF THIS AGREEMENT, EVEN IF IT KNOWS OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGE OR LOSS. TOTAL LIMIT ON LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT FOR GEOGRAPH'S INDEMNITY OBLIGATIONS, GEOGRAPH'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR BREACH OF THIS AGREEMENT DOES NOT EXCEED THE AMOUNT PAID BY CUSTOMER WITHIN THE 12-MONTH PERIOD PRIOR TO THE EVENT THAT GAVE RISE TO THE LIABILITY. Geograph shall provide insurance during the performance of this Agreement as described in the attached Insurance Schedule. 11. SUPPORT. Geograph's technical support and maintenance services (Support) are included with the license purchase. Support is provided under the Support policies then in effect. Geograph may change its Support terms, but Support will not materially degrade during any Support term. More details on Support are located at 12. INDEMNIFICATION FOR THIRD -PARTY CLAIMS. Geograph will defend or settle any third -party claim against Customer to the extent that such claim alleges that the Software infringes a copyright, patent, trademark, or other intellectual property right, if Customer promptly notifies Geograph of the claim in writing, cooperates with Geograph in the defense, and allows Geograph to solely control the defense or settlement of the claim. Costs. Geograph will indemnify and hold harmless Customer from any infringement claim defense costs it incurs in defending Customer under this indemnity, Geograph-negotiated settlement amounts agreed by Geograph, and court -awarded damages. Process. If such a claim appears likely, then Geograph may modify the Software, procure the necessary rights, or replace it with the functional equivalent. If Geograph determines that none of these are reasonably available, then Geograph may terminate the Software and refund any prepaid and unused term license fees. Exclusions. Geograph has no obligation for any claim arising from: Geograph's compliance with Customer's specifications; a combination of the Software with other technology or aspects where the infringement would not occur but for the combination; or technology or aspects not provided by Geograph. Geograph with also save, defend and hold harmless Customer, its officers and employees from and against any and all claims or damages arising out of or related to Geograph's the negligent performance of this Agreement. Page 859 of 1281 Confidential Information of Geograph Technologies, LLC THIS SECTION CONTAINS CUSTOMER'S EXCLUSIVE REMEDIES AND GEOGRAPH'S SOLE LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT. 13. GOVERNING LAW AND FORUM. This agreement is governed by the laws of the State of Iowa (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement. Any suit or legal proceeding must be exclusively brought in the Iowa District Court for Dubuque County, Iowa and Geograph submits to this personal jurisdiction and venue. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys' fees and costs from the other party. 14. OTHER TERMS. n. Entire Agreement and Changes. This agreement and the order constitute the entire agreement between the parties and supersede any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. Customer is not relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise, or inducement not included in this agreement is binding. No modification or waiver of any term of this agreement is effective unless both parties sign it. o. No Assignment. Neither party may assign or transfer this agreement to a third party, except that the agreement and all orders may be assigned without the consent of the other party as part of a merger or sale of all or substantially all of a party's businesses or assets, not involving a competitor of the other party, or at any time to an Affiliate. p. Independent Contractors. The parties are independent contractors with respect to each other, and neither party is an agent, employee, or partner of the other party or the other party's Affiliates. q. Enforceability and Force Majeure. If any term of this agreement is invalid or unenforceable, the other terms remain in effect. Neither party is liable for its non-performance due to events beyond its reasonable control and whether foreseeable or not, including but not limited to natural weather events and disasters, labor disruptions, disruptions in the supply of utilities, and public Internet failures. r. Money Damages Insufficient. Any breach by a party of this agreement or violation of the other party's intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach of this agreement. s. Order of Precedence. If there is an inconsistency between this agreement and an order, the order prevails. t. Survival of Terms. All provisions of this agreement regarding payment, confidentiality, indemnification, limitations of liability, proprietary rights and such other provisions that by fair implication require performance beyond the term of this agreement must survive expiration or termination of this agreement until fully performed or otherwise are inapplicable. The UN Convention on Contracts for the International Sale of Goods does not apply. u. Compliance Audit. No more than once in any 12-month period and upon at least 30 days' advance notice, Geograph (or its representative) may audit Customer's usage of the Software at any Customer facility. Customer will cooperate with such audit. Customer agrees to pay within 30 days of written notification any fees applicable to Customer's use of the Software in excess of the license. v. Export Compliance. The Software and Confidential Information may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied -party list. Neither party will permit its personnel or representatives to access any Software in a U.S.-embargoed country or in violation of any applicable export law or regulation. 4 Confidential Information of Geograph Technologies, LLC Page 860 of 1281 w. U.S. Government Restricted Rights. If Customer is a United States government agency or acquired the license to the Software hereunder pursuant to a government contract or with government funds, then as defined in FAR §2.101, DFAR §252.227-7014(a)(1), and DFAR §252.227-7014(a)(5), or otherwise, all Software provided in connection with this agreement are "commercial items," "commercial computer software," or "commercial computer software documentation." Consistent with DFAR §227.7202 and FAR §12.212, any use, modification, reproduction, release, performance, display, disclosure, or distribution by or for the United States government is governed solely by the terms of this agreement and is prohibited except to the extent permitted by the terms of this agreement. x. Open Source Software Licenses. The Software may contain embedded open source software components, which are provided as part of the Software and for which additional terms may be included in the technical documentation. y. Feedback. If Customer provides feedback or suggestions about the Software, then Geograph (and those it allows to use its technology) may use such information without obligation to Customer. (Customer) Geograph Technologies, LLC (Geograph) Signature: J� Signature: *44— Name: Michael C. VanMilligen PrintedPrinted Name: QGGGG (46W�+.t Title: City Manager Title: c-uStowtr Ci Verie_v%c.G Date: 07/23/2026 Date: '143 j 6 Address: City of Dubuque Address: 103 West Main Street 50 W 13th St Easley, SC 29640 Dubuque, IA 52001 5 Confidential Information of Geograph Technologies, LLC WEB SUPPORT & MAINTENANCE TERMS Phone Support to ( ) (excluding company holidays) Support Phone Support Email Case Logging Software maintenance, which includes maintenance releases, enhancements, new versions, additions, and modifications to the Software, that it provides to all other customers under support for no additional fee. Bug fixes to bring the Software into substantial conformance with its then -current user guide. Response time in accordance with the chart below. Page 861 of 1281 Resolution Process for Issues of Severity Levels 1 and 2: (1) Trouble Ticket opened. (2) Assign engineer to determine and correct the error. (3) Periodic reports on the status of the correction. (4) Initiate work to correct the error. RESPONSE TIME CHART SEVERITY DEFINITION RESPONSE GOAL DETAILS Severity Software substantially (1) Trouble Ticket opened. 1 1 hour (2) Assign engineer to determine and fails to perform. correct the error. (3) Periodic reports on the status of the correction. (4) Initiate work to correct the error. Severity (1) Trouble Ticket opened. 2 Substantial 2 hours (2) Assign engineer to determine and degradation in performance correct the error. of the Software. (3) Periodic reports on the status of the correction. (4) Initiate work to correct the error. Commercially reasonable efforts to Severity Minimal -to -no impact 3 include in next major release. 3 days on the availability or performance of the Software. Confidential Information of Geograph Technologies, LLC Confidential Information of Geograph Technoloaies, LLC GEOGRAPH Technologies LLC Invoice 3114 103 W Main St STE A Easley, SC 29640 USA ar@geograph.tech GEOGRAPH DATE DUE DATE Page 862 of 1281 BILL TO 04/30/2026 1 111 11 05/30/2026 City of Dubuque, IA City Hall Annex 1300 Main Dubuque, IA 52001 United States J DATE DESCRIPTION CITY RATE AMOUNT 05/31 /2026 120,000.00 20,000.00 CrescentLink Tier 1 Annual Enterprise Site Subscription Ways to pay SUBTOTAL 20,000.00 TAX 0.00 FPS ®lam IVSAl®L—::] TOTAL TOTAL DUE 20-210-5 5 02-00-01-64190 CERTIFICATE OF LIABILITY INSURANCE 20,000.00 USD 20,000.00 THANK YOU. DATE (MM/DD/YY 06/11/2026 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 ®:ERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ACORO IVE OR PRODUCER, AND THE CERTIFICATE HOLDER. .` . 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 LeeAnne Stewart Relation Insurance Services of North Carolina, Inc NAME: PHONE FAX d/b/a Furman Insurance 11215 (A/C, No, Ext): (A/C, No): E-MAIL leeanne.stewart@relationinsurance.com N. Community House Rd #100 ADDRESS: Charlotte INSURER(S) AFFORDING COVERAGE NAIC # NC 28277 INSURERA:The Travelers Indemnity Company 25658 INSURED INSURERB:Travelers Property Casualty Company of Amer 25674 Geograph Tech LLC INSURER C : 103 W Main St INSURER D : Ste 8 Easley INSURER E : INSURER F : SC 29640-2038 COVERAGES CERTIFICATE NUMBER: 2025-26 Master 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 ADDLSUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY 680OL599154-25-42 07/30/2025 07/30/2026 EACH OCCURRENCE 1,000,000 $ CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 300,000 $ MED EXP (Any one person) 5,000 Page 863 of 1281 1,000,000 $ 2,000,000 $ X POLICY u PR L l LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED A AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY X UMBRELLA LIAB R OCCUR EXCESS LIAB CLAIMS- B MADE DED X 5,000 RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / ANY PROPRIETOR/PARTNER/EXECUTIV OFFICER/MEMBER EXCLUDED? COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ 680OL599154-25-42 07/30/2025 07/30/2026 EACH OCCURRENCE 1,000,000 AGGREGATE 1,000,000 CUPOL977919-25-42 07/30/2025 07/30/2026 $ STATUTE E.L. EACH ACCIDENT 1,000,000 B (Mandatory in NH) N / A UBOL892309 07/30/2025 07/30/2026 If yes, describe under E.L. DISEASE - EA 1,000,000 DESCRIPTION OF OPERATIONS below EMPLOYEE $ E.L. DISEASE - POLICY LIMIT 1,000,000 Technical Professional A Liability & Cyber Liability 680OL599154-25-42 07/30/2025 07/30/2026 EAch Claim $ 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Dubuque, IA 50 West 13th Street 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 864 of 1281 INSURANCE SCHEDULE K Page 865 of 1281 THE CIF D�Uj-B TE Masterpiece on the Mississippi CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT City of Dubuque Dept: eater Department 50 W. 13th Street Dubuque, IA 52001 Phone #563.589.4291 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 Leslein T (Vendor Name) 1833 N. Main St Dubuaue, Iowa 52001 (Vendor Address - City and State) PROJECT TITLE: Lime Residuals (Lime Sludge) Removal, Hauling, Transportation, (Vendor) at Storaqe, and Disposal Services 2026 (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 Contractor shall be solely responsible for the complete removal, transportation, management, land application, disposal and/or storage of lime residuals generated at the City of Dubuque Water Treatment Plant. The work described above shall be completed at the following location(s): 1902 Hawthorne St. Dubuque Iowa 52001 and contractor deposit sites 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 866 of 1281 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 G) or Insurance Schedule J for Professional Services (Exhibit C). Check Appropriate Sox ❑ Insurance Schedule G —Vendors ❑ Insurance Schedule J — Professional Services • Other: X Insurance Schedule M - Truck Haulers Truck Snow Plowing C 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 6/30/2028 With two additional two year renewal options. (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 19 Page 867 of 1281 B. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 8. Prior to the commencement of any work on this Project and at all times during the performance of this Contract, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule G or Insurance Schedule J attached to this Contract. Check Appropriate Box ❑ Insurance Schedule G —Vendors ❑ Insurance Schedule J — Professional Services x Insurance Schedule M - Truck Haulers Truck Snow Plowing City 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 orwithout 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 forthe complete performance of this Contract, the amount stated below, less any agreed damages provided for in the Contract Documents. CONTRACT AMOUNT $ 220,000.00 CITY OF DUBUQUE, IOWA VENDOR: 07/28/2026 ` By: t Y� t�`C Michael C. Van Mi ligen Date Company Name City Manager �Z By: .y-Zt ��� Sig ature Date �, ,Ae�-..-e,5 1 I I n Printed Name 0UUMe Title Page 3 of 19 Page 868 of 1281 VENDOR ACKNOWLEDGEMENT OF ATTACHED SPECIAL CONDITION'S: Signature Date Printed Name Title Page 4 of 19 Page 869 of 1281 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 ofsuch 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 19 Page 870 of 1281 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 19 Page 871 of 1281 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 19 Page 872 of 1281 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 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 19 Page 873 of 1281 C) a 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 $1,000,000 Coverage required: _ Yes _ No The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. Page 9 of 19 Page 874 of 1281 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 19 Page 875 of 1281 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 19 Page 876 of 1281 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 131" 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 19 Page 877 of 1281 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 19 Page 878 of 1281 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 19 Page 879 of 1281 City of Dubuque Insurance Requirements for Truck Hauters/Truck Snow Plowing INSURANCE SCHEDULE M 1. Trucker 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 sixty (60) days. Truckers 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. Each certificate shall include a statement under Description of Operations as to why issued; e.g., Project # 4203-64985 or construction of Water Treatment Lime Sludge Hauling 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 or better in the current A.M. Best Rating Guide. 3. Each certificate shall be furnished to: City of Dubuque, Finance Department, 50 West 13'h Street, Dubuque, Iowa 52001. 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. 5. Trucker shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subcontractors and sub -subcontractors. Trucker agrees that It shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverages. The City may request a copy of such certificates from the Trucker. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contractlagreement can be approved. 7. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the provider identifying and listing in writing all deviations and exclusions that differ from the ISO form. 8. The Contractor 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. Whenever an ISO form is referenced the current edition of the form must be used. 10. Lessee, license, and 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. 11. All certificates of insurance must include the agent's name, phone number, and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 15 of 19 Page 880 of 1281 City of Dubuque Insurance Requirements for Truck Haulers/Truck Snow Plowing CITY OF DUBUQUE INSURANCE SCHEDULE M (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 the current 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 03 "Designated Construction Project(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 ali 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, Ongoing Operations. 6) 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 nonpayment of premium shall be sent to: City of Dubuque, Finance Department, 50 West 1 V Street, Dubuque, IA 52001. 8) Include ISO endorsement form CG 22 92 if work Involves snow or Ice removal activities. Page 16 of 19 Page 881 of 1281 City of Dubuque Insurance Requirements for Truck Maulers/Truck Snow Plowing B. AUTOMOBILE LIABILITY Combined Single Limit CITY OF DUBUQUE INSURANCE SCHEDULE M (continued) $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 a non -owned and hired vehicles. Policy shall include Waiver of Right to Recoverfrom 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 PolicyLimit— Disease $500,000 Policyshall include Waiver of Right to Recoverfrom Others Endorsement. Coverage B limits shall be greater if required bythe umbrella/excess insurer. •; 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 x YES NO Amount $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 Noncontributory in favor of the City. Page 17 of 19 Page 882 of 1281 City of Dubuque Insurance Requirements for Truck Haulers/Truck Snow Plowing CITY OF DUBUQUE INSURANCE SCHEDULE M (continued) E. POLLUTION LIABILITY Coverage Required: x YES NO Pollution liability coverage shall be required if work involves theytransport, dissemination, use, or release of pollutants. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policyto 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 (Completed Operations) or its equivalent, 3) Include Preservation of Governmental Immunities Endorsement. 4) Include endorsement Indicating that coverage is primary and non-contributory. 5) Policy shalt include Waiver of Right to Recovery From Others Endorsement. 6) 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. Page 18 of 19 Page 883 of 1281 City of Dubuque Insurance Requirements for Truck Haulers/Truck Snow Plowing Iowa Code Chapter 670, Liability of Govern mental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque an additional insured on your insurance as is requested by this insurance schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immlinity. 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 Coverag-e—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 maybe amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered bythe terms and conditions of this insurance policy. 3. Assertion of Government Immunitk The 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 policy for reasons of governmental immunity unless and until a court of competentjurisdiction 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 19 of 19 Page 884 of 1281 Page 885 of 1281 Docusign Envelope ID: F6975E96-EC79-8F6A-82E4-234137F1 D1 D8 (globalpayments CLIENT SATISFACTION OFFER Merchant Name or DBA Name: COD - JULE TRANSIT, COD - PASSPORT PARKING ("Merchant") Merchant ID(s): 39300981813982, 39300981048597 ("MID" or "MIDs") Date: 4/10/2026 TSYS MERCHANT SOLUTIONS, LLC ("Global Payments"), values its merchant clients and strives to create mutually beneficial, long-term relationships with them. To that end, Global Payments offers you, the Merchant, the following terms. Accepting this offer will modify your Application for Merchant Card Processing ("Application") and Merchant Card Processing Agreement (the Application and the Card Processing Agreement are collectively referred to as the "Agreement") with Global Payments so that the rate and fees provided for in the Fee Schedule of the Application are amended in accordance with the adjustments listed below (the "Amended Rates"). Capitalized terms not defined herein shall have the meaning given in the Agreement. Amended Rates Structure Change Discount Rate All Card types 0.50% Per item $0.00 Auth Transactions All Card Types $0.13 AMEX $0.13 Debit $0.13 Settlement Funding Fee 0.25% Contract Term The Amended Rates will become effective on the first day of the calendar month of the Effective Date so long as this Client Satisfaction Offer is executed and received by Global Payments by the 10th of the calendar month, otherwise the Amended Rates will be effective on the first day of the calendar month following the Effective Date. The Amended Rates remain subject to change as per the terms and conditions of the Agreement. All fees, rates, charges and other terms not otherwise revised per this Client Satisfaction Offer remain in full force and effect. Merchant agrees to extend the term of the Agreement for 36 months from the last date of execution below (the "Effective Date"). This time period will be referred to as the "Extended Term". At the expiration of the Extended Term, the Agreement will automatically renew as per the terms of the Agreement for successive one-year periods (each a "Renewal Term", and collectively with the Initial Term and the Extended Term, the "Term"). Merchant agrees to pay an account closure fee of $500 per terminating MID upon early termination of the Agreement, or such portion of the foregoing as may be permitted by applicable law. All other terms and conditions of the Agreement remain unchanged. This Client Satisfaction Offer and the details contained herein are confidential and may not be disclosed, displayed, or otherwise transmitted to any third party except to attorneys, accountants or other professional advisers as may be necessary to effect the purposes of this letter between the parties. By signing below, each party acknowledges that it has carefully read and fully understood this amendment, and each agrees to be bound by the terms of this amendment. TSYS MERCHANT SO �,�yLLC k. �4-n d..� Signed By: Name: Kennedy Anderson Title: Date: June 4, 2026 COD - JULE TRANSIT, COD - PASSPORT PARKING Signed By: Name: Michael C. Van Milliaen Title: City Manager Date: 06/02/2026 Client Offer - TSYS v1.2025 Page 1 of 1 CONFIDENTIAL Page 886 of 1281 Docusign Envelope ID: C655D2F2-BF67-8D34-82F2-D18D83C23987 ®VG GRAND RIVER CENTER OAK VIEW GROUP July 17, 2026 City of Dubuque Anderson Sainci City Hall, 50 W 13th Street Dubuque, Iowa 52001 Dear Anderson Sainci, Thank you for choosing the Grand River Center to host City of Dubuque! We are looking forward to assisting you with the details to make your event a memorable experience for you and your attendees. Please review this agreement carefully, sign, and return. Once signed, we will counter -sign and send you a copy for your records. Upon completion of the booking process, we will work with you on the details of your event, including scheduling, setups, catering, audio/visual services, and much more. If you have any additional questions, please do not hesitate to reach out to me. Thanks again, Sincerely, Rachel Clisch Director of Sales and Marketing Grand River Center- proudly managed by Oak View Group Email: rachel.clisch@oakviewgroup.com Phone: 563.239.9301 1/10 Page 887 of 1281 Docusign Envelope ID: C655D2F2-BF67-8D34-82F2-D18D83C23987 - T ®VG GRAND RIVER CENTER OAK VIEW GROUP LICENSE AGREEMENT - GRAND RIVER CENTER Licensee's Name ("Licensee"): City of Dubuque City Hall, 50 W 13th Street Dubuque,lowa 52001 EVENT ID: 3603-65-65-23566 Effective Date: July 17, 2026 Facility ("Facility"): Grand River Center 500 Bell Street Dubuque, Iowa 52001 Description of event to be held: City of Dubuque Expected attendance: 25 Base License Fee ("Base License Fee"): U.S. $200.00 Food and Beverage Fee Minimum (the "F&B Minimum") U.S. $375.00 (exclusive of the then -current Management Charge, which is currently at 22% but subject to increase, and cash sales.) Deposit Amount ("Deposit"): U.S. ; due as follows: Area(s) of Facility that Licensee may use and dates of use, including load in/out, if applicable: Date Time Function Space Setup AGR Wed, 8/12/2026 8:00 AM-10:00 AM Breakfast & Program River Room 25 VENUE RENTAL Date ESTIMATE Time Room Price Discount Total 8/12/2026 8:00 AM - 10:00 AM River Room $1,500.00 $1,300.00 $200.00 Subtotal Estimate $1,500.00 Less Discounts $1,300.00 Flat Discount $1,300.00 ITEM Rental Estimate ESTIMATE $200.00 CHARGES Catering Time Item/Title t /Price Subtotal Food and Beverage Minimum 1 Each @ $375.00/Each $375.00 (exclusive of the then -current Management Charge, which is currently at 22% but subject to increase, and cash sales.) Subtotal Estimate $375.00 Catering Total: $375.00 Item Charges Estimate $375.00 Event Charges Estimate $1,875.00 Less Discounts $1,300.00 Flat Discount $1,300.00 Subtotal Estimate $575.00 2/ 10 Page 888 of 1281 Docusign Envelope ID: C655D2F2-BF67-8D34-82F2-D18D83C23987 EVENT ESTIMATE $575.00 SPECIAL CONDITIONS: This License Agreement (the "Agreement") is between (i) Global Spectrum, L.P. d/b/a Oak View Group ("Operator") as agent on behalf of the City of Dubuque, Iowa ("Owner"), and (ii) the Licensee set forth above. Background Owner is the owner of the Facility and has engaged Operator to manage and operate the Facility. Operator is authorized by Owner to license the use of the Facility to others for the purpose of holding certain events. The purpose of this Agreement is to set forth the terms and conditions on which Operator is granting Licensee a license to use the Facility for the purpose of holding the Event. By signing below, the parties acknowledge receipt and understanding of all the terms and conditions herein, including the below Standard Terms and Conditions. ACCEPTED AND AGREED: City of Dubuque GLOBAL SPECTRUM L.P. DBA OAK VIEW GROUP as agent on behalf of City of Dubuque, Iowa ,-Signed by: By: � By: J Wk� GPnprn Print Name: Michael C. Van Milligen Title: City Manager Date: 7/28/2026 Date: 07/28/2026 3/ 10 Page 889 of 1281 Docusign Envelope ID: C655D2F2-BF67-8D34-82F2-D18D83C23987 STANDARD TERMS AND CONDITIONS Grant of License; Licensed Premises. Subject to the terms and conditions of this Agreement, Operator grants to Licensee a license to use the Licensed Premises during the Term, for the limited purpose of holding the Event (and for associated load in, set up, and load out of the Event, if applicable) and not for any other purpose. Licensee shall not have access rights or privileges in or to any other part of the Facility besides the Licensed Premises, except for the privilege of ingress and egress through the public corridors at the Facility, on a non-exclusive basis, as necessary to utilize the Licensed Premises. Unless agreed otherwise in writing by Operator, the Event shall be by "invitation only" and will not be open to the public. Licensee shall use the Licensed Premises to hold and present the Event in accordance with the terms and conditions of this Agreement and all rules and regulations of Operator or Owner pertaining to the Facility (the "Facility Rules"), as modified from time to time upon notice to Licensee. 2. Term. The Term shall be as set forth above. If the Term is extended (which may occur only with the prior written consent of Operator) Licensee shall be solely responsible for all costs and expenses incurred or required in connection with such extension. In addition, if the Event (or any session thereof) runs beyond the agreed end time on any of the Event nights, or if load -out runs beyond the proscribed time, Licensee shall be liable for any additional expenses incurred by Operator, including but not limited to payments to union labor, if applicable. 3. Duties of Operator. Operator, at the cost and expense of Licensee except or as otherwise provided hereunder, shall provide (or cause to be provided) the following in connection with the Event (the cost of which shall collectively constitute "Costs"): (a) Staffing. Any and all personnel as may be required by Operator (in its sole discretion) to properly staff the Facility for the Event and for the proper and safe presentation of the Event, including, without limitation, personnel to set up and take down the Event (including all riggers), security personnel, ushers, crowd control, first aid (EMT), fire personnel, supervisors, electricians, janitorial staff, audio visual technicians, telecommunications staff, concession and catering staff, and other necessary support services customarily provided by Operator for a like event, as applicable; and (b) Additional Requested Items and Services. Additional items, personnel, and services, which Licensee requests to be provided in connection with the Event and which Operator is reasonably able to provide, such as stagehands for set- up, take down and productions, additional production requirements, and lighting and/or sound equipment other than the current sound or lighting system in the Facility, all of which shall be subject to the approval of Operator. It is understood by Licensee that services, labor, and equipment will be provided only to the extent of existing available inventory and in consideration of other Facility events and activities. 4. Food and Beverage. The F&B Provider shall have the exclusive right to provide food and beverage services in connection with the Event. The "F&B Provider" shall be the Operator or, if applicable, any third party the Facility has contracted with to be the exclusive food and beverage provider for the Facility. No other individual or organization is permitted to bring food or beverage products into the Facility, without the express written consent of Operator. (a) Food & Beverage Fee. Licensee shall pay the F&B Provider for all food and beverage services provided at the Event (the "F&B Fee"). Licensee acknowledges that the F&B Fee has been established based on Licensee's representation that the F&B Fee hereunder will be no less than the F&B Minimum. In the event the actual F&B Fee is less than the F&B Minimum, Operator shall have the right to increase the F&B Fee to the F&B Minimum. (b) Bancluet Event Order. No later than 21 days prior to the Event, Licensee and F&B Provider shall enter into a banquet event order form including the specific menu items and estimate of number of people attending the Event for whom such items will be provided (the "BEO"). Such BEO shall include an estimate of the F&B Fee and additional terms and conditions as may be required by the F&B Provider. No later than 5 business days prior to the Event, the BEO shall be revised to reflect any changes to the guaranteed number of people attending the Event. Once such BEO is entered into, Licensee shall be required to pay, at a minimum, the F&B Fee specified therein, regardless of any subsequent changes requested to the menu or attendance number. Unless otherwise agreed by Operator, the remaining balance of the F&B Fee not previously paid to the F&B Provider shall be paid by Licensee by money order, wire transfer, or certified check on the day of the Event. (c) All catered events are subject to a Management Charge that will be assessed at the rate in effect at the time of any event. While that rate is currently set at 22% of the goods and services provided, it is subject to increase by up to an additional 2% (to 24%) upon notice to Licensee. This Management Charge is the sole property of the food/beverage service company or the venue 4/ 10 Page 890 of 1281 Docusign Envelope ID: C655D2F2-BF67-8D34-82F2-D18D83C23987 owner/operator, as applicable, and is used to cover costs and expenses in connection with the catered event and administration of the event (excluding employee tips, gratuities, and wages), and is not charged in lieu of a tip or gratuity. For avoidance of doubt, the Management Charge is not a tip or gratuity, nor is it purported to be a tip or gratuity for any employee who provides services to guests (e.g., wait staff employee, service employee, service bartender, and the like), and no part of the Management Charge will be distributed (as a tip, gratuity, or otherwise) to any employee who provides service to guests. 5. Fees; Deposits. (a) License Fee. Licensee shall pay Operator the following amounts (collectively, the "Fee"), and unless otherwise set forth above, the entire Fee shall be paid to Operator in advance of the Event: 1. Base License Fee; plus 2. F&B Fee; plus 3. Costs as set forth above, and any and other expenses that Licensee is obligated to reimburse Operator for under this Agreement. (b) Non -Refundable Deposit. A non-refundable Deposit in the amount set forth above is payable to Operator upon execution of this Agreement. Such Deposit shall be credited to the Fee at settlement. Licensee shall not be entitled to the payment of any interest whatsoever on the Deposit. If the Deposit (or any portion thereof) is not paid on or before the due date(s) specified above, Operator may terminate this Agreement, in its sole discretion, by providing written notice of termination to Licensee. Any such termination shall be in addition to any other rights or remedies available to Operator at law or in equity arising out of such breach by Licensee, including Operator's right to recover damages. Any additional Costs relating to changes in the Event requirements shall, unless otherwise agreed by Operator, be paid by Licensee by money order, wire transfer, or certified check on the day of the Event, unless otherwise agreed by Operator in advance. (c) Interest: Payment. In the event Licensee fails to remit payment when due of any amounts due, interest shall accrue on such overdue amounts at the rate of 1.5 % per month (18% per annum), or the maximum rate permitted by law, whichever is less. Unless otherwise agreed by Operator, all payments hereunder shall be made by money order, wire transfer, or certified check. 6. Event Requirements. Licensee shall provide to Operator all necessary set-up instructions (personnel, equipment, utilities, layout, etc.) for the Event no later than 30 days prior to the Event (or, if this Agreement is executed less than 30 days prior to the Event, then immediately upon execution hereof) which shall include a copy of a full and complete floor plan for the Event (the "Event Plan"). If such Event Plan is not provided to Operator by such date, or if changes are made to the Event Plan after they have been provided to Operator, and Operator incurs additional costs or expenses as a result of such changes, Licensee shall be solely responsible for such additional costs and expenses at Operator's prevailing rates. No set-up of any exhibits may begin without proof of approval of the Event Plan by the local Fire Department/Fire Marshal for the town or city in which the Facility is located (the "Fire Department"), as applicable, and by the Operator. Advertising and Promotion. Licensee shall not publicize, or permit to be publicized, the Event prior to the execution of this Agreement by Operator. Licensee represents and warrants that (i) it has all necessary rights, title, and license in and to any advertising or promotion of the Event, and (ii) that all advertising of the Event will be accurate, truthful, and will include accurate information of the Event times and ticket prices (if applicable). All Event -related advertising will be subject to the prior written approval of Operator, not to be unreasonably withheld. All print and broadcast materials associated with the Event shall use the official Facility name/logo as provided by Operator. Operator has no responsibility whatsoever to advertise or market the Event. Operator reserves the right to display or sell, without limitation, advertising, and promotions within and around the Facility, and to retain all income from such display or sale. Licensee shall not interfere with, block, remove, or otherwise disturb advertising or promotions within or around the Facility without the prior written consent of Operator. Signs containing commercial or sponsored advertising messages must be approved in advance in writing by Operator. 8. Permits and Licenses. Prior to the Event, Licensee shall procure, at its expense (i) all licenses, permits, and approvals required under applicable laws in connection with its use of the Licensed Premises for the Event, including, without limitation, any licenses, permits, or approvals required by the Fire Department, and (ii) all licenses required by any performance rights organizations, such as ASCAP, BMI, GMR, SESAC and SOCAN, for music or other works to be utilized or displayed in connection with the Event. Copies of such licenses and proof of payment therefor shall be provided to Operator upon request. 5/ 10 Page 891 of 1281 Docusign Envelope ID: C655D2F2-BF67-8D34-82F2-D18D83C23987 Notwithstanding anything contained herein to the contrary, Licensee shall not be required to secure any permits for the general day-to-day occupancy of the Facility, or any music licenses which have previously been secured by Operator or Owner, as communicated in writing to Licensee. 9. Indemnification; Limitation on Liability; No Warranties; Risk of Loss. (a) Indemnification. Licensee hereby agrees to indemnify and defend Operator, Owner, any and all Facility vendors, and any other present or future lender providing financing to, or in connection with, the construction or operation of, the Facility, and each of their respective successors and assigns, and all past, current, and future agents, representatives, servants, officials, regents, officers, directors or supervisors, consultants, and employees of the foregoing (collectively, the "Facility Parties") from and against any and all claims, suits, losses, injuries, damages, liabilities, and expenses, including, without limitation, reasonable attorneys' fees and expenses (collectively, "Claims or Costs"), occasioned in connection with, arising or alleged to arise, wholly or in part, from (i) any breach of this Agreement by Licensee, (ii) the exercise by Licensee of the privileges herein granted, or (iii) the acts or omissions, or violation of any applicable law, rule, regulation, or order, of or by Licensee or any of its agents, owners, officers, directors, members, managers, representatives, contractors, exhibitors, employees, guests, or invitees (collectively, the "Licensee Parties"). (b) Limitation on Liability. Operator shall not be liable under any circumstances to Licensee for any indirect, special, punitive, or consequential damages, or loss of revenue or profits arising in connection with this Agreement, even if Licensee has been advised of the possibility of such damages. (c) Condition of Facility. Operator makes no warranty or representation to Licensee of any kind (express or implied) regarding the suitability of or compliance with applicable laws, of the Facility, the Licensed Premises, or any portion thereof, as built, for any aspect of the use Licensee expects or intends to make of the Facility. Licensee further agrees that the Facility and specifically the Licensed Premises are being provided "AS IS", "WHERE IS" and "WITH ANY AND ALL FAULTS" and without warranty, express or implied, as to the merchantability or fitness for the use thereof for any particular purpose. (d) Risk of Loss. None of the Facility Parties shall be responsible or liable for any injury or death to any person or loss or damage to the personal property sustained by any Licensee Party resulting from any condition, accident, or occurrence in or upon the Licensed Premises, unless such injury, loss, or damage is due to the gross negligence or willful misconduct of a Facility Party. Licensee acknowledges and agrees that all of its property or property of others in the Facility shall be used and/or stored in the Facility at the sole risk of Licensee, and Licensee on behalf of itself and each Licensee Party hereby waives and releases the Facility Parties from any and all Claims or Costs related thereto to the fullest extent permitted by law. (e) Survival. The provisions of this Section 9 shall survive any expiration or termination of this Agreement. 10. Insurance. (a) Required Coverage / Required Terms. Licensee shall, at its sole cost and expense, acquire and maintain throughout the Term, insurance as required on Exhibit A, attached hereto, and comply with all terms contained therein. (b) Failure to Obtain Insurance. Operator shall also have the right to prohibit Licensee or any of the Licensee Parties from entering the Facility until such certificates or other evidence that insurance has been obtained in complete compliance with this Agreement is received by Operator. Licensee's failure to maintain the insurance required herein shall be a material breach of this Agreement by Licensee and shall entitle Operator to terminate this Agreement upon notice to Licensee. IN THE EVENT OF SUCH TERMINATION BY OPERATOR, THERE SHALL BE NO FURTHER LIABILITY OF ANY KIND OR NATURE WHATSOEVER BY OPERATOR TO LICENSEE, AND OPERATOR SHALL RETAIN THE RIGHT TO PROCEED WITH A LEGAL ACTION AGAINST LICENSEE TO RECOVER ANY AND ALL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS) SUSTAINED BY OPERATOR BY REASON OF LICENSEE'S DEFAULT HEREUNDER. (c) Non -Compliance. In the event that Licensee fails to procure and present the required insurance, Operator shall have the right, but not the obligation, to do so on Licensee's behalf and at Licensee's expense and shall be entitled to reimbursement for the costs thereof as part of the Fee. 11. Use of the Licensed Premises. (a) Duty of Care: Return of Facility. Licensee shall use the Licensed Premises in a safe and careful manner. Licensee shall not (and shall ensure that all Licensee Parties do not) mar, deface, or injure any part of the Facility. Upon conclusion of the Term, Licensee shall deliver the Licensed Premises in as good condition and repair and in the condition received at the beginning of the Term, normal wear and tear excepted. 6/ 10 Page 892 of 1281 Docusign Envelope ID: C655D2F2-BF67-8D34-82F2-D18D83C23987 (b) Return of Prooerty. Immediately following the Event but no later than conclusion of the Term, Licensee shall immediately remove from the Licensed Premises any and all property, goods, or other effects belonging to, or brought into the Facility by, any Licensee Party. If Licensee fails to do so, Operator may store or cause to be stored any such property at Licensee's expense. Alternatively, Operator may deem such property to be abandoned and sell such property in such a manner and to such an extent as is permitted by applicable law and apply the proceeds of such sale(s) in a manner determined by Operator in its sole discretion. (c) Operator Access and Control. In licensing the use of the Licensed Premises to Licensee, it is understood that Operator does not relinquish the right to control the management thereof and to enforce all necessary rules and regulations. Operator shall at all times have the right to limit the number of people attending the Event, for the purpose of ensuring the safety of people and property at the Facility. (d) Disorderly Conduct. Operator reserves the right at all times to refuse admission to or to cause to be removed from the Event, the Licensed Premises, and/or the Facility any disorderly person, including Licensee's employees, agents, contractors, exhibitors, guests, and invitees, as determined by Operator in its sole discretion, and in the event of the exercise of such authority, Licensee hereby waives any and all claims for damages against Facility Parties on account thereof. (e) Other Events. Licensee acknowledges that other events or activities may be scheduled within the Facility during the Term in areas other than the Licensed Premises. Licensee acknowledges that the public parking areas surrounding the Facility are not exclusive to or for the Event. Licensee agrees to adhere to a "good neighbor" policy and will not permit or allow to be permitted, any activity in the Licensed Premises that will disturb use of other areas of the Facility by any other individual, entity, organization, or event. (f) Broadcasting. Licensee shall not televise or broadcast the Event or any part thereof without the prior written approval of Operator, which may be withheld in Operator's sole discretion, and may further be conditioned on Licensee (or an applicable third party) paying an additional fee for the privilege to broadcast the Event, and/or Licensee procuring additional insurance to cover such broadcasting activities. (g) Coat Check. Unless otherwise agreed by Operator in writing, Operator reserves the exclusive right to operate, or contract for the operation of, a coat checkroom, and to retain all revenue in connection therewith. 12. Non -Discrimination / Americans With Disability Act. Licensee agrees not to discriminate against any employee or applicant for employment to be employed in the performance of or in relation to this Agreement, with respect to the hire, tenure, terms, conditions, or privileges of employment, or any other matter directly or indirectly related to such employment, whether on account of race, creed, marital status, color, religion, national origin, ancestry, age, sex, sexual orientation, gender identity, disability, or handicap, except where based on a bona -fide occupational qualification. With respect to the Event, Licensee recognizes that it is subject to the provisions of Title III of the Americans With Disabilities Act, as amended ("ADA"). To the extent that Licensee reconfigures, modifies, alters, rearranges, or otherwise prepares or "sets up" the Licensed Premises or any other portion of the Facility in order to accommodate the Event, Licensee shall be responsible for ensuring that such areas comply (and continue to comply throughout the Term) in all respects with the ADA, including without limitation with regard to accessibility, usability, and configuration. Licensee shall be solely responsible for providing auxiliary aids or any modification of the Licensed Premises or other portions of the Facility that may be required in order to accommodate the Event, and for ensuring that the policies, practices, and procedures it applies in connection with the Event are in full compliance with the ADA. 13. Termination. Either party may terminate this Agreement in the event the other party fails to perform any of its material obligations under this Agreement, and such failure has not been cured within 15 days (or 5 days in the event of a payment default) after the date on which the breaching party receives written notice describing such breach in reasonable detail. Notwithstanding the foregoing, in the event Licensee fails to provide the insurance certificate(s) required herein by the date due hereunder, or if Operator or Owner may suffer irreparable harm as a result of the breach by Licensee, Operator shall not be required to wait any period of time before terminating this Agreement or pursuing any remedies hereunder or under applicable law. Any termination of this Agreement shall not prejudice any other right or remedy available to the non -breaching party at law or in equity. In the event Operator terminates this Agreement due to a breach or default by Licensee, Operator may retain as damages any fees paid by Licensee under this Agreement (including the Deposit), without prejudice to any other legal rights or remedies Operator may have. 14. Loss of Use of Facility; Force Majeure. (a) "Event of Force Maieure" Defined. "Event of Force Majeure" means any occurrence or condition beyond the reasonable control of the party asserting it that prevents such party from performing its obligations under this Agreement and may include, without limitation, fire, earthquake, flood, pandemic, epidemic, act of God, strike, lockout, or other labor dispute; provided, however, that under no circumstances shall the monetary inability of a party 7/ 10 Page 893 of 1281 Docusign Envelope ID: C655D2F2-BF67-8D34-82F2-D18D83C23987 to perform be considered an Event of Force Majeure. (b) Loss Affecting the Facility or Event of Force Maieure Affecting Operator. Should the Facility or any material part thereof be destroyed or damaged by fire or by any other cause, or if any other Event of Force Majeure shall render the fulfillment of this Agreement by Operator impractical, this Agreement shall terminate, and Operator shall not be liable or responsible to Licensee for any damage or loss caused thereby. In such event, and provided that such casualty loss of Event of Force Majeure was not caused by an act or omission of Licensee or its employees, agents, representatives, or affiliated parties, Operator shall return the Deposit to Licensee, less any out-of-pocket costs incurred by Operator in connection with the Event (for which Licensee shall remain liable). (c) Event of Force Maieure Affecting Licensee. Should Licensee be unable to take possession of the Facility or present the Event due to an Event of Force Majeure, without limiting the terms of subsection (b) above, neither Operator nor Licensee shall have any liability under this Agreement and Licensee, as its sole remedy and relief, shall receive a refund of any uncommitted or cancelable advance payments, with the exception of the Deposit, which is nonrefundable. 15. Cancellation of Event by Licensee. In the event of a cancellation by Licensee of the Event no Deposit refund shall be made. Additionally, and unless otherwise indicated by Section 14 above, Licensee shall be obligated to pay the full amount of the Fee contemplated to be due hereunder had the Event actually occurred, including without limitation the F&B Fee. The parties agree that Operator will be damaged by any such cancellation, and that the exact amount of such damages would be either impossible or inconvenient to prove, and that the amounts set forth in the preceding sentence are a reasonable estimate of the amount of such damages. The parties further agree that such amount shall constitute liquidated damages, and not a penalty of any kind. The remedies set forth in this section are in addition to, and not in lieu of, any other rights or remedies Operator may have, at law or in equity, in the event of a breach or cancellation of this Agreement by Licensee. 16. Miscellaneous. (a) Compliance with Laws: Facility Rules, Taxes. Licensee shall comply with and shall cause all of the Licensee Parties to comply with all laws, regulations, and ordinances applicable to it in connection with its performance under this Agreement as well as all Facility Rules ("Compliance Obligations"). These Compliance Obligations include, without limitation, compliance with all national, state, and local laws, regulations, and ordinances, as well as all Facility Rules implemented to reduce the risk of transmission of COVID-19. Unless otherwise expressly stated herein, any items or services provided by Operator to Licensee to assist Licensee in performing its Compliance Obligations shall be the sole responsibility of Licensee and reimbursable to Operator as Costs. Licensee agrees to pay promptly all taxes assessed on its activities at the Facility hereunder, including any sales tax on the payment of the Fee hereunder (which shall be in addition to the amounts due hereunder). (b) Governing Law: Consent to Exclusive Jurisdiction. This Agreement shall be governed by the internal laws of the state or commonwealth in which the Facility is located, without regard to conflict of laws principles. Any action arising out of or in connection with this Agreement, or the conduct, acts, omissions, or activities of the parties hereunder, shall be brought in the federal or state courts located in the state or commonwealth in which the Facility is located, and the parties hereby submit to the exclusive jurisdiction of, and venue in, those courts. (c) Management Agreement. Licensee recognizes Operator is entering into this Agreement pursuant to its specific authority in the management agreement between Owner and Operator ("Management Agreement") and to the extent such Management Agreement expires or is terminated, or Operator ceases for any reason to be the manager of the Facility, Operator shall have no independent liability under this Agreement and this Agreement shall remain in full force and effect and all performance by Operator shall be rendered by Owner or the Facility's successor manager. If the Facility closes or becomes non -operational, Operator or Owner may terminate this Agreement without liability. (d) Assignment. This Agreement shall not be assigned nor shall Licensee's right to use the Licensed Premises be sublicensed by Licensee without the prior written consent of Operator in each instance, which may be withheld in Operator's sole discretion. Operator may assign this Agreement at any time to any party including, without limitation, any successor owner or operator of the Facility. (e) Waivers. No waiver shall be effective unless it is in writing and is signed by the party to be charged. No delay or failure to exercise any right or remedy accruing to any party shall impair any such right or remedy, nor shall it be construed as a waiver of any future right or remedy. (f) Relationship of the Parties. The parties are independent contractors, and nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. (g) Notices. All notices shall be in writing and shall be deemed delivered 3 days after deposit in the U.S. mail, certified, 8/ 10 Page 894 of 1281 Docusign Envelope ID: C655D2F2-BF67-8D34-82F2-D18D83C23987 return receipt requested, to Licensee and Operator at the address set forth above (Attn: General Manager), with a courtesy copy sent via electronic mail. A copy of all notices to Operator to be sent to OVG360, 150 Rouse Blvd., Philadelphia, PA 19112, Attn: Legal Department, Email: OVG36OLegal@oakviewqrouip.com. (h) Severability. If any provision of this Agreement is declared invalid or unenforceable by an arbitrator or court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. Attorneys' Fees. In case any suit or action is instituted by Operator to enforce compliance with this Agreement, including all appeals, Operator shall be entitled to recover all reasonable costs incurred, including staff time, court costs, attorneys' fees, and all other related expenses, from Licensee, in addition to the costs and disbursements provided under applicable laws. Q) No Third -Party Beneficiaries Entire Agreement. No other party shall be or be deemed to be a third -party beneficiary of this Agreement, except for Owner, who is an intended third -party beneficiary of the obligations of Licensee under this Agreement, entitled to enforce this Agreement directly against the Licensee as if Owner was a party hereto. This Agreement constitutes the entire agreement and understanding of the parties regarding its subject matter, and supersedes any and all prior agreements, understandings, or communications between the parties, whether oral or written. This Agreement may not be amended except by a writing signed by an authorized representative of each party. In the event of a conflict between the terms of this Agreement and the terms set forth in any exhibits or addenda attached hereto, the terms of this Agreement shall govern. This Agreement shall be binding upon and inure to the benefit of all successors and permitted assigns. 9/ 10 Page 895 of 1281 Docusign Envelope ID: C655D2F2-BF67-8D34-82F2-D18D83C23987 Exhibit A Insurance Obligations Licensee shall obtain, at its own cost and expense, the following insurance: (a) CGL Coverage. Licensee shall obtain commercial general liability insurance in the name of Licensee which insures all operations of Licensee (including operations of Licensee as contemplated by this Agreement), and Licensee's contractual undertaking of liability of another and Licensee's assumption of liability, as set forth in this Agreement. Such insurance shall be written with a limit of at least One Million Dollars ($1,000,000.00) for bodily injury, property damage and personal injury, with a Two Million Dollars ($2,000,000) General Aggregate. (b) Workers' Compensation Coverage. Licensee shall maintain, at its own cost and expense, workers' compensation insurance in respect of all employees, players, performers and any borrowed, leased or other person to whom such compensation may be payable by Licensee. (c) Automobile Liability Coverage. If Licensee is operating or causing the operation of vehicles on the premises of the Facility, Licensee shall maintain commercial automobile liability insurance, including coverage for the operation of owned, leased, hired and non -owned vehicles, in the minimum amount of $1,000,000 per accident, $2,000,000 in the aggregate for personal injury and property damage (including with respect to load -in and load -out). Additional Terms: • Other than in connection with workers' compensation policies, all such insurance shall name Global Spectrum, L.P. d/b/a Oak View Group and City of Dubuque, Iowa as additional insureds. The naming of City of Dubuque„ Iowa as an additional insured shall not constitute a waiver of the defenses available to City of Dubuque, under Chapter 670 of the Code of Iowa. • Certificates of Insurance. At least 30 days prior to the Event (or immediately upon execution hereof, if less than 30 days remain before the Event), the Licensee shall provide to the Operator certificate(s) of insurance evidencing the coverages set forth above. • Insurance policies shall be issued by insurance companies authorized to do business by the State of Iowa and have an A.M. Best rating of at least A-VIII or better for the duration of the Agreement, include a waiver of subrogation in favor of the Facility Parties and be primary and non-contributory with any available insurance policies and programs of self-insurance of the Facility Parties. • Licensee shall not cancel or otherwise modify policies set forth above without 30 business days' prior written notice to Operator and in the event of a non-payment of premium by Licensee, shall issue 10 days' prior written notice to Operator. • Insurance effected or procured by Licensee hereunder will not reduce or limit Licensee's contractual obligation to indemnify and defend the Facility Parties hereunder. • All such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 10/10 Page 896 of 1281 THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Nate Kieffer, PLS DATE: July 28, 2026 Dubuque All -America ClW 2007-2012.2013 2017*2019 RE: Request to Sign Site Access Agreement between the City of Dubuque and Holy Family Catholic Schools Attached is a site access agreement between the city of Dubuque and Holy Family Catholic Schools. Holy Family Catholic Schools (HFCS) is requesting early access to City of Dubuque property at Veteran's memorial park. As part of their campus redevelopment plans, HFCS has proposed an earthen embankment on the disc golf course area of the park. All appropriate City staff, including the parks department, have reviewed and approved of the plan. Engineering has worked with the City Attorney's office to prepare an early site access agreement which will allow Holy Family to begin work before the grant of easement from the City is finalized. It would be appreciated if you would execute the attached document. Please return it to the Engineering office for further processing. Attach. cc: Kerry Bradley, Eng. Dept. Page 897 of 1281 SITE ACCESS AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND HOLY FAMILY CATHOLIC SCHOOLS This Site Access Agreement (the Agreement) is made and entered into this 28th day of July , 2026, by and between the City of Dubuque, Iowa, an Iowa municipal corporation (City) and Holy Family Catholic Schools, Dubuque, Iowa (HFCS). WHEREAS, City is the owner of the real estate legally described as LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA (the Site); and WHEREAS, HFCS is planning for the construction of an earthen embankment located on the Site to provide lateral support for a proposed sports field located on HFCS owned property being the Wahlert Catholic High School campus, all as shown on the attached Site Plan, Exhibit A; and WHEREAS, HFCS is requesting that City grant HFCS a permanent easement for the construction and maintenance of said earthen embankment (the Grant of Easement); and WHEREAS, due to time constraints, HFCS requires access to the Site prior to the formal Grant of Easement to complete the construction of said earthen embankment; and WHEREAS, City desires to allow HFCS access to the Site for such purposes prior to the Grant of Easement from City subject to the conditions set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. ACCESS TO SITE. City hereby grants to HFCS, its counsel, accountants, agents and representatives full and continuing access to the Site and all parts thereof, upon reasonable notice to City and at HFCS's sole expense, for the following activities: construction of an earthen embankment and associated turf restoration and landscaping (the Project) as shown in the approved Site Plan on file with the City Engineer, and such other work as City and HFCS shall agree in writing if substantially different from those anticipated activities. SECTION 2. RESTORATION OF SITE. HFCS acknowledges that any site preparation or other work performed by HFCS is at HFCS's sole risk. HFCS agrees to timely pay and discharge all claims of any kind by its contractors, subcontractors and suppliers with respect to any work performed on the Site, including but not limited to claims for labor or material furnished in connection therewith, and to defend, indemnify and hold harmless each of City from and against any and all such claims. If the 07012026 Page 898 of 1281 Easement Agreement described in Section 7 is not executed by City and HFCS as required ed by Section 7, HFCS shall restore all disturbed surfaces that are disturbed during HFCS's work for the Project to nearly as reasonable possible as it was prior to HFCS's work within 60 days after the termination of this Agreement. This obligation shall survive the termination of this Agreement. SECTION 3. CONDITION OF THE SITE. City makes no warranty or representation as to the condition of the Site, including environmental conditions. HFCS takes the site "as is." HFCS acknowledges that any work performed by HFCS and/or its contractor(s) at the Site is at its sole risk. HFCS shall ensure that all work at the Site is done in accordance with all applicable laws and permits and in a good worker -like manner. Following work at the Site each day, HFCS and its contractors shall not leave the Site in a condition reasonably believed by HFCS and/or its contractor(s) to be a hazardous or unsafe condition. HFCS and its contractor(s) are solely responsible for obtaining any and all permits required for the work to be conducted at the Site. No hazardous chemicals and wastes may be stored or disposed of on the Site and all such materials must be used only as allowed by law. HFCS shall be responsible for identifying any and all utilities serving the Site prior to conducting invasive work on the Site. SECTION 4. SHARING OF INFORMATION. HFCS shall provide City with copies of any and all reports and documents resulting from the work conducted at the Site upon the request of the City, as applicable. In the event such information is confidential, it shall be managed by the parties pursuant to a separate Confidentiality Agreement. HFCS and/or its contractor(s) shall notify the City immediately upon discovery of any condition at the Site reasonably believed by HFCS and/or its contractor(s) to be a hazardous or unsafe condition at the Site. SECTION 5. INDEMNIFICATION. HFCS shall defend, indemnify and hold harmless the City and their respective officers, directors, agents and employees from and against any claim and cost of any kind, including without limitation, reasonable attorneys' fees and consulting fees, to the extent caused by any negligent work at the Site by or on behalf of HFCS and its contractors, excluding any negligence, misrepresentation or any unlawful act of the City. This obligation shall survive the termination of this Agreement. SECTION 6. INSURANCE. HFCS shall provide insurance as set forth in the attached Insurance Schedule. SECTION 7. EASEMENT AGREEMENT. This Agreement is conditioned upon and subject to City and HFCS executing the Easement Agreement substantially in the form of Exhibit B within 60 days of completion of the Project . If the Easement Agreement is not executed by City and HFCS withing such sixty (60) day period, this Agreement shall terminate. Page 899 of 1281 CITY OF DUBUQUE, IOWA HOLY FAMILY CATHOLIC SCHOOLS, DUBUQUE, IOWA J Mi hael Van Milligen Philip ormann, Chief Administrator City Manager Page 900 of 1281 EXHIBIT A SITE PLAN Page 901 of 1281 SITE ACCESS AGREEMENT EXHIBIT A ON / .. P 301 51 FL RCP 722.35 / P 24_ 72453 psi E G �Q I /� � y. �� - s, �Q4q�.a 3 _ 1 phi I EX STM R 2 C2 49 Kt'P F F. FI 855-74 p 5_�01 O HORIZONTAL SCALE IN FEET 0 100 200 DRAWING MAY HAVE BEEN REDUCED I l WiA EX PERMANENT DETENTION BASIN EASEMENT '5' CURRENT TEMPORARY EASEMENT FOR DETENTION BASIN GRADING i RIM 83 C\ 36.12� / 0 SEX -C RE 80643 2 _ RIMIM 835.895.89� G ® C8 RCG3 LPT 80651 C RIM 9 O D 4 p D EX / D RIM / o 0 �} X'G CM CB RCG3 80675 RIM 836.07 E% G ®C9 RCG RIn4 836.09 XLC O C\ RMC8351RC INTA 0 f RECONSTRUCT TEE BOX AS IS. COORDINATE FINAL PLACEMENT WITH THE CITY OF DUBUQUE TEMPORARY GRADING EASEMENT - I.. e� < Is - REMOVE TREES AND BRUSH AND REGRADE. REMOVE AND REPLACE DISC GOLF BASKETS. COORDINATE FINAL .� GRADING AND PLACEMENT OF DISC GOLF BASKETS WITH THE CITY OF DUBUQUE PARKS DEPARTMENT. TPERMANENT GRADING AND J INTENANCE EASEMENT _ I\ 1 ® / �\ ��Y rL u`o ' �� �ASTIC 80438 �RIM TIM. i RI STM .8 5 63 1 E S FL 842.47 �i ^ az // ;r Nr kT �L6@d�447 "PVC 59.82 � 9.05 50 EX CL C1R G W - G INTA C459 P 8 6.49 SUZ4RC INTAKE 50\ IRC INTA CE 275 M R 66.37 C ❑ RIM 86 3 dM 86 .14 ty{` A7K s9463 78•' RCP NE, F .7 12"" RCP.'?uW�L 84 64 O RI 61.89 2 PIPES S, F 7. 12RC9 SE, FL 847. 4 EEL N, FL PVC E, FL 857.39 �s\ O \ 1� RCP E, FL 855.39 a R MCL 761NTAKE 80242 �G� -865, 1 RCP NW, FL 854.41 •� T, 86 " RCP SE, FL 854.51 O J -RI CL CIRC INTAKE 80230 9 II � � � RIM 865.33 \ + 12" RCP NW, FL 858.33 12RCP SE, FL 858.43 EX SAN MH 50 e� / Fr _870-- �ESY 'MH 50001' E513 RI r 0 8 � -870- 87o 65 3" CLAY N, FL 863 25 �•�6 S / 6" CLAY S,'L 863.35 1 F ? s 8" CLAY W, FL 863.20 1 �• \ 4 �6• _ cg" 9 5 EX MSAN H,50021 �� � C6' 3 / 8' Cl, 6208 \ c5„ � .6' / CLAW 203 �5• N. J 5 ✓/. Y EX SAN,M1'� 50038 AYW, FL 866.51 0 ., F859.00 \ KA\v 8 CLAY E, FL 866.46 p EX SA H 200749/ , •(� V 76.32 p~ �� \N 8"' CLAY N, FL 859.32 W �' 8" CLAY E, FL 859.72 EX G ®CB 1fi9-� W- 8" CLAY S, FL 859-22 - - - PROPOSED KEYED NOTES 1. TENNIS COURT (FUTURE) 2. SOFTBALL FIELD (FUTURE) 3. BASEBALL FIELD (FUTURE) 4. TRACK & FIELD (FUTURE) 5. TRACK THROWING AREA (FUTURE) 6. PRACTICE FIELD C b,O (n O N X •-- O 0 tm 1 z • - O am 0 z N 0 ]C O 3 origindesign.com 800 556-4491 HOLY FAMILY CATHOLIC SCHOOLS Project Name PLATFORM FOR EXCELLENCE - SITE IMPROVEMENTS DUBUQUE, IA 52001 Sheet Title PROPOSED CONDITIONS Page 902 of 12 1 EXHIBIT B GRANT OF EASEMENT Prepared by: Nate Kieffer 50 W. 131h Street Dubuque Iowa 52001 (563-589-4270) Return to: Nate Kieffer 50 W. 13th Street Dubuque Iowa 52001 (563-589-4270) GRANT OF EMBANKMENT EASEMENT For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the City of Dubuque ("Grantor"), of Dubuque County, State of Iowa, does hereby grant, sell and convey to Holy Family Catholic Schools, Dubuque, Iowa ("Grantee"), its lessees, licensees, successors and assigns, from the date hereof, a non-exclusive easement (the Embankment Easement) through, under and across the following described real estate situated in Dubuque, Iowa, to wit: PART OF LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA Said Embankment Easement shall be as shown on the attached Easement Exhibit A (the Easement Area), for the purpose of constructing and maintaining an earthen sports field embankment for lateral support as shown in the approved Site Plan on file with the City Engineer (the Improvements), along with the right, privilege and authority to survey, inspect, construct, reconstruct, alter, maintain, repair, replace, patrol and remove said Improvements. Along with the right to occupy the temporary easement area(s) as shown on the attached Easement Exhibit A until the completion of the Improvements. The temporary easement shall expire after completion and inspection of the Improvements by City. Grantee, its successors and assigns, agrees to pay for any damage caused to the land, fences, or other personal property of Grantor from the construction or maintenance of said Improvements. Notwithstanding the foregoing, Grantor shall be solely responsible for the maintenance of any improvements it constructs in the Easement Area. Grantor, its successors and assigns, agrees to pay for any damage caused to Grantee's Improvements from the construction or maintenance of any such additional improvements by Grantor in the Easement Area. Grantee's Additional Responsibilities: • Per plans reviewed and approved by Grantor, perform all grading and restoration work to City standards. • Provide all necessary insurance and indemnification for all construction work performed on Grantor property. • Ensure the site is restored to Grantor's satisfaction upon completion, including trees and associated landscaping per the site plans reviewed and approved by Grantor. 07012026 Page 903 of 1281 • Be responsible for any defects or settling that occur in the Easement Area for a warranty period of two years. Grantor's Additional Responsibilities: • Maintain the surface of the embankment • Reserve/have free enjoyment of use of Easement Area for uses compatible with a public park as well as right to install utilities above and below ground. If either party fails to maintain its respective Improvements, as defined above, after written notice to such party, the non -defaulting party may take such action as it deems necessary and submit any costs and expenses for such maintenance to the defaulting party, which party shall reimburse the non -defaulting party for such costs and expenses promptly upon receipt of a statement for such costs and expenses. Grantor reserves unto itself the perpetual right in the Easement Area for the purpose of erecting, installing, constructing, reconstructing, maintaining, owning, operating and repair of storm and sanitary sewers, watermain, gas, telephone, television, fiber optics cable, and electrical lines above or below said private Improvements as such utilities would not interfere with the existence and maintenance of the Improvements. Indemnification. Grantee shall defend, indemnify and hold harmless Grantor, its officers, agents and employees from and against any claim and cost of any kind, including without limitation, attorneys' fees and consulting fees, arising out any surveying, inspection, construction, reconstruction, alteration, replacement, maintenance, repair, patrol or removal of said Improvements. This obligation shall survive the termination of this Grant of Easement. Grantor shall defend, indemnify and hold harmless Grantee, its officers and employees from and against any claim and cost of any kind, including without limitation, attorneys' fees and consulting fees, arising out Grantor's negligence in the performance of this Grant of Easement. Insurance. Grantee shall provide insurance as set forth in the attached Insurance Schedule during surveying, inspection, construction, reconstruction, alteration replacement, maintenance, repair, patrol or removal of said Improvements. Modification and Termination. This Grant of Embankment Easement may not be modified or terminated except by written agreement of the parties. To have and to hold unto the said Grantee forever, and the undersigned does hereby expressly covenant that Grantor is the owner in fee of said real estate and has good right to execute this Grant of Embankment Easement. Dated at Dubuque, Iowa this day of [SIGNATURE PAGES TO FOLLOW] 2026. 2 Page 904 of 1281 CITY OF DUBUQUE Az Brad M. Cavanagh, Mayor NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this day of , 2026 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Brad M. Cavanagh, Mayor of the City of Dubuque, who executed the within and foregoing instrument and acknowledged that he executed the same as his voluntary act and deed on behalf of the Grantor. Notary Public In and For Said State 9 Page 905 of 1281 ACCEPTANCE OF EASEMENT Holy Family Catholic Schools, Dubuque, Iowa accepts the terms and conditions of the Grant of Easement. Holy Family Catholic Schools, Dubuque, Iowa Phillip Bormann, Chief Administrator NOTARY PUBLIC STATE OF IOWA ) ) SS. COUNTY OF DUBUQUE ) On this day of , 2026, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Phillip Bormann, who executed the within and foregoing instrument and acknowledged that he/she executed the same as his/her voluntary act and deed on behalf of Holy Family Catholic Schools, Dubuque, Iowa. Notary Public In and For Said State 0 Page 906 of 1281 1W:4:1WIW-11 Page 907 of 1281 EASEMENT EXHIBIT A PERMANENT GRADING AND MAINTENANCE EASEMENT AND TEMPORARY GRADING EASEMENT ON PART OF LOT 1 OF MINERAL LOT 383 IN THE CITY OF DUBUQUE, IOWA • I EX PERMANENT DETENTION BASIN EASEMENT CURRENT TEMPORARY EASEMENT FOR DETENTION BASIN GRADING �25' LOT 1 OF MINERAL LOT 383 IV70028'09"E I OWNER: CITY OF DUBUQUE 31.35'� S82°35'03"E I- 108.50' s IN100035�j 27.30' �a 0 o \ co L 0 S85°2916"W 54.45' 108.90, `c90 POB NORTHEAST CORNER OF LOT 1-1 IN ST. MARY'S PLACE C0 �s TEMPORARY PERMANENT GRADING AND 2� o GRADING MAINTENANCE EASEMENT o EASEMENT 15,868 SQ. FT. ww 32,701 SQ. FT. ! win I LOT 1-1, ST. MARY'S PLACE OWNER: HOLY FAMILY �\ a a . °o . 0 Ov EASTERLY LINE OF LOT 1-1, ST. MARY'S PLACE 3 /� 'IV •h to � `'' BEGINNING AT THE NORTHEAST CORNER OF LOT 1-1 IN ST. MARY'S PLACE; THENCE SOUTH 85°29'16" WEST ALONG THE NORTH LINE OF SAID LOT 1-1, 108.90 FEET; THENCE NORTH 53'10'11" EAST, 70.30 FEET; THENCE NORTH 70°28'09" EAST, 31.35 FEET; THENCE SOUTH 73°10'50" EAST, 27.30 FEET; THENCE SOUTH 53°05'51" EAST, 68.00 FEET; THENCE SOUTH 29°01'25" EAST, 80.00 FEET; THENCE SOUTH 10°15'52" EAST, 89.00 FEET; THENCE SOUTH 10°54'41" WEST, 76.09 FEET; THENCE SOUTH 12°35'44" EAST, 26.31 FEET, TO THE EASTERLY LINE OF SAID LOT 1-1; THENCE NORTH 21°33'44" WEST, 282.36 FEET, ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING; CONTAINING 15,868 SQUARE FEET MORE OR LESS. SURVEYOR'S NOTES: 1. PROPRIETOR: CITY OF DUBUQUE. 2. SURVEY WAS COMPLETED FOR HOLY FAMILY 3. BEARINGS ARE REFERENCED TO IOWA STATE PLANE NORTH ZONE, NAD83(2011) 4. THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS OF WAY OF RECORD AND NOT OF RECORD. 5. TOTAL AREA OF PERMANENT EASEMENT IS 15,868 SQ. FT. +/ LEGEND EXISTING PROPERTY PROPOSED EASEMENT POB POINT OF BEGINNING () RECORDED AS FOUND 5/8" REBAR UNLESS OTHERWISE NOTED S12035'44"E 26.31' NORTH GRAPHIC SCALE ill =60' DRAWING MAY HAVE BEEN REDUCED Page 908 of 1281 IIkiRill :7_1kiM46*d:14IIIAO Page 909 of 1281 INSURANCE SCHEDULE A HFCS (licensee) shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the lease, license, or permit commencement. All lessees of City property and right of way licensees or permittees shall submit an updated certificate annually. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Lease Agreement dated 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. HFCS shall have the right to self -insure any or all of the coverages below. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. The lessee, licensee, or permittee shall be required to carry the minimum coverage/limits, 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 lessees, licensees, or permittee 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. 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 10. Lessee, license & permittees shall be responsible for deductibles and self -insured retention and 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. 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 the written mutual agreement attached hereto. rl Page 910 of 1281 INSURANCE SCHEDULE A (Continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 2) Include endorsement indicating that coverage is primary and non-contributory. 3) 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. Policy shall include Waiver of Right to Recover from Others Endorsement. B) E) RIGHT-OF-WAY WORK ONLY: UMBRELLA/EXCESS $5,000,000 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. E:3 Page 911 of 1281 SPECIMEN Page 912 of 1281 Certificate of Coverage '°atie:'/2'/2026 Certificate holder Archdiocese of Dubuque and All Other Corporations of which the Archbishop is President Chancery Office This Certificate is issued as a matter of information only and confers no rights upon the holder of this certificate. This certificate does not amend, extend or alter the coverage afforded below. 1229 Mt. Loretta Ave. Company Affording Coverage Dubuque, IA 52003 THE CAT14OLIC MUTUAL RELIEF SOCIETY OF AMERICA 10843 OLD MILL RD OMAHA, NE 68154 Covered Location HOLY FAMILY SCHOOL 2005 KANE STREET DUBUQUE, IA 52001-0000 !Coverages This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate 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 coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Type of Coverage Certificate Number Coverage Effective Date Coverage Expiration Date Limits Property Real & Personal Property D. General Liability Each Occurrence 1,000,000 General Aggregate 2,000,000 ®X Occurrence ® CIaims Made 8525 7/1/2026 7/1/2027 Products-Comp/OP Agg 1,000,000 Personal & Adv Injury 1,000,000 Fire Damage (Any one fire) 50,000 Med Exp (Any one person) Excess Liability 8525 7/l/2026 7/1/2027 Each Occurrence Annual Aggregrate 5,000,000 Other Each Occurrence Claims Made Aggregate Annual Aggregrate Limit/Coverage Description of Operations/Locations/Veliicles/Special Items (the following language supersedes any other language in this endorsement or the Certificate in conflict with this language) Coverage only extends to 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 for claims arising out of Holy Family Catholic Schools construction of an earthen embankment and associated turf restoration and landscaping as shown in the approved Site Plan on file with the City Engineer. Holder of certificate in included as additional protected but only with respect to liability arising from negligence of the Holy Family Catholic Schools. Coverage is primary and non-contributory. Holder of Certificate Cancellation Additional Protected Person(s) Should any of the above described coverages be cancelled before the expiration date thereof, the issuing company will City of Dubuque 50 W. 13th Street Dubuque, IA 52001 endeavor to mail 30 days written notice to the holder of certificate named to the left, but failure to mail stick notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. 0079004742 Authorized Representative ?0 Page of 12 1 ENDORSEMENT (TO BE ATTACHED TO CERTIFICATE) Effective Date of Endorsement 7/20/2026 Charge Credit Cancellation Date of Endorsement 7/1/2027 Certificate Holder Archdlocese of Dubuque and All Other Corporations ofwhlch the Archblahop Is President Chancery Office 1220 Mt. Loretta Avo. Dubuque, IA 52003 Location HOLY FAMILY SCHOOL 2005 KANE STREET DUBUQUE, IA 52001-0000 Certificate No. 8525 of The Catholic Mutual Relief Society of America is amended as follows: SECTION II -ADDITIONAL PROTECTED PERSON(S) It is understood and agreed that Section II - Liability (only with respect to Coverage D - General Liability), is amended to include as an Additional Protected Person(s) the organization(s) shown in the schedule below. 1.1911 o ARIA City of Dubuque 50 W. 13th Street Dubuque, IA 52001 Remarks: Coverage only extends to the City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions andlor authorities and their board members, employees and volunteers for claims arising out of Holy Family Catholic Schools construction of an earthen embankment and associated turf restoration and landscaping as shown In the approved Site Plan on file with the City Engineer. Holder of certificate In Included as additional protected but only with respect to liability arising from negligence of the Holy Family Catholic Schools. Coverage is primary and non-contributory. However, the following limitations apply to coverage: 9. The maximum limits of coverage provided by Catholic Mutual Relief Society of America to the Additional Protected Person(s) named in this endorsement shall not exceed the coverage dollaramount specifically required by contract or agreement and agreed to by the Protected Person(s). In the absence of specific coverage limits within a referenced contract or agreement, the limits of liability afforded to the Additional Protected Person(s) must be listed on a separate Certificate of Coverage form attached to this endorsement. All limits of liability extended by this endorsement are inclusive of both Section II Coverage D and Section VII coverages (if applicable). 2. Unless specifically agreed to by contract or agreement, the coverage extended to the Additional Protected Person(s) by this endorsement is excess and non-contributory over any other available coverage or insurance. 3. This endorsement does not apply to any Occurrence outside the specific date(s) of a facility use agreement or terms of a lease. 4. This endorsement does not extend coverage to the Additional Protected Person(s) for Occurrences which cannot be attributed to primary acts or omissions of the Protected Person(s). 5. Provided that a premises is utilized by the Protected Person(s) in a manner consistent with its intended purpose and in accordance with the applicable contract, agreement, or lease, this endorsement does not extend coverage to the Additional Protected Person(s) for premises defects or other Occurrences which could not be discovered by the Protected Persons) with reasonable diligence. 6. The limited coverage afforded to the Additional Protected Person(s) by this endorsement only applies to the extent permissible by law and shall not apply to non -delegable duties unless specifically agreed to by contract or agreement. This extension of coverage shall not enlarge the scope of coverage provided to the Certificate Holder under this Certificate nor increase the limit of liability thereunder. Unless otherwise agreed by contract or agreement, coverage extended under this endorsement to the Additional Protected Person(s) will not precede the effective date of this endorsement or extend beyond the cancellation date. PKS-122C(10-23) THE CATHOLIC MUTUAL RELIEF SOCIETY OFAMERICA Page 914 of 1281 ENDORSEMENT General Conditions (TO BE ATTACHED TO CERTIFICATE) Effective Date of Endorsement 7/20/2026 Charge Credit Certificate Holder Archdiocese of Dubuque and All Other Corporations of which the Archbishop is President Chancery Office 1229 Mt. Loretta Ave. Dubuque, IA 52003 Certificate No. 8525 of The Catholic Mutual Relief Society is amended as follows: WAIVER OF SUBROGATION BETWEEN PROTECTED PARTIES It is agreed that this Certificate is amended that notwithstanding anything to the contrary in Paragraph 11 of the General Conditions of the Certificate, Right of Recovery, in the event of any payment under this Certificate, we waive our right of recovery against any Additional Protected Person(s) in the Certificate. 0, . ft7.,- Authorized Representative PKS-113 (1-89) Page 915 of 1281 ENDORSEMENT (TO BE ATTACHED TO CERTIFICATE) Effective Date of Endorsement 7/20/2026 Charge Credit Cancellation Date of Endorsement 7/1/2027 Certificate Holder Archdiocese of Dubuque and All Other Corporations of which the Archbishop is President Location HOLY FAMILY SCHOOL 2005 KANE STREET DUBU UE, IA 52001-0000 Certificate No, 8525 of The Catholic Mutual Relief Society of America Is amended as follows: PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE or COVERAGE CONDITION This endorsement modifies coverage provided under the following: PKS-100 SECTION 11- LIABILITY CONDITIONS The following is added to the Other Insurance or Coverage Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance or Coverage This protection is primary to and will not seek contribution from any other insurance or coverage available to an Additional Protected Person(s) under your certificate provided that: (1) The Additional Protected Person(s) is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this protection would be primary and would not seek contribution from any other insurance available to the Additional Protected Person(s) . PKS-207 (12-20) ?a.Vk Q11' ['�L A Authorized Representative Page 916 of 1281 ACt�7►,�,Li�' CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 07/21 /2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(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 402-551-8765 C.M.G. Agency, Inc 10843 Old Mill Road Omaha NE 68154 NAME ACT C.M.G. Agency, Inc WCNN .: 402-551-8765 F4C No: E-MAIL memberservices@catholicmutual.org INSURERS AFFORDING COVERAGE NAIC 0 INSURERA: INSURED Archdiocese of Dubuque 1229 Mt. Loretta PO Box 479 Dubu ue IA 52001 INSURERS: Diocesan Self Insured Plan INSURERC: INSURERD: Midwest Employer's Casualty INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMIDDIIYYYY MMIDD/YYXYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ OCCUR AMACLAIMS-MADE D PREMIESESS (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO- JECT LOC PRODUCTS - COMPIOP AGG $ $ OTHER: B AUTOMOBILE LIABILITY ✓ Ea aoc EDtSINGLE LIMIT $ 1,000 000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS SI-079 07/01/2026 07/01/2027 BODILY INJURY (Per accident) $ PROPERTY DAMAGE ccident Per accident, $ ✓ HIRED NON -OWNED AUTOS ONLY fVAUTOS ONLY UMBRELLALIAB EXCESS LIAB OCCUR i CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBEREXCLUDED7 (Mandatory In NH) NIA EWC008160 07/01/2026 07/01/2027 ✓ 3T TOTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 , yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Coverage only extends to 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 for claims arising out of Holy Family Catholic Schools construction of an earthen embankment and associated turf restoration and landscaping as shown in the approved Site Plan on file with the City Engineer. Holder of certificate in included as additional protected but only with respect to liability arising from negligence of the Holy Family Catholic Schools. Coverage is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION Insured City of Dubuque 50 W 13th Street 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 ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Page 917 of 1281