Public Improvement Contracts with Performance, Payment, and Maintenance BondsCity of Dubuque
City Council
CONSENT ITEMS # 12.
Copyrighted
August 17, 2026
ITEM TITLE: Public Improvement Contracts with Performance, Payment,
and Maintenance Bonds
SUMMARY: Black Hawk Roof Company, Inc. for the Municipal Services
Center Roof Replacement Project; Gansen Excavating, Inc.
for Historic Millwork Outdoor Community Space Parking;
Globalcom Technologies for City Facility Security Upgrade -
City Hall Acre-Feenics Installation.
SUGGUESTED Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
1. 26_08_05 MSC Roof and HVAC Replacement Public Improvement Contract
2. 26_08_07 Request to Sign Contract Millwork Outdoor Community Spac
3. 26_08_06 Globalcom City Hall Feenics Installation
SECTION 00500
Page 1 of 7
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
THIS IMPROVEMENT CONTRACT (the Contract), dated for reference purposes the 4th day of
August , 2026 between the City of Dubuque, Iowa, by its City Manager, through
authority conferred upon the City Manager by its City Council (City), and
Black Hawk Roof Company Inc. (Contractor).
For and in consideration of the mutual covenants herein contained, the parties hereto agree as
follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for the Municipal
Services Center Roof Replacement (Project).
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following, as applicable:
1. Project Title Page (Section 00100)
2. Project Directory Page (Section 00101)
3. This Public Improvement Contract (Section 00500)
4. Performance, Payment, and Maintenance Bond (00600)
5. Out -of -State Contractor Bond (00610)
6. Other Bonds:
a. (Bond Name) (pages —to _ , inclusive).
b. (Bond Name) (pages _ to _ , inclusive).
C. (Bond Name) (pages —to—, inclusive).
7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2023 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2023 Edition.
9. Other Standard and Supplementary Specifications as listed on the Title Page of the
Project Contract Document Manual.
10. Special Provisions included in the project Contract Document Manual.
11. Drawings —All pages or drawings consisting of sheets bearing the following general
title:
Municipal Services Center Roof Replacement
12.Addenda (numbers —to—, inclusive).
13. Insurance Provisions and Requirements (Section 00700)
14. Sales Tax Exemption Certificate (Section 00750)
15. Site Condition Information (00775)
16. Construction Schedule and Agreed Cost of Delay (Section 00800)
17. Consent Decree (Section 01000)
SECTION 00500
Page 2 of 7
18.Other Project Information and Permits
19. Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages to inclusive).
b. Bidder Status Form (Section 00460)
c. The following documentation that must be submitted by Contractor prior to Notice
of Award:
i. Contractor Background Information Form (Section 00470)
20.The following which may be delivered or issued on or after the Effective Date of the
Agreement:
a. Notice to Proceed (Section 00850)
b. Project Certification Page (Section 00102)
c. Change Orders (not attached to this Contract)
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
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
SECTION 00500
Page 3 of 7
only to the extent caused in whole or in part by negligent acts or omissions of the
Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed
by the Contractor or the Contractor's subcontractor or anyone for whose acts the
Contractor or the Contractor's subcontractor may be liable, regardless of whether or
not such claim, damage, loss or expense is caused in part by a party indemnified
hereunder.
b. The Contractor shall also be liable to the City for any damage to City property arising
out of or related to the Contractor's negligent performance of the Contract.
10. The Contractor hereby represents and guarantees that it has not, nor has any other person
for or in its behalf, directly or indirectly, entered into any arrangement or contract with any
other bidder, or with any public officer, whereby it has paid or is to pay any other bidder or
public officer any sum of money or anything of value whatever in order to obtain this Contract;
and it has not, nor has another person for or in its behalf directly or indirectly, entered into
any contractor arrangement with any other person, firm, corporation, or association which
tends to or does lessen or destroy free competition in the award of this Contract and agrees
that in case it hereafter be established that such representations or guarantees, or any of
them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but
in no event less than 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 a period of two (2) years.
13. The City may terminate this Contract with or without cause upon sixty (60) days' written notice
delivered to the Contractor.
14. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction
and venue for any action arising out of or related to this Contract shall be in the Iowa District
Court for Dubuque County.
15. Counterparts and Electronic Signatures. This Contract may be executed in counterparts,
each of which shall constitute an original, and all of which together shall constitute one and
the same document. This Contract may be executed by the parties and transmitted by
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.
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
SECTION 00500
Page 4 of 7
obligations under this Contract, including but not limited to the laws outlined in Exhibit D,
and hereby represents and warrants that Contractor is in compliance with the same as
of the Effective date and further represents that during the Term Contractor will remain
in compliance. Contractor shall require all contractors and subcontractors providing
services under this Contract shall also certify compliance with this Section.
B. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of
1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C.
1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection
Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and
107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and
Department of Labor Regulations (29 CFR, Part 5).
C. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally assisted programs of the Department of Transportation issued pursuant to
such Act, hereby notifies all bidders that it will affirmatively insure that in any contract
entered into pursuant to this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or disability
in consideration for an award.
D. When Applicable:
Contractor further represents and warrants that Contractor has obtained all necessary
business permits and licenses that may be required to carry out the obligations pursuant
to this Contract, including any permits and licenses that might be required by the state
or locality in which Contractor performs the Services, and Contractor agrees to maintain,
at Contractor's sole expense, such required permits and licenses for the duration of the
term(s) of this Contract.
19. Federally Assisted Project.
Is this project funded fully or in part with federal funds?
❑ Yes (if yes, provision a. and b. below apply)
❑x No
a. The City and the Contractor agree to comply with all provisions of the Davis -Bacon
Federal Prevailing Wage Act, 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).
SECTION 00500
Page 5 of 7
CONSENT DECREE
RELATING TO THE PROJECT
20. ❑ THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS
SECTION ARE APPLICABLE.
CITY CONTRACTOR
j THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
The City has entered into a Consent Decree in the case of The United States of America, and the State
of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action
Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern
District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its
officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and
corporations under contract with the City to perform the obligations of the Consent Decree.
The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to
perform work required by the Consent Decree.
A copy of the Consent Decree is included in the Contract Documents and can be viewed at
http://www.cityofdubugue.org/DocumentCenter/Home/View/3173. A hard copy is available upon
request at the City's Engineering Department Office.
The City must condition any contract to perform work required under the Consent Decree upon
performance of the work in conformity with the provisions of the Consent Decree.
The Consent Decree also provides that until five (5) years after the termination of the Consent Decree,
the City must retain, and must instruct its contractors and agents to preserve, all non -identical copies of
all documents, reports, data, records, or other information (including documents, records, or other
information in electronic form) in its or its contractors' or agents' possession or control, or that come into
its or its contractors' or agents' possession or control, and that relate in any manner to the City's
performance of its obligations under this Consent Decree, including any underlying research and
analytical data. This information -retention period, upon request by the United States or the State, the
City must provide copies of any documents, reports, analytical data, or other information required to be
maintained under the Consent Decree. At the conclusion of the information -retention period, the City
must notify the United States and the State at least ninety (90) Days prior to the destruction of any
documents, records, or other information subject to such requirements and, upon request by the United
States or the State, the City must deliver any such documents, records, or other information to the EPA
or IDNR.
SECTION 00500
Page 6 of 7
CERTIFICATION BY CONTRACTOR
The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor,
certifies to the City of Dubuque as follows:
I have received a copy of the Consent Decree in the case of The United States of
America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number
Case 2:1 1-cv-0101 1-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-
5-1-1-09339, United States District Court for the Northern District of Iowa.
2. All work performed will be in conformity with the provisions of the Consent Decree.
3. All documents reports, data, records, or other information (including documents,
records, or other information in electronic form) that relate in any manner to the
performance of obligations under the Consent Decree, including any underlying
research and analytical data, will be retained as required by the Consent Decree.
4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers,
agents, or employees from and against any claims, including penalties, costs and
fees as provided in the Consent Decree, relating to or arising out of the Contractor's
failure to comply with the Consent Decree.
CONTRACTOR:
Black Hawk Roof Company Inc.
Contractor
Signature
Mike Kerker
Printed Name
Sr Project Manager
Title
8/4/26
Date
SECTION 00500
Page 7 of 7
THE CITY AGREES:
21. Upon the completion of the Contract, and the acceptance of the Project by the City Council,
and subject to the requirements of law, the City agrees to pay the Contractor as full
compensation for the complete performance of this Contract, the amount determined for
the total work completed at the price(s) stated in the Contractor's Bid Proposal and less
any Agreed Cost of Delay provided for in the Contract Documents.
CONTRACT AMOUNT $ 2,827,000.00
CITY OF DUBUQUE, IOWA:
City Manager's Office
De artment ) �,
By:
Si nature
Michael Van Milligen
Printed Name
City Manager
Title
08/05/2026
Date
CONTRACTOR:
Black Hawk Roof Company Inc.
Contractor
By: -)/)� 1�101111e�
Signature
Mike Kerker
Printed Name
Sr Project Manager
Title
8/4/26
Date
®40I1Z*];+9x01f[*]z[1111XIIIJ=
[Page Intentionally Left Blank]
BOND NUMBER: 101956302
SECTION 00600
Page 1 of 5
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, Black Hawk Roof Company Inc. 2843 Geraldine Rd, Waterloo IA 50703 , as
Principal (hereinafter the "Contractor" or "Principal") and Merchants Bonding Company_(Mutual) - A Corporation
6700 Westown Parkway West Des Moines IA 50266 , 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
Two Million Eight Hundred Twenty Seven Thousand Dollars and Zero Cents dollars
($ 2,827,000.00 ), lawful money of the United States, for the payment of which sum,
well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly
or severally, firmly by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a
contract with the Owner, bearing date the 21 st day of July , 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 Municipal
Services Center Roof Replacement Project detail the following described improvements:
The project consists of a full roof tear off down to the existing roof deck, and the installation of new
roof insulation, cover board, and single ply roofing membrane on the roof areas identified in the
Contract Documents. Existing metal counterflashings and mechanical curb flashings will be
removed and replaced. Existing roof edge fasica will be removed and reinstalled. In addition,
existing mechanical units will be removed and replaced, and new mechanical units will be placed
on the roof above the maintenance bay to provide cooling for that space.
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.
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
SECTION 00600
Page 2 of 5
given, including but not limited to claims for all amounts due for labor, materials, lubricants,
oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the
Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the
contract price the Owner is required to retain until completion of the improvement, but the
Contractor and Surety shall not be liable to said persons, firms, or corporations unless the
claims of said claimants against said portion of the contract price shall have been
established as provided by law. The Contractor and Surety hereby bind themselves to the
obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this
reference is made a part hereof as though fully set out herein.
MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own
expense:
A. To remedy any and all defects that may develop in or result from work to be
performed under the Contract Documents within the period of two (2) year(s) from the
date of acceptance of the work under the Contract, by reason of defects in
workmanship, equipment installed, or materials used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any
defects are remedied, and to repay the Owner all outlay and expense incurred as a
result of Contractor's and Surety's failure to remedy any defect as required by this
section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepted.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
A. To consent without notice to any extension of time authorized in approved change
orders to the Contractor in which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,
authorized in approved change orders which thereby increases the total contract price
and the penal sum of this Bond, provided that all such changes do not, in the
aggregate, involve an increase of more than twenty percent (20%) of the total contract
price, and that this Bond shall then be released as to such excess increase;
C. To consent without notice that this Bond shall remain in full force and effect until the
Contract is completed, whether completed within the specified contract period, within
an extension thereof, or within a period of time after the contract period has elapsed
and the liquidated damage penalty is being charged against the Contractor.
SECTION 00600
Page 3 of 5
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
D. That no provision of this Bond or of any other contract shall be valid that limits to less
than five (5) years after the acceptance of the work under the Contract the right to sue
on this Bond.
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any
way, but shall include the actual and reasonable costs and expenses incurred by the
Owner including interest, benefits, and overhead where applicable. Accordingly, "all
outlay and expense" would include but not be limited to all contract or employee
expense, all equipment usage or rental, materials, testing, outside experts, attorney's
fees (including overhead expenses of the Owner's staff attorneys), and all costs and
expenses of litigation as they are incurred by the Owner. It is intended the Contractor
and Surety will defend and indemnify the Owner on all claims made against the
Owner on account of Contractor's failure to perform as required in the Contract and
Contract Documents, that all agreements and promises set forth in the Contract and
Contract Documents, in approved change orders, and in this Bond will be fulfilled, and
that the Owner will be fully indemnified so that it will be put into the position it would
have been in had the Contract been performed in the first instance as required.
In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to
which the Contractor or Surety should have provided the defense, or in the enforcement of the
promises given by the Contractor in the Contract, Contract Documents, or approved change
orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the
Contractor and Surety agree that they will make the Owner whole for all such outlay and expense,
provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five
percent (125%) of the penal sum of this Bond.
In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that
the venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner
to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of
the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay
and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner
hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and
remedies given to the Owner, by law. The Owner may proceed against surety for any amount
guaranteed hereunder whether action is brought against the Contractor or whether Contractor is
joined in any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully
perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract
Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in
full force and effect.
SECTION 00600
Page 4of5
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. 2500603 Municipal Services Center Roof Replacement
Witness our hands, in
E
icate, this 26th day of Ju
Chelsea Salger "
Printed Name of Agent
5500 Fountains Dr NE Suite 201
Company Address
Cedar Rapids, IA 52411
City, State, Zip Code
319-365-8611
Company Telephone Number
PRINCIPAL:
Black Hawk Roof Company Inc.
Contractor n
By: Cam/{/
Signature
Alf -
Printed Name
NOTE:
2026.
Title
FO APPROVEjD�BY:
v
Repr sentative for Owner
SURETY:
Merchants Bonding Company (Mutua )
Surety C4"�
By: _
Signature Attorney -in -Fact Officer
Rachel Franks
Printed Name of Attorney -in -Fact Officer
Merchants Bonding Company (Mutual)
Company Name
A Corporation - 6700 Westown Parkway
Company Address
West Des Moines IA 50266
City, State, Zip Code
800-678-8171
Company Telephone Number
All signatures on this performance, payment, and maintenance Bond must be original
signatures in ink; copies, facsimile, or electronic signatures will not be accepted.
2. This Bond must be sealed with the Surety's raised, embossing seal.
SECTION 00600
Page 5 of 5
3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond
must be exactly as listed on the Certificate or Power of Attorney accompanying this
Bond.
___= END OF SECTION 00600
MERCHANTS
BONDING COMPANY
POWER OF ATTORNEY
Know All 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,
Andrew J Scanlon; Ashley Jacobsen; Cassandra J Daley; Chandler Lamm; Glenda R Tibben; Kassonia Docker; Kevin S Mease; Lori A Frerichs;
Megan Kuker; Rachel Franks
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons,
guaranteeing the 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 -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the 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 o 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 16th day of September , 2025
MERCHANTS BONDING COMPANY (MUTUAL)
.�p%NGCp,�•, '2�ONAI ••,
.•�p1ALINpF•�
MERCHANTS NATIONAL BONDING, INC.
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MERCHANTS NATIONAL INDEMNITY COMPANY
::;�
d 1933 :' �' v`' 2003By
. .........
' Z'•, %D :
v%��
STATE OF IOWA
COUNTY OF DALLAS ss.
On this 16th day of September 2025 , 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.
,LPRiA�S Penni Miller
Z Commission Number 787952
• • My Commission Expires
fowA 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 PG%(VER-OF-
ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 26th day of July .2026 -
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POA 0018 (5/25)
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
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
Sanitary Sewers
Fire Protection
Sheet Metal
Fireproofing
Site Utilities
General Contractors
Shoring
HVAC
Special Construction
Mechanical
Steel
Paving & Surfacing
Storm Sewers
Piles & Caissons
Structural Steel
Plumbing
Trails
Retaining Walls
Tunneling
Reinforcement
Water Main
Roofing
Landscaping
Rough Carpentry
Masonry
Stump Grinding
Painting & Wall Covering
Tank Coating
Pest Control
Tree Removal
Scaffolding
Tree Trimming
Sidewalks
Tuckpointing
Plastering
Vehicular Snow Removal
Waterproofing
Well Drilling
General Cleaning Power Washing
Grass Cutting Tile & Terrazzo Flooring
Janitorial Window Washing
Non -Vehicular Snow & Ice Removal
Office Furnishings
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# CIP5429900021 Project Name: Municipal Services Center Roof Replacement or
Project Location at 925 Kerper Ct, Dubuque, IA 52001 or construction of
Municipal Services Center Roof Replacement. _
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: Public works
Dubuque, IA 52001
Department, City of Dubuque, 925 Kerper Ct
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.
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
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub -Subcontractors
CITY OF DUBUQUE INSURANCE SCHEDULE F
(continued)
Policy shall include Waiver of Right to Recover from Others Endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by Iowa Code Section 85.1A, the lessee, licensee, or permittee is not required to purchase Workers'
Compensation Insurance, the lessee, licensee, or permittee shall have a copy of the State's Nonelection of
Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation
Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached.
C. AUTOMOBILE LIABILITY
Combined Single Limit
$1,000,000
Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not
own any vehicles, coverage is required on non -owned and hired vehicles.
1) Policy shall include Waiver of Right to Recovery from Others Endorsement.
D. UMBRELLA/EXCESS LIABILITY
Umbrella liability coverage must be at least following form with the underlying policies included herein.
All Class A contractors with contract values in excess of $10,000,000 must have umbrella/excess liability
coverage of $10,000,000.
All Class A and Class B contractors with contract values between $500,000 and $10,000,000 must have
umbrella/excess liability coverage of $3,000,000.
All Class A and Class B contractors with contract values less than $500,000 must have umbrella/excess
liability coverage of $1,000,000.
All Class C contractors are not required to have umbrella/excess liability coverage.
All contractors performing earth work must have a minimum of $3,000,000 umbrella regardless of the
contract value.
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub -Subcontractors
CITY OF DUBUQUE INSURANCE SCHEDULE F
(continued)
E. POLLUTION LIABILITY
Coverage Required
Yes 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
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)
SECTION 00750
Page 1 of 5
SALES AND USE TAX EXEMPTION CERTIFICATE
SECTION 00750
The City of Dubuque, as a designated exempt entity awarding construction contracts, will issue
special exemption certificates to contractors and subcontractors, allowing them to purchase, or
withdraw from inventory, materials for the Contract free from sales tax pursuant to Iowa Code
Sections: 422.42 (15) & (16), and 422.47 (5). The special exemption certificate will also allow a
manufacturer of building materials to consume materials in the performance of a construction
contract without owing tax on the fabricated cost of those materials.
1. These tax exemption certificates and authorization letters are applicable only for the
work under the contract. The Contractor and each subcontractor shall comply with said
Iowa Code Sales Tax requirements, shall keep records identifying the materials and
supplies purchased and verify that they were used on the contract, and shall pay tax on
any materials purchased tax-free and not used on the contract.
2. Upon award of Contract the City will register the Contract, Contractor, and each
subcontractor with the Iowa Department of Revenue and Finance; and distribute tax
exemption certificates and authorization letters to the Contractor and each
subcontractor.
SECTION 00750
Page 2 of 5
PROJECT INFORMATION REQUIREMENTS FOR
STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES
FOR CONTRACTORS & SUBCONTRACTORS
Submitting Department: Public Works Department
Department Contact: Max O'Brien
Project CIP Number(s): 5429900021
Please complete this form in its entirety and submit along with the executed Contract, Bonds and
Certificate of Insurance. Upon receipt, the City Finance Department will work with the Iowa
Department of Revenue to issue Sales Tax Exemption Certificates to the approved contractor(s) to
allow for the purchase or inventory withdrawal of materials for the specified Project free from State
of Iowa Sales Tax.
Sales tax exemption certificates are not provided to material suppliers.
The Contractor and subcontractors can provide copies of the sales tax exemption certificates issued by the
City to individual material suppliers.
Project Name: Municipal Services Center Roof Replacement
Project
Project Description: In general, the Project consists of a full roof tear
off down to the existing roof deck, and the
installation of roof insulation, cover board, and
single ply roofing membrane on the roof areas
identified in the Contract Documents. Existing
metal counterflashings, mechanical curb
flashings, roof edge fascia, and overflow
scuppers will be removed and replaced. Existing
mechanical units will be removed and replaced,
and new mechanical units will be added on the
roof above the Maintenance Bay to provide
cooling for that space. Additional mechanical
work includes gas detection system and controls,
and destratification fans added to the
Maintenance Bay, locker room exhaust rework,
and an exhaust snorkel and fan added in the Sign
Shop. Minor work to existing ductwork, electrical,
fire alarm, sprinkler lines, and controls is
anticipated.
SECTION 00750
Page 3 of 5
Start Date (Bid Opening Date): July 9, 2026
Final Completion Date: February 5, 2027
1. General Prime Contractor:
Black Hawk Roof Company Inc.
Contact Name:
Mike Kerker
Complete Address:
(Include PO Box and Street Information)
2843 Geraldine Rd
City, State, Zip Code
Waterloo IA 50703
Telephone Number:
319-277-9355
Federal I.D. Number:
(or Include Social Security Number)
42-1405570
Work Type to be Completed:
Roofing and Sheet Metal
2.
Subcontractor:
Giese Sheet Metal Co Inc
Complete Address:
(Include PO Box and Street Information)
2125 Kerper Blvd
City, State, Zip Code
Dubuque, IA
Telephone Number:
52001
Federal I.D. Number:
(or Include Social Security Number)
563-690-4461
42-0869875
Work Type to be Completed:
HVAC
3.
Subcontractor:
Paulson Electric
Complete Address:
(Include PO Box and Street Information)
685 Century Drive
City, State, Zip Code
Dubu ue IA 52002
Telephone Number:
563-588-2373
Federal I.D. Number:
(or Include Social Security Number)
42-0936422
Work Type to be Completed:
[Electric
4.
Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
[Page Intentionally Left Blank]
SECTION 00775
Page 1 of 2
SITE CONDITION INFORMATION
SECTION 00775
250.1 SUBSURFACE CONDITIONS — NOT APPLICABLE
In the preparation of the Contract Documents, the Engineer relied upon the following report(s)
and drawing(s) of explorations and tests of subsurface conditions at the Site:
1) Geotechnical Engineering Report prepared by
Title:
Date:
Pages: 1 -
The technical data in the above report(s), upon which the Contractor may rely, consists
of boring logs, test results, and boring locations all as of the date made. Engineer
accepts no responsibility for accuracy of the soil data or water level information. Soil
information, included with these Contract Documents, was not obtained for the
purposes of designing excavations and trenches. Soil information was used by
Engineer for design purposes only. Contractor shall assure itself by personal
examination as to subsurface conditions and shall provide its own investigations and
make its own assumptions to comply with OSHA and any other applicable laws and
regulations regarding excavation and trenching requirements.
250.2 PHYSICAL CONDITIONS — NOT APPLICABLE
In the preparation of the Contract Documents, the Engineer relied upon the following
drawing(s) of physical conditions in or relating to existing surface and subsurface structures
(except underground facilities) which are at or contiguous to the Site:
1) Drawings prepared by
Title:
Date:
Pages: 1 -
2) Sanborn Fire Insurance Map:
NONE OF THE CONTENT OF SUCH DRAWINGS INCLUDE TECHNICAL DATA ON
WHICH THE CONTRACTOR MAY RELY.
SECTION 00775
Page 2 of 2
250.3 HAZARDOUS ENVIRONMENTAL CONDITIONS — NOT APPLICABLE
In the preparation of the Contract Documents, the Engineer relied upon the following reports(s)
known to the owner of hazardous environmental conditions at the Site:
1) Phase I Environmental Site Assessment Study prepared by
Title:
Date:
2) Phase II Environmental Site Assessment Study prepared by
Title:
Date:
3) Soil and Groundwater Management Plan prepared by
Title:
Date:
The technical data in the above report(s), upon which the Contractor may rely, consists of test
results all as of the date made. Contractor must not remove, disturb or remediate any
Hazardous Environmental Conditions encountered, uncovered or revealed at the Project Area,
unless such removal or remediation is expressly identified in the Contract Documents to be
within the scope of work.
___= END OF SECTION 00775 =___
SECTION 00800
Page 1 of 2
CONSTRUCTION SCHEDULE AND AGREED COSTS OF DELAY
SECTION 00800
800.1 SCHEDULE:
CALENDAR DAY SCHEDULE:
Work required by the Contract Documents shall commence within ten (10) calendar
days after Notice to Proceed has been issued and shall be Substantially Complete by
January 8, 2027 and Finally Complete by February 5, 2027.
800.2 AGREED COSTS OF DELAY:
Time is of the essence of the Contract. As delay in the diligent prosecution of the work may
inconvenience the public, obstruct traffic, interfere with business, and/or increase costs to the
City such as engineering, administration, and inspection, it is important that the work be
prosecuted vigorously to final completion.
An extension of the contract period may be granted by the City for any of the following reasons:
1. Additional work resulting from a modification of the Contract Documents by approved
change order.
2. Delays caused by the City.
3. Other reasons beyond the control of the Contractor, which in the City's opinion, would
justify such.
Should the Contractor, or in case of default the Surety, fail to complete the work within the
specified Substantial and Final Completion Dates, a deduction at the daily rate for agreed costs
of delay will be made for each and every calendar day or working day, whichever is specified,
such that the work remains uncompleted. The Contractor or the Contractor's Surety shall be
responsible for all costs incidental to the completion of the work, and shall be required to pay
the City the following daily costs:
A. For each calendar day that any work remains uncompleted beyond the Final Completion
date the contractor will be assessed and shall pay, $750.00 per calendar, not as a penalty
but as predetermined and Agreed Cost of Delay until Final Completion requirements are
met.
Permitting the Contractor to continue and finish the Work, or any part of it, after the expiration
of the Substantial and Final Completion date or extension thereof shall in no way operate as
a waiver on the part of the City of any of its rights or remedies under the contract, including
its right to Agreed Cost of Delay pursuant to this provision. Furthermore, the assessment of
Agreed Cost of Delay shall not constitute a waiver of the City's right to collect any additional
damages which the City may sustain by failure of the Contractor to carry out the terms of the
Contract.
SECTION 00800
Page 2 of 2
The Agreed Cost of Delay rates specified in the Contract Documents is hereby agreed upon as
the true and actual damages due the City for loss to the City and to the public due to obstruction
of traffic, interference with business, and/or increased costs to the City such as engineering,
administration, construction, and inspection after the expiration of the contract times, or
extension thereof. Such Agreed Cost of Delay will be separately invoiced to the Contractor, and
final payment will be withheld from the Contractor until payment has been made of this invoice
for the agreed cost of delay. The Contractor and its surety shall be liable for any agreed cost of
delay in excess of the amount due the Contractor.
___= END OF SECTION 00800 =___
SECTION 00900
Page 1 of 1
EROSION CONTROL CERTIFICATION — Not Applicable
SECTION 00900
Dated:
City: DUBUQUE IOWA
Address:
Project: Municipal Services Center Roof Replacement
Contract No.
Description:
I certify under penalty of law that I understand the terms and conditions of the National Pollutant
Discharge Elimination System (NPDES) Permit that authorizes the storm water discharges
associated with industrial activities from the construction site and as detailed in the Contract
Documents. Further, by my signature, I understand that I am becoming a co-permittee, along with
the owner(s) and other contractors and subcontractors signing such certifications, to the Iowa
Department of Natural Resources NPDES General Permit No. 2 for "Storm Water Discharge
Associated with Industrial Activity for Construction Activities" at the project site. As a co-
permittee, I understand that I, and my company, are legally required under the Clean Water Act
and the Code of Iowa, to ensure compliance with the terms and conditions of the storm water
pollution prevention plan developed under this NPDES permit and the terms of this NPDES
permit.
I agree to indemnify and hold the City harmless from any claims, demands, suits, causes of
action, settlements, fines, or judgments and costs of litigation, including, but not limited to,
reasonable attorney's fees and costs of investigation and arising from a condition, obligation, or
requirement assumed or to be performed by the Contractor for storm water pollution and erosion
control.
Fines and other costs incurred against the City for the Contractor's failure to provide the required
erosion control practices will be paid by the Contractor.
Contractor: Black Hawk Roof Company Inc.
in
(Authorized Signature)
Sr Project Manager
(Title)
= END OF SECTION 00900
[Page Intentionally Left Blank]
NOT APPLICABLE SECTION 010�'0
Page 1 f 2
CONSENT DECREE
RELATING TO THE
CITY OF DUBUQUE, IOWA
WATER POLLUTION CONTROL PLANT
AND
SEWER COLLECTION SYSTEM
NO CONTRACTOR CONSULTANT MAY PERFORM ANY WO FOR THE CITY OF
DUBUQUE RELATED THE WATER POLLUTION CONTROL LANT OR THE SEWER
COLLECTION SYSTEM LESS A SIGNED COPY OF THIS DO MENT IS RETURNED TO
THE CITY OF DUBUQUE ENGINEERING DEPARTMENT
The City of Dubuque, Iowa has ente (
and the State of Iowa v. The City of Du
Number 2008V00041, DOJ Case Nun
District of Iowa. The provisions of the (
directors, employees, agents, servants,
contract with the City to perform the oI
into a Consent Decree in the ase of The United States of America,
xque, Iowa, Civil Action N . Case 2:11-cv-01011-EMJ, Civil Action
r 90-5-1-1-09339, Uri d States District Court for the Northern
)n nt Decree apply to d are binding upon the City and its officers,
succ sors, assigns, nd all persons, firms and corporations under
igation of the Co ent Decree.
The City is required to provide a copy of the Con Decree to any contractor or consultant retained to
perform work required by the Consent Decree.
A copy of the Consent Decree can be found at \
https://www.cilyofdubuque.org/DocumentCerit6rNiew/455
A paper copy is available upon request.
-2?bidId=
The City must condition any contract to erform work required un r the Consent Decree upon performance
of the work in conformity with the pr isions of the Consent Decree.
The Consent Decree also provide that until five years after the terminate of the Consent Decree, the City
shall retain, and shall instruct it contractors and agents to preserve, all non-i entical copies of all documents,
reports, data, records, or othe information (including documents, records, or Cher information in electronic
form) i/Deee
its contract s' or agents' possession or control, or that come i to its or its contractors' or
agents' sion or co ol, and that relate in any manner to the City's perform a e of its obligations under
this CoDecree, ' cluding any underlying research and analytical data. Th information -retention
requireall ap y regardless of any contrary City, corporate or institutional poll 'es or procedures. At
any timg t 's information -retention period, upon request by the United States o the State, the City
shall pro 'es of any documents, reports, analytical data, or other information require to be maintained
under tent Decree. At the conclusion of the information -retention period, the City all notify the
United and the State at least ninety (90) Days prior to the destruction of any document records, or
other inion subject to such requirements and, upon request by the United States or the Sta , the City
shall deny such documents, records, or other information to the EPA or IDNR.
SECTION 01000
Page 2 of 2 NOT APPLICABLE
Certification by Contractor or Consultant
The under ' ned, on behalf of the Contractor or Consultant, with full authority to act o ehalf of the
Contractor o onsultant, certifies to the City of Dubuque as follows:
1. I have receive copy of the Consent Decree in the case of The United States of Am ica, and the State of
Iowa v. The City Dubuque, Iowa, Civil Action No. Case 2:11-cv-01011-EMJ Civil Action Number
2008V00041, DOJ C e Number 90-5-1-1-09339, United States District Court fo the Northern District of
Iowa.
2. All work performed will N in conformity with the provisions of the Consyfit Decree.
3. All documents, reports, data, records, or other information (incl innceg documents, records, or other
information in electronic form) tha elate in any manner to the perfo of obligations under the Consent
Decree, including any underlying re arch and analytical data, wil e retained as required by the Consent
Decree.
The Contractor or Consultant agrees to defe d, indemnify, an hold harmless the City, its officers, agents, or
employees from and against any claims, inclu g penalties osts and fees as provided in the Consent Decree,
relating to or arising out of the Contractor's or Nnsultan s failure to comply with the Consent Decree.
Contractor or Consultant:
Its
Date
Return signed copy to:
Maxwell O'Brien,
Public Works D artment
50 W 131h Stre
Dubuque,I 52001
mobrien ityofdubuque.org
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: August 7, 2026
Dubuque
All -America ClW
2007-2012.2013
2017*2019
RE: Request to Sign Contract — Historic Millwork Outdoor Community
Space Parking Project
Attached is the short Form Public Improvement Contract between the City of
Dubuque and Gansen Excavating of Dubuque, IA for the Historic Millwork Outdoor
Community Space Parking Project.
The city received three bids for the project and are as follows:
Gansen Excavating
$36,050.00
Offset Construction
$38,412.00
Smith Dirt Works
$41,843.90
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.
Dubuque
THE CITY OF
DUB E
1I11I.'
Masterpiece on the Mississippi
2007.2012.2013
z0i7*zoi9
City of Dubuque
Engineering
Department
(address)
Dubuque, IA 52001
Phone # 563-589-4270
CITY OF DUBUQUE, IOWA
SHORT FORM
PUBLIC IMPROVEMENT CONTRACT
PROJECTS ESTIMATED AT LESS THAN $100,000.00
Check Appropriate Box
❑ Estimate under $25,000.00
I] 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
Gansen Excavating, Inc (Contractor) at
(Contractor Name) n n /
12198 Skyline Rd ,Dubuque, IA 52003 �,/ p�L &/
(Contractor's Address - City(And
PROJECT TITLE: Historic Millwork Outdoor Community Space Parking
(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 eauipment and to perform all labor necessary for:
Millwork parking lot demo, grading and site preparation for irrigation and sodding, to be completed by others.
Work shall be completed to project bid specifications.
The work described above shall be completed at the following location(s):
SW corner of E 10th St. and Elm 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:
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?
O 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.
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.
8. The Contractor shall fully complete the Project under this Contract on or before
September 11, 2026
(DATE)
9. Indemnification from Third Party Claims; Liability for City Damage.
A. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless
City, its officers and employees, from and against all claims, damages, losses and expenses
claimed by third parties, but not including any claims, damages, losses or expenses of the
parties to this Contract, including but not limited to attorneys' fees, arising out of or resulting
from performance of this Contract, provided that such claim, damages, loss or expense is
attributable to bodily injury, sickness, disease or death, or injury to or destruction of property,
including loss of use resulting therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of Contractor, or anyone directly or indirectly employed by
Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not
such claim, damage, loss or expense is caused in part by a party indemnified hereunder.
B. The Contractor shall also be liable to the City for any damage to City property arising out of
or related to the Contractor's negligent performance of the Contract.
10. Prior to the commencement of any work on the Project and at all times during the performance
of this Contract, the Contractor shall provide evidence of insurance which meets the
requirements of the City's Insurance Schedule F attached to this Contract as Exhibit C.
11. Permits and Licenses. Contractor further represents and warrants that Contractor will obtain all
necessary business permits and licenses that may be required to carry out the obligations
pursuant to this Contract, including any permits and licenses that might be required by the state
or locality in which Contractor performs the Services, and Contractor agrees to maintain, at
Contractor's sole expense, such required permits and licenses for the duration of the term(s) of
this Contract.
12. Legal Compliance. Contractor is responsible for compliance with all applicable laws, statutes,
rules, regulations, and ordinances which may apply to the performance of Contractor's
obligations under this Contract, including but not limited to the laws outlined in Exhibit _, 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.
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.
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: $ 36,050,00
CITY OF DUBUQUE, IOWA
By: J—LAA4.�-k
CONTRACTOR:
08/09/2026 Gansen Excavating, Inc
Date Company Name
By: Richard Gansen D1g1e1ys6.0807 R'°°a'dG5'OC' 8/7/2026
Dale; 2028.08.0714:oB:D7 -os'oo'
Signature Date
Richard Gansen
Printed Name
President
Title
0
Bond No.
101966572
EXHIBIT B
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOW ALL BY THESE PRESENTS:
That we, Gansen Excavating Inc I as Principal
(hereinafter the "Contractor" or "Principal") and Merchants Bonding Company (Mutual)
, 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
Thirty-six thousand and fifty dollars
($ 36,050 ), 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 obi'ions are such at whe e s said Contractor entered into a contract with
the Owner, bearing date the __ day of r , 20� (hereinafter the "Contract")
wherein said Contractor undertakes and agrees to cbhstruct 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
Historic Millwork Outdoor Community Space Parking Project detail the
following described improvements:
INSERT PROJECT DESCRIPTION
(Use description from Notice to Bidders)
It is expressly understood and agreed by the Contractor and Surety in this Bond that the following provisions
are a part of this Bond and are binding upon said Contractor and Surety, to -wit:
1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each
and every covenant, condition, and part of said Contract and Contract Documents, by reference made
a part hereof, for the project, and shall indemnify and save harmless the Owner from all outlay and
expense incurred by the Owner by reason of the Contractor's default of failure to perform as required.
The Contractor shall also be responsible for the default or failure to perform as required under the
Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees
furnishing materials or providing labor in the performance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing
labor in the performance of the Contract on account of which this Bond is given, including but not
limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on
machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein
the same are not satisfied out of the portion of the contract price the Owner is required to retain until
completion of the improvement, but the Contractor and Surety shall not be liable to said persons,
firms, or corporations unless the claims of said claimants against said portion of the contract price
shall have been established as provided by law. The Contractor and Surety hereby bind themselves
to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference
is made a part hereof as though fully set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense:
A. To remedy any and all defects that may develop in or result from work to be performed under
the Contract Documents within the period of two (2) year(s) from the date of acceptance of the
work under the Contract, by reason of defects in workmanship, equipment installed, or materials
used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any defects
are remedied, and to repay the Owner all outlay and expense incurred as a result of Contractor's
and Surety's failure to remedy any defect as required by this section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or materials not
discovered or known to the Owner at the time such work was accepted.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary
notwithstanding, to the following provisions:
A. To consent without notice to any extension of time authorized in approved change orders to the
Contractor in which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents, authorized in
approved change orders which thereby increases the total contract price and the penal sum of
this Bond, provided that all such changes do not, in the aggregate, involve an increase of more
than twenty percent (20%) of the total contract price, and that this Bond shall then be released
as to such excess increase;
C. To consent without notice that this Bond shall remain in full force and effect until the Contract is
completed, whether completed within the specified contract period, within an extension thereof,
or within a period of time after the contract period has elapsed and the 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
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.
Witness our hands, this day of , 2oZ,�
SURETY COUNTERSIGNED BY: PRINCIPAL:
Gansen Excavating Inc
Signature of Agent Contract
By r
Printed Name of Agent T nature
Company Address Printed Name
(a U4A��
City, State, Zip Code Title
APPROVE�J BY:
Company Telephone Number F
Representative for Owner
SURETY:
Merchants Bonding Company (Mutual)
Surety Coinpan
k...
By'
Signature Attorney -In -Fact Officer
Kim Hess
Printed Name of Attorney -in -Fact Officer
Tricor
Company Name
600 Star Brewery Drive Ste 110
Company Address
Dubuque, Iowa 52001
City, State, Zip Code
563-556-5441
Company Telephone Number
NOTE:
All signatures on this performance, payment, and maintenance Bond must be
original signatures in ink; copies, facsimile, or electronic signatures will not be
accepted.
2. This Bond must be sealed with the Surety's raised, embossing seal.
3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this
Bond must be exactly as listed on the Certificate or Power of Attorney accompanying
this Bond.
MERCHANTS
BONDING COMPANY,
POWER OF ATTORNEY
Know All 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 "Componiea") do hereby make, constitute and appoint, individually,
Kim Hess
their true and lawful Atlomey(s}lrh-Fact, to sign Its name as surely(les) 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 or 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 -In -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of Indemnity and other writings obligatory In the nature thereof."
"The signature of any authorized otioer 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 seat 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
Attomey-In-Fact Includes any and all consents forthe 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 Attomeydn-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 seated this 7th day of August , 2026 .
,....
.�Oliecou', ,.•t"K10Rq"'a, .+,AALlp'PD� MERCHANTS BONDING COMPANY (MUTUAL)
: O ,••••' ..... A •. .• gyp••'""'p•• �� Q4, ��ppt\O ••r0,�°•,. MERCHANTS NATIONAL BONDING, INC.
eh'4i,' .. A.E '''..O�PO'W,f W-* i i.•:VVFGkH AK. MERCHANTS NATIONAL INDEMNITY COMPANY
1933 11. 2003
STATE OF IOWA
COUNTY OF DAU
On this 7th day
said
By
7L
President
August 2026 , before me appeared Larry Taylor, tome personally known, who being by me duly swom
hf MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS
MPANY; and that the seals affixed to the foregoing Instrument are the Corporate Seats of the Companies; and that the
and sealed in behalf of the Com ranies ly
authority of their respective ards of Directors.
Pennl Miller I
Commission Number 707952
My Commission Expires
IOWA January20,2027
(Expiration of notarya commission Notary Pubic
does not invalidate this Instrument)
1, 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 sold Companies,which Is still In full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 1� day of �
2003
a"06rb &
Secretary
POA 00113 (5/25)
GANSEXC-01
MSTRAKA
ACORO° CERTIFICATE OF LIABILITY INSURANCE
`....--�
DATE 12/10/202 YY)
12I1012025
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
TRICOR, LLC - Dubuque
600 Star Brewery Drive
Suite 110
NAONEACT Madison Straka
PHONE FAX
No, EXt): (608) 467.56071709 LAIC. No):
EA�lc,
ADMDRIEss• mstraka@tricorinsurance.com
Dubuque, IA 52001
INSURERS AFFORDING COVERAGE
NAIC If
INSURERA,Aculty
14164
INSURED -
INSURER B:
INSURER C :
GERBER Excavating, Inc.
Richard Gerson
12198 Skyline Rd
INSURER D :
INSURER E :
Dubuque, IA 52003
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR
TYPE OF INSURANCE
ADDL
SUER
POLICYNUMBER
POLICY EFF
POLMMIDDNYYYI ICY EXPLTR
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE IFIV-1 OCCUR
X
X
K53731
11112026
111/2627
EACH OCCURRENCE
$ 1,000,000
DAMAGE TO RENTED
PREMISES Ea o uR
100,00g
MED EXP (Any oneperson)
$ 5,000
PERSONAL &ADV INJURY
$ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY [X] LOC
GENERAL AGGREGATE
21000,000
PRODUCTS - COMPIOP AGO
$ 2,000,000
OTHER;
A
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
Ea accident
11000,000
BODILY INJURY Per men
$
X ANYAUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
X
K53731
1/1/2026
11112027
BODILY INJURY Per accident)$
Parr a acdentDAMAGE
WW
AUTOSONLY A8TNOO NEY
A
UMBRELLA LIAR
X
OCCUR
EACH OCCURRENCE
$ 5,000,000
X
EXCESS LIAB
ri
CLAIMS -MADE
K53731
11112026
1/1/2027
AGGREGATE
51000,000
DED I RETENTION$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICEPR�MEM EpwpEXCLUDEOT ECUTIVE Y�
(Mantlatcry In NH)
NIA
X
K53731
11112026
1/112027
X SEAIPTUTE OTH-
ER
E.L. EACH ACCIDENT
1,000,000
$
E.L. DISEASE - EA EMPLOYE
1,000,000
$
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.I.DISEASE - POLICY LIMIT
11000,000
A
Cargo
K53731
1/1/2026
11112027
Cargo
250,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached If more s ace Is required)
Coverage applies only to the extent provided by the policy and subject to all of the policy terms, cond�tlons, exclusions, endorsements, and all applicable
laws.
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 the general liability policy for ongoing and completed operations, on a primary and
non-contributory basis, as required by written contract. General Liability general aggregate limit applies per project. Governmental Immunities endorsement
Included. Waiver of subrogation on General Liability, Auto & Worker's Compensation. Umbrella follows form.
rFRTIFIRATF Hru DFR f:ANQFI I ATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Cityof Dubuque
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
50 W 13th Street
Dubuque, IA 52001
AUTTHHOO,RIZZEEED/D REPRESENTATIVE
-ENTATIVE
ACORD 25 (2016103) @ 19BO.2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under
the following:
BIS-PAK® COMMON POLICY CONDITIONS
The following is added to paragraph H Other Insur-
ance of the Bis-Pak® Common Policy Conditions and
supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek con-
CB-1488(7-13)
tribution from any other insurance available to an
additional insured under your policy provided that:
1. The additional insured is a Named Insured un-
der such other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be primary
and would not seek contribution from any other
insurance available to the additional insured.
CB-1488(7-13) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1
ADDITIONAL INSURED - COMPLETED OPERATIONS AUTOMATIC STATUS
WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU (OWNERS,
LESSEES OR CONTRACTORS)
This endorsement modifies insurance provided under
the following:
BIS-PAK® BUSINESS LIABILITY AND MEDICAL EX-
PENSES COVERAGE FORM
1. Who Is An Insured is amended to include as an
additional insured:
a. Any person(s) or organization(s) for whom
you have performed operations if you and
such person(s) or organization(s) have
agreed in writing in a contract or agreement
that such person(s) or organization(s) be
added as an additional insured on your poli-
cy for completed operations; and
b. Any other person(s) or organization(s) you
are required to add as an additional insured
under the contract or agreement described
in paragraph a above.
Such person or organization is an additional
insured only with respect to liability included in
the products -completed operations hazard for
bodily injury or property damage caused, in
whole or in part, by your work performed for that
additional insured at the location designated
and described in the contract or agreement.
However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional in-
sured is required by a contract or agree-
ment, the insurance afforded to such addi-
tional insured will not be broader than that
which you are required by the contract or
agreement to provide for such additional
insured.
2. The insurance does not apply to:
a. Bodily injury or property damage which oc-
curs prior to execution of the contract or
agreement described in item 1; or
CB-7245(7-13)
b. Bodily injury or property damage that occurs
after the time period during which the
contract or agreement described in item 1
requires you to add such person or or-
ganization onto your policy as an additional
insured for completed operations; or
c. Bodily injury or property damage arising out
of the rendering of, or the failure to render,
any professional, architectural, engineering
or surveying services, including:
(1) The preparing, approving or failing to
prepare or approve maps, shop draw-
ings, opinions, reports, surveys, field or-
ders, change orders or drawings and
specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims against
any insured allege negligence or other
wrongdoing in the supervision, hiring, employ-
ment, training or monitoring of others by that
insured, if the occurrence which caused the
bodily injury or property damage involved the
rendering of or the failure to render any profes-
sional services by or for you.
3. With respect to the insurance afforded to these
additional insureds, the following is added to the
Liability And Medical Expenses Limits Of
Insurance section:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured is
the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of In-
surance shown in the Declarations;
whichever is less.
This endorsement shall not increase the ap-
plicable Limits of Insurance shown in the Dec-
larations.
CB-7245(7-13) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - CB-7433(7-13)
AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION
AGREEMENT WITH YOU
This endorsement modifies insurance provided under
the following:
BIS-PAK® BUSINESS LIABILITY AND MEDICAL EX-
PENSES COVERAGE FORM
1. Who Is An Insured is,amended to include as an
additional insured:
a. Any person(s) or organization(s) for whom
you are performing operations when you
and such person(s) or organization(s) have
agreed in writing in a contract or agreement
that such person or organization be added
as an additional insured on your policy; and
b. Any other person(s) or organization(s) you
are required to add as an additional insured
under the contract or agreement described
in paragraph a above.
Such person(s) or organization(s) is an addi-
tional insured only with respect to liability for
bodily injury, property damage or personal and
advertising injury caused, in whole or in part,
by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured.
However, the insurance afforded to such addi-
tional insured:
a. Only applies to the extent permitted by law;
and
b. Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
A person's or organization's status as an addi-
tional insured under this endorsement ends on
the earlier of the date:
a. When your operations for that insured are
completed; or
b. The contract or agreement you have en-
tered into with the additional insured is ter-
minated.
2. With respect to the insurance afforded these
additional insureds, the following additional ex-
clusions apply:
This insurance does not apply to:
fessional architectural, engineering or sur-
veying services, including:
(1) The preparing, approving or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the occurrence which
caused the bodily injury or property dam-
age, or the offense which caused the per-
sonal and advertising injury, involved the
rendering of or the failure to render any
professional services.
b. Bodily injury or property damage occurring
after:
(1) All work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than ser-
vice, maintenance or repairs) to be per-
formed by or on behalf of the additional
insured(s) at the location of the covered
operations has been completed; or
(2) That portion of your work out of which
the injury or damage arises has been
put to its intended use by any person or
organization other than another con-
tractor or subcontractor engaged in per-
forming operations for a principal as a
part of the same project.
3. With respect to the insurance afforded to these
additional insureds, the following is added to the
Liability And Medical Expenses Limits Of
Insurance section:
The most we will pay on behalf of the addi-
tional insured is the amount of insurance:
a. Required by the contract or agreement you
have entered into with the additional in-
sured; or
b. Available under the applicable Limits of In-
surance shown in the Declarations;
whichever is less.
a. Bodily injury, property damage or personal
and advertising injury arising out of the ren- This endorsement shall not increase the ec-
dering of, or the failure to render, any pro- larati n Limits of Insurance shown in the Dec-
larations.
CB-7433(7-13) Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Pagel of 1
ADDITIONAL INSURED CITY OF DUBUQUE, IOWA
This endorsement modifies insurance provided under
the following:
BUSINESS AUTO COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE PART
BIS-PAK® BUSINESS LIABILITY AND MEDICAL
EXPENSES COVERAGE FORM
1. The City of Dubuque, Iowa, including all its
elected and appointed officials, all its employ-
ees and volunteers, all its boards, commissions
and/or authorities and their board members,
employees and volunteers, are included as ad-
ditional insureds with respect to all work and
services performed for them. This coverage
shall be primary to the additional insureds and
not contributing with any other insurance or
similar protection available to the additional in-
sureds, whether other available coverage be
primary, contributing or excess.
2. The following applies when the City of Du-
buque, Iowa is named as an additional insured:
a. We expressly agree and state that the pur-
chase of this policy and the naming of the
City -of Dubuque, Iowa as an additional in-
sured does not waive any of the defenses of
governmental immunity available to the City
of Dubuque, Iowa under the Code of Iowa
Section 670.4 as it now exists and as it may
be amended from time to time.
b. We further agree that this policy of insur-
ance shall cover only those claims not sub-
ject to the defense of governmental immu-
nity under the Code of Iowa Section 670.4 as
it now exists and as it may be amended
IL-7063(7-02)
from time to time. Those claims not subject
to the Code of Iowa Section 670.4 shall be
covered by the terms and conditions of this
policy.
c. The City of Dubuque, Iowa shall be respon-
sible for asserting any defense of govern-
mental immunity, and may do so at any time
and shall do so upon timely written request
by us.
d. We shall not deny coverage under this poli-
cy and we shall not deny any of the rights
and benefits accruing to the City of Du-
buque, 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 im-
munity asserted by the City of Dubuque,
Iowa.
e. We and the City of Dubuque, Iowa agree
that the above preservation of governmental
immunities shall not otherwise change or
alter the coverage available under the poli-
cy.
3. We will give thirty (30) days advance written
notice of cancellation, nonrenewal, reduction in
coverage or limits and/or material change by
endorsement and ten (10) days written notice for
nonpayment of premium to: City of Dubuque
and Dubuque County, City Hall, 13th and Cen-
tral, Dubuque, IA 52001. This endorsement su-
persedes the standard cancellation statement on
the Certificate of Insurance to which this
endorsement is attached.
IL-7063(7.02) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1
FELLOW EMPLOYEE COVERAGE
This endorsement modifies insurance provided under
the following:
BIS-PAK BUSINESS LIABILITYAND MEDICAL EXPENSE
COVERAGE FORM
Paragraph 2a(l), under the Who Is an Insured Sec-
tion Is replaced by the following:
Bodily injury or personal and advertising injury to you
or a co -employee while In the course of his or her
CB-70NO-04)
employment or performing duties related to the con-
duct of your business, or the spouse, child, parent,
brother or sister of that co -employee as a conse-
quence of such bodily Injury or personal and ad-
vertlaing injury, or for any obligation to share dam-
ages with or repay someone else who must pay
damages because of the Injury. This does not apply
to your employees shown in the Schedule.
SCHEDULE
Employees
ALL OF YOUR EMPLOYEES
advertising injury arising out of an offense
committed 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.
LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declara-
tions and the rules below fix the most we will
pay regardless of the number of:
a. Insureds:
2.
3.
b. Claims made or suits brought; or
c. Persons or organizations making claims or
bringing suits.
The most we will pay for the sum of all dam-
ages because of all:
a. Bodily injury, property damage and medical
expenses arising out of any one occur-
rence; and
b. Personal and advertising injury sustained by
any one person or organization;
is the Liability and Medical Expenses Limit
shown in the Declarations. But the most we will
pay for all medical expenses because of bodily
injury sustained by any one person is the Medi-
cal Expenses Limit shown in the Declarations.
The most we will pay under Business Liability
Coverage for damages because of property
damage to a premises while rented to you or in
the case of a fire while rented to you or tem-
porarily occupied by you with permission of the
owner is the applicable Damage To Premises
Rented To You Limit shown for that premises
in the Declarations. For a premises temporarily
occupied by you, the applicable limit will be the
Damage To Premises Rented To You Limit
shown in the Declarations.
4. Aggregate Limits
a. The Products -Completed Operations Aggre-
gate Limit shown in the Declarations is the
most we will pay for injury or damage under
the products -completed operations hazard
arising from all occurrences during the poli-
cy period.
b. The General Aggregate Limit shown in the
Declarations is the most we will pay for the
sum of all damages because of all:
(1) Bodily injury, property damage and
medical expenses arising from all oc-
currences during the policy year. This
limit applies separately to:
(a) Each location owned by or rented
to you. A location is a premises
involving the same or connecting
lots, or a premises whose connec-
tion is interrupted only by a street,
roadway, waterway or right-of-way
of a railroad; and
(b) Each of your projects away from a
location owned by or rented to you;
or
(2) Personal and advertising injury arising
out of all offenses committed during the
policy period.
The Limits of Insurance of this policy apply sepa-
rately to each consecutive annual period and to any
remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than
12 months. In that case, the additional period will be
deemed part of the last preceding period for pur-
poses of determining the Limits of Insurance.
LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS
We have no duty to provide coverage under this
Coverage Part unless you and any other involved
insured have fully complied with the Conditions con-
tained in this Coverage Part.
1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this policy.
2. Duties in the Event of Occurrence, Offense,
Claim or Suit
a. You must see to it that we are notified as
soon as practicable of an occurrence or an
offense which may result in a claim. To the
extent possible, notice should include:
(1) How, when and where the occurrence
or offense took place;
(2) The names and addresses of any in-
jured persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the occurrence
or offense.
b. If a claim is made or suit is brought against
any insured, you must;
(1) Immediately record the specifics of the
CB-0006(12-12) Page 11 of 15
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Mike Van Milligen, City Manager Justin
FROM: Hogan, Facilities Manager
DATE: August 6, 2026
RE: Globalcom City Hall Security Update
Dubuque
All -America ClW
2007-2012.2013
2017*2019
Attached is the Short Form Public Improvement Contract between the City of
Dubuque and Globalcom of Dubuque, IA for the City Hall Feenics Installation
Project. The project will provide for the following:
Furnish and install:
• (1) 24-Door Panel in Basement
• 8 Door Panel on 3rd Floor.
• Card Readers, Door Contacts, Request for Exit (REX), and composite cabling
to each device.
• Headend Control Boards
• Programming, Commissioning, and Testing.
• 4-Hours of training will be provided.
Feenics instance to tie into the City of Dubuque's existing Feenics Instance.
Funding will be provided from FY26 carryover funds from project 5565000009 City
Facility Security Upgrade.
It would be appreciated if you would execute the attached documents related to this
project. Please return it to the Engineering office for further processing.
Attach.
cc: Kerry Bradley, Eng. Dept.
Dubuque
THE CITY OF
DUB E
'I11I.'
2007.2012.2013
2017•2019
Masterpiece on the Mississippi
City of Dubuque
Engineering
50 W. 13th Street
Department
(address)
Dubuque, IA 52001
Phone # 563.581.6141
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
El 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
Globalcom Technologies (Contractor) at
(Contractor Name)
Dubuque, IA
(Contractor's Address - City and State)
PROJECT TITLE: City Facility Security Upgrade (5565000009) - City Hall Acre-Feenics Installation
(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 eauipment and to perform all labor necessary for:
The scope of work in attached Globalcom proposal dated May 13, 2026 for City Hall Acre-Feenics Installation.
Total of 17 doors with locations to be verified on site.
The work described above shall be completed at the following Iocation(s):
City Hall - 50 West 13th Street, Dubuque, IA
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:
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?
P] 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 twe yeaF6 one year 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.
8. The Contractor shall fully complete the Project under this Contract on or before
September 30, 2026
(DATE)
9. Indemnification from Third Party Claims; Liability for City Damage.
A. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless
City, its officers and employees, from and against all claims, damages, losses and expenses
claimed by third parties, but not including any claims, damages, losses or expenses of the
parties to this Contract, including but not limited to attorneys' fees, arising out of or resulting
from performance of this Contract, provided that such claim, damages, loss or expense is
attributable to bodily injury, sickness, disease or death, or injury to or destruction of property,
including loss of use resulting therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of Contractor, or anyone directly or indirectly employed by
Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not
such claim, damage, loss or expense is caused in part by a party indemnified hereunder.
B. The Contractor shall also be liable to the City for any damage to City property arising out of
or related to the Contractor's negligent performance of the Contract.
10. Prior to the commencement of any work on the Project and at all times during the performance
of this Contract, the Contractor shall provide evidence of insurance which meets the
requirements of the City's Insurance Schedule F attached to this Contract as Exhibit C.
11. Permits and Licenses. Contractor further represents and warrants that Contractor will obtain all
necessary business permits and licenses that may be required to carry out the obligations
pursuant to this Contract, including any permits and licenses that might be required by the state
or locality in which Contractor performs the Services, and Contractor agrees to maintain, at
Contractor's sole expense, such required permits and licenses for the duration of the term(s) of
this Contract.
12. Legal Compliance. Contractor is responsible for compliance with all applicable laws, statutes,
rules, regulations, and ordinances which may apply to the performance of Contractor's
obligations under this Contract, including but not limited to the laws outlined in Exhibit B , 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.
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.
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: $ $51,617.00
CITY OF DUBUQUE, IOWA
By: 08/06/2026
Date
CONTRACTOR:
Globalcom Technologies
Company Name
Kirk Westfahl Diq,lally s,gned by Kirk Westfahl
By. Dale 2026.06.2417:1436-05'00'
Signature
Printed Name
Title
Date
Bond No. 30248532
EXHIBIT B
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOW ALL BY THESE PRESENTS:
That we, Globalcom Technologies I as Principal
(hereinafter the "Contractor" or "Principal") and
Western Surety Company , as Surety are held and firmly bound unto the City of
Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who may be injured by
any breach of any of the conditions of this Bond in. the penal sum. of
,Fifty One Thousand Six Hundred Seventeen and No/1 00 dollars
($_ $5.1,617.00 lawful money of the United States, for the payment of which sum, well and truly
to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by
these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a contract with
the Owner, bearing date the 8th day of June 20 26 , (hereinafter the "Contract")
wherein said Contractor undertakes and agrees to construct the fol.lowing 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
City Facility Security Upgrade - City Hall Acre-Feenics Installation Project detail the
following described improvements:
INSERT PROJECT DESCRIPTION
(Use description from Notice to Bidders)
It is expressly understood and agreed by the Contractor and Surety in this Bond that. the following provisions
are a part of this Bond and are binding upon said Contractor and Surety, to -wit:
1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each
and every covenant, condition, and part of said Contract and Contract Documents, by reference made
a part hereof, for the project, and shall indemnify and save harmless the Owner from all outlay and
expense incurred by the Owner by reason of the Contractor's default of failure to perform as required.
The Contractor shall also be responsible for the default or failure to perform as required under the
Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees
furnishing materials or providing labor in the performance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing
labor in the performance of the Contract on account of which this Bond is given, including but not
limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on
machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein
the same are not satisfied out of the portion of the contract price the Owner is required to retain until
completion of the improvement, but the Contractor and Surety shall not be liable to said persons,
firms, or corporations unless the claims of said claimants against said portion of the contract price
shall have been established as provided by law. The Contractor and Surety hereby bind themselves
to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference
is made a part hereof as though fully set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense:
A. To remedy any and all defects that may develop in or result from work to be performed under
the Contract Documents within the period of two (2) year(s) from the date of acceptance of the
work under the Contract, by reason of defects in workmanship, equipment installed, or materials
used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any defects
are remedied, and to repay the Owner all outlay and expense incurred as a result of Contractor's
and Surety's failure to remedy any defect as required by this section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or materials not
discovered or known to the Owner at the time such work was accepted.
4. GENERAL,: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary
notwithstanding, to the following provisions:
A.. To consent without notice to any extension of time authorized in approved change orders to the
Contractor in which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents, authorized in
approved change orders which thereby increases the total contract price and the penal sum of
this Bond, provided that all such changes do not, in the aggregate, involve an increase of more
than twenty percent (20%0) 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
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. 5565000009
Witness our hands, this ?Rth day of June 2026.
SURETY COUNTERSIGNED BY:
Wes t-eye�uretye pany
Signature of gent
Bradley . Babcock
Printed Name of Agent
1533 Wisconsin Avenue
Company Address
Grafton, WI 53024
City, State, Zip.Code
262-204-8448
Company Telephone Number
PRINCIPAL:
Globalcom Technologies
Contractor
By:
Signatur
Printed Name
6 r_6
Title
Q • c°MA
SUL .
4 �•
Representative for Owner
SURETY:
Western Surety Company
Surety Company
By:
Signature torney_M-Fact .,:..
Bradley . Babcock
Printed Name of Attorney -in -Fact Officer
M3 Surety
Company Name
1533. Wisconsin Avenue
Company Address
Grafton, Wl 53024
City, State, Zip Code
262-204-8448
Co , any Telephone Number
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its
principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
Bradley S Babcock, Kimberly L Babcock, Travis Schreiber, Tracy Krause, Becky Jo Schleis, Sara Grover,
Matthew Bihner, Individually
of Madison, WI, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings
and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as frilly and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,
pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By -Laws and Resolutions printed at the bottom of this page, duly
adopted, as indicated, by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on
this 19th day of February, 2026.
WESTERN SURETY COMPANY
• ,+ . d �40
�,,; a�'p a ,ps
,p�
z
State of South Dakota
Larry Fasten, Vice President
� .
County of Minnehaha ss
On this 19th day of February, 2026, before me personally came Larry Kasten, to me known, who, being by me duly sworn, did depose and say: that he resides in the
City of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he
knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of
Directors of said corporation and that he signed his name thereto pursuant to like authority, and aclmowledges same to be the act and deed of said corporation.
My commission expires K. WALSH
.�--. NOTARY PUBLIC ---.
December 4, 2031 Borwo"` SOUTH DAKOTA
K. Walsh, Notary Public
CERTIFICATE
I, Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and
further certify that the By -Laws and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my
name and affixed the seal of the said corporation this 26th day of June, 2026.
+,,i
♦ ......... I
�Rrr �` WESTERN SURETY COMPANY
,- k, • /?
• w
p'rit�?~�`� Paula Kolsrud, Assistant Secretary
41111ti O
Authorizing By -Laws and Resolutions
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by
the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any
Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings
in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
This Power of Attorney is signed by Larry Kasten., Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western
Surety Company.
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following
Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27"' day of April, 2022:
"RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signe6 by digital signatures anti to ratify and
confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company."
Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Form F4280-6-2023
Class A:
Class B:
Class C:
EXHIBIT C
INSURANCE SCHEDULE F
Asbestos Removal
Fiber Optics
Sanitary Sewers
Asphalt Paving
Fire Protection
Sheet Metal
Concrete
Fireproofing
Site Utilities
Construction Managers
General Contractors
Shoring
Cranes
HVAC
Special construction
Culverts
Mechanical
Steel
Decking
Paving & Surfacing
Storm sewers
Demolition
Piles & Caissons
Structural Steel
Deconstruction
Plumbing
Trails
Earthwork
Retaining Walls
Tunneling
Electrical
Reinforcement
Water main
Elevators
Roofing
Chemical Spraying
Masonry
Rough Carpentry
Doors, Window &
Vehicular Snow
Stump Grinding
Glazing
Removal
Tank Coating
Drywall Systems
Painting & Wall
Tree Removal
Fertilizer Application
Covering
Tree Trimming
Geotech Boring
Pest Control
Tuckpointing
Insulation
Scaffolding
Waterproofing
Finish Carpentry
Sidewalks
Well Drilling
Landscaping
Plastering
Carpet Cleaning
Carpet & Resilient
Flooring
Caulking & Sealants
Acoustical Ceiling
Filter Cleaning
General Cleaning
Grass Cutting
Janitorial
Non Vehicular Snow &
Ice Removal
Office Furnishings
Power Washing
Tile & Terrazzo
Flooring
Window Washing
INSURANCE SCHEDULE F (continued)
Contractor shall furnish a signed certificate of insurance to the department responsible for the contract
for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term
of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at
the end of each project with the final billing. Each certificate shall be prepared on the most current
ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director
of Finance and Budget or Designee. The certificate must clearly indicate the project number, project
name, or project description for which it is being provided Eg: Project # 5565000009 Project
name: Cty Facility Security Upgrade or Project Location at 50 West 13th Street or
construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa
and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each Certificate required shall be furnished to the Engineering Department of the City of Dubuque.
4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of
these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall
be considered a material breach of this contract.
5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during the
performance of work insurance for the coverages described in this Insurance Schedule and shall obtain
certificates of insurance from all such subcontractors and sub -subcontractors. Contractor agrees that it
shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such
coverage. The City may request a copy of such certificates from the Contractor.
6. All required endorsements shall be attached to the certificate. The certificate is due before the
contract/agreement can be approved.
7. Whenever an ISO form is referenced the current edition must be provided.
8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or other
legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are higher than
the required minimum limit, then the contractor's limits shall be this agreement's required limits.
9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy
premiums and other cost associated with the insurance policies required below.
10. All certificates of insurance must include agents name, phone number, and email address.
11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance
policies, including endorsements, required by this Schedule at any time.
12. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the contract, subject to written
mutual agreement attached hereto.
INSURANCE SCHEDULE F (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit
$2,000,000
Products -Completed Operations Aggregate
Limit$2,000,000
Personal and Advertising Injury Limit
$1,000,000
Each Occurrence
$1,000,000
Fire Damage Limit (any one occurrence)
$50,000
Medical Payments
$5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general liability
coverage shall be written in accord with ISO form CG 00 01 or business owners form BP
00 02. All deviations from the standard ISO commercial general liability form CG 00 01
or business owners form BP 00 02 shall be clearly identified.
2) Include ISO indorsement form CG 25 04 "Designated Location(s) General Aggregate
Limit" or CG 25 03 "Designated Construction Project(s) General Aggregate Limit" as
appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement. (Sample attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees, agents, and volunteers, all its boards, commissions and/or authorities
and their board members, employees, agents, and volunteers. Use ISO form CG 20
10 (Ongoing operations).
6) The additional insured endorsement shall include completed operations under ISO form
CG 20 37 during the project term and for a period of two years after the completion of
the project.
7) Policy shall include Waiver of Right to Recover from Others endorsement.
8) Policy shall include cancellation and material change endorsement providing thirty (30)
days advance written notice of cancellation, non -renewal, reduction in insurance
coverage and/or limits and ten (10) days written notice of non-payment of premium shall
be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa
52001.
9) Contractor and subcontractor shall not use any drone without the prior written approval
of the City of Dubuque. Any drone usage must comply with above liability limits and the
additional insured endorsement must name the City of Dubuque with respect to aircraft
liability coverage.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers'
Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of
Workers' Compensation or Employers' Liability Coverage form on file with the Iowa
Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22.
Completed form must be attached.
C) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business
does not own any vehicles, coverage is required on non -owned and hired vehicles.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
D) UMBRELLA/EXCESS LIABILITY
The General Liability, Automobile Liability and Employer's Liability Insurance requirements may
be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the
Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall
include the same endorsements as required of the primary policies including but not limited to
Waiver of Subrogation and Primary and Non-contributory in favor of the City.
All Class A contractors with contract values in excess of $10,000,000 must have
umbrella/excess liability coverage of $10,000,000.
All Class A and Class B contractors with contract values between $500,000 and $10,000,000
must have umbrella/excess liability coverage of $3,000,000.
All Class A and B contractors with contract values less than $500,000 must have
umbrella/excess liability coverage of $1,000,000.
All Class C contractors are not required to have umbrella/excess liability coverage.
All contractors performing earth work must have a minimum of $3,000,000 umbrella regardless
of the contract value.
E) POLLUTION LIABILITY
Coverage required: _ Yes X No
Pollution liability coverage shall be required if project involves any pollution exposure for
hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos,
or PCB's. Pollution product and complete operations coverage shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees, agents, and volunteers, all its boards, commissions and/or authorities
and their board members, employees and volunteers. Use ISO form CG 20 10.
(Ongoing operations) or its equivalent and CG 20 37 (completed operations) or its
equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
5) Include endorsement indicating that coverage is primary and non-contributory.
6) Policy shall include waiver of right to recovery from others endorsement.
7) Pollution liability shall include ISP endorsement CA 99 48. Pollution Liability -Broadened
Coverage for Covered Autos, or equivalent endorsement if the contractor has vehicles
that transport fuel onto the Owner's property.
F) RAILROAD PROTECTIVE LIABILITY
Coverage required: _ Yes X No
Any contract for construction or demolition work on or within fifty feet (50') from the edge of the
tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds, tunnel,
underpass, or crossing, for which an easement, license or indemnification of the railroad is
required, shall require evidence of the following additional coverages.
Railroad Protective Liability:
$ each occurrence (per limits required by Railroad)
$ policy aggregate (per limits required by Railroad)
AND
An endorsement to the Commercial General Liability policy equal to ISO CG 24 17 (Contractual
Liability -Railroads). A copy of this endorsement shall be attached to the certificate of insurance.
Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which
may be available to you. Naming the City of Dubuque as an additional insured on your insurance as is
requested by this Insurance Schedule may result in your waiver of those immunities. If you would like to
preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities
is for your benefit.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of
this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the
defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4
as it now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims
not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists
and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be
covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any
defense of governmental immunity and may do so at any time and shall do so upon the timely written request
of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not
deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of
governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of
governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or
alter the coverage available under the policy.
SPECIMEN
EXHIBIT D
LEGAL COMPLIANCE
a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
c) Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq), (prohibits
discrimination on the basis of age);
f) Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex),
g) The Civil Rights Restoration Act of 1987, (PL 100-209); (broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964 to include that entities that receive
federal funding must comply with civil rights legislation, including the Civil Rights Act of 1964,
the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, in all
operations, not just in the program or activity receiving federal funding);
h) Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as
implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38;
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
j) Section 1557of the Affordable Care Act (prohibits discrimination on the basis of national
origin);
k) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.)
(prohibits discrimination because of sex in education programs or activities);
1) Drug Abuse Office and Treatment Act of 1972, as amended (21 U.S.C. § 1101 et seq.); and
m) Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as
amended (42 U.S.C. § 4541, et seq.).
Justin Hogan
Engineering Department
City of Dubuque
TECHGlobalcom
NOLOGI ES
City Hall Feenics Upgrade
City of Dubuque
May 13, 2026
Thank you for considering Globalcom Technologies to submit a proposal for this Scope of Work.
Please accept this as Globalcom Technologies' proposal for procurement and installation for the
City Hall Feenics Upgrade as detailed in the following Scope of Work.
This proposal is based on the following:
o Jobsite visit on May 111, 2026, with Justin Hogan.
Scope of Work:
Access Control
o Furnish and install:
o (1) 24-Door Panel in Basement
o (1) 8 Door Panel on 3`d Floor.
o Card Readers, Door Contacts, Request for Exit (REX), and composite cabling to
each device.
■ Electronic Locking Hardware by others.
o Headend Control Boards
o Programming, Commissioning, and Testing.
0 4-Hours of training will be provided.
o Feenics instance to tie into the City of Dubuque's existing Feenics Instance.
TotalQuote................................................................................. $51,617.00
"Sales Tax is not included with this Quote"
Thank you for the opportunity to provide a quote for your project and I look forward to discussing it with
you further. Please feel free to contact me with any questions regarding this proposal.
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
14 Marsh Court • Madison, WI 53718 • 608-663-8016
750 Cedar Cross Road . Dubuque, IA 52001 • 563-690-0003
N27 W23713 Paul Rd. — Suite B • Pewaukee, WI 53072 • 262-696-4590
www. gctech. us
Sincerely,
Josh Haase
Manager of Dubuque Operations
Globalcom Technologies
JoshH(,@_gctech.us
Clarifications
o Locations will be identified, and site verified before installation.
o Installation schedule will be coordinated with owner prior to beginning work.
o Any and all systems that are not included in the above proposal are not the
responsibility of Globalcom Technologies.
o Wireless Access Points (WAPs), IP Cameras as well as other active network devices will
be furnished and installed by others unless specifically noted otherwise in the scope of
work within this document.
o Electrical Power circuits, UPS, PDUs or other power quality devices are not included.
o Devices & System cross connect & system configuration are not included.
o Labor is based on installation during normal business hours and does not include
weekend, holiday or shift work.
o Project completion acceleration outside of the initial agreement may inquire additional
compensation.
o CCTV, IP Camera, recording devices and related hardware are not included.
o Public Address, Audio Visual, Fire Alarm, Nurse Call, Patient Monitoring, Infant
Abduction, Area of Rescue, Mustering or other similar systems are not included.
Globalcom Technologies adheres to the following standards:
NFPA - Article 70 NEC
ANSI/TIA-568.0-E
Generic Telecommunications Cabling for Customer Premises
ANSI/TIA-568.1-E
Commercial Building Telecommunications Cabling Standards
ANSI/TIA-568.2-D
Balanced Twisted -Pair Telecommunications Cabling
ANSI/TIA-568.3-E
Optical Fiber Cabling Components
ANSI/TIA-569-E
Pathways and Spaces Standard
ANSI/TIA-606-D
Administration Standard
ANSI/TIA-607-E
Grounding and Bonding Standard
ANSI/TIA-942
Data Center Cabling Standard
ANSI/TIA-1152-A
Field Test Instruments and Measurements for Balanced Twisted -Pair Cabling
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
14 Marsh Court • Madison, WI 53718. 608-663-8016
750 Cedar Cross Road • Dubuque, IA 52001 • 563-690-0003
N27 W23713 Paul Rd. — Suite 8 • Pewaukee, W153072 . 262-696-4590
www.gctech.us
Terms & Conditions:
• The scope of work is based on our knowledge of the current requirements and project goals.
• The fees stated in this engagement will be honored for 30 days from the date of this proposal,
except copper materials which are subject to adjustment per market price changes.
• All material is based on vendor pricing at the time of quote. Should any effects from tariffs,
either new or existing, result in increases to these cost, we reserve the right to modify pricing
accordingly.
• The fees do not include applicable sales tax and/or owner expediated shipping charges.
• A Change Order for work that is outside the agreed -upon scope of this proposal will require
authorization to proceed.
• Fees and expenses will be billed as incurred in the form of a progress billing
• Payment of our progress billing is expected within 30 days after invoice date.
• Globalcom reserves the right to negotiate the terms and conditions of any other contract or
language suggested outside of this proposal.
Indemnification:
To the fullest extent permitted by law, Globalcom Technologies shall defend, indemnify and
hold harmless the Owner and its agents, consultants, and employees from all claims for bodily
injury and property damage that may arise from the performance of the Contract Work to the
extent of the negligence attributed to such acts or omissions by Globalcom Technologies, its
subcontractors or anyone employed directly or indirectly by any of them or by anyone for whose
acts any of them may be liable.
Insurance:
The Owner shall be responsible for purchasing and maintaining the Owner's usual liability
insurance and property insurance written on a builder's risk "all-risk" or equivalent policy form
comprising the total value of the entire project.
Counterparts:
The undersigned parties agree that this Agreement may be executed in multiple counterparts,
each of such counterpart shall be deemed to constitute one and the same instrument and each
of said counterparts shall be deemed an original hereof. Facsimile and electronic PDF signatures
of this Agreement shall be treated as original signatures.
If the above terms are acceptable to you and the services outlined are in accordance with your
needs, please sign the original acceptance page of this proposal letter and return it to me.
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
14 Marsh Court • Madison, Wl 53718 • 608-663-8016
750 Cedar Cross Road • Dubuque, IA 52001 • 563-690-0003
N27 W23713 Paul Rd. — Suite 8 • Pewaukee, W153072. 262-696-4590
www.gctech.us
Acceptance Page
This Agreement is entered as of the day and year first written above.
OWNER:
City of Dubuque
Authorized Signature
Print Name, Title
Billing Information
Purchase Order
Number
Billing Contact Name
Email
Phone
Billing Address
CONTRACTOR:
Globalcom Technologies
Authorized Signature
Print Name, Title
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
14 Marsh Court • Madison, WI 53718 • 608-663-8016
750 Cedar Cross Road • Dubuque, IA 52001 • 563-690-0003
N27 W23713 Paul Rd. — Suite 8 • Pewaukee, Wl 53072 • 262-696-4590
www.gctech.us