Award Construction Contract - Granger Creek Lift Station Improvements (Project ID: 5581500009)City of Dubuque
City Council Meeting
Action Items # 08.
Copyrighted
June 17, 2024
ITEM TITLE: Award Construction Contract - Granger Creek Lift Station Improvements
(Project I D: 5581500009)
SUMMARY: City Manager recommending City Council award the construction
contract for the Granger Creek Lift Station Improvements Project,
pending Iowa Financing Authority (IAF) approval, through the adoption of
the enclosed resolution, to Tri-Con General Construction Inc, of
Dubuque Iowa in the amount of $1,221,000.
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
MVM Memo
Staff Memo
Resolution
Bid Tab
Contract Award Form
RESOLUTION Awarding Public Improvement Construction Contract for
the Granger Creek Lift Station Improvements Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Letter of Award Recommendation
Type
City Manager Memo
Staff Memo
Resolutions
Supporting Documentation
Supporting Documentation
Supporting Documentation
THE C
Dubuque
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Masterpiece on the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Award Construction Contract - Granger Creek Lift Station Improvements
(Project ID: 5581500009)
DATE: June 11, 2024
City Engineer Gus Psihoyos is recommending City Council award the construction
contract for the Granger Creek Lift Station Improvements Project, pending Iowa
Financing Authority (IAF) approval, through the adoption of the enclosed resolution, to
Tri-Con General Construction Inc, of Dubuque Iowa in the amount of $1,221,000.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Jenny Larson, Chief Financial Officer
Deron Muehring, Water and Resource Recovery Center Director
Bob Schiesl, Assistant City Engineer
Max O'Brien, Civil Engineer
Todd Irwin, Engineering Technician
THE CITYF
DUijB- EE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: June 10, 2024
Dubuque
AII•Ameriea City
-1x_II.
2007-2012-2013
2017*2019
SUBJECT: Award Construction Contract - Granger Creek Lift Station Improvements
(Project ID: 5581500009)
INTRODUCTION
This memorandum requests the City Council award the Granger Creek Lift Station
Improvements construction contract pending Iowa Financing Authority (IAF) approval.
BACKGROUND
In 1998 the City began to extend sanitary sewer along Granger Creek, for the Dubuque
Technology Park development. The Granger Creek Interceptor Sewer (GCIS)
extension consisted of the Granger Creek Pump Station and approximately 17,600 LF
of both 20 inch and 18" diameter pipe. In 2015, the City extended the interceptor sewer,
continuing along Granger Creek and U.S. Highway 151/61, to the Dubuque Regional
Airport. The GCIS extension increased the sanitary Sewer Shed 4 to approximately
6,300 acres.
Since the GCIS and the extension to the Dubuque Regional Airport has been
completed, several adjacent areas in or near Key West have connected to the City's
sewer system, such as Table Mound Mobile Home Park, Kerrigan Heights Subdivision,
Truck Country, a portion of Twin Ridge Subdivision, and Silver Oaks Subdivision.
Tamarack Business Park and the City's Crossroads Industrial Park, along with other
adjacent parcels, are also able to be served by GCIS.
The City of Dubuque submitted a facility plan to Iowa Department of Natural Recourses
(IDNR) based on the results of an intensive evaluation of the existing interceptor
collection and pumping systems that convey sewage to the Water Resource Recovery
Center (WRRC), in September of 2021. The facility plan identified three improvement
projects related to the Granger Creek Interceptor Sewer System: Granger Creek Lift
Station Capacity Improvements, Twin Ridge Sanitary Sewer Extension and lagoon
abandonment and the Tamarack Sanitary Sewer Extension.
The Granger Creek Lift Station Improvements Project will increase the firm pumping
capacity of the existing Granger Creek Lift Station from 0.5 MGD to 2.9 MDG. The
increased pumping capacity is needed to serve additional areas that are now served by
the original Granger Creek Interceptor Sewer (constructed in 1998) and the extension of
the interceptor sewer to the Dubuque Regional Airport (constructed in 2015). The project will
also provide upgrades to the existing Catfish Creek Lift Station. The installation of the new
Granger Creek Lift Station control equipment, within the Catfish Creek Lift Station Building, will
require some minor modifications to electrical fixtures and the replacement of the existing HVAC
system, to be code compliant.
The installation of the new control equipment, for the upgraded Granger Creek Lift Station, will
require the Catfish Creek Lift Station HVAC system to be replaced to ensure proper temperature
control, for all electrical components, and proper ventilation for personnel entering the building.
The new HVAC system will utilize the existing roof penetrations, used by the existing system,
but will require modifications to the existing openings. The modified roof openings will require
the replacement of the existing roofing system. The existing roofing system is in extremely poor
condition and is not able to be modified to accommodate the changes.
DISCUSSION
On June 6, 2024, the City received four bids for the Granger Creek Lift Station
Improvements Project. The attached bid tabulation sheet summarizes the bids received
by the City. The low bid was received from Tri-Con General Construction Inc. of
Dubuque, Iowa, in the amount of $1,221,000 which is 2.32% below the Engineer's
estimate of $1,250,000.
The execution of the Contract may be delayed pending approval from the Iowa
Financing Authority (IAF).
RECOMMENDATION
I recommend that the City Council award the construction contract, for the Granger
Creek Lift Station Improvements Project, to Tri-Con General Construction Inc. pending
Iowa Financing Authority (IAF) approval.
BUDGETIMPACT
The awarded cost for the Granger Creek Lift Station Improvement Project is
summarized as follows and is one of three projects to be included in a single State
Revolving Loan Fund (SRF) loan being utilized to fund the projects. The Tamarack
Sanitary Sewer Extension Project and the Twin ridge sanitary Sewer Extension and
Lagoon Abandonment Project are presented under separate memos:
Description
Estimate
Planning & Design
$
166,200.00
Construction
$
1,221,000.00
Contract Admin / Construction Engineering
$
203,000.00
Contingency
$
146,218.18
City Staff & Legal
$
38,181.82
0.5% SRF Loan Origination Fees (Reduced due to EPA Grant)
$
2,126.70
Total Project Cost
$
1,776,816.70
All three of the projects identified in the facility plan are utilizing State Revolving Fund
(SRF) loan proceeds for design and construction. The construction of the Granger
Creek Lift Station Improvements is being funded utilizing a combination of a State
Revolving Fund (SRF) loan as a 20% match toward a $1,000,000 grant through the
EPA Community Grants Program.
The SRF loan is being funded through multiple Fiscal Year appropriations as detailed
below:
Granger Creek Lift Station Capacity Improvements Project Funding
FY 22
5581500009
Catfish/Granger Lift Station Improvements
$ 130,000.00
FY 23
5581500009
Catfish/Granger Lift Station Improvements
$ 607,650.00
FY 24
5581500009
Catfish/Granger Lift Station Improvements
$ 134,265.99
FY 24
5581500009
EPA Community Grant
$ 1,000,000.00
Total SRF & EPA Grant Project Funding
1.871.915.99
ACTION TO BE TAKEN
I respectfully request that the City Council Award the construction contract for the
Granger Creek Lift Station Improvements Project, pending Iowa Financing Authority
(IAF) approval, through the adoption of the enclosed resolution, to Tri-Con General
Construction Inc, of Dubuque Iowa in the amount of $1,221,000.
Prepared by Todd Irwin, Engineering Technician
cc: Jenny Larson, Chief Financial Officer
Deron Muehring, Water & Resource Recovery Center Director
Bob Schiesl, PE, Assistant City Engineer
Max O'Brien, PE Civil Engineer
Todd Irwin, Engineering Technician
3
Prepared by Todd Irwin City of Dubuque Engineering 50 W. 1Vh St. Dubuque, IA 52001 563 589-4270
Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 1311 St. Dubuque, IA 52001 (563)589-4100
RESOLUTION NO. 205-24
AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE
GRANGER CREEK LIFT STATION IMPROVEMENTS PROJECT
WHEREAS, sealed proposals have been submitted by contractors for the Granger
Creek Lift Station Improvements Project, (the Project) pursuant to Resolution No. 119-24
and Notice to Bidders published on the City of Dubuque, Iowa website and plan room
service with statewide circulation on the 8th day of May 2024; and
WHEREAS, said sealed proposal was opened and read on the 6th day of June
2024 and it has been determined that Tricon General Construction, Inc., of Dubuque,
Iowa submitted low bid in the amount of $1,221,000.00, and is the lowest responsive,
responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
SECTION 1. That a Public Improvement Construction Contract for the Project is
hereby awarded to Tricon General Construction, Inc. and the City Manager is hereby
directed to execute a Public Improvement Construction Contract on behalf of the City of
Dubuque for the Project, subject to the concurrence of the Iowa Financing Authority.
Passed, adopted, and approved this 17th day of May 2024.
B d M. a li, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
THE CITY OF
DUB E
Masterpiece on the Mississippi
City of Dubuque, Iowa
Bid Tabulation
Project Title:
Granger Creek Lift Station Modification S2022-0094A
Bid Date Engineer's Estimate
Tricon General Construction, Inc
Portzen Construction
F
Boomerang Corp
WRH
6-Jun-24
REFERENCE
BID ITEM DESCRIPTION
[UNIT] ESTIMATED UNIT
TOTAL PRICE
BPRICE ID UNIT
TOTAL PRICE
BPRICE ID UNIT
TOTAL PRICE
BPRICE ID UNIT TOTAL PRICE
BPRICE ID UNIT TOTAL PRICE
NNE NUMBER
NUANTNTY
Special Provisions - Non -Standard Project Items
1 SP
Granger Creek Lift Station Modifications
1 LS $ 1,250,000.00
$ 1,250,000.00
$ 1,221,000.00
$ 1,221,000.00
$ 1,245,000.00
$ 1,245,000.00
$ 1,376,000.00 $ 1,376,000.00
$ 1,376,800.00 $ 1,376,800.00
Sub Total
$ 1,250,000.00
Sub Total
$ 1,221,000.00
Sub Total
$ 1,245,000.00
Sub Total $ 1,376,000.00
Sub Total $ 1,376,800.00
Total Bid Amount:
$ 1,250,000.00
$ 1,221,000.00
$ 1,245,000.00
$ 1,376,000.00
$ 1,376,800.00
Total Bid
$ 1,221,000.00
Total Bid
$ 1,245,000.00
Total Bid $ 1,376,000.00
Total Bid $ 1,376,800.00
% Over/ Under (-)
-2.32%
-0.40%
10.08%
10.14%
THE CITY OF
DUB E City of Dubuque, Iowa
Construction Contract Award
Masterpiece on the Mississippi Award Date: 17-Jun-24
Project Title: Granger Creek Lift Station Modification S2022-
0094A
Contractor Name: Tricon General Construction, Inc
Address 1230 East 12th St.
City, State, Zip Dubuque, IA 52001
Contract LINE REFERENCE PLAN
Award NO. NUMBER DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE
Item
Special Provisions - Non -Standard Project Items
Award 1 SP Granger Creek Lift Station Modifications 1 LS $ 1,221,000.00 $ 1,221,000.00
Sub Total $ 1,221,000.00
Contract Award Amount: $ 1,221,000.00
4 AML I
STRAND
ASSOCIATES®
Excellence in Engineering5"
Strand Associates, Inc 0
910 West Wingra Drive
Madison, WI 53715
(P) 608.251.4843
www.strand.com
June 7, 2024
Mr. Todd Irwin, Project Manager
City of Dubuque
Engineering Department
50 West 13th Street
Dubuque, IA 52001
Re: Granger Creek Sanitary Sewer Pump Station Modifications
Iowa Department of Natural Resources Project No. S2022-0094A
City of Dubuque, Iowa (City)
Dear Todd,
Bids for the above -referenced Project were opened by the City on June 6, 2024. Four Bids were received
with the resulting Bid tabulation enclosed.
Tricon Construction Group (Tricon) of Dubuque, Iowa, was the apparent low Bidder at $1,221,000,
which was less than the ENGINEER's opinion of probable construction cost. The Bid included a Bid
Bond for 10 percent and Addendum No. 1 was acknowledged. The Bid is deemed to be responsive.
Strand Associates, Inc.® has previously worked with Tricon on the City's Bee Branch Creek Restoration —
Railroad Culvert Crossing Project. For that project, Tricon was determined to be responsible.
If you determine that Tricon is a responsible Bidder after your evaluation of its qualifications, we
recommend proceeding with award of the Contract in accordance with Article 200.15 of the Instructions
to Bidders.
Sincerely,
STRAND ASSOCIATES, INC.®
Bradley J. a e, P.E.
Enclosure
1154.096\BJL:Ier\\\strand.com\allcorpdata\MAD\Documents\Specifications\Archive\2024\Dubuque, City of(IA)\1154.096.S2022-0094A.bjl\(16) Specification Letters\(a) Resulting Bid
Tabulation\060724.docx
Arizona I Illinois I Indiana I Iowa I Kentucky I Ohio I Tennessee I Texas I Wisconsin
1
Adrienne Breitfelder
From:Kerry Bradley
Sent:Thursday, July 11, 2024 4:37 PM
To:hammond.emily@dorsey.com; Todd Irwin
Cc:Grossklaus.David@dorsey.com; Jenny Larson; Adrienne Breitfelder
Subject:RE: Touching base re: Dubuque bid letting proceedings
Attachments:Award Construction Contract - Granger Creek Lift Station Improvements (Project ID_
5581500009).pdf; Granger Bid Bond.pdf; 24_07_09 Granger Creek Sanitary Sewer Pump
Station Modification - SIGNED contractbond.pdf; Non-Litigation Granger.pdf
Hi Emily,
Requested info for Granger Creek attached.
Thank you.
Kerry Bradley(she/her)
Engineering Department | City of Dubuque
City Hall | 50 W 13th St. Dubuque, IA 52001
O: 563.589.4270
From: hammond.emily@dorsey.com <hammond.emily@dorsey.com>
Sent: Monday, July 8, 2024 11:37 AM
To: Todd Irwin <Tirwin@cityofdubuque.org>
Cc: Grossklaus.David@dorsey.com; Kerry Bradley <Kbradley@cityofdubuque.org>; Jenny Larson
<Jlarson@cityofdubuque.org>; Adrienne Breitfelder <Abreitfe@cityofdubuque.org>; Kerry Bradley
<Kbradley@cityofdubuque.org>
Subject: RE: Touching base re: Dubuque bid letting proceedings
Caution! This message was sent from outside your organization. Never give your login
information and password over email! Allow sender | Block sender
sophospsmartbannerend
Good morning,
I hope everyone had a nice holiday weekend! We had a note on our work calendar to check on the status of the
following in connection with the Tamarack, Granger Creek, and Twin Ridge projects:
Executed resolutions awarding contracts for each project
Bid security from the successful bidder for each project
Satisfactory performance and payment bonds for each project
Executed contracts for each project
Executed non-litigation certificates (to be executed after the contracts and surety bonds have been received)
After those items have been sent over to us, we can prepare and submit a bid letting opinion to IFA for each project.
2
Additionally, please keep us in the loop as the construction loan application(s) and proforma(s) are submitted to IFA.
Thank you!
Emily C. Hammond
Senior Attorney
(She/Her/Hers)
DORSEY & WHITNEY LLP
801 Grand Avenue
Suite 4100 | Des Moines, IA 50309-8002
P: 515.697.3636 F: 515.608.4578
WWW.DORSEY.COM :: DES MOINES :: BIO :: V-CARD
CONFIDENTIAL COMMUNICATION
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient.
Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received
this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments,
including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof.
Thank you.
From: Hammond, Emily
Sent: Thursday, June 13, 2024 3:19 PM
To: 'Todd Irwin' <Tirwin@cityofdubuque.org>
Cc: Grossklaus, David <Grossklaus.David@dorsey.com>; Kerry Bradley <Kbradley@cityofdubuque.org>; Jenny Larson
<Jlarson@cityofdubuque.org>; Adrienne Breitfelder <Abreitfe@cityofdubuque.org>; Kerry Bradley
<Kbradley@cityofdubuque.org>
Subject: RE: Touching base re: Dubuque bid letting proceedings
Hi Todd,
Thanks again for sending those resolutions for our review! We had a few items we thought might be worth discussion:
I believe the resolutions should be dated June 17 instead of May 17 (this is small really small nit)
Can you confirm that all of the bids were received before the due date for bids and opened at time and place
listed in the Notice to Bidders?
We noticed the following language in the resolution awarding each contract: “subject to the concurrence of the
Iowa Financing Authority.” There is an Iowa Supreme Court Case from the City of Fairfield which says, in part,
that contingent award does not constitute award. However, the practical implications are likely minimal, so this
is probably not a huge deal. I’d be happy to discuss this with you if you’d like.
Here are the remaining items that we need prior to signing each opinion:
Bid security from the successful bidders
Executed resolutions awarding a contract
Satisfactory performance and payment bonds for each project
Executed contracts for each project
Executed non-litigation certificates (to be executed after the contracts and surety bonds have been received)
3
Please feel free to reach out with any questions or to discuss. I’m happy to jump on the phone if it would be helpful.
Thanks,
Emily C. Hammond
Senior Attorney
(She/Her/Hers)
DORSEY & WHITNEY LLP
801 Grand Avenue
Suite 4100 | Des Moines, IA 50309-8002
P: 515.697.3636 F: 515.608.4578
WWW.DORSEY.COM :: DES MOINES :: BIO :: V-CARD
CONFIDENTIAL COMMUNICATION
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient.
Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received
this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments,
including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof.
Thank you.
From: Todd Irwin <Tirwin@cityofdubuque.org>
Sent: Tuesday, June 11, 2024 10:40 AM
To: Hammond, Emily <hammond.emily@dorsey.com>
Cc: Grossklaus, David <Grossklaus.David@dorsey.com>; Kerry Bradley <Kbradley@cityofdubuque.org>; Jenny Larson
<Jlarson@cityofdubuque.org>; Adrienne Breitfelder <Abreitfe@cityofdubuque.org>; Kerry Bradley
<Kbradley@cityofdubuque.org>
Subject: RE: Touching base re: Dubuque bid letting proceedings
EXTERNAL FROM OUTSIDE DORSEY. BE CAUTIOUS OF LINKS AND ATTACHMENTS.
Good Morning Emily,
I’ve attached the draft resolutions for each of the three contracts to be awarded. Also, I’ve included the bid
tabulation and contract award forms. Earlier this morning I cc’d you on an email, to Jenny Larson, with the SRF
Construction loan Application attached. Also, I saw that Kerry has provided you with the resolutions for the public
hearing.
Is there anything else that you will need to write the legal opinion?
Thanks
Todd
From: hammond.emily@dorsey.com <hammond.emily@dorsey.com>
Sent: Monday, June 10, 2024 9:47 AM
To: Todd Irwin <Tirwin@cityofdubuque.org>
Cc: Grossklaus.David@dorsey.com; Kerry Bradley <Kbradley@cityofdubuque.org>; Jenny Larson
<Jlarson@cityofdubuque.org>; Adrienne Breitfelder <Abreitfe@cityofdubuque.org>
Subject: RE: Touching base re: Dubuque bid letting proceedings
sophospsmartbannerend
Hi Todd,
4
I hope your week is off to a good start! We have a note on our calendar that the City is planning to consider bids and
award a contract for each of the three projects at the meeting next week. When you get a chance, would you mind
sending us the resolution that the Council is planning to adopt so we can confirm compliance with Chapter 26?
Additionally, we would appreciate copies of the resolutions that were adopted to approve plans & specs for each
project. We just want to make sure our bid letting transcripts are complete so we can sign the legal opinions on the bid
letting processes for the SRF Program.
Please feel free to follow up with questions or to discuss.
Thanks!
Emily C. Hammond
Senior Attorney
(She/Her/Hers)
DORSEY & WHITNEY LLP
801 Grand Avenue
Suite 4100 | Des Moines, IA 50309-8002
P: 515.697.3636 F: 515.608.4578
WWW.DORSEY.COM :: DES MOINES :: BIO :: V-CARD
CONFIDENTIAL COMMUNICATION
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient.
Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received
this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments,
including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof.
Thank you.
From: Todd Irwin <Tirwin@cityofdubuque.org>
Sent: Thursday, May 16, 2024 3:59 PM
To: Hammond, Emily <hammond.emily@dorsey.com>
Cc: Grossklaus, David <Grossklaus.David@dorsey.com>; Kerry Bradley <Kbradley@cityofdubuque.org>; Jenny Larson
<Jlarson@cityofdubuque.org>; Adrienne Breitfelder <Abreitfe@cityofdubuque.org>
Subject: RE: Touching base re: Dubuque bid letting proceedings
EXTERNAL FROM OUTSIDE DORSEY. BE CAUTIOUS OF LINKS AND ATTACHMENTS.
Hi Emily,
Yes, our preference would be that we prepare all city council documents and send them to you for review.
Thanks
Todd
From: hammond.emily@dorsey.com <hammond.emily@dorsey.com>
Sent: Thursday, May 16, 2024 3:12 PM
To: Todd Irwin <Tirwin@cityofdubuque.org>
Cc: Grossklaus.David@dorsey.com
Subject: Touching base re: Dubuque bid letting proceedings
5
sophospsmartbannerend
Hi Todd,
I hope your week is going well! Jenny had reached out to Dave earlier this month recommending that you and Kerry
prepare the City Council proceedings related to the bid letting processes, and we just review those prior to each meeting
to confirm that they comply with the Iowa Code. Is that your preference? If so, that will work on our end. We’ll just
want to make sure we review those resolutions for statutory compliance ahead of the relevant City Council
meetings. Alternatively, we are happy to prepare the City Council resolutions.
Please let us know your thoughts, and we’ll proceed accordingly.
Thanks, Todd!
Emily C. Hammond
Senior Attorney
(She/Her/Hers)
DORSEY & WHITNEY LLP
801 Grand Avenue
Suite 4100 | Des Moines, IA 50309-8002
P: 515.697.3636 F: 515.608.4578
WWW.DORSEY.COM :: DES MOINES :: BIO :: V-CARD
CONFIDENTIAL COMMUNICATION
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient.
Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received
this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments,
including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof.
Thank you.
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
Granger Creek Sanitary Sewer Pump Station Modifications
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 24th day of June , 2024 between the City of Dubuque, Iowa, by its
City Manager, through authority conferred upon the City Manager by its City Council (City), and
Tricon General 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
Granger Creek Sanitary Sewer Pump Station Modifications (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) 2023 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2023 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. 1 through No. 20 (20 pages) or drawings consisting of
sheets bearing the following general title:
Granger Creek Sanitary Sewer Pump Station Modifications
12.Addenda (numbers 1 to 1 , 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).
SECTION 00500
Page 2 of 6
17. Erosion Control Certificate (Section 00900).
18. Consent Decree (Section 01000).
19.Other Project Information and Permits (Section 01100).
20. Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages _ to _, inclusive).
b. Bidder Status Form (Section 00460).
c. Contractor Background Information Form (Section 00471)
d. The following documentation that must be submitted by Contractor prior to Notice
of Award.
e. None.
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
SECTION 00500
Page 3 of 6
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, and
Strand Associates, Inc.® 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. The City and the Contrpctor agree to comply with all provisions of the Davis -Bacon
Federal Prevailing Wage Act, if applicable, and related labor requirements and
regulations and the Federal Wage Determination for this Project.
SECTION 00500
Page 4 of 6
C. Equipment or products authorized to be purchased with federal funding awarded for this
Contract must be American -made to the maximum extent feasible, in accordance with
Public Law 103-121, Sections 606(a) and (b).
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. 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.
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.orq/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
1
07/09/2024
Bond No. 2355948
SECTION 00600
Page 1 of 4
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we Tricon General Construction, Inc. as
Principal (hereinafter the "Contractor" or "Principal") and
Swiss Re Corporate Solutions America Insurance Corporation 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, two hundred twenty one thousand dollars and zero cents. ($1,221,000.00), 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 24th day of June , 2024, (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 Granger
Creek Sanitary Sewer Pump Station Modifications Project, Project detail the
following described improvements:
CIP # 1001653 55815-00006,
DNR Project Number: 52022-0094A
The project consists of the replacement of the submersible pumps within and existing
Granger Creek Pump Station wet well, removal and replacement of an existing valve vault,
replacement of related force main piping, valves, supports and appurtenances, removal
and replacement of existing electrical and controls, housed within the Catfish Creek Pump
Station building. The project also includes modifications to the HVAC system and roofing
replacement for the existing Catfish Creek Pump Station building
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.
SECTION 00600
Page 2 of 4
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing materials for or
performing labor in the performance of the Contract on account of which this Bond is given,
including but not limited to claims for all amounts due for labor, materials, lubricants, oil,
gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor
or any subcontractor, wherein the same are not satisfied out of the portion of the contract
price the Owner is required to retain until completion of the improvement, but the Contractor
and Surety shall not be liable to said persons, firms, or corporations unless the claims of said
claimants against said portion of the contract price shall have been established as provided
by law. The Contractor and Surety hereby bind themselves to the obligations and conditions
set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as
though fully set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own
expense:
A. To remedy any and all defects that may develop in or result from work to be performed
under the Contract Documents within the period of two (2) year(s) from the date of
acceptance of the work under the Contract, by reason of defects in workmanship,
equipment installed, or materials used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any
defects are remedied, and to repay the Owner all outlay and expense incurred as a
result of Contractor's and Surety's failure to remedy any defect as required by this
section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepted.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
A. To consent without notice to any extension of time authorized in approved change
orders to the Contractor in which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,
authorized in approved change orders which thereby increases the total contract price
and the penal sum of this Bond, provided that all such changes do not, in the aggregate,
involve an increase of more than twenty percent (20%) of the total contract price, and
that this Bond shall then be released as to such excess increase;
C. To consent without notice that this Bond shall remain in full force and effect until the
Contract is completed, whether completed within the specified contract period, within
an extension thereof, or within a period of time after the contract period has elapsed
and the liquidated damage penalty is being charged against the Contractor.
SECTION 00600
Page 3 of 4
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
D. That no provision of this Bond or of any other contract shall be valid that limits to less
than five (5) years after the acceptance of the work under the Contract the right to sue
on this Bond.
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way,
but shall include the actual and reasonable costs and expenses incurred by the Owner
including interest, benefits, and overhead where applicable. Accordingly, "all outlay and
expense" would include but not be limited to all contract or employee expense, all
equipment usage or rental, materials, testing, outside experts, attorney's fees (including
overhead expenses of the Owner's staff attorneys), and all costs and expenses of
litigation as they are incurred by the Owner. It is intended the Contractor and Surety
will defend and indemnify the Owner on all claims made against the Owner on account
of Contractor's failure to perform as required in the Contract and Contract Documents,
that all agreements and promises set forth in the Contract and Contract Documents, in
approved change orders, and in this Bond will be fulfilled, and that the Owner will be
fully indemnified so that it will be put into the position it would have been in had the
Contract been performed in the first instance as required.
In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to
which the Contractor or Surety should have provided the defense, or in the enforcement of the
promises given by the Contractor in the Contract, Contract Documents, or approved change orders,
or in the enforcement of the promises given by the Contractor and Surety in this Bond, the
Contractor and Surety agree that they will make the Owner whole for all such outlay and expense,
provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five
percent (125%) of the penal sum of this Bond.
In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that
the venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner
to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of
the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay
and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner
hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and
remedies given to the Owner, by law. The Owner may proceed against surety for any amount
guaranteed hereunder whether action is brought against the Contractor or whether Contractor is
joined in any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform
all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents,
and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and
effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined
in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract,
or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC")
WESTPORT INSURANCE CORPORATION ("WIC")
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its
principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint:
TI-IOMAS O. CHAMBERS, TODD SCHAAP, ICIMBERLY S. RASCH, and PAUL JACOBSEN
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of
UNLIMITED
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its
Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant
Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Corporation when so affixed and in the future with regard to anv bond, undertaking or contract of surety to which it is attached."
d nBAM Cy•r lAsx . .Rr"
td.Ok.�i43:4040te,•»%
v,.ty° 4T.n . 4t , 4 F"'•
SEAL
SEAL
S • .Q ^
Y o.0•0, By
wn*,,,nwna,
By
ErikJansren. Senior Vice President of SRCSAIC & Senior Vice President
or SRCSPIC & Sailor Vice President or WIC
Gerald Jagrowdd, Vice President of SRCSAIC& Vkerreeident ofSRCSFIC
& Vgee President of WIC
IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their
authorized officers
this 10 day of NOVEMBER 20 22
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook ss Westport Insurance Corporation
On this 10 day of NOVEMBER 20 22 before me, a Notary Public personally appeared Erik Janssens, Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski , Vice President of SRCSAIC and Vice President of
SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney
as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies.
I, Jeffrey Goldberg the duly elected Senior Vice President nd Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and
foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed he seals of the Companies tlus25th day of June 2024 .
•
Jeffrey Goldberg, Senior Vice President &
Assistant Secretary of SRCSAIC and
SRCSPIC and WIC
SECTION 00450
Page 1 of 1
BID BOND
SECTION 00450
We Tricon General Construction, Inc. as Principal (Contractor), and
Swiss Re Corporate Solutions America Insurance Corporation as Surety, are held and firmly
bound unto the City of Dubuque, Iowa (City), in the sum of $ �#n/ ?eecd-r (Indicate
the bond value, in dollars, which is 10% of the Bid amount), (use numbers) for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, firmly by these presents. The condition of
this obligation is such that whereas the Principal has submitted the accompanying Bid, dated
6th day of June 2024 for Granqer Creek Sanitary
Sewer Pump Station Modifications (Project).
NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified
therein during the opening of same, or if no period specified, within thirty (30) days after said
opening, and must within the period specified therefore, if no period be specified, within ten (10)
days after date of City's Notice of Award, enter into a the Public Improvement Contract with the
City, in accordance with the Bid as accepted, and give Bond with good and sufficient surety or
sureties, as may be required for the faithful performance and proper fulfillment of such Contract,
then the above obligation shall be void and of no effect, otherwise to remain in full force.
The full amount of this Bid Bond will be forfeited to the City as an Agreed Cost of Delay in
the event that the Principal fails to execute the contract and provide the Bond as provided in the
Contract Documents or by law.
IN WITNESS WHEREOF, the above parties have executed this instrument under their
several seals this 6th day of June , 2024 the name and
corporate seal of each corporate party being hereto affixed and duly signed by its undersigned
representative pursuant to authority of its governing body.
PRINCIPAL:
Tricon General Construction, Inc.
Contractor Name
By:
Signature Ronsid L Richard
Owner
Title
06/06/2024
SURETY:
Swiss Re Corporate Solutions America Insurance Corporation
Surety Name
By- �--t
Sfqn
-
a e
Thomas O. Chambers, Attorney-iiii-Fact
Title ^�
06/06/2024
Date Date
==== END OF SECTION 00450 ====
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC")
WESTPORT INSURANCE CORPORATION ("WIC")
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY TIIESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its
principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint:
THOMAS O. CHAMBERS. TODD SCHAAP, KIMBERLY S. RASCH, and PAUL JACOBSEN
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, sea] and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
UNLIMITED
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its
Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary orany Assistant
Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the sea) of the Corporation; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Corporation when so affixed and in the future with regard to anv bond, undertaking or contract of surety to which it is attached."
.nq, ,,...nln,...q
`,rJ �pHSAb1Ef�jr+s PRE4,,"I.,
d_ oaPoiigr�as°.= °yd .p�iQORq S _11
SEAL L By
Erik Janssens, Senior Vice President of a Preid n &Senior Vitt Presidrnr
m = = p ; - x of SRCSPIC &Senior Vice Presidem o! W1C tl
By
�- =.a: SEA :�; +Ei
1''•n.....*,,, .�,•,"tisr ��9 Gerald Jagrorski, Vice Prtsldeni of SRCSAIC& Vice President ofSRCSPEC
& Vice President of WTC
IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their
authorized officers
this 10 day of NOVEMBER 20 22
Swiss Re Corporate Solutions America insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook El Westport Insurance Corporation
On this 10 day of NOVEMBER 20 22 , before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Iaffowski , Vice President of SRCSAIC and Vice President of
SRCSPIC and Vice President of WIC, personally known to mc, who being by me duly sworn, acknowledged that they signed the above Power of Attorney
as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies.
--------------
09WITINAWfitl
NOTAIWAgahan l2tA
L11
An.aca
1, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and
foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect.
1N WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 6th day of June , 2024.
Jeffrey Goldberg. Senior Vice President &
Assistant Secretary of SRCSAIC and
SRCSPIC and WIC
STATE OF WISCONSIN )
COUNTY OF Milwaukee )
ON THIS 6th day of June , 2024 ,
before me, a notary public, within and for said County and State, personally appeared
Thomas O. Chambers
to me personally known, who being duly sworn,
upon oath did say that he is the Attorney -in -Fact of and for the
Swiss Re Corporate Solutions America Insurance Corporation , a corporation
of Missouri , created, organized and existing under and
by virtue of the laws of the State of Missouri ; that the corporate seal
affixed to the foregoing within instrument is the seal of the said Company; that the seal
was affixed and the said instrument was executed by authority of its Board of Directors;
and the said Thomas O. Chambers did acknowledge that he/she
executed the said instrument as the free act and deed of said Company.
Rosa Hernandez
Notary Public, Milwaukee County, Wisconsin
My Commission Expires 1/22/2027
` 0 p BAR Y
=
CO Z
11I l i l I,N{Vy,
NON -LITIGATION CERTIFICATE:
STATE OF IOWA
DUBUQUE COUNTY SS:
CITY OF DUBUQUE
I, the undersigned, City Clerk of the City of Dubuque, Iowa (the "City"), hereby certify
that with respect to the Granger Creek Lift Station Improvements Project, there is no action, suit
or proceeding (at law or in equity) pending before or by any court, public board or body, or, to
the best of my knowledge and information, threatened against or affecting the City, challenging
the validity of the contract, seeking to enjoin any of the transactions contemplated thereby or the
performance by the City of any of its obligations thereunder, or wherein an unfavorable decision,
finding or ruling would adversely affect the transactions contemplated by the contract.
WITNESS MY HAND this day of 72024.
City Clerk