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Improvement Contract_Portzen Construction, Inc. for Comiskey Park Phase 1 Redevelopment ProjectPUBLIC IMPROVEMENT CONTRACT SECTION 00500 Comiskey Park - Phase 1 Redevelopment Project THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate dated for references purposes the 24th day of August 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. (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 Comiskey Park - Phase 1_Redevelopment 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. The Iowa Statewide Urban Design And Specifications (SUDAS) 2020 Edition. 7. CITY OF DUBUQUE Supplemental Specifications 2020 Edition. 8. Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual. 9. Special Provisions included in the project Contract Document Manual. 10. Drawings -Drawings consisting of sheets bearing the following general title: Comiskey Park - Phase 1 Redevelopment Project 11.Addenda (numbers 1 to 3 , inclusive). 12. Insurance Provisions and Requirements (Section 00700). 13. Sales Tax Exemption Certificate (Section 00750). 14. Site Condition Information (Section 00775). 15. Construction Schedule and Agreed Cost of Delay (Section 00800). 16. Notice to Proceed (Section 00850). 17. Erosion Control Certificate (Section 00900). 18. Consent Decree (Section 01000). COMISKEY PARK -PHASE 'I PUBLIC IMPROVEMENT CONTRACT REDEVELOPMENT PROJECT 00500-1 Bid Set - July 20, 2022 SD #2019-012 19.Other Project Information (Sections 02020 and 02030) 20. Report Title Hazardous Materials Report https://cit ofdubu ue- _my.sharepoint.com/:f:/g/personal/sbrown citvofdubuaue org/EgiSOr)VNODFGhHyx 2A065wB7sMiADIN5_ib-hYA03P1 lEw?e=sfFg 2 21. 22. Report Title Phase 1 Archeological Report htt s://cit ofdubu ue- my.sharepoint.com/:f:/ / ersonal/sbrown cityof_dubuque org/E iq SOpVNODFGhHyx 2A065wB7sMiADIN5_fib-hYA03P1lEw?e=sfF '2 23. 24. Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages 1 to 8 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 00471) ii. N/A iii. N/A 25. 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 COMISKEY PARK -PHASE 1 PUBLIC IMPROVEMENT CONTRACT REDEVELOPMENT PROJECT 00500-2 Bid Set — July 20, 2022 SD #2019-012 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. COMISKEY PARK -PHASE 1 PUBLIC IMPROVEMENT CONTRACT REDEVELOPMENT PROJECT 00500-3 Bid Set — July 20, 2022 SD #2019-012 A. This project is funded in part by Community Development Block Grant (CDBG) from the U.S. Department of Housing and Urban Development (HUD) and is being administered by City of Dubuque. Compliance with all applicable federal, state, and local laws, rules, and regulations is required, including compliance with the applicable Secretary of the Interior's Standards and Guidelines. B. Record retention requirements (2 CFR 200.334; 24 CFR Part 570.506) requires contractors to retain all required records for five years after final payments are made and all other pending matters are closed. C. 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). D. Davis -Bacon and Related Acts require construction work over $2,000 financed in whole or in part with CDBG funds requires that workers receive no less than the prevailing wages being paid for similar work in the same area. Current wage determination information can be found by searching Wage Determination for Dubuque, Iowa for the type of construction on htt s://sam. ov/content/home E. Copeland "Anti -Kickback" Act (18 U.S.C. 874 & 40 U.S.C. 3145) requires all contracts in excess of $2,000 for construction or repair shall comply with the Act. provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. F. The Contract Work Hours and Safety Standards Act (CWHSSA) requires contractors and subcontractors to pay laborers and mechanics, including watchmen and guards, employed in the performance of covered contracts one and one-half times their basic rate of pay for all hours worked over 40 in a work week. G. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Template certification available within this packet. H. Equal Employment Opportunity (Executive Order 11426) prohibits discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. I. Section 3 Requirements apply. See CDBG "Intent to Comply with Section 3 requirements" document within this packet. J. MBE/WBE — Minority -owned Business Enterprises and Women -owned Business Enterprises are encouraged to submit bids. COMISKEY PARK -PHASE 1 PUBLIC IMPROVEMENT CONTRACT REDEVELOPMENT PROJECT 00600-4 Bid Set — July 20, 2022 SD #2019-012 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. [X 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. SSB CITY CONTRACTOR ❑ THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. The City has entered into a Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under contract with the City to perform the obligations of the Consent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to perform work required by the Consent Decree. A copy of the Consent Decree is included in the Contract Documents and can be viewed at http'//www.cityofdubuque.org/DocumentCenter/Home/View/3173. A hard copy is available upon request at the City's Engineering Department Office. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five (5) years after the termination of the Consent Decree, the City must retain, and must instruct its contractors and agents to preserve, all non -identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into COMISKEY PARK -PHASE 1 PUBLIC IMPROVEMENT CONTRACT REDEVELOPMENT PROJECT 00500-5 Bid Set — July 20, 2022 SD #2019-012 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: 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: Portzen Construction Inc. Contrac or By: Signature Michael J. Portzen Printed Name President Title 08-25-22 Date COMISKEY PARK -PHASE 1 REDEVELOPMENT PROJECT Bid Set — July 20, 2022 SD #2019-012 PUBLIC IMPROVEMENT CONTRACT 00500-f 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 $1,932,750.00 CITY OF DUBUQUE, IOWA: City Manager's Office Departmep By:_4 - Signature Michael C. Van Milligen Printed Name City Manager Title Date CONTRACTOR: Portzen Construction, Inc. Contractor By: Signature Michael J. Portzen Printed Name President Title 08-25-22 Date ==== END OF SECTION 00500 ==== COMISKEY PARK -PHASE 'I PUBLIC IMPROVEMENT CONTRACT REDEVELOPMENT PROJECT 00500-7 Bid Set — July 20, 2022 SD #2019-012 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 Bond #54244821 Comiskey Park — Phase 1 Redevelopment Project 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 One million, nine hundred thirty-two thousand, seven hundred fifty dollars and zero cents ($1,932,750.00), 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 24th day of August 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 the Comiskey Park - Phase 1 Redevelopment Project detail the following described improvements: The project includes redevelopment of Comiskey Park including sidewalks, basketball court, lighting, electrical wiring including conduit, storm sewer, playground equipment, playground surfacing, splash pad including utility connections, roof modifications downspout additions, grading, HMA pavement, pavement marking, landscape plantings, Picnic shelters, seat walls, and erosion control. 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 COMISKEY PARK - PHASE 1 PERFORMANCE, PAYMENT & MAINTENANCE BOND REDEVELOPMENT PROJECT 00600-1 Bid Set — July 20, 2022 SD #2019-012 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 liquidated damage penalty is being charged against the Contractor. COMISKEY PARK. - PHASE 1 PERFORMANCE, PAYMENT & MAINTENANCE BOND REDEVELOPMENT PROJECT 00600-2 Bid Set — July 20, 2022 SD #2019-012 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, COMISKEY PARK -PHASE 1 PERFORMANCE, PAYMENT & MAINTENANCE BOND REDEVELOPMENT PROJECT 00600-3 Bid Set — July 20, 2022 SD #2019-012 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. 19032 Witness our hands, in triplicate, this 24th day of SURETTYY�COUNTFRSIGNED BY: &gnatA of Agent Stephen Schlueter Printed Name of Agent 501 Bell Street Company Address Dubuque, Iowa 52001 City, State, Zip Code 563-556-0272 Company Telephone Number PRINCIPAL: Portzen Construction Inc Contractor By: Signature Michael J Portzen Printed Name President NOTE: August , 2022. Title FORM OVED BY: Reprg6entative for Owner SURETY: United Fire & Casualty Company Surety Company Si ture Attorney -in -Fact Officer Jena Wilwert Printed Name of Attorney -in -Fact Officer AssuredPartners Great Plains LLC Company Name 501 Bell Street Company Address Dubuque, IA 52001 City, State, Zip Code 563-556-0272 Company Telephone Number 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. --== END OF SECTION 00600 ==== COMISKEY PARK - PHASE 1 PERFORMANCE, PAYMENT & MAINTENANCE BOND REDEVELOPMENT PROJECT 00600-4 Bid Set - July 20, 2022 SD #2019-012 UNI1I Ell 1 IRF & CAST IAI 1 Y COMPANY CEDAR RAPIDS, IA Inquiries: Surety Department I INI'1'111) I iRIE & INDI MNI rY COMPANY WEBS rl R l X 118 Second Ave SE gu(I FINANCIAL PACIFIC INStIRANC 1 COMPANY 1 OS ANGELES, CA Cedar Rapids, IA 52401 NSURANCE C1.12111'lla) COPY OF POIA'I,R OF A7'fORNIEY (original on file at [Ionic Office of C'onnpauy — See Certification) KNOVI' ALL PERSONS BY'I'I IESIE PRIESEN'1'S,1hat thnited lire & Casualty Company, a corporation duly organized and existing, under the laws of the State of Iowa; united lire & Indemmnity Company, a corporation duly organized and existing under the laws of the State of 'texas; attd Financial Pacific insurance Company, a corporation duly organized and existing under the laws of the Stale of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute turd appoint SCOTT A. DESOUSA, MARK J. PHALEN, DAN A. WELLIK, SHIRLEY M. SHANNON, ERIC DESOUSA, LAUREN MOSER, JENA WILWERT, EACH INDIVIDUALLY their trite and lawful Attonney(s)»ur-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 folly and to the same extent as if such utst•taents were signed by the drily authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. 1'he Authority hereby granted is contirttlous and shall remain in !fill force and effect until revoked by t fnited Fire & Casualty Connpany, Thnited Fire & Indemnity Company, and Financial Pacific Insurance Company. 'Ibis Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of I)irectors of h inited Fire & Casualty Company, united Fire & Indemnity Company, and Financial Pacific Insurance Company. ".Article V1 — 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 atlortieys-in-tact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligwato y� instruments of like nature. Ilnc sit traiture of any Officer authorized hereby, and the Corporate seal; may be affixed by facsuuile to any power of attorney or special poer of attorney or certifieation 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 or the Companies, to he valid and binding upon the Companies with the same forge and effect as though manually affixed. Such atiomevs-in-fact, Subject to the limitations set of' forth in theit respective eertiticmes 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 anv attorney -in -tact. IN Vl'ITNESS WIIEREOF, the COMPANIES have each caused these presents to he signed by its �p+"+�o+sb44jr�i p�J„K1Hot'M ���r dMc qqi vice president and its corporate seal to be hereto affixed this 1st day of December, 2021 cola Rnir b x corzrorsArT _ e - jcarz; .o- I INITED FIRE& CASTJAI;I'Y COMPANY seer - sent , y. 1386 * I INITED FiRE & INI)EMv N1"I'Y COMPANY 2 4 `p' F4� It'lln�i"`OIt I" `..�/FOP.. +`�•`\ FINANCIAL PACIFIC' INSI TRANCE COMPANY By: State of Iowa, County of Linn, ss: Vice President On 1st day of December, 2021, before me personally came Dennis J. Richmann to nts: known,Whobeing by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that le is a Vice President of tittited Fine & Casualty Company, a Viet~ President of united Fire & Indemnity Company, and it Vice President of Financial Pacific Insurance Compau} the corporations described in and which exectted 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 sane to be the act and deed of said corporations. FaWaddell N ^C2� , = Iowa Notarial Seal )j _{,/J Commission number 713274 V Notary Public ar► My Commission Expires 10/26/2022 My conunission expires: 10.`26/2022 I, Mary A. Bertsch, Assistant Secretary of thnited Fire & Casualty Company and Assistant Secretary of Lhnited Pure & huheraluty Company, and Assistant Secretary of Financial Pacific Instirance 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 'FILL IIOML OFFICE OF_SAll) C(RPORATIONS, and that tie sane are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney ha,, not been revoked and is now in fill force and effect. Iit test n whereol'I hav, hereunto subscribed my nam e and affixed corporate seal seal of the said Corporations this 4t i dayor i�UgUSt )o G q P� � t.: gPGRPOHgl G'�,r. +S CnRt'CIHATF r+ y.- w C(iRPIrR,T[ q,% � ULY 27 Fp o' r = ByltJ/U l� tiLAI � ` SEAL 7. O w6 P : Q' anrrns"�` ,a�°� Assistant Secretary, urnnn+++ nnnnm++` tIF&C & 1!F&I & Fi IC BPOA0049 1u7 This paper has a colored background and void pantograph. EROSION CONTROL CERTIFICATION SECTION 00900 Dated: 08-25-22 City: City of Dubuque Address: 50 W. 13t" Street Dubuque, IA 52001 Project: Comiskey Park — Phase 1 Redevelopment Project CIP No. 3601105, 1021151, 2601544, 1021578, 2601578, 3401654, 1022292, 3602739,2602825 Description: The project includes redevelopment of Comiskey Park including sidewalks, basketball court, lighting, electrical wiring including conduit, storm sewer, playground equipment, playground surfacing, splash pad including utility connections, roof modifications downspout additions, grading, HMA pavement, pavement marking, landscape plantings, Picnic shelters, seat walls, and erosion control. I certify under penalty of law that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) Permit that authorizes the storm water discharges associated with industrial activities from the construction site and as detailed in the Contract Documents. Further, by my signature, I understand that I am becoming a co-permittee, along with the owner(s) and other contractors and subcontractors signing such certifications, to the Iowa Department of Natural Resources NPDES General Permit No. 2 for "Storm Water Discharge Associated with Industrial Activity for Construction Activities" at the project site. As a co-permittee, I understand that I, and my company, are legally required under the Clean Water Act and the Code of Iowa, to ensure compliance with the terms and conditions of the storm water pollution prevention plan developed under this NPDES permit and the terms of this NPDES permit. I agree to indemnify and hold the City harmless from any claims, demands, suits, causes of action, settlements, fines, or judgments and costs of litigation, including, but not limited to, reasonable attorney's fees and costs of investigation and arising from a condition, obligation, or requirement assumed or to be performed by the Contractor for storm water pollution and erosion control. Fines and other costs incurred against the City for the Contractor's failure to provide the required erosion control practices will be paid by the Contractor. Contractor: Portzen Construction, Inc. By: 4a�ix (Authorized SignatUie) Michael J. Portzen, President (Title) ==== END OF SECTION 00900 ==== COMISKEY PARK — PHASE 1 EROSION CONTROL CERTIFICATION REDEVELOPMENT PROJECT 00900-1 Bid Set— July 20, 2022 SD #2019-012 ACCN?�® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/24/2022 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 AssuredPartners Great Plains, LLC dba Friedman Insurance PO Box 759 Dubuque IA 52004-0759 CONTACT NAME: Pam BUchholtZ PHONE FAX AI( C. No Est : 563-556-0272 Afc No): 563-556-4425 E-MAIL ADDRESS: buchholtz friedman- rou .com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Midwest Builders' Casualty Mutual Company 13126 INSURED PORTCON-02 Portzen Construction Inc. 205 Stone Valley Dr. INSURER B: Sentry Insurance a Mutual Company 24988 INSURER c Dubuque IA 52003 INSURERD; INSURER E : INSURER F : rnV=PAnPQ CFRTIFICATF KItIMRFR: RF4n1n4R4 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 TYPEOFINSURANCE ADDL SUBR POLICYNUMBE POLICY EFF MM/DD/YYY.J P041CY EXP M D LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y A0160590 12/31/2021 12/31/2022 EACH OCCURRENCE $1,000,000 PREMISES O a occ Err n ) $ 500,000 CLAIMS -MADE CI OCCUR MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GE_N'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $2,000,000 IX I PRO - POLICY JECT LOC $ OTHER. AUTOMOBILE LIABILITY A0160590 COMBINEDSINGLE.LIMIT Z accident) $1,000,000B BODILY INJURY (Pet person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED _ AUTOS ONLY AUTOS X HIRED X NON -OWNED AU OS ONLY AUTOS ONLY - PROPERTYDAMAGE Peraccident) _JEe $ UUUIM $ 100,000 B X UMBRELLA LIAB X OCCUR A0160590 12/31/2021 12/31/2022 EACH OCCURRENCE $10.000,000 AGGREGATE $ 10,000,000 EXCESS LIAR _ t CLAIMS -MADE $ DED RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNER/EXECUTIVE —N Y WC100-0001565-2021A 12/31/2021 12/31/2022 X STATUTE EORH E.L. EACH ACCIDENT $ 500,000 E.L. UISEASE • EA EMPLOYEE $ 500,000 OFFICER/MEMBEREXCLUDED? (Mandatory in NH) N/A E.L. DISEASE -POLICY LIMIT $ 500 000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Project: Comiskey Park Phase I Redevelopment Projecit. 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 is listed as Additional Insured on a primary & non-contributory basis for on -going and completed operations with respect to general liability as provided by endorsements CG7021, CG2001, CG2010, & CG2037 and on Automobile Liability per endorsement CA7601. Governmental Immunities in favor of the additional insured for the general liability as provided by endorsement CG7008. Waiver of Subrogation in favor of the additional insured is included for the general liability, auto liability and workers compensation as provided by endorsements CG2404, CA0444 and WC000313. CERTIFICATE HOLDER L;Ar4UtLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Dubuque 50 W 13th Street AU ORIZED REPRESENTATIVE Dubuque IA 52001 W-IWOO-AU'1OAkUMUA�VrcrvrwIIVIV. AllHUMS rebUrVUU. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: COMMERCIAL AUTO CA 76 0106 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY AND NONCONTRIBUTORY - COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in: (1) Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms; or (2) Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. B. Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other auto insurance issued to the person or organization in the schedule under your policy provided that: (1) The person or organization is a Named Insured under such other insurance; and (2) Prior to the "accident' you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the person or organization. CA 76 0106 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 SPECIMEN COPY with its permission. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 A0160590 Middlesex 1 00001 0000000000 20365 0 N B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. U Insurance Services Office, Inc., 2012 OnItee-b7/e-4a51-8cbc-1fc19 W80 Page 1 of 1 12/30/2020 POLICY NUMBER: COMMERCIAL AUTO CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 4410 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 SPECIMEN COPY COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 0413 U Insurance Services Office, Inc., 2012 Page 1 of 1 SPECIMEN COPY POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 70 08 0118 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IOWA GOVERNMENTAL IMMUNITY ENDORSEMENT This endorsement modifies the coverage provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name and Mailing Address of Municipality, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. With respect to the insurance provided to the 3. Assertion of Governmental Immunity municipality shown in the Schedule, the following a. The municipality shown in the Schedule will applies: be responsible for asserting any defense of Governmental Immunities Provision governmental immunity, and may do so at any time and will do so upon our timely 1. Nonwaiver of Governmental Immunity written request. Nothing contained in this a. We expressly agree and state that the endorsement shall prevent us from purchase of this policy or the including of asserting the defense of governmental the municipality shown in the Schedule as immunity on behalf of the municipality an additional Insured does not waive any of shown in the Schedule. the defenses of governmental immunity 4. Non -Denial of Coverage available to them under Code of Iowa Section 670.4 as it now exists and as it a. We will not deny coverage under this policy may be amended from time to time. and we will not deny any of the rights and benefits accruing to the municipality shown 2. Claims Coverage in the Schedule for reasons of a. We agree that this policy shall cover only governmental immunity unless and until a those claims not subject to the defense of court of competent jurisdiction has ruled in governmental immunity under the Code of favor of the defense(s) of governmental Iowa Section 670.4 as It now exists and immunity asserted by the municipality may be amended from time to time. Claims shown in the Schedule. not subject to the Code of Iowa Section 5. No Other Change in Policy 670.4 will be subject to the terms and conditions of this policy. a. 'The above preservation of governmental immunities will not otherwise change or alter the coverage available under this policy. CG 70 08 01 18 A0160590 Middlesex 1 00001 0000000000 20365 0 N Includes copyrighted material of Insurance Services Office, Inc., with its permission. 'hGaDd81-0326-067-053 6080MI82f Page 1 of 1 12/30/2020