Improvement Contracts - Mystique Ice Center Ince Rink Concrete Subfloor Project PUBLIC IMPROVEMENT CONTRACT
MYSTIQUE ICE CENTER
ICE RINK CONCRETE SUBFLOOR PROJECT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 16th day of May, 2022 between the City of Dubuque, Iowa, by its City Manager, through
authority conferred upon the City Manager by its City Council (City), and Portzen Construction Inc.,
Inc. (Contractor).
For and in consideration of the mutual covenants herein contained, the parties hereto agree
as follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for the Mystique Ice
Center— Ice Rink Concrete Subfloor Project (Project).
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
1. Project Title Page (Section 00100).
2. Project Directory Page (Section 00101).
3. This Public Improvement Contract (Section 00500).
4. Performance, Payment, and Maintenance Bond (Section 00600).
5. Out-of-State Contractor Bond (Section 00610).
6. Other Bonds:
a. (Bond Name) (pages to_ , inclusive).
b. (Bond Name) (pages_to _ , inclusive).
c. (Bond Name) (pages_to_ , inclusive).
7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2020 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2020 Edition.
9. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
10.Special Provisions included in the project Contract Document Manual.
11.Drawings —Sheet No. through No. (00 pages) or drawings consisting of
sheets bearing the following general title: All Sheets
12.Addenda (numbers to , inclusive).
13.Insurance Provisions and Requirements (Section 00700).
14.Sales Tax Exemption Certificate (Section 00750).
15.Site Condition Information (Section 00775).
16.Construction Schedule and Agreed Cost of Delay (Section 00800).
1-7:•Er-eeiee Control Certificate (Seetton-O0900).
18.Consent-Decrec (Section•-01000).
19.Other Project Information and Permits (Sections 01100 - 00000).
20.Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages to inclusive).
b. Bidder Status Form (Section 00460).
c. The following documentation that must be submitted by Contractor prior to Notice
of Award.
i. Contractor Background Information Form (Section 00470/00471)
ii.
21.The following which may be delivered or issued on or after the Effective Date of the
Agreement:
a. Notice to Proceed (Section 00850).
b. Project Certification Page (Section 00102).
c. Change Orders (Not attached to this agreement).
There are no other Contract Documents. The Contract Documents may only be amended,
modified, or supplemented as provided in General Conditions.
3. All materials used by the Contractor in the Project must be of the quality required by the
Contract Documents and must be installed in accordance with the Contract Documents.
4. The Contractor must remove any materials rejected by the City as defective or improper, or
any of said work condemned as unsuitable or defective, and the same must be replaced or
redone to the satisfaction of the City at the sole cost and expense of the Contractor.
5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30)
days after final completion and acceptance of the Project by the City Council to pay any claim
by any party that may be filed for labor and materials done and furnished in connection with
the performance of this Contract and for a longer period if such claims are not adjusted within
that thirty (30) day period, as provided in Iowa Code Chapter 573 or Iowa Code Chapter 26.
The City will also retain additional sums to protect itself against any claim that has been filed
against it for damages to persons or property arising through the prosecution of the work and
such sums will be held by the City until such claims have been settled, adjudicated or
otherwise disposed of.
6. The Contractor has read and understands the Contract Documents herein referred to and
agrees not to plead misunderstanding or deception related to estimates of quantity,
character, location or other conditions for the Project.
7. In addition to any warranty provided for in the specifications, the Contractor must also fix any
other defect in any part of the Project, even if the Project has been accepted and fully paid
for by the City. The Contractor's maintenance bond will be security for a period of two years
after the issuance of the Certificate of Substantial Completion.
8. The Contractor must fully complete the Project under this Contract on or before the date
indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract
Documents.
9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its officers and employees, from
and against all claims, damages, losses and expenses claimed by third parties, but not
including any claims, damages, losses or expenses of the parties to this Contract, including
but not limited to attorneys' fees, arising out of or resulting from performance of this Contract,
provided that such claim, damages, loss or expense is attributable to bodily injury, sickness,
disease or death, or injury to or destruction of property, including loss of use resulting there
from, but only to the extent caused in whole or in part by negligent acts or omissions of
Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts
Contractor may be liable, regardless of whether or not such claim, damage, loss or expense
is caused in part by a party indemnified hereunder.
10. The Contractor hereby represents and guarantees that it has not, nor has any other person
for or in its behalf, directly or indirectly, entered into any arrangement or Contract with any
other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or
public officer any sum of money or anything of value whatever in order to obtain this Contract;
and it has not, nor has another person for or in its behalf directly or indirectly, entered into
any Contractor arrangement with any other person, firm, corporation or association which
tends to or does lessen or destroy free competition in the award of this Contract and agrees
that in case it hereafter be established that such representations or guarantees, or any of
them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but
in no event less than $2,000.00 (Two Thousand Dollars) to the City.
11. The surety on the Bond furnished for this Contract must, in addition to all other provisions,
be obligated to the extent provided for by Iowa Code 573.6 relating to this Contract, which
provisions apply to said Bond.
12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of
Substantial Completion has been issued by the City, it will keep and maintain the Project in
good repair for a period of two (2) years.
13. The Project must be constructed in strict accordance with the requirements of the laws of the
State of Iowa, and the United States, and ordinances of the City of Dubuque, and in
accordance with the Contract Documents.
A. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of
1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C.
1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection
Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and
107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and
Department of Labor Regulations (29 CFR, Part 5).
B. T-fte-Qty-ane- t-he-C actor e to oo+n a-Davis Bacon
Federal Prevailing-Wage-Act-and related-labor rcqu-i-re„ments "„l reg„ta+�a ache
Federal Wage-Determination for-this Project
C. -Equipment oc prod„cts-authorized to be purchased-with-feder funding awarded-for-this
Contract-must be American made to the maximum exte ih in co dance with
aA uaA 4r av a��a. s s�ca��nTai i i-�.ncc.{�t...fi., sa'�.vresLtitGc�vTtTt
PIAlollsLaw 103 121, Sections 606(a) and (b).
D. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally assisted programs of the Department of Transportation issued pursuant to
such Act, hereby notifies all bidders that it will affirmatively insure that in any contract
entered into pursuant to this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or disability
in consideration for an award.
CONSENT DECREE
RELATING TO THE PROJECT
14. THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO
THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE
APPLICABLE.
CITY CONTRACTOR
XI THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
The City has entered into a Consent Decree in the case of The United States of America, and the State
of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action
Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern
District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its
officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and
corporations under contract with the City to perform the obligations of the Consent Decree.
The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to
perform work required by the Consent Decree.
A copy of the Consent Decree is included in the Contract Documents and can be viewed at
httl :llwww.citvofdubuque.orWWDocumentCenter/HomelViewf3173. A hard copy is available upon
request at the City's Engineering Department Office.
The City must condition any contract to perform work required under the Consent Decree upon
performance of the work in conformity with the provisions of the Consent Decree.
The Consent Decree also provides that until five (5) years after the termination of the Consent Decree,
the City must retain, and must instruct its contractors and agents to preserve, all non-identical copies of
all documents, reports, data, records, or other information (including documents, records, or other
information in electronic form) in its or its contractors' or agents' possession or control, or that come into
its or its contractors' or agents' possession or control, and that relate in any manner to the City's
performance of its obligations under this Consent Decree, including any underlying research and
analytical data. This information-retention period, upon request by the United States or the State, the
City must provide copies of any documents, reports, analytical data, or other information required to be
maintained under the Consent Decree. At the conclusion of the information-retention period, the City
must notify the United States and the State at least ninety (90) Days prior to the destruction of any
documents, records, or other information,subject to such requirements and, upon request by the United
States or the State, the City must deliver any such documents, records, or other information to the EPA
or IDNR.
CERTIFICATION BY CONTRACTOR
The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor,
certifies to the City of Dubuque as follows:
1. I have received a copy of the Consent Decree in the case of The United States of
America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number
Case 2:11-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.
4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers,
agents, or employees from and against any claims, including penalties, costs and fees
as provided in the Consent Decree, relating to or arising out of the Contractor's failure
to comply with the Consent Decree.
CONTRACTOR:
Contractor
By: N/A
Signature
Printed Name
Title
Date
THE CITY AGREES:
15. Upon the completion of the Contract, and the acceptance of the Project by the City Council,
and subject to the requirements of law, the City agrees to pay the Contractor as full
compensation for the complete performance of this Contract, the amount determined for the
total work completed at the price(s) stated in the Contractor's Bid Proposal and less any
Agreed Cost of Delay provided for in the Contract Documents.
CONTRACT AMOUNT $379.000.00
CITY OF DUBUQUE, IOWA:
City M nager's Office
Departme
By:
Signs ure
Michael C. Van Milligen
Printed Name
City Manager
Title 1 2 J/ rJ
Date
CONTRACTOR:
Portze onstruction, Inc.
Contrac or
By: � J
Signature
Michael J. Portzen
Printed Name
President
Title
05-18-22
Date
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
Bond #54244814
KNOW ALL BY THESE PRESENTS:
That we, Portzen Construction, Inc., as Principal (hereinafter the "Contractor" or "Principal")
and United Fire & Casualty Company , as Surety
are held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as
"Owner"), and to all persons who may be injured by any breach of any of the conditions of this Bond
in the penal sum of three hundred seventy-nine thousand dollars and zero cents ($379,000.00),
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind
ourselves, our heirs, legal representatives and assigns,jointly or severally, firmly by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a contract
with the Owner, bearing date the 16th day of May 2022, (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 Mystique Ice Center— Ice Rink Concrete Subfloor Project
detail the following described improvements:
The project will provide for the construction of a reinforced concrete subfloor slab
within the interior arena area of the Mystique Ice Center. The concrete subfloor will
be approximately 17,200 Sq.Ft, 10-inches deep, with both top and bottom double
reinforcing steel. The concrete subfloor will be supported on a deep foundation
system that will be installed by others.
It is expressly understood and agreed by the Contractor and Surety in this Bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit:
1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide
by each and every covenant, condition, and part of said Contract and Contract Documents,
by reference made a part hereof, for the project, and shall indemnify and save harmless the
Owner from all outlay and expense incurred by the Owner by reason of the Contractor's
default of failure to perform as required. The Contractor shall also be responsible for the
default or failure to perform as required under the Contract and Contract Documents by all
its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in
the performance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing materials for or
performing labor in the performance of the Contract on account of which this Bond is given,
including but not limited to claims for all amounts due for labor, materials, lubricants, oil,
gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor
or any subcontractor, wherein the same are not satisfied out of the portion of the contract
price the Owner is required to retain until completion of the improvement, but the Contractor
and Surety shall not be liable to said persons, firms, or corporations unless the claims of said
claimants against said portion of the contract price shall have been established as provided
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.
UJNI'l'lJ)FIRE&CAS(IAI;I'Y COMPANY,CEDAR RAPIDS,IA lnquiries: Surety Department
I INITI;I)FIRE&INDI;MNITY COMPANY,WI:13S'I"ER,TX 118 Second Ave SE
FINANCIAL PACIFIC INSURANCE COMPANY,I,OS ANGELES,CA Cedar Rapids,IA 52401
'NSURANCr CERTIFIED COPY OF POWER OF A"I"I'UIZNI;Y
(original on file at time Office of Company—See Certification)
KNOW ALL PERSONS BY IESE PRESI;N1'S,"fiat United Fire&Casualty Company,a corporation duly organized and existing under the laws
of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of'1•exas; and
Financial Pacific Insurance Company,a corporation duly organized and existing under the laws of the State of California(herein collectively called
the Companies),and having their corporate headquarters in Cedar Rapids, State of Iowa,does make,constitute and appoint
SCOTT A. DESOUSA, MARK J. PHALEN, DAN A. WELLIK, SHIRLEY M. SHANNON, ERIC DESOUSA, EACH INDIVIDUALLY
their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,
undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $50,000,000.00
and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies
and all of the acts of said Attorney,pursuant to the authority hereby given and hereby ratified and confirmed.
The Authority hereby granted is continuous and shall remain in full force and effect until revoked by tinned Fire& Casualty Company, United Fire&
Indemnity Company,and Financial Pacific Insurance Company.
This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of I Tinted
Fire&Casualty Company,t toiled Fire&Indemnity Company,and Financial Pacific Insurance Company.
"Article VI—Surety Bonds and Undertakings"
Section 2, Appointment of Attorney-in-fact. "The President or any Vice President,or any other officer of the Companies may, from time to time, appoint by written
certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.
The signature of any officer authorized hereby,and the Corporate seal,may he affixed by facsimile to any power of attorney or special power of attorney or certification of
either authorized hereby; such signature and seal,when so used, being adopted by the Companies as the original signature of such officer and the original seal of the
Companies,to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact,subject to the limitations set of
forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal
the Companies thereto. .rhe President or any Vice President,the Board of Directors or any other officer of the Companies may at any time revoke all power and authority
previously given to any attorney-in-fact.
IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its
PG\`F\ �,Uggy,, vice president and its corporate seal to be hereto affixed this 1st day of December, 2021
o. Q,.O A9f•o*-;
k9 cORPORAIE q a CORPORATE 3, F•
>= VLY22 0= UNITED FIRE&CASUALTY COMPANY
sEA1 SFAI <- •..,�, Igo\p;= UNITED FIRE&INDEMNITY COMPANY
BPS f 4 frce ' FINANCIAL PACIFIC INSURANCE COMPANY
State of Iowa,County of Lim,ss: Vice President
On 1st day of December, 2021 , before me personally came Dennis J. Richmann
to me known,Who being by ale duly sworn,did depose and say;that he resides in Cedar Rapids,State of Iowa;that he is a Vice President of United Fire
& Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the
corporations described in and which executed the above instrument that he knows the seal of said corporations; that the seal affixed to the said
instrument is such corporate,seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his
name thereto pursuant to like authority;and acknowledges same to be the act and deed of said corporations.
avoi Patti Waddell �I
Iowa Notarial Seal gth,
Commission number 713274
Notary Public
ova' My commission Expires=10i26r2022 My commission expires: 10/26/2022
I,Maly A.Bertsch,Assistant Secretary of United Fire&Casualty Company and Assistant Secretary of United Fire&Indemnity Company, and Assistant
Secretary of Financial Pacific Insurance Company,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and
the copy of the Section of the bylaws anti resolutiorns of said Corporations as set forth in said Power of Attorney,with the ORIGINALS ON FIEF,IN THE
HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said
Power of.Attorney has not been revoked and is now in full force and effect,
In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations
this 16th day of May ,70 22
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voiiroRATE > CORPORATE 3,= ft' 91i
SEAL SEAL t ,,. n /Fe• r=,� Assistant Secretary,
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