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Signed Contracts
City of Dubuque City Council CONSENT ITEMS # 18. Copyrighted September 8, 2026 ITEM TITLE: Signed Contracts SUMMARY: Deere & Company for Public Works equipment; Dubuque Plumbing and Heating for the Flora Water Playground Pipe Leak Repair; East Central Intergovernmental Association for Project Management — Energy Savers; Ecosystems, Inc. for Biosolids Professional Management Program; Esri for Training Pass Subscription; Hoyne Landscaping and Snowplowing, Inc. for Grass Mowing Agreement; Intercontinental Kansas City at the Plaza for Hertlandia Gathering; McDermott Excavating for Sanitary Sewer Repairs; McDermott Excavating for Street Light — 1800 Rosemont; McDermott Excavating for Street Light Conduit — Stone Valley Drive; Nutri-Ject Systems, Inc. for Notice of Termination Agreement; RDG Planning & Design, Inc. for Amendment to the Professional Services Agreement - Iowa Amphitheater at Schmitt Island; Top Grade Excavating, Inc for Garfield and Fengler Storm Sewer Repair; Top Grade Excavating, Inc. for North English Road Water Main Extension Change Order No. 2R; Vrban Fire Protection for Annual Testing of Standpipe for Transportation Services. SUGGUESTED Receive and File DISPOSITION: ATTACHMENTS: 1. 26_08_12 Emergency Stormwater Repair Near Garfield and Fengler (30) 2. 26_08_13 Floodwall UTV Replacement Recommendation 3. 26_08_14 Request to Sign Contract Street Light Repair 1800 Rosemont 4. 26_08_14 Street Light Repair Stone Valley Drive 5. USDN Group & Events Contract - 08-10-2026 6. Grass Mowing Agreement 7. 26_08_21 Esri Training Pass Subscription (6) 8. Flora Pool Water Playground 9. 26_08_27 Sanitary Sewer Repair behind 3505 Crescent Ridge 10. N English Rd WM Extension Construction Contract Change Order 11. 26_08_31 Contract work with ECIA for Sustainability office (17) 12. 26_08_31 Vrban Short Form Vendor Contract 13. 26_09_03 Schmitt Island Amphitheater Consultant Service Agreement 14. Biosolids Agreement, Ecosystems, 9-1-26 15. Notice of Termination of Agreement, Nutri-Ject Dubuque THE CITY OF DUB E 1007.2012.2013 2017*2019 Masterpiece on the Mississippi City of Dubuque Public Works 925 Kerper Court Department (address) Dubuque, IA 52001 Phone # 563-589-4250 CITY OF DUBUQUE, IOWA SHORT FORM PUBLIC IMPROVEMENT CONTRACT PROJECTS ESTIMATED AT LESS THAN $100,000.00 Check Appropriate Box * Estimate under $25,000.00 ❑ Estimate between $25,000.00 and $99,999.99 THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and Top Grade Excavating, Inc (Contractor) at (Contractor Name) PO Box 356 Farely, IA 52046-0356 (Contractor's Address - City and State) PROJECT TITLE: Garfield and Fengler Storm Sewer Repair (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: Perform emergency repair work on failed storm sewer in the intersection of Garfield Avenue and Fengler Street. The storm sewer and is causing the street to undermine in the travel way. Work will be performed to repair storm sewer, backfill, and complete associated trench repairs in the street The work described above shall be completed at the following location(s): Grafield Avenue and Fengler Street 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 N/A Is the project over $25,000.00? _Ir[o7►C7 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 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 August 21, 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: $ 20,000 (not to exceed) CITY OF DUBUQUE, IOWA CONTRACTOR: By: AA)mg 08/12/2026 Top Grade Excavating Inc T Date Company Name By: 30, Signature Date Bcow X rc.,x ti Printed Name 1. V Title Not Applicable EXHIBIT A CONSENT DECREE RELATING TO THE CITY OF DUBUQUE, IOWA WATER & RESOURCE RECOVERY CENTER AND SEWER COLLECTION SYSTEM NO CONTRACTOR R CONSULTANT MAY PERFORM ANY WORK FOR TH CITY OF DUBUQUE RELATED TO THE TER &RESOURCE RECOVERY CENTER OR THE EWER CONNECTION SYSTEM UNLESS A SI ED COPY OF THIS DOCUMENT IS RETURNED THE CITY OF DUBUQUE ENGINEERING DEPART NT The City of Dubuque, Iowa has ntered into a Consent Decree in the case f The United States of America, and the State of Iowa v. The City f Dubuque, Iowa, Civil Action No. C e 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case umber 90-5-1-1-09339, United ates District Court for the Northern District of Iowa. The provisions of the onsent Decree apply to and binding upon the City and its officers, directors, employees, agents, servants, uccessors, assigns, and I persons, firms and corporations under contract with the City to perform the oblig ions of the Consent cree. The City is required to provide a copy of the Consent Decy�e to any contractor or consultant retained to perform work required by the Consent Decree. \ A copy of the Consent Decree can be found at A paper copy is available upon request from the City of Dubuque Engineering Departme The City must condition any contract to perfor ork requirN under the Consent Decree upon performance of the work in conformity with the provisions X the Consent D cree. The Consent Decree also provides that til five years after the t ination of the Consent Decree, the City shall retain, and shall instruct its contra ors and agents to preserve, I non -identical copies of all documents, reports, data, records, or other infor tion (including documents, rec ds, or other information in electronic form) in its or its contractors' or a ents' possession or control, or tha come into its or its contractors' or agents' possession or control, an that relate in any manner to the City's p ormance of its obligations under this Consent Decree, includin any underlying research and analytical ta. This information -retention requirement shall apply regar less of any contrary City, corporate or institutio al policies or procedures. At any time during this inform ion -retention period, upon request by the United ates or the State, the City shall provide copies of an documents, reports, analytical data, or other information equired to be maintained under the Consent De ee. At the conclusion of the information -retention period, e City shall notify the United States and th State at least ninety (90) Days prior to the destruction of any cuments, records, or other information s ject to such requirements and, upon request by the United States the State, the City shall deliver any ch documents, records, or other information to the EPA or IDNR. Not Applicable Certification by Contractor or Consultant The un rsigned, on behalf of the Contractor or Consultant, with full authority to/orthern f of the Contractor r Consultant, certifies to the City of Dubuque as follows: 1. 1 have recei d a copy of the Consent Decree in the case of The United States of Ahe State of Iowa v. The ity of Dubuque, Iowa, Civil Action No. Case 2:11-cv-01011-EMJ,Number 2008V00041, DO Case Number 90-5-1-1-09339, United States District Court for thistrict of Iowa. 2. All work performed wi e in conformity with the provisions of the Consent Decr e. 3. All documents, reports, ta, records, or other information (including d cuments, records, or other information in electronic form) at relate in any manner to the performance o obligations under the Consent Decree, including any underlyin esearch and analytical data, will be ret ned as required by the Consent Decree. The Contractor or Consultant agrees t dfe end, indemnify, and hol armless the City, its officers, agents, or employees from and against any clai sincluding penalties, c is and fees as provided in the Consent , Decree, relating to or arising out of the ntractor's or Cons ant's failure to comply with the Consent Decree. Contractor or Consultant: By: Its: Date: ;X\ Return signed copy to: Engineering Department 50 W. 13th Street Dubuque IA 52001 Not Applicable EXHIBIT B PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOW ALL'RY THESE PRESENTS: That we, (hereinafter Dubuque, Iowa, as any breach of to be made, we bind ou these presents. "Contractor" or "Principal") , as Surety are (hereinafter referred to as "Owner"), of the conditions of this as Principal and held and firmly b and unto the City of and to all person who may be injured by Bond in the penal sum of A money of the United States, for the I our heirs, legal representatives and a dollars t of which sum, well and truly jointly or severally, firmly by The conditions of the above obligat ns are such that whereas said ontractor entered into a contract with the Owner, bearing date the day of 20 , (hereinafter the "Contract") wherein said Contractor undertakes an agrees to construct Contract Documents, and to faithfully perf\kean the terms and therein specified, in a good and workmanlner, and in Contract DocumeAts following following project in accordance with the uirements of said Contract within the time dance with the Contract Documents. The for Project detail the improvements: INSERT PR ECT SCRIPTION (Use descript' n from No ' e to Bidders) It is expressly understood and agreed by e Contractor and Sure in this Bond that the following provisions are a part of this Bond and are binding on said Contractor and Su ty, to -wit: PERFORMANCE: The C tractor shall well and faithfully obse e, perform, fulfill, and abide by each and every covenant, con ition, and part of said Contract and Cont ct Documents, by reference made a part hereof, for the o.ect, and shall indemnify and save harml\the ner from all outlay and expense incurred bye Owner by reason of the Contractor's defato perform as required. The Contractor s I also be responsible for the default or failure as required under the Contract and ntract Documents by all its subcontractors, agents, or employees furnishing mat ials or providing labor in the performance of the C 2. /ab The Contractor and the Surety on this Bond hereby agreed t ay all just claims y persons, firms, subcontractors, and corporations furnishing materia for or performing I performance of the Contract on account of which this Bond is given, i cluding but not laims for all amounts due for labor, materials, lubricants, oil, gasoli , repairs on equipment, and tools, consumed or used by the Contractor or any subcontra or,wherein e not satisfied out of the portion of the contract price the Owner is required to tain until completion of the improvement, but the Contractor and Surety shall not be liable to said rsons, firms, or corporations unless the claims of said claimants against said portion of the contrac rice shall have been established as provided by law. The Contractor and Surety hereby bind themse es to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this referen Not Applicable 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 Vcpense: A. To remedy any and all defects that may develop in or result from work to be pe ormed under he Contract Documents within the period of two (2) year(s) from the date of a eptance of the rk under the Contract, by reason of defects in workmanship, equipment ins Iled, or materials se uin construction of said work; B. To keeNII work in continuous good repair; and C. To pay the wner's reasonable costs of monitoring and inspecti9K to assure that any defects are remedied, nd to repay the Owner all outlay and expense inc red as a result of Contractor's and Surety's fai a to remedy any defect as required by this ction. Contractor's and Surety's CQntract herein made extends to def is in workmanship or materials not discovered or known to the\pro'sions: time such work was ccepted. 4. GENERAL: Every Surety oall be deemed a held bound, any contract to the contrary notwithstanding, to the follows:A. To consent without nension of me authorized in approved change orders to the Contractor in which tontrac B. To consent without notice to any chan KNin the Contract or Contract Documents, authorized in approved change orders which there in re the total contract price and the penal sum of this Bond, provided that all such ch ges d not, in the aggregate, involve an increase of more than twenty percent (20%) of the tal contra rice, and that this Bond shall then be released as to such excess increase; C. To consent without notice Vat this Bond shall remai in full force and effect until the Contract is completed, whether compfeted within the specified co ract period, within an extension thereof, or within a period of ti after the contract period has el sed and the agreed damage penalty is being charged ag ' st the Contractor. The Contractor and every Sure on the Bond shall be deemed and hel\bod, any contract to the contrary notwithstanding, to the followi provisions: D. That no pr ision of this Bond or of any other contract shall be valid Xat limits to less than five (5) year fter the acceptance of the work under the Contract the right sue on this Bond. E. Tha s used herein, the phrase "all outlay and expense" is not to be lima d in any way, but sh I include the actual and reasonable costs and expenses incurred by the Owner including i erest, benefits, and overhead where applicable. Accordingly, "all outlay and pense" would include but not be limited to all contract or employee expense, all equipment us a or rental, materials, testing, outside experts, attorney's fees (including overhead expenses of a Owner's staff attorneys), and all costs and expenses of litigation as they are incurred by the O er. It is intended the Contractor and Surety will defend and indemnify the Owner on all claim made against the Owner on account of Contractor's failure to perform as required in the Contra and Contract Documents, that all agreements and promises set forth in the Contract and Cont ct Documents, in approved change orders, and in this Bond will be fulfilled, and that the Own Not Applicable will be fully indemnified so that it will be put into the position it would have been in hid the Contract been performed in the first instance as required. / In the ev6Qt the Owner incurs any "outlay and expense" in defending itself against any claim as which the Contractor r Surety should have provided the defense, or in the enforcement of the promise given by the Contractor in he Contract, Contract Documents, or approved change orders, or in the enf cement of the promises give y the Contractor and Surety in this Bond, the Contractor and Surety a ee that they will make the Owner hole for all such outlay and expense, provided that the Surety's obliga 'on under this Bond shall not exceed o hundred twenty-five percent (125%) of the penal sum of this Bo In the event that any ac ' ns or proceedings are initiated regarding this Bond, the p ies agree that the venue thereof shall be Dubuqu County, State of Iowa. If legal action is required b the Owner to enforce the provisions of this Bond or to ollect the monetary obligation incurring to the benefA of the Owner, the Contractor and the Surety agree, jointly,\anysu ally, to pay the Owner all outlay and pense incurred therefor by the Owner. All rights, powers, as of the Owner hereunder shall be mulative and not alternative and shall be in addition to all righand remedies given to the Own , by law. The Owner may proceed against surety for any amoueed hereunder whether action s brought against the Contractor or whether Contractor is joined action(s) or not. NOW THEREFORE, the condition of this ligation is such that ' said Principal shall faithfully perform all the promises of the Principal, as set forth and ovided in the Co ract, in the Contract Documents, and in this Bond, then this obligation shall be null and voi otherwise it all remain in full force and effect. When a work, term, or phrase is used in this Bon it sh I be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; s d, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as d ed in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interprete r co strued according to its generally accepted meaning in the construction industry; and fourth, if it has n general accepted meaning in the construction industry, it shall be interpreted or construed according to i common or stomary usage. Failure to specify or particularize shall not Vclude terms or provis ns not mentioned and shall not limit liability hereunder. The Contract and Contract cuments are hereby madik a part of this Bond. Project No. Witness our hands, this SURETY COUNTERSIGNE Signature of Agent Printed Name of Anent Company City, Stay, Zip Code Telephone Number of , 20 . PRINCIPAL: Contractor By: Signature Printed Name Title FORM APPROVED BY: Not Applicable ve for Owner SURETY: Surety Company By: Signature Attorney -in -Fact Printed Name of Attorney -in -Fact Company Name Company Address City, State, Zip Code Company Telephone Number IM61OF Not Applicable All signatures on this performance, payment, and maintenance Bond mu be original signatures in ink; copies, facsimile, or electronic signatures will of be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. The name and signature of the Surety's Attorney-in-Fact/Officer qKtered on this Bond must be exactly as listed on the Certificate or Power of Attorn accompanying this Bond. EXHIBIT C INSURANCE SCHEDULE F Class A: Asbestos Removal Fiber Optics Sanitary Sewers Asphalt Paving Fire Protection Sheet Metal Concrete Fireproofing Site Utilities Construction Managers General Contractors Shoring Cranes HVAC Special construction Culverts Mechanical Steel Decking Paving & Surfacing Storm sewers Demolition Piles & Caissons Structural Steel Deconstruction Plumbing Trails Earthwork Retaining Walls Tunneling Electrical Reinforcement Water main Elevators Roofing Class B: Chemical Spraying Masonry Rough Carpentry Doors, Window & Vehicular Snow Stump Grinding Glazing Removal Tank Coating Drywall Systems Painting & Wall Tree Removal Fertilizer Application Covering Tree Trimming Geotech Boring Pest Control Tuckpointing Insulation Scaffolding Waterproofing Finish Carpentry Sidewalks Well Drilling Landscaping Plastering Class C Carpet Cleaning Carpet & Resilient Flooring - Caulking-& 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 # Project name: or Project Location at or construction of Garfield and Fengler Storm Sewer Repair 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 Public works Department of the City of Dubuque. 4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this contract. 5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Contractor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. Whenever an ISO form is referenced the current edition must be provided. 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 or 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 endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit' or CG 25 03 `Designated Construction Project(s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees, agents, and volunteers. Use ISO form CG 20 10 (Ongoing operations). 6) The additional insured endorsement shall include completed operations under ISO form CG 20 37 during the project term and for a period of two years after the completion of the project. 7) Policy shall include Waiver of Right to Recover from Others endorsement. 8) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. 9) Contractor and subcontractor shall not use any drone without the prior written approval of the City of Dubuque. Any drone usage must comply with above liability limits and the additional insured endorsement must -name -the _City of Dubuque with respect to aircraft liability coverage. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. C) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. D) UMBRELLA/EXCESS LIABILITY The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. All Class A contractors with contract values in excess of $10,000,000 must have umbrella/excess liability coverage of $10,000,000. All Class A and Class B contractors with contract values between $500,000 and $10,000,000 must have umbrella/excess liability coverage of $3,000,000. All Class A and B contractors with contract values less than $500,000 must have umbrella/excess liability coverage of $1,000,000. All Class C contractors are not required to have umbrella/excess liability coverage. All contractors performing earth work must have a minimum of $3,000,000 umbrella regardless of the contract value. E) POLLUTION LIABILITY Coverage required: —Yes —No Pollution liability coverage shall be required if project involves any pollution exposure for hazardous or contaminated materials including, but not limited to, the removal of lead, asbestos, or PCB's. Pollution product and complete operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $44,000,000 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. 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 at 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 (P--L 1-00-209); (broadened - of Title VI of the Civil Rights Act of 1964 to include that entities that receive federal funding must comply with civil rights legislation, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, in all operations, not just in the program or activity receiving federal funding); h) Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; i) The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and -sex); - -- j) Section 1557of the Affordable Care Act (prohibits discrimination on the basis of national origin); k) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.) (prohibits discrimination because of sex in education programs or activities); 1) Drug Abuse Office and Treatment Act of 1972, as amended (21 U.S.C. § 1101 at seq.); and m) Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended (42 U.S.C. § 4541, at seq.). OJOHN DEERE Customer: Quotes are valid for 30 days from the creation date or upon contract expiration, whichever occurs first. A Purchase Order (PO) or Letter of Intent (LOI) including the below information is required to proceed with this sale. The PO or LOI will be returned if information is missing. ❑ Vendor: Deere & Company 2000 John Deere Run Cary, NC 27513-2789 US FED ID: 36-2382580 UEID: FNSWEDARMK53 ❑ Signature on all LOls and POs with a signature line ❑ Contract name or number; or JD Quote ID ❑ Sold to street address ❑ Ship to street address (no PO box) ❑ Bill to contact name and phone number ❑ Bill to address ❑ Bill to email address (required to send the invoice and/or to obtain the tax exemption certificate) ❑ Membership number if required by the contract ❑ Also include a current valid tax-exempt certificate (if applicable) Quotes of equipment offered through contracts between Deere & Company, its divisions and subsidiaries (collectively "Deere") and government agencies are subject to audit and access by Deere's Strategic Accounts Business Division to ensure compliance with the terms and conditions of the contracts. For any questions, please contact: NATHAN RENTZ Roeder Outdoor Power 2580 Rockdale Road Dubuque, IA 52003 Work Phone: 5635562071 Cell Phone: 5632582884 Email: nathan@lawnpower.com ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513-2789 US FED ID: 36-2382580 UEID: FNSWEDARMK53 Prepared For CITY OF DUBUQUE PUBLIC WORKS GARAGE 925 KERPER CT DUBUQUE, IA 520012405 (563) 589-4253 Equipment Summary GATORT-TH 6X4 GAS (Model Year 2027) Contract: IA NASPO MA25112 (PG AN CG 22) Price Effective Date: 03-Aug-2026 Drop Spreader, 5 cu ft (Click-N-Go) Contract: IA NASPO MA25112 (PG AN CG 22) Equipment Total OJOHN DEERE ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: NATHAN RENTZ Roeder Outdoor Power 2580 Rockdale Road Dubuque, IA 52003 Prepared By NATHAN RENTZ Roeder Outdoor Power 2580 Rockdale Road Dubuque, IA 52003 5635562071 nathan@lawnpower.com Trade In Summary 2016 John Deere TH 6X4 - 1 M06X4HDHGM110337 Final Trade Allowance Quote Summary Total Selling Price Total Trade -In Allowance Trade Difference Sub -total Balance Due Quote Summary Suggested List $14,399.95 $5,499.99 Quote Id 1813784 Creation Date 25-Mar-2026 Expiration Date 31-Aug-2026 Selling Price QTY In Group Extended $11,951.96 1 $11,951.96 $5,000.00 1 $5,000.00 $16,951.96 Extended $1,800.00 $1,800.00 $16, 951.96 ($1,800.00) $15,151.96 $15,151.96 $15,151.96 Salesperson : X Accepted By: X/ OJOHN DEERE Selling Equipment Quote # 1813784 Customer CITY OF DUBUQUE PUBLIC WORKS GARAGE GATORTmTH 6X4 GAS (Model Year 2027) QTY In Group: 1 Equipment Notes - - - Suggested List Hours - - - $14,399.95 Serial Number - - - Selling Price Stock Number - - - $11,951.96 Contract IA NASPO MA25112 (PG AN CG 22) Discount Amount Price Effective Date 03-Aug-2026 ($2,447.99) PUK Parent Serial # --- Equipment Summary Code Description GATORTmTH 6X4 561JM GAS (Model Year 2027) Qty 1 List Price $13,499.00 ° Discount /° 17.0% Discount $ ($2,294.83) Adjusted Selling Price $11,204.17 Base / Options Code Description Qty List Price Discount % Discount $ Adjusted SellingPrice 001 F US 49 State 1 $0.00 17.0% $0.00 $0.00 0505 Build to Order 1 $0.00 17.0% $0.00 $0.00 1015 Turf Tires 1 $0.00 17.0% $0.00 $0.00 4079 Less Roof and 1 $0.00 17.0% $0.00 $0.00 Panels Base Comfort and 5100 Convenience 1 $0.00 17.0% $0.00 $0.00 Package Includes deluxe cargo box with paint, reflectors, and manual cargo box lift Total Base / Options $13,499.00 ($2,294.83) $11,204.17 Dealer Attachments Code Description Qty List Price Discount % Discount $ Adjusted SellingPrice BUC11248 Deluxe Light Kit 1 $614.19 17.0% ($104.41) $509.78 Compatible with Model Years 2017 to current for TH, TX, TX -Turf, and TE Utility Vehicles. If equipped with 48V to 12V converter. Kit includes backup lights, four-way flashers, turn signals (front and rear), brake lights, taillights, front position lights. Front turn signals also act as rear view mirrors. OJOHN DEERE BM23458 Front Bumper 1 $286.76 17.0% ($48.75) $238.01 Includes 1.25 in. Front Receiver Hitch. Total Dealer Attachments $900.95 ($153.16) $747.79 Selling Price Subtotal $11,951.96 Total Selling Price $11,951.96 OJOHN DEERE Drop Spreader, 5 cu ft (Click-N-Go) QTY In Group: 1 Equipment Notes - - - Suggested List Hours - - - $5,499.99 Serial Number - - - Selling Price Stock Number - - - $5,000.00 Contract IA NASPO MA25112 (PG AN CG 22) Discount Amount PUK Parent Serial # - - - ($499.99) Equipment Summary Code Description Qty List Price Discount % Discount $ Adjusted SellingPrice LP53522 Drop Spreader, 5 1 $5,499.99 0.0% $0.00 $5,499.99 cu ft (Click-N-Go) Total Base / Options $5,499.99 $0.00 $5,499.99 Customer Discounts Description Discount Amount Early Order Program ($499.99) Total Discounts ($499.99) Selling Price Subtotal $5,000.00 Total Selling Price $5,000.00 Trade -Ins 2016 John Deere TH 6X4 Trade -In Notes Serial Number Stock Number Hour Meter Description 2016 John Deere TH 6X4 1 M06X4H DHGM 110337 5300.0 IQJOHN DEERE Net Trade Value $1,800.00 Pay Off $0.00 Total $1,800.00 Factory Build Codes Code Description Code Description 5617M TH 6X4 GAS 1015 TURF TIRE 6018 LESS REAR RECEIVER HITCH 001A COUNTRY CODE- US/CANADA 4199 LESS REAR PROTECTION PACKAGE 4099 LESS FRONT PROTECT PACKAGE 3100 MANUAL LIFT W/LATCH/PROP ROD 3001 CARGO BOX,TEXTURE, REFLECT 2017 ADJUSTABLE SEAT Warranty Coverage Type Term Expiration Date EMISSIONS WARRANTY EMISSIONS 24M 2018-08-04 BASIC WARRANTY BASIC 12M / 1000 HR 2017-08-03 THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Duane Richer, Traffic Engineer DATE: August 14,2026 Dubuque All -America ClW 2007-2012.2013 2017*2019 RE: Request to Sign Contract — Street Light Repair 1800 Rosemont Attached is the short Form Public Improvement Contract between the City of Dubuque and McDermott Excavating of Dubuque, IA to install a new street light base and pole that was damaged. The estimate is $3,600 and will be funded from 5524000013 (Street Light Traffic Control) 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 City of Dubuque THE CFF Engineering Department DUjB t I I) I ► 50 W 13th Street 2007.2012.2013 (address) Masterpiece on the Mississippi 2017*2019 Dubuque, IA 52001 Phone # 563-690-6067 CITY OF DUBUQUE, IOWA SHORT FORM PUBLIC IMPROVEMENT CONTRACT PROJECTS ESTIMATED AT LESS THAN $100,000.00 Check Appropriate Box 0 Estimate under $25,000.00 ❑ Estimate between $25,000.00 and $99,999.99 THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and McDermott Excating (Contractor) at (Contractor Name) 11672 Airborne Road Dubuque IA 52003 (Contractor's Address - City and State) PROJECT TITLE: Street Light -1800 Rosemont (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: Mobilization - Barricades and fence as necessary Saw and remove 64 sf of city sidewalk Excavate around existing light base and remove Pick up new base from city yard and install new 24" or 18" base - Back fill with 3/4" base stone and compact Seed, fertilize and straw mat disturbed area Clean up from work The work described above shall be completed at the following location(s): 1800 Rosemont Street 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? ❑ Yes El No If yes, Bond Form is required, see Exhibit B. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. 5. Three (3%) of the Contract price may be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Manager to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Contract and the project description described in Section 1 and the Contract Documents outlined in Section 2 and agrees not to plead misunderstanding or deception. 7. The Contractor shall guarantee for a period of two years and make good any other defect in any part of the Project due to improper construction or material performance notwithstanding the fact that said Project may have been accepted and fully paid for by the City. The guarantee shall commence on the date that the City pays full compensation for the complete performance of this contract. 8. The Contractor shall fully complete the Project under this Contract on or before 31 st, 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: $ 3,600.00 CITY OF DUBUQUE, IOWA By: 08/14/2026 Date CONTRACTOR: McDermott Excavating Company Name Kevin P. Donovan Digitally tignedby Kevin P.Dmaven By, Date: 2026.04.2917:%:51 -05'00' 8/13/2026 Signature Date Kevin P. Donovan Printed Name Superintendent Title EXHIBIT A CONSENT DECREE RELATING TO THE CITY OF DUBUQUE, IOWA WATER & RESOURCE RECOVERY CENTER AND SEWER COLLECTION SYSTEM NO CONTRACTOR OR CONSULTANT MAY PERFORM ANY WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SEWER CONNECTION SYSTEM UNLESS A SIGNED COPY OF THIS DOCUMENT IS RETURNED TO THE CITY OF DUBUQUE ENGINEERING DEPARTMENT The City of Dubuque, Iowa has entered into a Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under contract with the City to perform the obligations of the Consent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to perform work required by the Consent Decree. A copy of the Consent Decree can be found at http://www.citvofdubugue.org/DocumentCenter/HomeNiew/3173. A paper copy is available upon request from the City of Dubuque Engineering Department. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five years after the termination of the Consent Decree, the City shall retain, and shall instruct its contractors and agents to preserve, all non -identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information -retention requirement shall apply regardless of any contrary City, corporate or institutional policies or procedures. At any time during this information -retention period, upon request by the United States or the State, the City shall provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information -retention period, the City shall notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City shall deliver any such documents, records, or other information to the EPA or IDNR. Certification by Contractor or Consultant The undersigned, on behalf of the Contractor or Consultant, with full authority to act on behalf of the Contractor or Consultant, certifies to the City of Dubuque as follows: 1. 1 have received a copy of the Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. All documents, reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. The Contractor or Consultant agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's or Consultant's failure to comply with the Consent Decree. Contractor or Consultant: McDermott Excavating By: Kevin P. Donovan Its: Superintendent Date: 8/13/2026 Return signed copy to: Engineering Department 50 W. 13th Street Dubuque IA 52001 EXHIBIT B PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That we, McDermott Excavting I as Principal (hereinafter the "Contractor" or "Principal") and , 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 dollars ($ ), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Owner, bearing date the day of , 20_, (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following project in accordance with the Contract Documents, and to faithfully 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 1800 Rosemont 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: 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 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 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 SURETY COUNTERSIGNED BY: Signature of Agent Printed Name of Agent Company Address City, State, Zip Code Company Telephone Number 20_ PRINCIPAL: Contractor By: Signature Printed Name Title FORM BY: % Representative for Owner SURETY: Surety Company By: Signature Attorney -in -Fact Officer Printed Name of Attorney -in -Fact Officer Company Name Company Address City, State, Zip Code 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. 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) 1. Contractor shall furnish a signed certificate of insurance to the department responsible for the contract for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget or Designee. The certificate must clearly indicate the project number, project name, or project description for which it is being provided Eg: Project # Project name: 1800 Rosemont or Project Location at 1800 Rosemont 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 endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project(s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees, agents, and volunteers. Use ISO form CG 20 10 (Ongoing operations). 6) The additional insured endorsement shall include completed operations under ISO form CG 20 37 during the project term and for a period of two years after the completion of the project. 7) Policy shall include Waiver of Right to Recover from Others endorsement. 8) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. 9) Contractor and subcontractor shall not use any drone without the prior written approval of the City of Dubuque. Any drone usage must comply with above liability limits and the additional insured endorsement must name the City of Dubuque with respect to aircraft liability coverage. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. 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 PCBs. 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; i) The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); j) Section 1557of the Affordable Care Act (prohibits discrimination on the basis of national origin); k) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.) (prohibits discrimination because of sex in education programs or activities); 1) Drug Abuse Office and Treatment Act of 1972, as amended (21 U.S.C. § 1101 et seq.); and m) Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended (42 U.S.C. § 4541, et seq.). MDELLCD-01 LWO D FDAT8/712 DIYYYY) 8/7/2026 ACORO CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER TRICOR, LLC - Dubuque 600 Star Brewery Drive Suite 110 Dubuque, IA 52001 CONTACT Lu Anne Wood NAME: PHONE — FAX (arc, No, Ext): (608) 405-1161 2202 (A/C, No): n DRIEs :lwood@tricorinsurance.com INSURERS AFFORDING COVERAGE NAIC q INSURER A: Inte rity 112986 INSURED INSURER B : Westchester Surplus Lines Insurance Company 10172 INSURER C MDE LLC dba McDermott Excavating INSURER D 11672 Airborne Rd Dubuque, IA 52003 INSURER E — INSURER F : COVERAGES CERTIFICATE NUMRER: REVISION NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRA TYPE OF INSURANCE ADDL IN SUB RI WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X X CPP2910156 611/2026 611l2027 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 300,000 $ MED EXP (Any oneperson) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECT FX LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY EOMccIND iden SINGLE LIMIT $ 1,000,000 X BODILY INJURY Perperson) $ ANY AUTO CA 2910135 611/2026 6/1/2027 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY AMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY l A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE CUP2910157 611/2026 6/112027 DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN FFICER/MEMBER EXCLUDED? Mandatory in NH) NIA X WCP2910144 6/1/2026 6/1/2027 X PER OTH- STATUTE 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.L. DISEASE - POLICY LIMIT 1,000,000 $ B Pollution Liability G28367466 006 2/1/2026 2/1/2027 $10,000 Ded 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Coverage applies only to the extent provided by the policy and subject to all of the policy terms, conditions, exclusions, endorsements and all applicable laws. Work Comp Excludes Member Tara Duggan. Project Name: 1800 Rosemont City of Dubuque including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their SEE ATTACHED ACORD 101 City of Dubuque Engineering Department 50 West 13th St. Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) @ 1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: MDELLCD-01 LWOOD / 1 ACORO LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED RICOR, LLC - Dubuque MDLLC dba Mc 116E2 Airborne Rdermott Excavating i Dubuque, IA 52003 Dubuque POLICY NUMBER SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, - FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: board members, employees and volunteers are additional insured on a primary, non-contributory basis including ongoing and completed operations. Governmental Immunities applies in favor of City of Dubuque. Waiver of subrogation on the Work Comp and general liability policies in favor of the City of Dubuque. Umbrella follows form. Notice of cancel is amended to 30 days. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Duane Richer, Traffic Engineer DATE: August 14,2026 RE: Request to Sign Contract — Street Light Stone Valley Drive Dubuque All -America ClW 2007-2012.2013 2017*2019 Attached is the short Form Public Improvement Contract between the City of Dubuque and McDermott Excavating of Dubuque, IA to excavate approximately 50LF of existing conduit for repairs to streetlight conduit. The estimate is $1,600 and will be funded from 5523000003 (Street Light Replacement) 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. THE CDubuque City of Dubuque CITYF u�,ph Engineering Department DUjB E1II(I► 50 W 13th Street 2007.2012.2013 (address) Masterpiece on the Mississippi 2017.2019 Dubuque, IA 52001 5523000003 Phone # 563-690-6067 CITY OF DUBUQUE, IOWA SHORT FORM PUBLIC IMPROVEMENT CONTRACT PROJECTS ESTIMATED AT LESS THAN $100,000.00 Check Appropriate Box 11 Estimate under $25,000.00 ❑ Estimate between $25,000.00 and $99,999.99 THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and McDermott Excating (Contractor) at (Contractor Name) 11672 Airborne Road Dubuque IA 52003 (Contractor's Address - City and State) PROJECT TITLE: Street Light Conduit - Stone Valley Drive (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 eauiDment and to Derform all labor necessary for Excavate approx. 50 LF of existing conduit to a depth of no more than 24" deep Backfill conduit after the repair with existing materials Seed, Fertilize and straw mat disrurbed area Clean up from work The work described above shall be completed at the following location(s): Stone Valley Drive The Project shall be constructed to the meet the requirements as described in this Contract; in strict accordance with the requirements of the laws of the State of 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? ❑ Yes El No If yes, Bond Form is required, see Exhibit B. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. 5. Three (3%) of the Contract price may be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Manager to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Contract and the project description described in Section 1 and the Contract Documents outlined in Section 2 and agrees not to plead misunderstanding or deception. 7. The Contractor shall guarantee for a period of two years and make good any other defect in any part of the Project due to improper construction or material performance notwithstanding the fact that said Project may have been accepted and fully paid for by the City. The guarantee shall commence on the date that the City pays full compensation for the complete performance of this contract. 8. The Contractor shall fully complete the Project under this Contract on or before ber 15th, 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: $ 1,600.00 CITY OF DUBUQUE, IOWA CONTRACTOR: By: k,,-L 08/14/2026 l� Date McDermott Excavatin Company Name Dig,Wly signe by Kevin P. Donovan By: Kevin P. Donovan 2026.04 29175651 -05'00' 8/13/2026 Signature Date Kevin P. Donovan Printed Name Superintendent Title EXHIBIT A CONSENT DECREE RELATING TO THE CITY OF DUBUQUE, IOWA WATER & RESOURCE RECOVERY CENTER AND SEWER COLLECTION SYSTEM NO CONTRACTOR OR CONSULTANT MAY PERFORM ANY WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SEWER CONNECTION SYSTEM UNLESS A SIGNED COPY OF THIS DOCUMENT IS RETURNED TO THE CITY OF DUBUQUE ENGINEERING DEPARTMENT The City of Dubuque, Iowa has entered into a Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under contract with the City to perform the obligations of the Consent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to perform work required by the Consent Decree. A copy of the Consent Decree can be found at http://www.citvofdubugue.orq/DocumentCenter/HomeNiew/3173. A paper copy is available upon request from the City of Dubuque Engineering Department. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five years after the termination of the Consent Decree, the City shall retain, and shall instruct its contractors and agents to preserve, all non -identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information -retention requirement shall apply regardless of any contrary City, corporate or institutional policies or procedures. At any time during this information -retention period, upon request by the United States or the State, the City shall provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information -retention period, the City shall notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City shall deliver any such documents, records, or other information to the EPA or IDNR. Certification by Contractor or Consultant The undersigned, on behalf of the Contractor or Consultant, with full authority to act on behalf of the Contractor or Consultant, certifies to the City of Dubuque as follows: 1. 1 have received a copy of the Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. All documents, reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. The Contractor or Consultant agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's or Consultant's failure to comply with the Consent Decree. Contractor or Consultant: McDermott Excavating By: Kevin P. Donovan Its: Superintendent Date: 8/13/2026 Return signed copy to: Engineering Department 50 W. 13th Street Dubuque IA 52001 EXHIBIT B PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That we, McDermott Excavting I as Principal (hereinafter the "Contractor' or "Principal") and , 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 dollars ($ ), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Owner, bearing date the day of , 20_, (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following project in accordance with the Contract Documents, and to faithfully 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 1800 Rosemont 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: 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 20_ SURETY COUNTERSIGNED BY: PRINCIPAL: Signature of Agent Printed Name of Agent Company Address City, State, Zip Code Company Telephone Number Contractor By: Signature Printed Name Title FORM APPROVED BY: Representative for Owner SURETY: Surety Company By: Signature Attorney -in -Fact Officer Printed Name of Attorney -in -Fact Officer Company Name Company Address City, State, Zip Code 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/OfFcer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. 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 # Project name: Stone Valley Drive or Project Location at Stone Valley Drive 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 endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project(s) General Aggregate Limit" as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees, agents, and volunteers, all its boards, commissions and/or authorities and their board members, employees, agents, and volunteers. Use ISO form CG 20 10 (Ongoing operations). 6) The additional insured endorsement shall include completed operations under ISO form CG 20 37 during the project term and for a period of two years after the completion of the project. 7) Policy shall include Waiver of Right to Recover from Others endorsement. 8) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. 9) Contractor and subcontractor shall not use any drone without the prior written approval of the City of Dubuque. Any drone usage must comply with above liability limits and the additional insured endorsement must name the City of Dubuque with respect to aircraft liability coverage. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. 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 PCBs. 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; i) The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); j) Section 1557of the Affordable Care Act (prohibits discrimination on the basis of national origin); k) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.) (prohibits discrimination because of sex in education programs or activities); 1) Drug Abuse Office and Treatment Act of 1972, as amended (21 U.S.C. § 1101 et seq.); and m) Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended (42 U.S.C. § 4541, et seq.). MDELLCD-01 LWOOD ,acoRO CERTIFICATE OF LIABILITY INSURANCE `� DATE(MM/DDIYYYY) 8/11/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 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 CONTACT Lu Anne Wood NAME: TRICOR, LLC -Dubuque 600 Star Brewery Drive Suite 110 A/� NENo, Ext): (608) 405-1161 2202 (Arc, No): ADRESS:lwood@tricorinsurance.com Dubuque, IA 52001 INSURERIS) AFFORDING COVERAGE NAIC # INSURER A: Interit 12986 _ INSURED INSURER B : Westchester Surplus Lines Insurance Company 10172 INSURER C MDE LLC dba McDermott Excavating INSURER D 11672 Airborne Rd Dubuque, IA 52003 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR WVDPOLICY NUMBER POLIICY EFF POLICY EXPITR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X X CPP2910156 6/1/2026 6/1/2027 DAMAGE TO RENTED P MI E E occurrence) 300,000 $ MED EXP (Any oneperson) 10,000 PERSONAL & ADV INJURY 11000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 POLICY PECOT- �X LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ BODILY INJURY Perperson) $ X ANY AUTO CA 2910135 6/1/2026 6/112027 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY AMAGE Per accident $ NON-OWNED AUTOS ONLY f ONL� $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE CUP2910157 6/112026 611/2027 DED I I RETENTION$ I I A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERfEXECUTIVE OFFICER/MEMBER EXCLUDED? a (Mandatory in NH) NIA X WCP2910144 611/2026 6/1/2027 X STATUTE ERH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 B Pollution Liability G28367466 006 2/112026 2/1/2027 $10,000 Ded 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Coverage applies only to the extent provided by the policy and subject to all of the policy terms, conditions, exclusions, endorsements and all applicable laws. Work Comp Excludes Member Tara Duggan. Project Name: Street Light Conduit -Stone Valley Drive City of Dubuque including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Dubuque Engineering Department y q 9 9 P THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 50 W 13th St. Dubuque, IA 52001 AUTHORIZED REPRESENTATIVE �/ ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AFRO AGENCY CUSTOMER ID: MDELLCD-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED RICOR, LLC - Dubuque MDE LLC dba McDermott Excavating 11672 Airborne Rd POLICY NUMBER Dubuque, IA 52003 SEE PAGE 1 Dubuque CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance LWOOD Page 1 of 1 Description of Operations/Locations/Vehicles: board members, employees and volunteers are additional insured on a primary, non-contributory basis including ongoing and completed operations. Governmental Immunities applies in favor of City of Dubuque. Waiver of subrogation on the Work Comp and general liability policies in favor of the City of Dubuque. Umbrella follows form. Notice of cancel is amended to 30 days. U 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IHG — Confidential TODAY'S DATE SIGNED CONTRACT DUE: ACCOUNT: ADDRESS: O INTERCONTINENTAL. KANSAS CITY AT THE PLAZA 401 Ward Parkway Kansas City, MO 64112 Group & Function Contract August 10, 2026 8/ 10/26 City of Dubuque — Sustainability Office 50 West 13th Street, Dubuque, Iowa 52001 CONTACT: TELEPHONE EMAIL: EVENT NAME: CONTRACT DUE: SALES MANAGER: EVENT MANAGER: Gina Bell 5636906038 gbell@cityofdubuque.org Heartlandia Gathering 8128126 Tiffany Boyle This Group & Function Contract ("Agreement") is by and between City of Dubuque — Sustainability Office ("Group" or "you' or "your(s)") and Driftwood Hospitality ("Management Company"), d/b/a InterContinental Kansas City at the Plaza (the "Hotel" or "we" or "us" or "our"). Sleeping Rooms and Rates (Room Block) Wed 10/14/2026 Thu 10/15/2026 Friday 10/16/2026 Occupant Rooms Rate Rooms Rate Rooms Rate S 10 $178.00 10 $178.00 10 $178.00 Run of House D 1 151 $178.00 15 $178.00 15 $178.00 TOTAL SLEEPING ROOM NIGHTS RESERVED: 75 TOTAL ANTICIPATED SLEEPING ROOM REVENUE: $13,350.00 Sleeping room rates as noted in the "Room Block" are net non-commissionable and are quoted exclusive of applicable state and local taxes, fees and assessments. Quoted sleeping rates will be offered, based on availability of contracted room type(s), to your attendees three days before and three days after the above dates. RESERVATION METHOD: Rooming List Rooming List: Reservations will be made by room list provided by group contact by cut-off date. The detailed room list to include: Guest First & Last Name, Arrival Date, Departure Date, and Room Type Preference. CUT-OFF DATE: 9/14/26 In order to assign specific room types to your attendees, each sleeping room in your Room Block must be confirmed no later than9/14/26. This date will be known as your "Cut -Off Date" Confirmation of rooms after the Cut -Off Date will only be accepted based on availability of contracted room type(s) and at the Hotel's prevailing rates. SLEEPING ROOM BILLLING: Room and Tax to Master: Group will be responsible for sleeping room rates (including any tax) for all attendees. All such charges will be posted to the Master Account. Incidental charges (e.g. room service, gift shop charges and in -room entertainment fees) will be the responsibility of each individual guest. At the time of check -in, each guest will be required to present a major credit card on which Hotel may place a hold or process a prepayment in the amount of the guest's estimated charges. Group acknowledges that if it holds the Event, but Group and/or guests attending the Event do not purchase the full amount of the Room Block, then Hotel will be harmed. Group also acknowledges that the actual amount of Hotel's damages from sale of less than the full amount of the Room Block would be difficult to calculate. Therefore, the parties agree that if the Event is held, but less than 80% of the Standard Total Guestroom Revenue identified in the table above is generated, then Group shall pay Hotel, as liquidated damages and not as a penalty, an amount equal to the difference between the immediately aforementioned percentage of the Total Guestroom Revenue and the actual guestroom revenue generated during the Event, plus any applicable taxes (the "Sleeping Room Performance Fee"). Any Sleeping Room Performance Fee will be added to the Master Account. *Please Note: Room placement of the guest rooms will be determined by the type of room that is booked. A block of rooms does not guarantee that all guests will be in the same location, nor the same building. I understand room placement. Doc ID: 20260818153650243 Sertifi Electronic Signature IHG - Confidential Initial here tX VCX Parties are not permitted in guestrooms and suites. If an after -party is desired following your event, please make prior arrangements , e Event Manager. Noise complaints from other guests are taken seriously. Hotel security/management will respond to guest complaints regarding excessive noise. After a maximum of two warnings, responsible parties will be evicted from the premises. No compensation will be refunded to the offending parties or event/group contact for forfeiting their guest rooms. TAXES AND MANDATORY FEES Initial here C VCW Room rates are subject to the following taxes and applicable fees: igne 1) City Tax 7.5% 2) State Tax 10.95% Total Occupancy Tax: 18.45% 3) Arena Fee $ 3.00 4) Destination Fee $10.00 Total Tax $ 2.40 Total Arena & Destination Fee $15.40 (per night) Please note that the above taxes may change without notice If you maintain tax-exempt status, please provide us with a tax exemption certificate by Monday, August 10, 2026, so that we may assure that your billing arrangements are in order. Tax-exempt attendees are responsible for presenting appropriate tax exemption certification in order to assure proper handling of their individual accounts. PARKING — Included in Rate Hotel parking fees for standard size vehicles are as follows, and subject to change without notice: Self -Parking: Event Overnight Valet Parking: Event Overnight Bus Parking: Per day $10.00 $30.00 $20.00 (up to 10 hours, non -overnight) $35.00 $99.00 Hotel does not provide parking for commercial trucks and buses. Advance arrangements must be made for offsite parking. This includes vehicles for all 3Id party vendors after they have loaded or unloaded. Group will be solely and fully responsible for informing Attendees, prior to making reservations, of these charges and that they are separate and distinct from and in addition to the room rate and from taxes. Group will not, in any printed materials regarding the meeting or in any other manner, combine these charges and applicable taxes thereon into any category such as taxes or room rate. ADDITIONAL CHARGES: In addition to the customary charges associated with your Event (for example, sleeping room rates, meeting room rental, banquet charges, audio-visual, etc.) the Hotel offers other services for which there may be fees either to the Group or the individual attendee (as applicable) and include, but are not limited to, the following: Business Center, Banner Hanging, Telephone Rental, Labor for Audio -Visual & Electrical Requirements. Guarantee of Charges: You agree to provide your final attendee count & food and beverage counts by 3 business days prior to arrival date. The services, products, fees etc., as noted will be provided at the time of your event and you will be charged based on the event guarantee that you give us or the number of people indicated at the time you signed this agreement, whichever is greater. We will not undertake to serve more than 5% more than this guaranteed minimum. IHG BUSINESS REWARDS: ("Event Planner") is eligible for earn IHG Business Rewards for a qualifying event. The IHG Business Rewards Account Number is 293808514 for this Event, Event Planner is eligible to earn three IHG Business Reward bonus point for event dollar spent, up to a maximum award of 60,000 IHG Business Rewards bonus points. Eligible revenue will include such as: sleeping room, food and beverage, meeting room rental revenue up to a maximum of $20,000 of eligible revenue. Full details and rules regarding the IHG Business Rewards Program are available by visiting https://www.ing.com/hotels/us/en/businessrewards/home. Group must notify Hotel of recipient's IHG Business Rewards number upon receipt of signed agreement. It is up to the client to ensure that the listed IHG number is included within the IHG Business Rewards program. Failure to be enrolled in the program, will void all earned points. ADDITIONAL CONCESSIONS: In consideration of the entire value your Event brings to the Hotel, we are pleased to offer the following concessions based on the achievement of 80% or greater of your Total Anticipated Sleeping Room Revenue. If the Anticipated Sleeping Room Revenue materializes at less than 80%, the concessions will be reduced proportionately at the discretion of the Hotel or, at your request, provided and charged to your Master Account at retail value, in addition to any performance damages you may owe. Please advise your Event Manager no later than seven (7) days prior to first guest room arrival of your decision whether you prefer to have concessions reduced or if you want to retain and pay for them. If you elect to pay for unearned concessions, you agree that you will pay all applicable labor/union charges, state and local taxes, gratuity and/or service charges on all concessions provided. CONCESSIONS: The InterContinental Kansas City at the Plaza will provide the following concessions: Complimentary internet access in the guest rooms Reward Points for IHG Reward Members Doc ID: 20260818153650243 Sertifi Electronic Signature IHG - Confidential Group rate available pre/post contracted dates, based upon hotel availability Overnight Parking Included 1. DEPOSITS / EARLY CHECK OUT FEE: To confirm a sleeping room within your Room Block, the sleeping room must be secured with a valid credit card provided either by you or the guest attending your Event, 3 days in advance of arrival date. Should you secure sleeping rooms on behalf of your guests with your credit card, your attendees may thereafter provide their own credit card information for their own sleeping rooms. For cancellations within 3 days, the Hotel charges one night room and tax to the credit card. Our check -in time is 4PM; check-out time is 11AM. All guests arriving before 4PM will be accommodated as rooms become available. Our Bell Staff can arrange to check baggage for those arriving early when rooms are unavailable and for guests attending functions on departure day. If an attendee who has requested a room within your Room Block checks out prior to the attendee's reserved check-out date, we will charge an early check-out fee of one night room and tax. Attendees wishing to avoid an early check-out fee should advise us at or before check -in of any change in planned length of stay. We will inform attendees of the early check-out charge upon check -in and we request that you also inform your attendees of the charge. 3. PAYMENT TERMS: By signing this document you agree to pay the entire contract price in cash, credit card, ACH or by certified check at least 14 business days prior. We may terminate this agreement and retain the portion of your deposit or seek additional amounts necessary to equal the cancellation fee provided below if payment is not made as agreed. We accept American Express, Discover Card, Master Card or Visa. If per your banquet event order, items are to be charged by consumption, you agree to provide us with a credit card to be pre -authorized and to which all estimated master account charges will be charged at the conclusion of your event. We reserve the right to check your credit status at any time before the commencement of the Event, and we reserve the right to increase the amount of deposits and/or pre -payments should there be a negative change in your financial status. You expressly consent to our conducting any such credit checks. If advance payments or deposits are not paid on a timely basis, the Hotel will have the right, at its option, to consider the Agreement cancelled and will be entitled to cancellation damages as provided in this Agreement. If credit has not been approved for your Event, you will provide us with a valid credit card to which all estimated Master Account charges will be charged. If payment of all undisputed charges is not received within thirty (30) days after your receipt of the final invoice, a finance charge of 1.5% per month, or the maximum amount allowed by law, whichever is less, will accrue on the unpaid, undisputed amount, commencing on the date of receipt of the final invoice. If any charges are disputed, then the parties agree to work in good faith to resolve the disputed invoiced charges in a timely manner, and you agree to pay the remainder immediately upon resolution of the dispute. Summary of Billing and Payment Master Account Credit Card Room and Tax Master Incidentals Individuals Payments do not auto draft to the credit card provided and kept on file. You must call or email your event manager on or before the due date to set up your payments. Late fee may apply if you do not call or email. Date Deposit Due 20% upon return of signed Contract 30 days prior to arrival 100% Contracted Revenue Commitment 14 days prior to arrival Remaining balance 4. CANCELLATION AND PERFORMANCE DAMAGES: The special rates we offer to you are based in part upon the total gross revenue anticipated by us from your agreement to use and pay for the rooms and events set forth in this Agreement. You guarantee that your Event will provide the Total Minimum Anticipated Revenue. You agree and understand that, in the event of a cancellation or lack of full performance by you, our actual damages would be difficult to determine. Therefore, you agree that should you cancel your Event for any reason other than due to a valid Impossibility occurrence, including changing your meeting/function site to another hotel, you will pay as liquidated damages and not as a penalty, a percentage of the Total Anticipated Revenue for your Event, plus any applicable state and/or local taxes as required by law, calculated as follows: Date of Hotel's Receipt of Written Cancellation Notice Prior to Arrival Date Amount of Cancellation Damages Owed 59 Days or Less 90% of Minimum Anticipated Revenue Payment of cancellation damages is due at the same time that you deliver your written notice of cancellation to the Hotel. We may consider your notice of cancellation to be invalid and thus may not release accommodations held until payment of the applicable cancellation damages is received; therefore delay in payment may result in higher cancellation damages owed. Should you wish to confirm the accurate calculation of the applicable cancellation damages payment, you may contact us and request that we prepare a statement detailing the applicable cancellation damages payment, plus any applicable state and local taxes. We wil I subtract any advance payments and deposits previously paid by you to us. If the Event is held but the Hotel does not realize the Total Minimum Anticipated Revenue from your Event, you agree to pay reasonable liquidated damages to the Hotel for your lack of performance. The performance damages owed will be the amount necessary for the Hotel to receive no less than 80% of the Total Minimum Anticipated Sleeping Room Revenue, and 100% of the Total Minimum Food and Beverage Revenue, plus any applicable state and/or local taxes as required by law. Doc ID: 20260818153650243 Sertifi Electronic Signature IHG - Confidential ATTRITION CHARGES. Client will meet its minimum revenue requirements under this Agreement if it fulfills its minimum food & beverage revenue commitment above and its Adjusted Minimum Guest Room Revenue commitment based on the attrition allowance below. Adjusted Contracted Guest Room Revenue: 1 80% of $13350 = $10680 This attrition allowance does not apply if Client cancels the Agreement or does not hold the Event. If Client hold its Event, but does not fulfill its adjusted minimum guest room revenue commitment it will pay guest room attrition damages (plus all applicable taxes) as a reasonable estimate of Hotel's losses as follows: Guest Room Attrition Damages = Adjusted Minimum Guest Room Revenue minus actual guest room revenue from Room Block If Client does not fulfill its Minimum Food & Beverage Revenue commitment, it will pay the difference between its Minimum Food & Beverage Revenue commitment and its actual food & beverage revenue as Meeting Room Rental (plus all applicable taxes). Client agrees that estimated Guest Room Attrition Damages will be paid at least (14) fourteen days in advance of arrival, even if direct billing has been approved. Client will receive a credit if the final damages vary from the estimated damages. 5. IMPOSSIBILITY / FORCE MAJEURE: Neither party shall be responsible for failure to perform this Agreement if circumstances beyond their reasonable control (including, but not limited to: acts of God; terrorist attacks in the city in which Hotel is located; or declared war in the United States) make it illegal or impossible for the Hotel to hold the Event. The affected party may terminate this Agreement without liability upon written notice to the other party within ten (10) days of the occurrence. 6. INDEMNIFICATION: To the fullest extent permitted by law, you agree to protect, indemnify, defend and hold harmless the Hotel, Hotel's Owner, and Intercontinental Hotel Group, Inc., and each of their respective owners, managers, partners, subsidiaries, affiliates, officers, directors, employees and agents (collectively, the "Hotel Indemnified Parties"), from and against any and all claims, losses or damages to persons or property, governmental charges or fines, penalties, and costs (including reasonable attorney's fees) (collectively, "Claim(s)"), in any way arising out of or relating to the Event that is the subject of this Agreement to the extent such any such Claim(s) arise out of the negligence, gross negligence or intentional misconduct of Group's employees, agents, contractors, or attendees. Nothing in this indemnification shall require you to indemnify the Hotel Indemnified Parties for that portion of any Claim arising out of the negligence, gross negligence or intentional misconduct of the Hotel Indemnified Parties. This section shall survive any termination or expiration of this Agreement. 8. GOVERNING LAW: The Agreement will be governed by and interpreted pursuant to the laws of the state in which Hotel is located, excluding any laws regarding the choice or conflict of laws. 9. HOTEL POLICIES: Utilities: All electrical services and utilities, including phone and riggings, are contracted through the Hotel's Sales Department. Sianaae and Decor: Signs, banners or other decorations are not allowed in public areas. Any signage in private areas must be professionally made and approved by Hotel and may not be affixed to the walls, floor or ceiling with push pins, nails, staples, carpet tape or other like materials. Candles with open flame, confetti, bird seed, rice and glitter may not be used on Hotel's premises. Loss Prevention: The Hotel reserves the right to inspect and control all private functions. Hotel will not be responsible for damage or loss of any items brought into the Hotel, or for any items left unattended. Music Licensing: Hotel is not responsible for obtaining licenses that may be required by Group's use of music or video during the Event. Group will obtain all such required licenses and to indemnify, defend and hold harmless Hotel, [Hotel owner], and [Management company] from any claims or liabilities in this regard. Food and Beverage Policies: Due to licensing requirements and quality control issues, all food and beverage served on Hotel premises must be supplied, served and prepared by Hotel. No alcohol service will be provided to Attendees who are not of legal drinking age. 10. DISPUTE RESOLUTION: The parties will use their commercially reasonable efforts to informally and timely resolve any dispute concerning any matter related to this Agreement by presenting the dispute to senior representatives of Hotel and Group for their discussion and possible resolution in the order set forth herein; provided, however, a dispute relating to patents, trademarks, trade dress, copyrights, trade secrets, and/or infringement of intellectual property rights shall not be subject to this provision. All negotiations pursuant to this section are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. If within a period of thirty (30) calendar days after submission of a disputed matter in accordance with this clause, the respective senior representatives are unable to agree upon a resolution of such dispute, then either party may give notice to the other party of its intention to pursue arbitration. Arbitration of disputes arising out of or in connection with this Agreement will be resolved using one arbitrator before JAMS or American Arbitration Association in the state and city in which Hotel is located, or the closest available location. The parties further agree that in any arbitration proceeding, they may conduct reasonable discovery pursuant to the arbitration rules, and any arbitration award will be enforceable in State or Federal court. 11. COLLECTION/ATTORNEY'S FEES: The parties agree that if any dispute arises in any way relating to or arising out of this Agreement, the prevailing party in any arbitration or court proceeding will be entitled to recover an award of its attorney's fees and costs, plus pre and post judgment interest. If we retain the services of a collection agency or attorney to assist in the collection of any amounts due to us under this Agreement, you will pay all expenses incurred by us in such collection efforts. 12. DELIVERIES: Arrangements for delivery of packages should be made through the Sales and Catering Office. Receiving, handling and storage charges may apply. Authorized packages or shipments will be accepted (3) days prior to the function/arrival date; shipments from Hotel must be made within (3) days following the conclusion of the function/departure date. No COD packages will be accepted. Hotel will accept up to (5) packages, less than twenty pounds each, at no charge. Special arrangements must be made in advance if you are shipping more than (5) packages or package is overweight limit. Receiving, handling and storage charges may apply. Please mark clearly and label any shipments as follow: Doc ID: 20260818153650243 Sertifi Electronic Signature IHG - Confidential InterContinental Kansas City at the Plaza Hold for Arrival: Guest Name, Conference Name, Arrival Date 401 Ward Parkway Kansas City, MO 64112 1. OPTION DATE To confirm arrangements for this meeting, please sign and return one copy of this Contract prior to 8110126. After this date, if we have not received a signed Contract, we reserve the right to release the space being held for you. ENTIRE AGREEMENT.- This Agreement, together with the Standard Terms and Conditions (attached hereto and incorporated herein by reference), the Standard Terms and Conditions, appendices, addenda and exhibits attached hereto (if any), upon signature by both parties below, constitutes the entire agreement between the parties and may not be amended or changed unless done so in writing and signed by the parties. If this Agreement or any attachments thereto are returned signed but with changes, it shall not constitute an acceptance, but rather a counteroffer by you that may be accepted or rejected in writing by us in our sole discretion. Once both you and we sign this Agreement, all provisions reserved on your behalf will be confirmed and therefore subject to the terms of this Agreement. The InterContinental Kansas City at the Plaza: E-Signed : 08/20/2026 01:02 PM CDT anV ONle tboyle@kansascityic.com IP: 74.87.170.78 City of Dubuque — Sustainability Office: E-Signed: 08/20/2026 11:25 AM CDT cWichae(C Tan L- l.dl en gbell@cityofdubuque.org IP: 66.230.247.6 Date Date E-Signed: 08/20/2026 01:15 PM CDT LXatian LR. Wooi nwood@kansascityic.com IP: 74.87.170.78 M _ Name: Nathan Woo oc Title: Director of Sales & Marketing Date Note: This contract is not considered valid until signed by the Hotel Sales Manager, an authorized signer for the Account, and the Hotel's Director of Sales and Marketing or Hotel's designated signer. Written acceptance constitutes a binding contract between The InterContinental Kansas City at the Plaza and Urban Sustainability Directors Network (USDN). This document must therefore be signed by a representative authorized to commit such arrangements on behalf of Urban Sustainability Directors Network (USDN). Doc ID: 20260818153650243 Sertifi Electronic Signature GRASS MOWING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND HOYNE LANDSCAPING AND SNOWPLOWING, INC. This Grass Mowing Agreement (this "Agreement") is between City of Dubuque, Iowa, (the "City") and Hoyne Landscaping and Snowplowing, Inc., an Iowa corporation with an address of 17921 S. John Deere Rd., Dubuque, IA (the "Contractor") warranting itself to be licensed and qualified to perform the Work specified herein, each known individually as a "Party" and collectively as the "Parties." In consideration of their mutual promises, the Parties agree as follows: 1. Effective Date: This Agreement becomes effective on the date it is last signed by the City and the Contractor (the "Effective Date"). Contractor shall not begin Work, deliver materials, or incur reimbursable costs before the Effective Date or before the City issues a Task Order. 2. Performance Period: The initial performance period is twelve (12) months beginning on the Effective Date (the "Initial Term"), unless earlier terminated under this Agreement. 3. Option to Extend: The City may extend this Agreement for one additional twelve (12)-month period by giving written notice to Contractor at least thirty (30) days before the Initial Term expires. The maximum total duration of this Agreement is twenty-four (24) months. The Initial Term and any extension exercised under this Section are collectively referred to as the "Term." 4. Task Orders: The City may issue a task order for each property requiring nuisance abatement (each, a "Property") and any special instructions (each, a "Task Order"). Contractor shall perform only Work authorized by a Task Order. If Work does not comply with this Agreement or the applicable Task Order, the City may reject the Work, require correction at no additional cost, and withhold the disputed payment until the deficiency is sufficiently corrected. 5. Scope of Work: Contractor shall provide all labor, materials, equipment, supervision, and other services necessary to mow and maintain grass and weeds at Properties identified in Task Orders in compliance with applicable City ordinances and this Agreement (the "Work"). 5.1 Timeliness: Contractor shall complete each Task Order as soon as practicable and no later than forty-eight (48) hours after the City transmits it, unless the City authorizes a different deadline in writing. 5.2 Protection of Persons and Property: 5.2.1 Contractor shall perform the Work safely and in an orderly manner and shall protect persons and existing property from damage. 5.2.2 Contractor is responsible for damage to City property, the Property, or adjacent property caused by Contractor or its employees, agents, or subcontractors. 5.2.3 The Contractor shall promptly repair or replace such damaged property, to the City's reasonable satisfaction, at no additional cost to the City. 5.2.4 Contractor shall promptly notify the City of denied access, unsafe conditions, animals, suspected hazardous materials, or other conditions that prevent or materially delay the Work. Contractor shall not perform work outside the scope of a Task Order without prior written authorization from the City. 5.3 Safety Regulations: 1 of 6 5.3.1 Contractor shall conduct all operations in strict accordance with all applicable OSHA and federal, state, and local safety regulations. 5.3.2 Contractor is solely responsible for its means, methods, supervision, and safety precautions and for the safety of its employees, agents, and subcontractors. 5.4 Condition of Property Upon Completion: 5.4.1 Contractor shall mow and maintain the grass and weeds at the Property in accordance with applicable City ordinances and the applicable Task Order 5.4.2 All public rights -of -way shall be cleared of clippings or debris upon completion. 5.4.3 Contractor shall use reasonable care to prevent clippings and debris from entering adjoining properties. 5.5 Documentation: 5.5.1 Contractor shall submit invoices via email, itemized by property and include the following: 5.5.1.1 A copy of the task order as received from the City; 5.5.1.2 A digital, date and time -stamped street -view photo identifying the Property; 5.5.1.3 A "before" photo of the grass and weed condition; 5.5.1.4 An "after' photo of the completed Work; 5.5.1.5 The date and time the Work was completed; 5.5.1.6 The total hours required to complete the Work. 5.5.2 An invoice is not complete until it contains all documentation required by Sectio n5.5.1. The City's payment period does not begin until the City receives a complete and accurate invoice. The City may return or reject an incomplete invoice. 6. Insurance: Contractor shall maintain insurance as required by the attached Appendix A, Insurance Schedule F, which is incorporated into this Agreement, throughout the Term and while performing any Work. Before performing Work upon each policy renewal, Contractor shall the City's Housing and Community Development Department with a certificate of insurance demonstrating compliance with Appendix A. Contractor shall not perform Work while required insurance is not in effect. 7. Indefinite Quantity Agreement: This is an indefinite delivery, indefinite quantity contract. The City does not guarantee the number, frequency, or value of Task Orders except for the Minimum Agreement Value stated below. Contractor shall furnish all personnel, equipment, materials, supplies, and services required to complete authorized Task Orders. 7.1 Maximum Agreement Value: The total amount payable for Work performed during each twelve (12)-month performance period shall not exceed $25,000. 2 of 6 7.2 Minimum Agreement Value: Subject to Contractor's continued compliance with this Agreement and ability to timely perform Task Orders, the City shall order or pay for at least $1,500 of Work during each twelve (12)-month performance period. No unpaid minimum is due if the City terminates this Agreement for Contractor default. B. Governing Law: This Agreement is governed by and construed under Iowa law. 9. Venue: Any action arising out of or relating to this Agreement shall be brought exclusively in the Iowa District Court for Dubuque County, Iowa. 10. Compliance with Laws: Contractor shall, at its expense, comply with all applicable federal, state and local laws, ordinances, and regulations, and maintain all licenses and permits required to perform the Work. 11. Independent Contractor: Contractor is an independent contractor and is not an employee, agent, partner, or joint venturer of the City. 12. Indemnification: To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the City and its officers, officials, employees, and agents from claims, damages, losses, liabilities, and expenses, including reasonable attorney fees, but only to the extent caused by the negligent or wrongful acts or omissions of Contractor or anyone for whom Contractor is responsible in performing the Work. This section does not require Contractor to indemnify any person for that person's own negligence. 13. Payment: The City shall pay Contractor within thirty (30) days after the later of (a) the City's acceptance of the Work and (b) the City's receipt of a complete and accurate invoice meeting Section 5.5. 13.1 The City may reject deficient Work or accept any conforming portion of the Work. Acceptance does not waive noncompliance that was not reasonably discoverable at the time of acceptance or Contractor's obligations under this Agreement. 13.2 The City and Contractor agree to an hourly rate of $75.00 per crew hour, regardless of crew size (the "Hourly Rate'). The Hourly Rate includes all labor, materials, supplies, insurance, licenses, delivery, tools, equipment, and all other costs necessary to complete a Task Order. Contractor may bill only for time actually spent performing authorized Work at the Property. 13.3 Contractor shall not perform or charge the City for services outside the authorized scope of a Task Order unless the services are approved in a written change order signed by an authorized City representative before the additional services are performed. 13A The City may withhold any disputed amount for deficient, unauthorized, undocumented, or otherwise noncompliant Work and shall pay an undisputed amount when due. Contractor shall promptly correct deficient Work at no additional cost. 13.5 Knowingly requesting or accepting payment in excess of the value of authorized, completed Work is a material breach of this Agreement. 3 of 6 14. Records: Contractor shall maintain complete records supporting all invoices and compliance with this Agreement for five (5) years after final payment. Upon reasonable notice during normal business hours, Contractor shall make those records available to the City and any authorized state or federal auditor or agency. 1.5.. Equal Employment Opportunity: During the performance of this Agreement and any Task Order, Contractor shall comply with all applicable equal -employment -opportunity and nondiscrimination laws. Contractor shall not unlawfully discriminate against any employee, subcontractor, agent, or applicant on any basis protected by applicable federal, state, or local law and shall include this requirement in each approved subcontract. 16. Termination: The City may terminate this Agreement for convenience upon seven (7) days' written notice to Contractor. The City may terminate this Agreement immediately, or after any cure period the City considers reasonable, if Contractor fails to timely perform, fails to maintain insurance, violates applicable law, or materially breaches this Contract. Upon termination, Contractor shall stop Work as directed and submit a final invoice. Except for the unpaid shortfall, if any, between the Minimum Agreement Value and the amount paid or payable for authorized and accepted Work during the applicable twelve (12)-month performance period following a termination for convenience, the City is liable only for authorized and accepted Work performed before termination. No minimum payment is due following termination for Contractor default. 17. Assignment and Subcontracting: Contractor shall not assign this Agreement or subcontract any Work without the City's prior written consent. Any approved subcontractor must meet all applicable requirements of this Contract. Contractor remains fully responsible for all Work and for the acts and omissions of its subcontractors. 18. Notices: Any notice required under this Agreement must be in writing and delivered personally, by mail or email with confirmation of receipt, to the address or email address stated in the signature blocks. 19. Entire Agreement: This Contract, Appendix A, and issued Task Orders constitute the entire agreement concerning the Work and supersede prior or contemporaneous communications. In the event of a conflict, this Agreement controls unless a written amendment signed by both parties expressly states otherwise. Any amendment or waiver must be in writing and signed by an authorized representative of the party to be bound. 20. Severability: If any provision is unenforceable, the remaining provisions remain effective. A Party's failure to enforce a provision is not a waiver of that provision for any later breach. 21. Counterparts and Electronic Signatures: This Agreement may be executed in counterparts and by electronic signature, each of which is deemed an original and all of which together constitute one instrument. (Signature page to follow) .t APPENDIX A INSURANCE SCHEDULE F CITY OF DUBUQUE Signature: w►L Printed Name: Title: Address: Date: HOYNE LANDSCAPING AND SNOWPLOWING, INC. Signature: Printed Name: T� 4o Title: Pccs s—o CND" Address: 1 "19 X I S • -S0 4r'J 0-t.-ICSrr_, P-A Dater ��- 5 of 6 THE SCIENCE esri- � OF WHERE" Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 41212026 To: 9/29/2026 Material Qty 174382 15 Esri Training Pass per Day Quotation # Q-571538 Date: August 5, 2026 Customer # 27963 Contract # ENTERPRISE AGREEMENT City of Dubuque Information Technology 7850 Chavenelle Rd Dubuque, IA 52002 ATTENTION: Nikki Rosemeyer PHONE: 15635894174 EMAIL: nrosemeyer@cityofdubuque.org Unit Price $1,011.75 Total $15,176.25 Subtotal: $15,176.25 Sales Tax: $0.00 Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00 Total: $15,176.25 This Training Pass is intended for 15 days of instructor -led training classes for a 12-month term from date of purchase. A Customer Service Representative will request that you appoint a Training Pass Administrator. Detailed information about the Training Pass and Training Pass Administrator duties can be found at http://www.esri.com/trainingpass. If you have questions, please contact Esri Training at 1.800.447.9778 x 1-5757. Please see the attached training terms and conditions for attendance, cancellation and payment information. Thank you! Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Email: Phone: Tosca Ruege truege@esri.com (303) 449-7779 x8242 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi -year payment schedule, Esri may invoice at least 30 days in advance of each anniversary date without the issuance or a Purchase Order, and Customer is required to make all payments without right of cancellation. Third -party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. RUEGET This offer is limited to the terms and conditions incorporated and attached herein. THE SCIENCE esri- � OF WHERE" Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 41212026 To: 9/29/2026 Quotation # Q-571538 Date: August 5, 2026 Customer # 27963 Contract # ENTERPRISE AGREEMENT City of Dubuque Information Technology 7850 Chavenelle Rd Dubuque, IA 52002 ATTENTION: Nikki Rosemeyer PHONE: 15635894174 EMAIL: nrosemeyer@cityofdubuque.org If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request. If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order. In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document. BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $ , PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. Please check one of the following: I agree to pay any applicable sales tax. I am tax exempt, please contact me if exempt information is not currently on file with Esri. I 41 Sig ture of Authorized R6presenirative Mike Van Milliaen Name (Please Print) Citv Manaaer Title 8/21 /26 Date The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri). Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Email: Phone: Tosca Ruege truege@esri.com (303) 449-7779 x8242 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi -year payment schedule, Esri may invoice at least 30 days in advance of each anniversary date without the issuance or a Purchase Order, and Customer is required to make all payments without right of cancellation. Third -party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. RUEGET This offer is limited to the terms and conditions incorporated and attached herein. Dubuque THE CITY OF DUB E uAe Masterpiece on the Mississippi 300].2012.2013 2017.2019 City of Dubuque Parks & Recreation 2200 Bunker Hill Rd. Department (address) Dubuque, ]A 52001 Phone # 563-589-4263 CITY OF DUBUQUE, IOWA SHORTFORM PUBLIC IMPROVEMENT CONTRACT PROJECTS ESTIMATED AT LESS THAN $100,000.00 Check Appropriate Box El Estimate under $25,000.00 ❑ Estimate between $25,000.00 and $99,999.99 THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and Dubuque Plumbing and Heating (Contractor) at (Contractor Name) 205 Stone Valley or (Contractor's Address - City and State) PROJECT TITLE: Flora Water Playground Pipe Leak Repair (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: the repair of the leaking waterline for the water playground at Flora Pool The work described above shall be completed at the following location(s): Flora Pool 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? ❑ Yes El No If yes, Bond Form is required, see Exhibit B. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. 5. Three (3%) of the Contract price may be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Manager to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Contract and the project description described in Section 1 and the Contract Documents outlined in Section 2 and agrees not to plead misunderstanding or deception. 7. The Contractor shall guarantee for a period of two years and make good any other defect in any part of the Project due to improper construction or material performance notwithstanding the fact that said Project may have been accepted and fully paid for by the City. The guarantee shall commence on the date that the City pays full compensation for the complete performance of this contract. 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 _, 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: $ 25,000 CITY OF DUBUQUE, IOWA El"'Me � I, 8/21 /26 Date CONTRACTOR: Dubuque Plumbing and Heating Company Name y= e By: Z 8/21/2026 Signature Date Travis Kraus Printed Name Sr. Project Manager Title THE CITY OF DUB E Masterpiece on the Mississippi TO: Mike Van Milligen, City Manager FROM: Nathan Steffen PE, Acting City Engineer DATE: August 27, 2026 Dubuque All -America ClW 2007-2012.2013 2017*2019 RE: Request to Sign Contract — Sanitary Sewer Repairs behind 3505 Crescent Ridge Attached is the Short Form Public Improvement Contract between the City of Dubuque and McDermott Excavating of Dubuque, IA to perform repairs on approximately 24 feet of collapsed 8-inch sanitary sewer main behind 3505 Crescent Ridge that was discovered by the Public Works department during a routine maintenance inspection. 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, PW Dept. Mykalia Bauer, Eng. Dept. THE C DUUB-*TE Masterpiece on the Mississippi Dubuque 2007.2012.2013 2017•2019 City of Dubuque Engineering Department (address) Dubuque, IA 52001 Phone # 563-589-4270 CITY OF DUBUQUE, IOWA SHORT FORM PUBLIC IMPROVEMENT CONTRACT PROJECTS ESTIMATED AT LESS THAN $100,000.00 Check Appropriate Box 0 Estimate under $25,000.00 ❑ Estimate between $25,000.00 and $99,999.99 THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and McDermott Excavating (Contractor Name) 11672 Airborne Rd, Dubuque, IA 52003 (Contractor's Address - City and State) PROJECT TITLE: Sanitary Sewer Repairs (Contractor) at (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: Repair approximately 24 feet of collapsed 8 inch sanitary main behind 3505 Crescent Ridge, discovered by Public Works during routine sewer maintenance. Replace 8 inch clay sewer main with 8 inch SDR 26 PVC sewer main. Restore all of disturbed areas with top soil and hydro -seeding. Also raise two sanitary manholes in area which are buried and currently not accessible. The work described above shall be completed at the following location(s): Behind 3505 Crescent Ridge. 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? ❑ Yes El No If yes, Bond Form is required, see Exhibit B. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. 5. Three (3%) of the Contract price may be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Manager to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Contract and the project description described in Section 1 and the Contract Documents outlined in Section 2 and agrees not to plead misunderstanding or deception. 7. The Contractor shall guarantee for a period of two years and make good any other defect in any part of the Project due to improper construction or material performance notwithstanding the fact that said Project may have been accepted and fully paid for by the City. The guarantee shall commence on the date that the City pays full compensation for the complete performance of this contract. 8. The Contractor shall fully complete the Project under this Contract on or before September 15, 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 CITY OF DUBUQUE, IOWA Date $ 23,800.00 CONTRACTOR: McDermott Excavating Company Name ��//', By:ga'd�'�Z' C. -;'` Z�)iL1 &-8/26/26 S nature Date Jason C. McDermott Printed Name Supervisor Title EXHIBIT A CONSENT DECREE RELATING TO THE CITY OF DUBUQUE, IOWA WATER & RESOURCE RECOVERY CENTER AND SEWER COLLECTION SYSTEM NO CONTRACTOR OR CONSULTANT MAY PERFORM ANY WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SEWER CONNECTION SYSTEM UNLESS A SIGNED COPY OF THIS DOCUMENT IS RETURNED TO THE CITY OF DUBUQUE ENGINEERING DEPARTMENT The City of Dubuque, Iowa has entered into a Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under contract with the City to perform the obligations of the Consent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to perform work required by the Consent Decree. A copy of the Consent Decree can be found at http://www.citVofdubugue.org/DocumentCenter/Home/View/3173. A paper copy is available upon request from the City of Dubuque Engineering Department. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five years after the termination of the Consent Decree, the City shall retain, and shall instruct its contractors and agents to preserve, all non -identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information -retention requirement shall apply regardless of any contrary City, corporate or institutional policies or procedures. At any time during this information -retention period, upon request by the United States or the State, the City shall provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information -retention period, the City shall notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City shall deliver any such documents, records, or other information to the EPA or IDNR. Bond No. 2686714 EXHIBIT B PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That we, MDE LLC dba McDermott Excavating , as Principal (hereinafter the "Contractor" or "Principal") and West Bend Insurance Company , as Surety are held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of Twenty -Three Thousand Eight Hundred dollars ($ 23,800 ), 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 J q+"' day of )91At&5f' , 20 X&, (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 Sanitary Sewer Repairs 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: 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. Crescent Ridge 3505 Witness our hands, this �+ day of 6 LAq U,S+' 20 ate-, SURETY COUNTERSIGNED BY: Signature of Agent Printed Name of Agent Company Address City, State, Zip Code Company Telephone Number PRINCIPAL: MDE LLC dba McDermott Excavating Contrac Co C - ature JaSc^ C. Mr )Rrw\o`l' Printed Name S���rV► SGr' Title FORM -it -•VED BY: Representative for Owner SURETY: West Bend. Insurance Company Surety Compp my f", r By. _ 5inau e Attorney-i -Fact Officer Krystal Burke Printep 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: 1. All signatures on this performance, payment, and maintenance Bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. 3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. WEST BEND° POWER OF ATTORNEY Bond No. 2686714 Know all men by these Presents, that West Bend Insurance Company (formerly known as West Bend Mutual Insurance Company prior to 1/l/2024), a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: Krystal Burken lawful Attomey(s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Thirty Million Dollars ($30,000,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Insurance Company by unanimous consent resolution effective the let day of January 2024. Appointment of Attorney -In -Fact- The president or any vice president or any other officer of West Bend Insurance Company may appoint by written certificate Attorneys -In -Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures orfacsimile seal shall be valid and binding upon the company, and any such powerso executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment maybe revoked, for cause, or without cause, by any said officer at any time. Any reference to West Bend Mutual Insurance Company in any Bond and all continuations thereof shall be considered a reference to West Bend Insurance Company. In witness whereof, West Bend Insurance Company has caused these presents to be signed by its president undersigned and its corporate seal to be hereto duly attested by its secretary this 1st day of January 2024. , hiiilrrif..,: Attest Christo her C. Z III Secretary State of Wisconsin County of Washington irk' �- 4'O�`9rC"'��•a•J Robert J. Jacques President On the 1 a day of January 2024, before me personally came Robert Jacques, to me known being by duly sworn, did depose and say that he is the President of West Bend Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. 0%iiiiln,,,Of�- Ala /BI.<<+� ad Porporate Attorney OF 1 ��•Public, Washington Co., WI 'ounl4;11111 My Commission is Permanent The undersigned, duly elected to the office stated below, now the Incumbent in West Bend Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. fiV-, Signed and sealed at West Bend, Wisconsin this I day ofy�S� ai - 3rt !„j= Christop er C. Z �`� �tr•� Secretary While a bond(s) is active, a bonded principal is a member of Ylest Bend Mutual 1-idding Company. Please visit hops://www.thesilvedining.conVannual-meeUng for details regarding the annual membership meeting and your :oUna rights. 1900 S 18th Avenue I West Bend, WI 53095 1 Pho:m. (800) 236-5010 1 Fax: (877) 674-2603 1 www.thestiverlining.com Certification by Contractor or Consultant The undersigned, on behalf of the Contractor or Consultant, with full authority to act on behalf of the Contractor or Consultant, certifies to the City of Dubuque as follows: 1. 1 have received a copy of the Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. All documents, reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. The Contractor or Consultant agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's or Consultant's failure to comply with the Consent Decree. Contractor or Consultant: McDermott By: rL ?�r'lc.»�meit Its: Supervisor Date: 8/26/26 Return signed copy to: Engineering Department 50 W. 13th Street Dubuque IA 52001 MDELLCD-01 LWOOD ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8121 /2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lu Anne Wood NAME: TRICOR, LLC - Dubuque PHONE FAX 600 Star Brewery Drive (A/C, No, Ext): (608) 405-1161 2202 (A/C, No): Suite 110 ADMDRESS: (wood@tricorinsurance.com Dubuque, IA 52001 INSURED MDE LLC dba McDermott Excavating 11672 Airborne Rd Dubuque, IA 52003 INSURER F : Westchester Surplus Lines Insurance Companvl10172 Rf1VFRAnP_Q RFRTIFIRATF NIIMRFR• RFVICI(1N NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LTR INSD WVD MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR CPP2910156 X X 6/1/2026 6/1/2027 DAMAGE TORENTED PREMISES Ea occurrence 300,000 $ MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000'OOO GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � PE0 F—xl LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ X BODILY INJURY Perperson) $ ANY AUTO CA2910135 6/1/2026 6/1/2027 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS P OPER-ent AMAGE $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE CUP2910157 6/1/2026 6/1/2027 DIED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N FMand tory in NH) EXCLUDED? N / A X WCP2910144 6/1/2026 6/1/2027 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE 1,000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ B Pollution Liability G28367466 006 2/1/2026 2/1/2027 $10,000 Ded 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage applies only to the extent provided by the policy and subject to all of the policy terms, conditions, exclusions, endorsements and all applicable laws. Work Comp Excludes Member Tara Duggan. Project Name: Sanitary Sewer Repairs SEE ATTACHED ACORD 101 PFRTIFIrATF wni nFR rAN(`FI I ATInKI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Dubuque Engineering Department Y q 9 9 p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 50 West 13th St. Dubuque, IA 52001 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: MDELLCD-01 LWOOD LOC #: 1 ACORD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED RICOR LLC - Dubuque MDE LLC dba McDermott Excavating q 11672 Airborne Rd Dubuque, IA 52003 Dubuque POLICY NUMBER EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACCRD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: City of Dubuque including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers are additional insured on a primary, non-contributory basis including ongoing and completed operations. Governmental Immunities applies in favor of City of Dubuque. Waiver of subrogation on the Work Comp and general liability policies in favor of the City of Dubuque. Umbrella follows form. Notice of cancel is amended to 30 days. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CHANGE ORDER Change Order No: 2R Date: August 4, 2026 Agreement Date: October 6, 2025 Contractor: Description of Change: No. 21197 Item 16 Joint Restraint, Bell Harness, 12" 1 EA @ $911.00 $911.00 Item 19 Joint Restraint, Megalug, 8" 2 EA @ $78.00 $156.00 Automatic Flushing Device 1 EA @ $80,000.00 $80,000.00 Item 4 Rock Excavation -100 CY @ $65.00 $(6,500.00) Replacement of Unsuitable Backfill Material, GR 12a (Granular Subbase Item 5 Pile) -1393.22 TON @ $17.00 $(23,684.74) Class It, Bedding Material Gradation 30 Item 7 (Granular Base Pile) -2783.96 TON @ $17.00 $(47,327.32) Item 11 Water Main, Trenched, DIP, 16" -102.75 LF @ $123.00 $(12,638.25) Item 14 Fittings by Weight, DI -704 LBS @ $6.30 $(4,435.20) Item 15 Joint Restraint, Bell Harness, 8" -7 EA @ $562.00 $(3,934.00) Item 26 Valve, Butterfly, 16" -1 EA @ $6,300.00 $(6,300.00) Item 32 Full Depth Patches HMA -100.67 SY @ $45.00 $(4,530.15) TOTAL. CHANGE ORDER NO.2R ($28,282.66) Justification for Change: Item 16 and Item 19 - Field conditions required extra Joint Restraint Megalug, 8", Bell Harnes, 12" and Water Main, Trenchless, DIP, 8". Justification for Automatic Flushing Device: The City is requesting that an Automatic Flushing Device be installed near the end of the water main extension included in this project to maintain water quality until the next phase of the planned water main extension is completed. The installation will require extending a discharge pipe down the roadway slope to near the bottom of the ditch to allow the discharged water to enter the roadway ditch without causing erosion down the roadway embankment. Items 4, 5, 7, 11,14, 15, 26 & 32 — Quantity of certain bid items that are not being used in full on the project. Change in Contract Price: The amount of the contract will be decreased by this change order by the sum of Twenty -Eight Thousand Two Hundred Eighty -Two Dollars and 66/100 Dollars $(28,282.66) I-1 Change Order No. 2R Page 2 Adjustment in Amount of Contract: 1. Amount of Original Contract 2. Net (Addition) (Reduction) due to all previous change orders 3. Amount of contract not including this change order 4. Reduction to contract due to this change order 5. Amount of contract including this change order Change Order Conditions: $ 1,487,135.00 $ 0.00 $ 1,487,135.00 $ (28,282.66) $ 1,458,852.34 The contract completion period established by the original contract and previous change orders will be increased. The final completion date, prior to this change order, was June 1, 2026. The final completion date as affected by change order 1 is August 1, 2026. Work performed under this change order will be subject to all the requirements as stated herein and in the contract documents and all change orders. The Contractor expressly agrees that he will place under coverage of his Contractor's Improvement Bond and insurance all work covered by this change order. All work performed under this change order shall be performed in accordance with the requirements of this change order, the plans, the specifications, and the contract documents. Recommended for Acceptance: ORIGIN DESIGN CO. I hereby certify that this engineering document was prepared b me or Y g g p P Y IfONq� �i, under my direct personal supervision and that I am a duly licensed Q�ZF1ESS Professional Engineer under the laws of the State of Iowa. = MARC D. rn FOR ORIGIN DESIGN CO. _ _ RUDEN 2 _ = 19249 8/25/2026 Marc Ruden, P.E. Date OWN ��` License Number 19249 �»►���`� My license renewal date is December 31, 2026 Pages or sheets covered by this seal: Change Order No. 2R Accepted and/or Requested: CONTRACTOR: TOP GRADE EXCAVATING BY Signature NAME Nick Bockenstedt Type or Print TITLE Vice President I-2 Change Order No. 2R Page 3 Accepted and/or Requested: OWNER CITY OF DU13UQUE NAME: TITLE: DATE I-3 5. MU'R.Al Type or Print _ 971 9TH AVE NW ❑ . PO BOX 356 PARLEY, IA 52046 EXCAVAT 1 N G FAXON 855) 884 2769 WWW.TGEXCAVATlNG.COM To: City of Dubuque Water Department Contact: Chris Becklin - Orgin Design Address: 925 Kerper Court Phone: Dubuque,IA 52001 Fax: Project Name: North English Water Main Extension Bid Number: Project Location: English Mill Rd, Dubuque, IA Bid Date: 6/5/2026 Line # Item # Item Description Estimated Quantity Unit Unit Price Total Price 1 Change Order Flushing Device 1.00 EACH Includes Flushing Device Includes - Maintains Chlorine Residuals Automatically - Dechlore Siphon Feeder - Built For Cold Climates With Freeze Protection And A Heater - Wireless Monitoring - Saves Water With Only Flushing When Chlorine Residuals Actually Require It Mobilization Install Flushing Device - Install Discharge Pipe Install Rip Rap Seed And Mulch Total Bid Price: Notes: • Not Included: Any Performance and Payment Bonds • Not Included: Any Required Permits • Not Included: Traffic Control or Flaggers • Not Included: Any Surveying or Layout • Not Included: Any Testing or Sampling of Materials • Not Included: Cold Weather Protection for Paving or Subgrade • Not Included: Removal of Hazardous or Contaminated Materials • Not Included: Over -Excavation of Poor Soils Payment Terms: Payment due within 30 days of date of invoice, regardless of when payment is made by Owner. ACCEPTED: The above prices, specifications and conditions are satisfactory and hereby accepted. Buyer: Signature: Date of Acceptance: CONFIRMED: Top Grade Excavating Authorized Signature: Estimator: Nick Bockenstedt (563)542-3306 n $80,000.00 $80,000.00 $80,000.00 6/8/2026 9:09:09 AM Page 1 of 1 16" PLUG RESTRAIN ALL JOINTS WITHIN 125 FT. (16" PLUG �ll Class E Rip Rap, 8'x12', 1.5' - 2' ess, with Engineer's fabric \ \ Ex RIP — \ \ RAP thicknZ ( HORIZONTAL SCALE IN FEE1 '\ 13 0 20 4( 8" SDR 26 PVC pipe X BOX CULVERT \ J —. \. — _ -r _, DRAWING MAY HAVE BEEN REM 60 RCP__FEs FL- 753.03-' _ •� � � it � � � Kupferle #9800i-WC-24H Automatic Flushing Device, to — include standard air gap with RAP \ 00 /1 _ \\ \ RCP FL- 753.12 / dechlore screen, pressure — ` (I x — \ J 6.1 sensor, free chlorine sensor — — 61 J \ o _ WM STA 60+00.48 —765_ — 2" curb stop and box WM STA STA 60+05.34, — — — — — — — � � 0 o i _ W - �_ — NOTE 4 W +_�_ 16" DIP o �,_WV 60 (6") W I►V W o = WM STA 60+00.50, 4.02' - — z o — t —1 W W W ri — W —� W W I— w o w oR _ IW — - —I w WI — w W � W WM STA 60+00.51, 6.00' — — GND 774.40 - RESTRAIN ALL JOINTS 2" copper service line tapped FROM TEE TO HYDRANT into plug with Corp stop BEND 60 (45'-6") \ WM STA 60+00.48, 1.46' \ 0 \ o — — — BEND 61 (45'-16") _ — — \ W M STA 65+18.59 — — — — — _ RESTRAIN ALL JOINTS — WITHIN 13 FT. / NOTES: — — — — NENGLISHRD 1. THE LOCATION OF UTILITIES INDICATED ON THE PLAN ARE TAKEN FROM FIELD MEASUREMENTS &EXISTING PUBLIC RECORDS. ADDITIONAL \ _ —— FACILITIES OTHER THAN THOSE SHOWN MAY BE PRESENT. THE UTILITIES \ — PRESENT MAY NOT EXIST AS SHOWN. IT SHALL BE THE DUTY OF �- ANYONE MAKING USE OF THESE PLANS TO ASCERTAIN THE EXACT \ LOCATION, SIZE, AND ELEVATION OF ALL UTILITIES PRESENT. / 2. ALL CROSSINGS OF EXISTING UTILITIES SHALL BE FIELD VERIFIED FOR LOCATION AND ELEVATION. 3. LIDAR DATA USED FROM STA. 60+00 TO STA. 65+50 WAS UTILIZED TO CREATE THE EXISTING GRADE CONTOURS. NOTIFY ENGINEER IF SIGNIFICANT DISCREPANCIES ARE FOUND DURING CONSTRUCTION. 4. CONTRACTOR SHALL COORDINATE WITH BLACK HILLS ENERGY FOR GAS MAIN nRnCCIN(. ('.nNTPAr..Tna Tn PnTW()l F (.Ac MAIN Tn VFRIFY -..,.. 60+00 60+50 61 +00 61 +50 62+00 62+50 63+00 63+50 64+00 64+50 65+00 65+50 >OL3 Q 0 MA it DESIGN TEAM CITY OF DUBUQUE WATER DEPARTMENT I DUBUQUE COUNTY I PROJECT NUMBER: 21197 I WATER MAIN PLAN AND PROFILE I SHEET: MWM.02 I REV. 01 -1 P- ■ eq, i , a AGREEMENT FOR SERVICES BETWEEN CITY OF DUBUQUE AND THE EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION This Agreement ("Agreement"), by and between the East Central Intergovernmental Association ("ECIA") and the City of Dubuque (the "City"), requesting ECIA's assistance and technical services, is entered into on the 1ST day of September 2026. SECTION 1. Scope of Services ECIA will provide and perform the necessary services set forth in the Scope of Services (Attachment A) (the "Services"). If the scope of services exceeds those services listed in Attachment A for any reason, ECIA and the City will adjust the project cost to a cost that is mutually agreed upon by the Parties. The ECIA staff assigned to this Agreement agree to meet with the City on an as -needed basis throughout the contract period to review progress and performance on the activities listed in the Scope of Services (Attachment A). SECTION 2. Time of Performance ECIA will commence performance under this Agreement September 1, 2026, through June 30, 2027, unless earlier terminated or extended in accordance with this Agreement. The term may be extended upon mutual agreement of the Parties. SECTION 3. Method of Payment and Hours Worked ECIA staff will perform services only as requested by the City. ECIA will bill the City only for Services actually performed at the rate set forth in Attachment A. ECIA will invoice the City monthly and will provide a detailed invoice identifying the Services performed and hours billed. Payment is due within thirty (30) days after the City's receipt of a complete and accurate invoice. SECTION 4. Personnel ECIA represents that it currently employs or will acquire as needed during the performance of this Agreement, all personnel necessary for the timely and successful performance of this Agreement. The personnel, whether existing or newly acquired, are ECIA employees and will remain ECIA employees regardless of any work or services such employees perform in connection with the project. Nothing contained in this Agreement shall be construed as creating any agency, -1 P- ■ e,ci , a partnership, joint venture or other form of employment or fiduciary relationship between the Parties. SECTION 5. Property ECIA is responsible to acquire or use existing property, real or personal, as it deems necessary in the performance of work under this Agreement. SECTION 6. Confidentiality and Data Security In performing the Services, ECIA may receive or assess applicant records and other information containing personally identifiable, financial, or other sensitive information ("City Data"). ECIA shall use City Data solely for purposes of performing the Services under this Agreement and shall limit access to personnel who need access to perform those Services. ECIA shall maintain reasonable administrative, physical, and technical safeguards appropriate to the nature of the information, including secure storage, transmission, handling, and disposal of electronic and hard -copy records. ECIA shall not disclose City Data except as necessary to perform the Services or as required by applicable law. ECIA shall promptly notify the City of any actual or reasonably suspected unauthorized access, use, disclosure, loss, or destruction of City Data and shall cooperate with the City in responding to the incident. Upon expiration or termination of this Agreement, ECIA shall return City Data to the City or, if authorized by the City and permitted by applicable law, securely destroy it. Nothing in this Section requires either Party to withhold a record that applicable law requires it to disclose. SECTION 7. Termination by City 7.1. The City may, by thirty (30) days' written notice to ECIA, terminate this Agreement in whole or in part at any time: a) For the City's convenience, b) For the failure of ECIA to fulfill its obligations under the contract, or c) As the funding source for the contract ceases to exist. Upon receipt of such notice, ECIA will: (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) within thirty (30) calendar days after receiving the termination notice, deliver to the City all data, files, and other materials related to ECIA's performance of this Agreement subject to Section 6. 7.2. Upon termination, ECIA will be paid for services actually performed through the effective date of termination at the rate set forth in Attachment A. 7.3. If the City elects to terminate this Agreement pursuant to Section 7.1(b), upon receipt of written notice of termination from the City, ECIA will have ten (10) days to cure any breach cited by the City in its notice of termination to the satisfaction of the City in its sole discretion. If the City deems any such breach cured, it must notify ECIA in writing that ECIA's efforts to cure are acceptable and that performance under this Agreement will continue. SECTION 8. Termination by ECIA 8.1 ECIA may terminate this Agreement by thirty (30) days' written notice to the City for the following reasons: a) Both Parties agree that a continuation of this Agreement will not be in the best interests of the City; or b) ECIA ceases to exist or it is restricted or prohibited by its governmental authorities from continuing to provide Services under this Agreement. 8.2 Upon termination by ECIA, ECIA will be paid for Services actually performed through the effective date of termination at the rate set forth in Attachment A. SECTION 9. Political Activity No portion of the City's payment to ECIA may be used for any partisan political activity or to further the election or defeat of any candidate for public office, or to further the election or defeat of any cause subject to public vote. SECTION 10. Miscellaneous 10.1. Force Majeure. In the event that ECIA is delayed or hindered in or prevented from the performance of any act by an occurrence beyond the reasonable control of ECIA and without its fault or negligence, including but not limited to strikes, lockouts, labor troubles, unavailability or excessive price of fuel, power failure, riots, insurrection, war, terrorist activities, chemical explosions, hazardous condition, fire, weather, or acts of God, then performance of any such act will be extended for a period equivalent to the period of such delay. 10.2. Entire Agreement. This Agreement constitutes the entire Agreement of the Parties and supersedes all prior agreements. 10.3. Modifications. This Agreement may not be modified, except in writing, signed by ECIA and the City. 10.4. Applicable Law and Venue. This Agreement is governed by the laws of the State of Iowa and venue for any action with respect to this Agreement is the District Court of Dubuque County, Iowa. 10.5. Authority. The City and ECIA represent that each, respectively, has full right, power and authority to execute this Agreement. 10.6. Severability. If any term of this Agreement is found to be void or invalid, such invalidity will not affect the remaining terms of this Agreement, which will continue in full force and effect. 10.7. Consent or Approval. In any case where the approval or consent of the City or ECIA is required or requested under this Agreement, such party shall not unreasonably delay or otherwise withhold its approval or consent. 10.8. Notices. All notices and correspondence related to this Agreement shall be sent to the following: ECIA: Mae Hingtgen, Executive Director ECIA 7600 Commerce Park Dubuque, Iowa 52002 City: Gina Bell, Sustainability Director City 50 West 13t" Street Dubuque, Iowa 52001 10.9. Indemnification. To the extent permitted by law, each Party shall indemnify and hold harmless the other Party and its officers, officials, employees, and agents from and against any third -party claims, damages, losses, liabilities, and reasonable costs and expenses arising out of or resulting from the negligent or wrongful acts or omissions of the indemnifying Party or its officers, officials, employees, or agents in the performance of this Agreement, but only to the extent caused by such acts or omissions. Neither Party shall be required to indemnify the other Party for claims, damages, losses, liabilities, costs, or expenses arising from the negligence or wrongful acts or omissions of the other Party or its officers, officials, employees, or agents. Nothing in this Agreement shall be construed as a waiver of any defense, immunity, limitation of liability, or other protection available to either Party under Iowa Code chapter 670 or other applicable law. 10.10. Counterparts. This Agreement maybe executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by E-mail or other comparable means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement. City By: k_�_ City Aut6rized Representative 4.Tart_ / 1, Attest: Date: 8 28 26 ECIA By: /� 4 ;11 � h Mae Hingtgen, Executive Director Attest: Matt Specht, Director, CD/ED ecia Expanding Possibilities ATTACHMENT A SCOPE OF SERVICES The East Central Intergovernmental Association (ECIA) shall provide ECIA staff assistance to support applications, eligibility review, installation facilitation, applicant follow-up, outreach coordination, and related services as requested by the City, including, but not limited to, the following activities: Project Management — Energy Savers 1. ECIA staff in the Community and Economic Development department will serve as the primary contact. 2. ECIA staff will provide assistance with applications, eligibility, installation facilitation, and follow-up. 3. ECIA staff will be available on an as -needed basis through the end date of this Agreement or project completion. 4. ECIA staff contact information will be made public and available in outreach materials so applicants may contact ECIA staff directly. 5. ECIA staff will assist applicants with paperwork by mailing packets, maintaining contact with applicants, and conducting site visits as needed. 6. ECIA services will be billed at a rate of $101.00 per hour. Dubuque THE C DuUB%FE AIAw1e� GO 'I11I.1 2007-2012.2013 2017*2019 Masterpiece on the Mississippi City of Dubuque Dept: 53/46 50 W. 13t" Street Dubuque, IA 52001 Phone # 563-690-6463 CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT THIS VENDOR SERVICE AGREEMENT (the Contract), between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and Vrban Fire Protection (Vendor) at (Vendor Name) 1714 Fifth Street, Suite 1, Coralville, Iowa 52241 (Vendor Address - City and State) PROJECT TITLE: Annual Testing of Standpipe for Transportation Services (Project) For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: VENDOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for: Annual Testing of Standpipe for Transportation Services, Service and Repairs to Sprinkler System for Transportation Services locations. The work described above shall be completed at the following location(s): JOTC, Intermodal Faciltity, All Parking Ramps including Port Ramp, 5th St Ramp, Five Flags Ramp, Central Ramp, Locust St Ramp, Iowa St Ramp The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque, just as much as if the detailed statements thereof were repeated herein. Page 1 of 13 2. Contract Documents shall mean and include the following where applicable: Documents listed in bold should be attached to this document upon submission. • Request for Proposal (or procurement documentation) • This Contract; • Ordinances and resolutions heretofore adopted by the City Council having to do with this Project; • The Vendor's Proposal; • Plans and Specifications; • General Requirements as adopted by the City Council for the Project; • Terms and Conditions (Exhibit A); and • Insurance Schedule G for Vendors (Exhibit B) or Insurance Schedule J for Professional Services (Exhibit C). Check Appropriate Box 0 Insurance Schedule G — Vendors ❑ Insurance Schedule J — Professional Services • Other: 3. All materials used by the Vendor on this Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Vendor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Vendor. 5. The Vendor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 of this Agreement and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 6. The Vendor shall fully complete the Project under this Contract on or before 6/30/2027 (DATE) 7. Indemnification; Liability for City Damage A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or 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. Page 2 of 13 8. Prior to the commencement of any work on this Project and at all times during the performance of this Contract, the Vendor shall provide evidence of insurance which meets the requirements of the City's Insurance Schedule G or Insurance Schedule J attached to this Contract. Check Appropriate Box Z Insurance Schedule G — Vendors ❑ Insurance Schedule J — Professional Services 9. The Vendor agrees that no work under this Contract shall commence until the City has authorized said work in writing. Any work started by the Vendor prior the City authorization shall be considered unauthorized and done at the sole risk to the Vendor. 10. Vendor will comply with all federal, state, and local laws and regulations in the performance of this Contract. 11. The City may terminate this Contract with or without cause upon fourteen (14) days' written notice delivered to the Vendor. 12. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be the Iowa District Court for Dubuque County. THE CITY AGREE 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 $ 3,000 CITY OF DUBUQUE, IOWA By: Mi hael C. Van Milligen City Manager VENDOR: 09/01/2026 Vrban Fire Protection Date Company Name By: Signature Printed Name Title Date Page 3 of 13 EXHIBIT A 11114:7M6'V_1LII1Z9191LIQ111 M Z6*1 The following Terms and Conditions apply to City of Dubuque Transactions: 1. The City of Dubuque is exempt from federal excise tax and Iowa sales tax. 2. The City of Dubuque will not be responsible for payment for any goods delivered without a purchase order. 3. The vendor will send a separate invoice for each purchase order number. All invoices, packages, shipping notices, or the like affecting the order shall contain the applicable purchase order number. The vendor is to submit original invoice to the address shown in the SHIP TO section on the front of this order. 4. No freight or packing charges will be allowed by the City of Dubuque unless specifically authorized. 5. It is understood by the vendor that the cash discount period to the City of Dubuque will date from the receipt of the invoice or from the date of the receipt of the goods, whichever is later. 6. The risk of loss of and damage to the goods which are the subject of this order, regardless of the F.O.B. point, is and will remain with the vendor until the goods are delivered to the destination set out in the order and accepted by the City of Dubuque or the authorized City of Dubuque representative. 7. In the event of the vendor's failure to deliver as and when specified, or to perform as and when specified, the City of Dubuque reserves the right to cancel this order, or any part thereof, without prejudice to its other rights, and the vendor agrees that the City of Dubuque may return part or all of any shipment so made and may charge the vendor with any loss expense sustained as a result of such failure to deliver or to perform. 8. In the event any article, service, or process sold, delivered and/or performed hereunder is covered by any patent, copyright, or application for either, the vendor will indemnify and save harmless the City of Dubuque from any and all loss, cost, or expenses on account of any and all claims, suits, orjudgments on account of the use or sale of such article or the use of such service or process in violation of such patent, copyright or application for either. 9. In the event any article, service, or process sold and delivered or sold and performed hereunder is defective in any respect whatsoever, the vendor will indemnify and save harmless the City of Dubuque from all loss or the payment of all sums of money by reason of all accidents, injuries or damages to person or property that may happen or occur in connection with the use or sale of such article, or process and are contributed to by said defective condition. 10.The vendor agrees not to release any advertising copy mentioning the City of Dubuque or quoting the opinion of any City of Dubuque employee without the prior written authorization from the City of Dubuque. Page 4 of 13 11. The vendor represents and warrants that no federal or state statute or regulation, or local municipal ordinance has been or will be violated in the manufacturing, sale and delivery hereunder. If such violation has or does occur, the vendor will indemnify and save harmless the City of Dubuque from all loss, penalties, or payment of all sums of money on account of such violation. 12. The City of Dubuque may at any time insist upon strict compliance with these terms and conditions notwithstanding any previous custom, practice, or course of dealing to the contrary. 13. The terms and conditions of sale as stated in this order govern in the event of conflict with any terms of the vendor's proposal, and are not subject to change by reason of any written or verbal statements by the vendor or by any terms stated in the vendor's acknowledgement unless same be accepted in writing by the City of Dubuque. 14. Current Safety Data Sheets (SDS), when applicable to the order, must be provided by the vendor in accordance with all regulations. Page 5 of 13 EXHIBIT B INSURANCE SCHEDULE G Vendor shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Vendor Service Agreement dated 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. The service provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Director of Finance and Budget. The service provider must identify or list in writing all deviations and exclusions from the ISO form. 8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this agreement's required limits. 9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Vendor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Vendor. 10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number, and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to written mutual agreement attached hereto. Page 6 of 13 INSURANCE SCHEDULE G (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others endorsement. 7) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer OR If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers' Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 7 of 13 INSURANCE SCHEDULE G (continued) C) POLLUTION LIABILITY Coverage required: _ Yes _ No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) or its equivalent and CG 20 37(competed operations). 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. D) PROFESSIONAL LIABILITY $1,000,000 Coverage required: _ Yes _ No If the required policy provides claims -made coverage: 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. E) CYBER LIABILITY/BREACH $1,000,000 Coverage required: _ Yes _ No Coverage for First and Third Party breach liability including but not limited to lost data and restoration, loss of income and cyber breach of information. F) UMBRELLA/EXCESS $1,000,000 Coverage required: _ Yes _ No The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT Page 8 of 13 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 9 of 13 EXHIBIT C INSURANCE SCHEDULE J shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Project # or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub-subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. 8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. 9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 12. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to written mutual agreement attached hereto. Page 10 of 13 INSURANCE SCHEDULE J (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 4) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 26. 5) Policy shall include Waiver of Right to Recover from Others endorsement. 6) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 13th Street Dubuque, Iowa 52001. B) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on non -owned and hired vehicles. 1) Policy shall include Waiver of Right to Recover from Others endorsement. C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer OR If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers' Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 11 of 13 D) UMBRELLA/EXCESS LIABILITY $1,000,000 The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Non-contributory in favor of the City. E) PROFESSIONAL LIABILITY $2,000,000 If the required policy provides claims -made coverage: 1) The Retroactive Date must be shown and must be before the date of the agreement. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or services. 3) If coverage is canceled or non -renewed and not replaced with another claims -made policy form with a Retroactive Date prior to the date of the agreement, the contractor must provide "extended reporting" coverage for a minimum of five (5) years after completion of the work or services. F) CYBER LIABILITY/BREACH $1,000,000 Yes No Coverage for First and Third Party breach liability including but not limited to lost data and restoration, loss of income and cyber breach of information. Page 12 of 13 Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 13 of 13 AIA Document G802°-2017 Amendment to the Professional Services Agreement PROJECT: (name and address) City of Dubuque = Iowa Amphitheater at Schmitt Island OWNER: (name and address) Cjjy of Dubuque City Hall 50 W. 131' Street Dubuque, IA 52001 AGREEMENT INFORMATION: Date: September 15', 2023 Agreement Tyne: B101 ARCHITECT: (name and address) RDG Planning & Design, Inc. 301 Grand Avenue, Des Moines, IA 50309 RDG's Project Number: R3002.227.00 The Owner and Architect amend the Agreement as follows: AMENDMENT INFORMATION Amendment Number: 005 Date: August 28, 2026 DESCRIPTION AND SCOPE OF AMENDED SERVICES: The Architect's Basic Services shall be amended to include the following additional services beyond the previously anticipated scope: 1. Additional Services — Work Completed Through June 2026 Additional work completed by the Architect as requested between November of 2025 and June of 2026 that has been necessary to support design chafes, respond to changing operational needs, and maintain rp oject momentum, as described below: L.I.. Signage, Digital Displays, Kiosks, Banners and Audiovisual Elements 1.1.1. Provide additional revisions, changes, and coordination for the signage, digital displays, kiosks, banners and audiovisual elements. 1.1.2. Provide consultation related to banner arm options and installation, including: a) Coordination with pedestrian pole manufacturers regarding loading capacities and structural limitations b) Development of conceptual approaches c) Review of alternatives with the Ownership team 1.2. Shade Sail Installations 1.2.1. Provide consultation regarding design revisions, field reviews, contractor coordination, and research of applicable International Building Code requirements to support engineering analysis and implementation. 1.3. Maintenance Building 1.3.1. Provide additional design coordination and consultation beyond previously anticipated scope to support evolving operational preferences related to building layouts, features, and selections. 1.4.Operator Support 1.4.1. Provide o ep rator support service beyond previously anticipated scope, including: a) Rigging coordination b) Loading and ca aci questions c) Operational reviews d) General consultation to assist the Operator in addressing emerging needs and decisions during design and implementation 1.5. Landscape and Site Coordination 1.5.1. Provide additional consultation and coordination related to tree loss and replacement and planting installation changes, including additional site visits to assess installation. 2. Additional Services — Work After June 2026 Additional work completed by the Architect after June of 2026 pertaining to rp oject closeout. AIA Document G8020-2017. Copyright © 2000, 2007, and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. The Architect's compensation and schedule shall be adjusted as follows: Compensation Adjustment: Basic Compensation per Ordinal Agreement (September 15, 2023 $250,000 Scope Adjustment/Credit: Removing Site Survey from Part 1: $52 592 Amendment No. 001 LARril 12.2024 : $1,133,245 Amendment No. 002 (August 13.2024): $102,256 Amendment No. 003 (Januga 16, 2025): $413,233 Amendment No. 004 October 06 2025): $115,804.94 Subtotal Opreviously agreed to Compensation: $1,961,946.94 Amendment No. 005 (August 28, 2026)............................................................................................ Additional Services = Work Completed Through June 2026............................................................... $23,548.50 2) Additional Services = Work After June 2026...................................................................................... $7,500 Subtotal ofAdditional Services, Amendment 005 Scope: $31,048.50 Schedule Adjustment: None. SIGNATURES: RDG Planning & Design, Inc. ARCHITECT (Firm name) SIGNATURE Scott Crawford, PLA, ASLA Principal PRINTED NAME AND TITLE September 1st, 2026 DATE City of Dubuque OWNER (Firm name) SI NATURE PRINTED NAME AND TITLE DATE Total Amended Compensation: $1,992,995.44 AIA Document G802O-2017. Copyright © 2000, 2007, and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA@ Document, or any portion of it, 2 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND ECOSYSTEMS, INC. FOR BIOSOLIDS PROFESSIONAL MANAGEMENT PROGRAM THIS AGREEMENT ( the Agreement), dated for reference purposes the day of , 2026, by and between the City of Dubuque, a municipal corporation located in the County of Dubuque, State of Iowa (Owner) acting through its City Council, and Ecosystems, Inc., an Iowa corporation with its principal place of business at 14246 Keb Lane, Ottumwa, Iowa (ESI). WHEREAS, Owner owns the by-product biosolids as defined in Attachment A and more specifically listed in Attachment B, incorporated herein by reference ( the Biosolids), produced at the Water & Resource Recovery Center (also referred to as the Water Pollution Control Plant); and WHEREAS, Owner has the authority under the laws of the State of Iowa ( the State) and desires to enter into a professional services contract for the management of the Biosolids produced by Owner; and WHEREAS, ESI is experienced in and capable of supplying professional management services to Owner; and WHEREAS, Owner desires to engage ESI to act as its independent professional Biosolids management firm in the hauling, storage, and land application of all Biosolids produced and stored. NOW, THEREFORE, in consideration of the mutual agreements herein contained, and subject to the terms and conditions herein stated, the parties agree as follows: SECTION 1. PURPOSE. During the Term of this Agreement, Owner agrees to engage ESI as an independent professional Biosolids management firm to haul, store, and land - apply Biosolids produced by Owner (the Biosolids Management Program). Each party hereto agrees that it will cooperate in good faith with the other, its agents, and subcontractors to facilitate the performance of mutual obligations set forth in this Agreement. SECTION 2. SCOPE OF SERVICES. The scope of services to be provided by ESI under this Agreement will include the management, equipment, testing, recordkeeping, storage facilities, labor, and land- application of the Biosolids to the extent set forth in Attachment A-1 (Scope of Services). SECTION 3. BIOSOLIDS CONTROL AND REGULATIONS. 3.1. ESI shall manage the Biosolids to meet applicable laws, including but not limited to 40 C. F. R. Part 503 and Iowa Administrative Code Chapter 67, the requirements of Owner's National Pollutant Discharge Elimination System (NPDES) permit No. 3126001, as may be amended from time to time, as well as all other federal, state, and local requirements (Legal Requirements). 3.2. ESI shall be responsible for Owner' s compliance with all Legal Requirements and shall complete all documentation needed for said compliance. 3.3. ESI shall use its best efforts to provide all management at or below a maximum Biosolids production of 46 wet tons per day from the Water & Resource Recovery Center (WRRC).. 3.4. In the event that Abnormal and/or Biologically Toxic Material, as defined in Attachment A, is identified through Biosolids sampling and laboratory analysis, Owner shall promptly notify ESI of the analytical results. Owner shall be responsible for determining and implementing measures at the WRRC to remove, stabilize, and/or reduce such material, as appropriate. ESI shall cooperate with Owner in determining the appropriate management or disposition of Biosolids affected by such material. If such Abnormal and /or Biologically Toxic Material prevents the Biosolids from meeting the requirements applicable to their transportation, storage, land application, or other management under this Agreement, ESI shall not be required to accept or manage the affected Biosolids until Owner determines that the Biosolids may be managed in accordance with applicable regulatory requirements.. 3.5. In the event that violations of Legal Requirements occur on any date after 30 or more days from the commencement of services by ESI under this Agreement, ESI shall be responsible for all fines or damages for such Violations that may be imposed by the federal, state, or local environmental agencies, or private actions, if such violations were within ESI' s control and are the result of ESI' s failure to manage the Biosolids in accordance with the terms of this Agreement. Prior to payment of fines or damages of any kind, ESI reserves the right to contest government or private actions, suits, or proceedings through proper legal procedures. 3.6. During the construction or other modification of the WRRC, Owner and ESI will work together to maintain access and minimize disruption. ESI shall not be responsible for Biosolids violations resulting from Owner's construction activity. SECTION 4. MAINTENANCE. ESI shall keep its vehicles and assigned sections of the WRRC in a clean, neat and orderly condition. ESI shall not perform any maintenance, repair, servicing, or other mechanical work on Contractor -owned or operated vehicles or equipment while on WRRC property. 2 SECTION 5. TESTING AND LABORATORY ANALYSIS. Owner shall collect the Biosolids samples required by Owner's NPDES permit and arrange for the required laboratory analysis, as well as maintain all records associated with such sampling and laboratory analysis. Laboratory procedures and analysis shall conform to the then -current edition of Standard Methods for the Examination of Water and Wastewater or be in accordance with testing requirements of the NPDES permit as they pertain to the Biosolids. Owner shall provide ESI with the results of such laboratory analysis necessary for ESI to perform its obligations under this Agreement and comply with applicable regulatory requirements for Class 1 or Class 2 Biosolids, as applicable. SECTION 6. TECHNICAL SUPPORT. ESI shall provide on -call expertise in Biosolids operations, maintenance, and management as deemed necessary by Owner to ensure performance of Owner's obligations under this Agreement. SECTION 7. STAFFING. 7.1. ESI shall provide an experienced manager with skills to include OSHA compliance, personnel administration, Biosolids treatment, management, land application, transportation, public relations and communications necessary for the management, operation, maintenance, and repair of equipment and manpower. ESI shall also provide personnel with CDL licenses equal to or greater than the level required by the State of Iowa. 7.2 On or before the date services are to commence under this Agreement, ESI shall designate an authorized representative (Authorized Representative) to administer this Agreement. SECTION 8. TRAINING. ESI shall implement a training Program with both classroom and field training for all ESI and Owner staff associated with the operation, maintenance and disposal of Biosolids. The training shall include equipment operation, process management, maintenance and repair, regulations, first aid, safety, emergency response, hazardous material handling, and right -to -know laws. Representatives of Owner may attend training sessions upon Owner' s request. SECTION 9. SECURITY. Owner shall control access to and be responsible for securing the WRRC, including the area designated for ESI's collection of Biosolids. ESI shall comply with all access and security requirements established by Owner while on WRRC property. SECTION 10. ODOR AND NOISE CONTROL. ESI shall operate the assigned sections of the WRRC and ESI temporary storage sites using methods which will minimize odor and noise within the limits and capabilities of the facilities and equipment. Haul trucks shall be covered whenever Biosolids are being hauled. SECTION 11. HAULING TO ALTERNATE LOCATIONS. Owner may elect to divert up to 10 percent of the Biosolids on a monthly basis to an alternate location and /or for an alternate use or demonstration purpose, such as providing digester seed Biosolids to assist in starting up digester systems at other facilities. New processes may also be tested at the WRRC, which may eliminate the need to haul that portion of the Biosolids. ESI will not be entitled to payment for any portion of the Biosolids that are produced by OWNER but do not require transportation or land application by ESI. Owner will work with Contractor to arrange logistics and pricing before implementing any such plan. SECTION 12. TEMPORARY STORAGE AND LANDFILLING. 12.1. The purpose of this Agreement and the Program is to beneficially use Biosolids following best management practices with the primary method being land- application of Biosolids. ESI shall be responsible for identifying, providing, operating, and maintaining sufficient temporary or intermediate storage capacity as necessary to perform the Services under this Agreement, including securing additional storage capacity when necessary. All storage of Biosolids shall be conducted in accordance with applicable federal, state, and local laws, regulations, permits, and requirements. ESI shall be responsible for obtaining and maintaining any approvals, authorizations, or permits required for such storage and for maintaining all records required in connection with the storage and subsequent land application or other authorized disposition of the Biosolids. ESI shall, upon request, provide Owner with information identifying the location and quantity of Owner's Biosolids being stored at each storage location. Temporary or intermediate storage of Biosolids shall not relieve ESI of responsibility for the proper management, transportation, land application, or other authorized disposition of the Biosolids in accordance with this Agreement and applicable regulatory requirements. 12.2. If circumstances beyond ESI's reasonable control prevent land application and make continued storage impracticable, ESI may, with the prior approval of Owner, dispose of Biosolids at the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) landfill, provided DMASWA will accept the material. ESI shall be responsible for all additional costs associated with such disposal, including transportation and tipping fees. 12.3. Other alternative methods or locations for the management or disposal of Biosolids may be utilized by ESI only with the prior approval of Owner and in accordance with all applicable federal, state, and local laws, regulations, permits, and requirements. SECTION 13. REMOVAL PROCEDURE. 13.1. ESI shall haul dewatered Biosolids from the WRRC to the land- application Sites or a temporary Storage Facility at such a rate and in such a manner so as not to interfere with the operations of the WRRC. Hauling from the WRRC shall be scheduled as dewatered Biosolids are produced. WRRC produces Biosolids seven (7) days per week. Dewatering processes are generally operated during normal operating hours; however, dewatering may occur at any time as necessary to support WRRC operations. ESI shall provide hauling services at such frequency and on such schedule as necessary to accommodate WRRC Biosolids production and prevent interference with WRRC operations. ESI may propose alternative hauling schedules, subject to Owner approval and for no additional compensation. 13.2. ESI shall provide the necessary equipment and facilities to ensure its ability to perform the removal operations. Both Owner and ESI shall mutually cooperate to minimize disruption to the other's activities. ESI-owned equipment shall not be stored at the WRRC without prior written authorization of Owner. 13.3. Owner shall convey dewatered Biosolids to ESI's vehicles at the WRRC's designated Biosolids load -out area. Excess Biosolids shall be removed from the vehicle exterior by ESI to prevent spillage during transportation. Tarps or other covering mechanisms must be used at all times during transportation of Biosolids. 13.4. ESI shall be responsible for all damage caused by ESI to City -owned property. SECTION 14. HEALTH AND SAFETY STANDARDS. It shall be ESI's responsibility during the Term to maintain a safety and accident prevention Program that meets the requirements of federal, state, and local codes, and of all other authorities having jurisdiction over this work. The Administrative Code of the Iowa Division of Labor Services, as well as the Safety and Health regulations for construction as issued by the Secretary of Labor under the Occupational Safety and Health Act of 1970, 40 U. S. C. 327, et seq, (OSHA), shall be complied with where applicable to the work. ESI shall comply with the treatment plant safety requirements, as well as any other plant health and safety requirements, while on the plant site. SECTION 15. SANITARY FACILITIES. ESI may use the toilet facilities at the WRRC. ESI and its employees, agents, and subcontractors shall not enter or access any other WRRC buildings, facilities, or areas without the express authorization of Owner. If regulatory agencies require ESI to have other sanitary facilities, it shall be ESI' s responsibility to provide these facilities. SECTION 16. ADMINISTRATIVE FACILITIES. If regulatory agencies require ESI to have other facilities, it shall be ESI' s responsibility to provide these facilities. SECTION 17. This section intentionally left blank. SECTION 18. RESTORATION OF SURFACE. All surfaces at the WRRC which have been disturbed by ESI in the performance of its work must be restored within 30 days by ESI to the condition in which they were found prior to the beginning of the work, reasonable wear excluded. SECTION 19. CLEANING UP WORK. ESI shall at all times keep the loading bays and all storage and land application sites, including all public and private property involved in, or adjacent to the work, free from any rubbish, surplus, or loose materials that have been deposited by its employees, or which have accumulated as a result of the work. ESI shall be responsible for the removal of any spillage on public or private property, including property along any transportation route. SECTION 20. DUST CONTROL. ESI shall take necessary measures to control dust and other nuisances generated by its operations. 5 SECTION 21. VECTOR CONTROL. ESI shall take necessary measures to minimize the presence of vectors such as flies, mosquitoes, and rats at the Biosolids Storage Facility and land -application Sites. SECTION 22. COMMUNICATIONS. ESI shall maintain adequate and timely communication with Owner regarding the performance of services under this Agreement. ESI shall promptly notify Owner of any operational, regulatory, or other issue that may affect ESI's ability to perform its obligations under this Agreement. ESI shall respond promptly to Owner's requests for information and shall provide records, documentation, reports, and other information reasonably requested by Owner regarding the transportation, storage, land application, or other management of Owner's Biosolids. ESI shall promptly notify Owner of any complaint, regulatory inquiry, inspection, alleged violation, spill, release, or other significant incident involving Owner's Biosolids. SECTION 23. REPORTS. 23.1. ESI shall maintain Biosolids management records and shall prepare and submit to Owner a monthly report including a narrative summary of operations and all data required for monthly and annual reporting to local, state, and federal agencies. On official reports, Owner should receive at least 14 days in advance of due dates for review. 23.2. One of ESI's full-time employees knowledgeable about the project shall attend Owner's City Council meetings when requested by Owner. SECTION 24. This section intentionally left blank. SECTION 25. This section intentionally left blank. SECTION 26. LITIGATION SUPPORT. At the request of Owner, and at such costs and fees as Owner and ESI agree, ESI will provide for or arrange, at Owner' s expense, legal, regulatory, and technical assistance in connection with Owner' s defense or prosecution of any third -party actions, claims, suits, administrative, or arbitration proceedings, or investigations whether pending, threatened, or newly initiated and arising out of this Agreement. SECTION 27. ACCOUNTING RECORDS. ESI shall maintain up -to -date financial records as they apply to the terms of this Agreement. All records will be kept in accordance with generally accepted accounting principles. Owner may at its sole cost audit such financial records upon reasonable notice to ESI. SECTION 28. RESPONSIBILITIES OF THE OWNER. 28. 1. Owners Representative. On or before the date services are to commence under this Agreement, Owner shall designate an authorized representative (Owner's Authorized Representative) to administer this Agreement. 2 28. 2. Permits. (1) Owner shall be responsible for obtaining and maintaining all necessary permits and licenses and for the payment of all fees required for the ownership and operation of the Water & Resource Recovery Center. ESI shall be responsible for all costs, including, but not limited to, obtaining and maintaining all necessary permits and licenses and for payment of all fees required for ownership and operation of the Biosolids Storage Facility and Land -Application Sites, transportation and land -application of the Biosolids, and equipment used by ESI in connection with this Agreement. (2) Owner operates the WRRC pursuant to NPDES Permit No. 3126001, effective April 1, 2025 through March 30, 2030. ESI shall perform the Services in accordance with the requirements of the NPDES permit applicable to the management of Biosolids. Any material changes to the Scope of Services resulting from future modifications to or reissuance of the NPDES permit shall be addressed by mutual written agreement of the parties. 28.3. Compliance With Laws. Owner shall comply with all applicable local, state, and federal laws, codes, ordinances, and regulations as they pertain to the Water & Resource Recovery Center. ESI shall comply with all applicable local, state, and federal laws, codes, ordinances, and regulations as they pertain to the Biosolids Storage Facility and Land -Application Sites and ESI's performance under this Agreement. 28.4. Taxes. Owner shall be responsible for all real estate and property taxes, utility, excise, and sales taxes for the WRRC. ESI shall be responsible for all real estate and property taxes, utility, excise, and sales taxes for any temporary storage facilities and Land -Application Sites and ESI's performance under this Agreement. 28.5. Support. Owner shall operate the Biosolids dewatering and conveyance equipment and load dewatered Biosolids into ESI's vehicles at the WRRC's designated Biosolids load -out area. ESI shall not operate Owner's Biosolids dewatering or conveyance equipment unless expressly authorized by Owner. Owner shall not operate ESI's vehicles or equipment. Owner shall provide ESI with information reasonably necessary for ESI to perform its obligations under this Agreement. 28.6. Payment Of Invoices. Owner shall be responsible for promptly paying all amounts due ESI under this Agreement. Upon presentation of invoices by ESI, all payments and other compensation shall be due and payable within thirty (30) days of invoice or a late penalty, defined in the Compensation section of this Agreement, may apply. 28.7. Notice of Litigation. In the event that Owner or ESI has or receives notice of or undertakes the prosecution of any actions, claims, suits, administrative or arbitration proceedings, or investigations in connection with this Agreement, the party receiving such notice or undertaking such prosecution shall, as soon as practicable, give the other party notice of such proceedings and will inform the other party in advance of all hearings regarding such proceedings as such hearings may apply to ESI under this Agreement. 7 SECTION 29. TERM AND RENEWAL. 29.1. Term. The initial term of this Agreement shall commence on the day of 2026. Performance of the Scope of Services shall commence on September 9, 2026 (the "Commencement of Services Date") and shall terminate at midnight on April 30, 2027, unless earlier terminated in accordance with this Agreement or extended by mutual written agreement of the parties. SECTION 30. DEFAULT. 30.1. Events of Default Defined. The following shall be "Events of Default' under this Agreement and the term " Event of Default' shall mean, whenever it is used in this Agreement, any one or more of the following events: (1) Failure by ESI to substantially observe or perform any other material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. (2) Failure by either party to comply with the terms, conditions, duties and obligations set forth in this Agreement. 30.2. Remedies on Default. Whenever any Event of Default referred to in Section 30.1 of this Agreement occurs and is continuing, the party asserting default may take any one or more of the following actions after the giving of written notice of the Event of Default to the party allegedly in default, but only if the Event of Default has not been cured within sixty (60) days following such notice, or if the Event of Default cannot be cured within sixty (60) days and the party allegedly in default does not provide assurances that the Event of Default will be cured as soon as reasonably possible thereafter: (1) The party alleging default may suspend its performance under this Agreement until it receives assurances from the other party, deemed adequate by the party making the allegation, that the party allegedly in default will cure its default and continue its performance under this Agreement; (2) The party alleging default may cancel and rescind this Agreement; (3) Either party may take action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. (4) Notwithstanding the foregoing, if Owner determines in its sole discretion that the Event of Default requires immediate action and ESI does not perform such immediate action, Owner may take such action as it determines necessary to cure the Event of Default and assess the costs to ESI. (5) Not less than seven (7) days after giving ESI a notice of an Event of Default, ESI shall provide unrestricted access to and use by Owner of the Storage Facility. 9 30.3. Notwithstanding the foregoing, if the Event of Default results in Owner being in violation of the NPDES Permit or the Consent Decree, Owner may terminate this Agreement immediately. SECTION 31. ASSIGNMENT OF LEASES AND AGREEMENTS. ESI shall provide Owner with copies of all leases and other agreements to which ESI is a party relating to the performance of this Agreement. Upon termination of this Agreement, ESI shall assign to Owner such leases and other agreements as Owner shall require. SECTION 32. COMPENSATION AND PAYMENT. Owner shall pay ESI "per wet ton" fees for Biosolids transportation and land -application, based on scale slips from a mutually agreed upon scale site. Upon presentation of invoices and scale slips by ESI, Owner shall pay $37.00 per wet ton. Payments which are delinquent for more than thirty days shall accrue interest at one and one-half (1-1/2) percent per month. SECTION 33. OTHER COST AND EXPENSES. 33.1. ESI shall pay all expenses required for the normal and routine management, operation, rent and maintenance of the Storage Facility and Land -Application Sites and equipment including, but not limited to: personnel costs, fuels, chemicals, repairs due to ESI negligence or damage, laboratory analysis and expendable supplies. 33.2. Unless otherwise agreed in writing by the parties, ESI will not be required to pay the following: (1) Expenses resulting from a change in the Scope of Services (2) Expenses resulting from a change in Owner's NPDES permit, law, or regulations by any federal, state, or local agency or authority. (3) Expenses resulting from the handling and /or disposal of Abnormal and /or Biologically Toxic Materials, as defined in Attachment A. SECTION 34. CHANGES IN SCOPE OF SERVICES. 34. 1. No change in the Scope of Services or Compensation shall be effective except by written amendment to this Agreement. 34.2. A change in the Scope of Services includes, but is not limited to, requests for additional service by Owner or additional costs incurred by ESI for (a) treating Abnormal or Biologically Toxic Material; (b) meeting new or changed government regulations or reporting requirements, including increased testing cost (but not including third party lab price increases), changes in allowable metals which increase the cost of disposing of Biosolids; or (c) modification of the Storage Site once constructed. E SECTION 35. INDEMNIFICATION. 35.1. ESI agrees to defend, indemnify, and hold Owner, its elected and appointed officers, and employees, harmless from and against any and all claims for damages of any kind caused by or arising out of the performance of services under this Agreement of ESI, its officers, agents, employees, or anyone under ESI's control in the performance of its services under this Agreement. 35.2. Owner agrees to defend, indemnify, and hold ESI, its officers, and employees, harmless from and against any and all claims for damages of any kind caused by or arising out of the negligence of Owner in the performance of its obligations under this Agreement. SECTION 36. ECOSYSTEMS, INC. INSURANCE; PERFORMANCE BOND. 36.1. ESI shall procure and maintain at all times during the Term of this Agreement insurance as described in the Insurance Schedule attached hereto as Attachment E and as such Insurance Schedule may from time to time be amended. 36.2. ESI shall provide a performance bond in a form acceptable to Owner to insure ESI's performance under this Agreement. The performance bond shall remain in effect for the duration of the Agreement and shall be in an amount equivalent to the projected total cost of Biosolids management services for the Term of the Agreement, calculated as the unit cost of Biosolids ($/wet ton) multiplied by the estimated wet tons of Biosolids to be generated during the Term. SECTION 37. OWNER INSURANCE. ESI acknowledges that Owner is a member of the Iowa Communities Assurance Pool (ICAP). Owner shall maintain its membership in ICAP or at its option purchase general liability insurance with equivalent coverage. ESi shall be named as an additional insured according to its interest under such coverage during the Term of this Agreement. SECTION 38. RELATIONSHIP. The relationship of ESI to Owner is that of independent contractor and not one of employment. None of the employees or agents of ESI shall be considered employees of Owner. SECTION 39. NONDISCRIMINATION. In performing under this Agreement, ESI shall not discriminate against any person because of race, religion, color, sex, sexual orientation, gender identity, national origin, age or disability. SECTION 40. ENTIRE AGREEMENT; AMENDMENTS. This Agreement contains the entire Agreement between Owner and ESI, and supersedes all prior or contemporaneous communications, representations, understandings, or agreements. This Agreement may be modified only by a written amendment signed by both parties. SECTION 41. HEADINGS, ATTACHMENTS, AND EXHIBITS. The headings contained in this Agreement are for reference only and shall not in any way affect the meaning or 10 interpretation of this Agreement. The Attachments to this Agreement shall be construed as an integral part of this Agreement. SECTION 42. WAIVER. The failure on the part of either party to enforce its rights as to any provision of this Agreement shall not be construed as a waiver of any of its other rights. SECTION 43. ASSIGNMENT. This Agreement shall not be assigned by either party without the prior written consent of the other party. SECTION 44. ACCESS AND INSPECTION BY OWNER. Owner shall have unrestricted access at all times to inspect ESI' s storage facilities and equipment. Owner shall have unrestricted access to all applications of the Biosolids and the storage facilities to inspect operations and to observe the use of proper biosolids handling techniques. ESI shall provide Owner with access, during normal business hours and upon reasonable prior notice, to ESI's financial and operating records related to this Agreement for the purpose of auditing costs or verifying ESI' s performance under this Agreement. SECTION 45. FORCE MAJEURE. A party' s performance under this Agreement shall be excused if, and to the extent that, the party is unable to perform because of actions due to causes beyond its reasonable control such as, but not limited to, acts of God, the acts of civil or military authority, loss of potable water source, floods, quarantine restrictions, riots, strikes, commercial impossibility, fires, circumstances reasonably beyond the control of the party obligated to perform, whether such other causes are related or unrelated, similar or dissimilar, to any of the foregoing. In the event of any such force majeure, the party unable to perform shall promptly notify the other party of the existence of such force majeure and shall be required to resume performance of its obligations under this Agreement upon the termination of the aforementioned force majeure. SECTION 46. AUTHORITY TO CONTRACT. Each party warrants and represents that it has power and authority to enter into this Agreement and to perform the obligations, including payment obligations, under this Agreement. SECTION 47. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. SECTION 48. NOTICES. All notices must be in writing and must be delivered in person or transmitted by certified mail, return receipt requested. Notices required to be given to ESI must be addressed to: Ecosystems, Inc. Attn: Jeffrey Klodt, President 14246 Keb Lane Ottumwa, Iowa 52501 Notices required to be given to Owner must be addressed to: 11 With copy to: City of Dubuque Water & Resource Recovery Center Attn: Deron Muehring, Water & Resource Recovery Center Director 795 Julien Dubuque Drive Dubuque, IA 52003-7996 City of Dubuque City Hall Attn: Crenna Brumwell, City Attorney 50 W 13th Street Dubuque, IA 52001 SECTION 49. SEVERABILITY. Should any part of this Agreement for any reason, be declared invalid or void, such declaration will not affect the remaining portion which will remain in full force and effect as if the Agreement had been executed with the invalid portion eliminated. SECTION 50. CONSENT DECREE. Contemporaneous with the execution of this Agreement, ESI shall execute the Acknowledgement of an Agreement to Comply with Consent Decree, attached hereto as Attachment F. SECTION 51. DISPUTE RESOLUTION. ESI and Owner agree that for any controversy arising out of or relating to the construction or interpretation of this Agreement, the parties will engage in mediation in accordance with the Commercial Arbitration Rules of the U.S. Arbitration & Mediation, Midwest ("USA&M") or the American Arbitration Association ("AAA"). In the event the mediation does not resolve the controversy, the parties will engage in binding arbitration in accordance with the Commercial Arbitration Rules of the U.S. Arbitration & Mediation, Midwest ("USA&M") or the American Arbitration Association ( "AAA"). The parties shall divide equally all costs of mediation and arbitration which shall be paid immediately upon billing by the mediation service. CITY OF DUBUQUE, IOWA By: Micha I Van Milligen, City Manager ECOSYSTEMS, INC. By: Jeffrey t, President 12 LIST OF ATTACHMENTS A Definitions B Scope of Services C Existing Conditions D Analytical Report E Insurance Schedule F Acknowledgement of an Agreement to Comply with Consent Decree 13 ATTACHMENT A DEFINITIONS Abnormal or Biologically Toxic Material: Any substance or combination of substances contained in the Biosolids in sufficiently high concentrations so as to interfere with the biological or physical / chemical processes necessary to, at the minimum, meet the requirements of Class II Biosolids as described in Chapter 67 of the Iowa Administrative Code or other requirements of Owner's NPDES permit, or to create process residues, or other material classified as a hazardous waste under RCRA or cause a situation or an environmental hazard to humans limiting the ability to operate and maintain the Biosolids Program. Abnormal or Biologically Toxic Materials include, but are not limited, to heavy metals, phenols, cyanides, pesticides, or herbicides, priority pollutants as listed by USEPA or any substance that violates the local USEPA/ IDNR Biosolids and /or land application standards or other portions of any applicable Sewer Use Ordinance only as it relates to the quality of the Biosolids. Best Management Possible: Operating in a manner that meets or exceeds all state and Federal regulations and is in line with the recommended practices of the National Biosolids Partnership, Water Environment Federation, and National Association of Clean Water Agencies. These practices may include practices similar to these examples: limiting land application of Biosolids to slopes no greater than 5 percent slopes, limiting land application of Biosolids to soil types which are classified as acceptable within the top 5 feet of soil profile, covering haul trucks when they contain Biosolids, maintaining buffers of at least 35 feet for land application of Biosolids from open waterways. These practices will also extend to the record keeping, sampling, and documentation of the land application activities and the land included in the program. 14 ATTACHMENT B SCOPE OF SERVICES ESI agrees to provide the following: 1. ESI, to provide the removal of all Biosolids produced from Owner' s centrifuge dewatering process and transfer of the solids to the ESI IDNR approved storage facilities for stockpiling prior to land application. ESI shall obtain all IDNR approvals. 2. ESI, to maintain Owner's dewatered cake loading bay by hosing all walls and floors on a daily basis and maintaining the floor drains. 3. ESI, to engineer and provide IDNR approved storage facility per all Iowa Administrative Code rules and regulations. 4. ESI, to provide for the transfer and land application of all Biosolids in strict accordance to the IDNR Chapter 67 rules and regulations pertaining to the land application of stabilized Biosolids. 5. ESI, to procure all land for the application of the Biosolids and maintain all private roads required for operation of the land application Program. 6. ESI, to generate land application field reports as well as the annual State required report prior to February 19 yearly deadline at least 7 days prior to due date for City approval. 7. ESI, to continue any and all public relations for the land application of the Biosolids with Owner. 8. ESI, to establish and maintain in writing a Program for land application of sewage sludge according to the Iowa Administrative Code Chapter 67 rules. 9. ESI will use dedicated agricultural lands for application of Owner' s Biosolids without integrating Biosolids from any other entity. 10. ESI will provide the location of the storage facilities and land application Sites to Owner for Owner' s concurrence prior to initiating activity under this Agreement. 11. ESI shall abide by all Owner' s ordinances for transportation of Biosolids to City limits. 12. ESI shall conduct their operation to incorporate Best Management Practices for Biosolids hauling, storage, and land application and not merely meet legal limits. 15 ATTACHMENT C EXISTING CONDITIONS Biosolids Characteristics: Analysis Attached. Classification: Iowa Administrative Code Chapter 567-67.8 (1) (PSRP) Process to Significantly Reduce Pathogens (PSRP) Pathogen + Vector Attraction Chapter 567-67.8 (c) (1) (IDNR Code) Quantity of Stored Biosolids (TONS): 0 Production: 2026 Estimate Average - 30 wet tons per day Maximum Month - 35 wet tons per day Yearly - 11,000 wet tons per year 16 ATTACHMENT D ANALYTICAL REPORT City of Dubuque Water & Resource Recovery Center 795 Julien Dubuque Drive Dubuque, IA 52003-7996 Sample No.: Job Number: 17 ATTACHMENT E INSURANCE SCHEDULE CITY OF DUBUQUE INSURANCE REQUIREMENTS FOR POLLUTION HAULERS 18 City of Dubuque Insurance Requirements for Pollution Haulers INSURANCE SCHEDULE N Ecosystems, Inc shall furnish a signed certificate of insurance to the City of Dubuque, Iowa, for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than sixty (60) days. Haulers presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent approved by the Chief Financial Officer. Each certificate shall include a statement under Description of Operations as to why issued; e.g., Project # or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all carries shall have a rating ofAor better in the current A.M. Best Rating Guide. 3. Each certificate shall be furnished to: City of Dubuque, Finance Department, 50 West 13th Street, Dubuque, Iowa 52001. 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this Agreement. 5. Hauler shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subcontractors and sub -subcontractors. Hauler agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverages. The City may request a copy of such certificates from the Haulers. 6. All required endorsements to various policies shall be attached to certificate of insurance. 7. Whenever a specific ISO form is listed, an equivalent form maybe substituted subject to the approval of the Chief Financial Officer and subject to Hauler identifying and listing in writing all deviations and exclusions that differ from the ISO form. 8. Hauler shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If the Hauler's limits of liability are higher than the required minimum limits then the provider's limits shall be this Agreement's required limits. 9. Whenever an ISO form is referenced the current edition of the form must be used. 10. Hauler shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 11. All certificates of insurance must include the agent's name, phone number, and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. City of Dubuque Insurance Requirements for Pollution Haulers CITY OF DUBUQUE INSURANCE SCHEDULE M (continued) FXHIRIT I A. COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 1) The general liability coverage shall be written in accord with the current ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement (sample attached). 4) Policy shall include Waiver of Right to Recover from Others Endorsement. 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers, use ISO form CG 20 26. 6) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of nonpayment of premium shall be sent to: City of Dubuque, Finance Department, 50 West 13t" Street, Dubuque, IA 52001. B. AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's business does not own any vehicles, coverage is required on a non -owned and hired vehicles. Policy shall include Waiver of Right to Recover from Others Endorsement. City of Dubuque Insurance Requirements for Pollution Haulers CITY OF DUBUQUE INSURANCE SCHEDULE N (continued) C. POLLUTION LIABILITY (including transit) FUEL HAULERS (diesel, gas, oil) General Aggregate Limit $4,000,000 Each Occurrence $2,000,000 WASTE HAULERS (sewage, high strength by products) General Aggregate Limit $1,000,000 Each Occurrence Limit $1,000,000 1) Policy shall include an additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. 2) Provide evidence of coverage for 5 years after completion of project. 3) Include Preservation of Governmental Immunities Endorsement (sample attached). 4) Include endorsement indicating that coverage is primary and non-contributory. 5) Police shall include Waiver of Right to Recovery From Others Endorsement. D. 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. E. UMBRELLA/EXCESS LIABILITY $1,000,000 The General Liability, Automobile Liability and Employer's Liability Insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation and Primary and Noncontributory in favor of the City. City of Dubuque Insurance Requirements for Pollution Haulers Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities which may be available to you. Naming the City of Dubuque an additional insured on your insurance as is requested by this insurance schedule may result in your waiver of those immunities. If you would like to preserve those immunities, please use this endorsement or an equivalent form. The preservation of immunities is for your benefit. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa, as an additional insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity, The City of Dubuque, Iowa, shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa, under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. 5. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) ATTACHMENT F Acknowledgement of an Agreement to Comply with Consent Decree 19 Rev06/2017 CONSENT DECREE RELATING TO THE CITY OF DUBUQUE, IOWA WATER & RESOURCE RECOVERY CENTER AND SANITARY SEWER COLLECTION SYSTEM NO CONTRACTOR OR CONSULTANT MAY PERFORM ANY WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SEWER COLLECTION SYSTEM UNLESS COPY OF THIS DOCUMENT IS RETURNED TO THE CITY OF DUBUQUE ENGINEERING DEPARTMENT The City of Dubuque, Iowa has entered into a Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under contract with the City to perform the obligations of the Consent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to perform work required by the Consent Decree. A copy of the Consent Decree can be found at https://www.cityofdubugue.org/DocumentCenter/View/3173/ConsentDecreeFinaI I. A paper copy is available upon request from the City of Dubuque Engineering Department. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five years after the termination of the Consent Decree, the City shall retain, and shall instruct its contractors and agents to preserve, all non -identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information -retention requirement shall apply regardless of any contrary City, corporate or institutional policies or procedures. At any time during this information -retention period, upon request by the United States or the State, the City shall provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of Page 1 of 2 the information -retention period, the City shall notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City shall deliver any such documents, records, or other information to the EPA or IDNR. CERTIFICATION BY CONTRACTOR OR CONSULTANT The undersigned, on behalf of the Contractor or Consultant, with full authority to act on behalf of the Contractor or Consultant, certifies to the City of Dubuque as follows: 1. 1 have received a copy of the Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1- 09339, United States District Court for the Northern District of Iowa. 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. All documents, reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. The Contractor or Consultant agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's or Consultant's failure to comply with the Consent Decree. Contractor or Consultant: _ L-- ,r-o 4- 7` e-*,J, Its: b--e5;Jfh Date: Return signed copy to: Deron Muehring Water & Resource Recovery Center Director 795 Julien Dubuque Drive Dubuque, IA 52003 Page 2 of 2 NOTICE OF TERMINATION OF AGREEMENT VIA CERTIFIED MAIL -RETURN RECEIPT REQUESTED AND REGULAR MAIL R. Scott Wienands, President Nutri-Ject Systems, Inc. 515 Fifth Street PO Box 398 Hudson, Iowa 50643-0398 RE: CITY OF DUBUQUE/NUTRI-JECT SYSTEMS, INC. NOTICE OF TERMINATION OF AGREEMENT Dear Mr. Wienands: The City of Dubuque, Iowa, (hereinafter "the City") hereby provides this Notice of Termination of that certain Agreement between the City and Nutri-Ject Systems, Inc. (Nutri-Ject) for Biosolids Professional Management Program (hereinafter "the Agreement") dated March 19, 2012. Pursuant to Section 30.3 of the Agreement the City is terminating the Agreement immediately due to the fact that actions of Nutri-Ject have resulted in the City's violation of its NPDES Permit on two separate occasions. The Notices of Violation have previously been provided to Nutri-Ject Systems, Inc. Copies are attached hereto. Nutri-Ject shall not handle, transport, manage, nor apply the biosolids it previously transported from the City's Water & Resource Recovery Center ("WRRC") currently stored at 9357 Haxbylane Road, La Motte, Iowa. Additionally, Nutri-Ject must remove any of its property from the WRRC. Dated this day of , 2026. CITY OF DUBUQUE, IOWA By its: