Improvement Contracts - Mystique Ice Arena Stadium Seating Removal and Replacement Project Dubuque 1?ngineering Department
TI-I E CITY OF ... blind 50 W 13°i St
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CITY OF DUBUQUE, IOWA
SHORT FORM
PUBLIC IMPROVEMENT CONTRACT
THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
references purposes the 16th day of May 2022 between the City of Dubuque, Iowa (City), by its
City Manager, through authority conferred upon the City Manager by its City Council and
Portzen Construction, Inc. (Contractor) of the City of
(Contractor Name)
205 Stone Valley Dr. Dubuque, IA 52003.
(Contractors Address - City and State)
PROJECT TITLE: MYSTIQUE ICE ARENA
STADIUM SEATING REMOVAL & REPLACEMENT 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:
Mystique Ice Arena - Stadium Seating Removal & Replacement Project (the Project).
Project Scope of Work:
The project will provide for the disassembly and removal of the 1st, 2nd, and 3rd row of the
Mystique Ice Arena stadium bleacher seating. The stadium bleacher aluminum treads,
risers, half steps, and chairs shall be disassembled and stored on the concourse level. Upon
completion of the Settlement Remediation Project and the construction of a new Ice Rink
Refrigerated Concrete Floor, to be performed by others, the Mystique Ice Arena stadium
bleacher seating will be reassembled and reinstalled. There is approximately 6,700 Sq.Ft
of aluminum treads, risers to remove and reinstall, along with approximately 642 stadium
chairs to be removed and reinstalled.
The work described above shall be completed at the following location(s): _
Mystique Community Ice Center
1800 Admiral Sheehey Drive, Dubuque, Iowa, 52001
The Project shall be constructed to the meet the requirements as described in this Project
Contract and the attached special conditions; in strict accordance with the requirements of the
laws of the State of Iowa and ordinances of the City of Dubuque relating to public works, and in
accordance with the Contract Documents which provisions and documents are each and all
hereby referred to and made a part of this Contract just as much as if the detailed statements
thereof were repeated herein.
2. Contract Documents shall mean and include the following: This Improvement Contract; all
ordinances and resolutions heretofore adopted by the City Council having to do with the Project;
the Contractor's Proposal; and the conditions described in the Contract, including any Special
Conditions, Plans and Specifications and General Requirements as adopted by the City Council
for the Project.
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. Five percent (5%) 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 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), and has examined and
understands the project description described in Section 1 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.
7. The Contractor shall guarantee for a period 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
October 14, 2022 _
(DATE)
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 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.
10. Unless otherwise specified in the Contract Documents, 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
for Artisan Contractors or General Contractors.
11. 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.
12. 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 the City Exhibit A that is attached to this Contract.
THE CITY AGREES:
Upon the completion of the Contract, and the acceptance of the Project by the City Manager,
the City agrees to pay the Contractor as full compensation for the complete performance of this
Contract, the amount determined for the total number of units completed at the unit prices stated in
the Contractor's Proposal and less any liquidated damages provided for in the Contract Documents.
The number of units stated in the contract, special conditions and contractors proposal is
approximate only and the final payment shall be made by the work covered by the Contract.
CONTRACT ESTIMATED AMOUNT: $ 83,764.00
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 10 %
OF THE ABOVE LISTED ESTIMATED AMOUNT, UNLESS AUTHORIZED BY CHANGE ORDER
OR CONTRACT AMMENDMENT.
CITY OF DrUQUE, IOWA CONTRACTOR:
By: / jiyo,p\ Portzen Construction, Inc.
Michael C. Van Milligan ate Company N me
City Manager
By: Al:\ 05-18-22
Signature Date
Michael J. Portzen
Printed Name
President
Title
CONTRACTOR ACKNOWLEDGEMENT OF
ATTACH ' PECIAL CONDITIONS:
By:
Signature 1 Date
Michael J. Portzen
Printed Name
President
Title
The following special conditions shall apply to this Project:
Milestone 1 - fully complete the Stadium Bleacher Seating Removals by June 17, 2022.
Agreed Costs of Deley for not completing said work by Milestone 1 is $1,500 per day.
Milestone 2 - fully complete the Stadium Bleacher Seating Replacement by October 14, 2022.
Agreed Costs of Deleyor not completing said work by Milestone 2 is $1,500 per day
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
Bond #54244813
KNOW ALL BY THESE PRESENTS:
That we, Portzen Construction, Inc. , as Principal
(hereinafter the "Contractor" or "Principal") and
United Fire & Casualty Company , as Surety are held and firmly bound unto the City
of Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who may be
injured by any breach of any of the conditions of this Bond in the penal sum of
Eighty three thousand seven hundred sixty four dollars ($ 83,764.00 ),
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 Arena - Stadium Seating
Removal & Replacement Project detail the following described improvements:
The project will provide for the disassembly and removal of the 1st, 2nd,
and 3rd row of the Mystique Ice Arena stadium bleacher seating. The
stadium bleacher aluminum treads, risers, half steps, and chairs shall be
disassembled and stored on the concourse level. Upon completion of the
Settlement Remediation Project and the construction of a new Ice Rink
Refrigerated Concrete Floor, to be performed by others, the Mystique Ice
Arena stadium bleacher seating will be reassembled and reinstalled. There
is approximately 6,700 Sq.Ft of aluminum treads, risers to remove and
reinstall, along with approximately 642 stadium chairs to be removed and
reinstalled.
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
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
IINTTED FIRE&CASUALTY COMPANY,CI;I)AR RAPIDS,IA Inquiries: Surety Department
lifigtel IINTTEI)FIRE&INI)I;MNfI'Y COMPANY,WEBS"I'ER,TX 118 Second Ave SE
FINANCIAL PACIFIC INSURANCE COMPANY,LOS ANGELES,CA Cedar Rapids,IA 52401
'►�,SURANC ' CERTIFIED COPY OF POWER OF A"FTORN}Y
(original on file at}tome Office of Company—See Certification)
KNOW Al.,l.PERSONS BY THESE PRESENTS,That I Inited Fire&Casualty Company,a corporation duly organized and existing under the laws
of the State of Iowa; United Fire & Itidenmity Company, a corporation duly organized and existing under the laws of the State of Texas; 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 Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,
undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $50,000,000.00
and to bind the Companies thereby as fully and to the sane 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 United Fire&Casualty Company,United Fire&
Indemnity Company,and Financial Pacific Insurance Company.
"Phis 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 lnited
Fire&Casualty Company,United 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 mstniments of like nature.
The signature of any officer authorized hereby,and the Corporate seal,may be 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. The 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
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``�k`` u�"sUnj�c''' �,'b.�H°Fyry,' PG\F�O'NOSGgq� vice president and its corporate seal to be hereto affixed this 1st day of December, 2021
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�W cORPORArE VS ' CORPORATE v .4' Fo:0 UNITED FIRE&CASUALTY COMPANY
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"'1.' si:Ai K' SEAL <' - 19B6 .'s= UNITED FIRE&INDEMNTFY COMPANY
N4 - s\°a�� 'i•,,., ,.Py `°� ' 4fg?,a.•~': FINANCIAL PACIFIC INSURANCE COMPANY
By: tom.-,.>•,�:�State of Iowa,County of Lunn,ss: _
Vice President
On 1St day of December, 2021 , before me personally came Dennis J. Richmann
to me known,who being by me 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.
:iiPatti Waddell
Iowa Notarial Seal , /,(,)� A�omm Cission number 713274 Notary Public
ar► My Commission Expires1otst2o22 My commission expires: 10/26/2022
I,Mary 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 and resolutions of said Corporations as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN'I'HE
HOME OFFICE OF SAID CORPORATIONS, and that the same are corect 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 ,2.0 22 .
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