Improvement Contract_ImOn Ice Arena Dehumidification System Upgrade ProjectCity of Dubuque
City Council
CONSENT ITEMS # 14.
Copyrighted
April 7, 2025
ITEM TITLE:
Improvement Contracts / Performance, Payment, and
Maintenance Bonds
SUMMARY:
Giese Sheet Metal Co. Inc. for the ImOn Ice Arena
Dehumidification System Upgrade Project; Tschiggfrie
Excavating Co. for the Southgate Drive Sanitary Sewer
Improvement Project.
SUGGUESTED
Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
1. Southgate Drive Sanitary Sewer Improvement Project - Signed Contract Bond
2. ImOn Arena Dehumiification System Upgrade Project - Signed Contract Bond
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PUBLIC IMPROVEMENT CONTRACT
IMON ICE ARENA DEHUMIDIFICATION SYSTEM UPGRADE PROJECT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 5th day of March, 2025 between the City of Dubuque, Iowa, by its City Manager,
through authority conferred upon the City Manager by its City Council (City), and Giese Sheet Metal
Co. 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 IMON ICE
ARENA DEHUMIDIFICATION SYSTEM UPGRADE PROJECT (Project).
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
1. Project Title Page (Section 00100).
2. Project Directory Page (Section 00101).
3. This Public Improvement Contract (Section 00500).
4. Performance, Payment, and Maintenance Bond (Section 00600).
5. Out -of -State Contractor Bond (Section 00610).
6. Other Bonds:
a. (bond Name) (pages _ to , inclusive).
b. (Bond Name) (pages — to , inclusive).
C. (Bond Name) (pages —to , inclusive).
7. The Iowa Statewide Urban Design And Specifications (SUDAS) 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. 34 (34 pages) or drawings consisting of sheets
bearing the following general title:
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).
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Page 4 of 6
17. Erosion Control Certificate (Section 00900).
18. Consent Decree (Section 01000).
19.Other Project Information and Permits (Sections 00000 - 00000).
20. Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages to inclusive).
b. Bidder Status Form (Section 00460).
c. The following documentation that must be submitted by Contractor prior to Notice
of Award.
i. Contractor Background Information Form (Section 00470/00471)
ii.
iii.
21. The following which may be delivered or issued on or after the Effective Date of the
Agreement:
a. Notice to Proceed (Section 00850).
b. Project Certification Page (Section 00102).
c. Change Orders (Not attached to this agreement).
There are no other Contract Documents. The Contract Documents may only be amended,
modified, or supplemented as provided in General Conditions.
3. All materials used by the Contractor in the Project must be of the quality required by the
Contract Documents and must be installed in accordance with the Contract Documents.
4. The Contractor must remove any materials rejected by the City as defective or improper, or
any of said work condemned as unsuitable or defective, and the same must be replaced or
redone to the satisfaction of the City at the sole cost and expense of the Contractor.
5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30)
days after final completion and acceptance of the Project by the City Council to pay any claim
by any party that may be filed for labor and materials done and furnished in connection with
the performance of this Contract and for a longer period if such claims are not adjusted within
that thirty (30) day period, as provided in Iowa Code Chapter 573 or Iowa Code Chapter 26.
The City will also retain additional sums to protect itself against any claim that has been filed
against it for damages to persons or property arising through the prosecution of the work and
such sums will be held by the City until such claims have been settled, adjudicated or
otherwise disposed of.
6. The Contractor has read and understands the Contract Documents herein referred to and
agrees not to plead misunderstanding or deception related to estimates of quantity,
character, location or other conditions for the Project.
7. In addition to any warranty provided for in the specifications, the Contractor must also fix any
other defect in any part of the Project, even if the Project has been accepted and fully paid
for by the City. The Contractor's maintenance bond will be security for a period of two years
after the issuance of the Certificate of Substantial Completion.
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D. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally assisted programs of the Department of Transportation issued pursuant to
such Act, hereby notifies all bidders that it will affirmatively insure that in any contract
entered into pursuant to this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or disability
in consideration for an award.
CONSENT DECREE
RELATING TO THE PROJECT
14. ❑ THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO
THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE
APPLICABLE.
CITY CONTRACTOR
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:llwww.citvofdubuque.org/DocumentCenter/HomeNiew/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
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
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SECTION 00500
Page 6 of 6
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 $ 308,950.00
CITY OF DUBUQUE, IOWA:
City Manager's Office
Department
By:
Signat e
Michael C. Van Milligen
Printed Name
City Manager
Title
3111-
Date
CONTRACTOR:
Giese Sheet Metal Co.
Contractor
By
S',i/gnature
Meese -
Printed Namef,
TPni e/M itl8naler
3-i-5-25
Date
Page 199 of 386
Bond #5946813 Page 1 of 4
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, Giese Sheet Metal Co. , as Principal
(hereinafter the "Contractor" or "Principal") and
Old Republic Surety Company , as Surety are held and firmly bound unto the City
of Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who may be
injured by any breach of any of the conditions of this Bond in the penal sum of three hundred eight
thousand, nine hundred fifty dollars and zero cents ($308,950.00), 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 5th day of March , 2025, (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 IMON ICE ARENA DEHUMIDIFICATION
SYSTEM UPGRADE PROJECT detail the following described improvements:
The scope of the Project is as follows: Install a new, secondary dehumidification
unit on the lower roof of the southeast side of the facility. The new dehumidification
system will require structural support modifications to the roof trusses; will include
installation of circular fabric air dispersion ductwork routed the length of the arena;
new gas piping, new electrical pulls; and a new automated control system that will
control both the existing and the new dehumidification systems.
It is expressly understood and agreed by the Contractor and Surety in this Bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit:
PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide
by each and every covenant, condition, and part of said Contract and Contract Documents,
by reference made a part hereof, for the project, and shall indemnify and save harmless the
Owner from all outlay and expense incurred by the Owner by reason of the Contractor's
default of failure to perform as required. The Contractor shall also be responsible for the
default or failure to perform as required under the Contract and Contract Documents by all
its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in
the performance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing materials for or
performing labor in the performance of the Contract on account of which this Bond is given,
including but not limited to claims for all amounts due for labor, materials, lubricants, oil,
gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor
or any subcontractor, wherein the same are not satisfied out of the portion of the contract
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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. 2849900004
Witness our hands, in triplicate, this 10th
STY OU ED BY:
Signature f Agen
h �-u i vl mt4cxS
Printed Name of Agent
401 Data Court
Company Address
Dubuque, IA 52003
City, State, Zip Code
563-557-6519
Company Telephone Number
PRINCIPAL:
Giese Sheet Metal Co
ContrZ
'
By.
Si
Printed Name
NOTE:
day of March
2025.
Title
FORM Y70VED BY:
Repr entative for Owner
SURETY:
Old Republic Surety Company
Surety Company
By. b114 0
Signature Attorney -in -Fact Officer
Printed Name of Attorney -in -Fact Officer
Kunkel & Associates, Inc.
Company Name
401 Data Court
Company Address
Dubuque, IA 52003
City, State, Zip Code
563-585-2375
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.
Page 201 of 386
* OLD REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint:
CHERYL L. GREGORY, TAMMY J. FELLER, JOSEPH J. MURRAY, OF DUBUQUE, IA
its true and lawful Attomey(s)-in-Fact, with full power and authority, for and on behalf of the company as surety, to execute and deliverand affix the
seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank
depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self insurance workers
compensation bonds guaranteeing payment of benefits or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attomeys-in-Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and
sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on
February 18, 1982.
RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove
any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned andsealed (if a seal be
required) by a duly authorized attorney -in -Fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits ofthe authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification there of authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixed this 21 ST day of OCTOBER, 2024.
Assistant Secretary
STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS
OLD REPUBLIC SURETY COMPANY
SUN
�e. ' 1
SEAL -
o =_
rN� f 3
President
On this 21ST day of OCTOBER, 2024 , personally came before me, Alan Pavlic and
Karen J Haffner , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the
corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers
were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
Notary Public
My commission expires: 9/28/2026
CERTIFICATE
(Expiration of notary commission does not Invalidate this instrument)
1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power
of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in
force.
40-5643 su Signed and sealed at the City of Brookfield, W 1 this 16i day of
VJ' �a•ro�•r� 0
g SEAL
0 N, ♦ .
P
Assistant Secretary
KUNKEL & ASSOCIATES, INC.
22851-W POAoxs 102020 Page 202 Of 386