Signed Contracts_Burlington Street Water Main Improvement Project 2023-MVM Signed-Tschiggfrie Copyrighted
October 2, 2023
City of Dubuque Consent Items # 011.
City Council Meeting
ITEM TITLE: Signed Contracts
SUMMARY: Compass Minerals America, Inc. for Ice Control Road Salt Project 5400-
23-24; Q Casino for Parking License Agreement; Tschiggfrie Excavating
for Burlington Street Water Main Improvement Project 2023
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Executed_Contract Salt Supporting Documentation
Q and City Parking License Agreement Supporting Documentation
Burlington Street Water Main Improvement Project Supporting Documentation
2023-MVM SIGNED-TSCHIGGFRIE
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Du6uque I
THE CITY dP �
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TO: Michael C. Van Milligen, City Manager '
FROM: Christopher Lester, Water Department Manager (iQ. '
DATE: September 11, 2023 I�
RE: Burlington Street Water Main Improvement Project 2023
Request for Contract Signature
1NTRODUCTION
The purpose of this memorandum is to request your signature on the Burlington
Street Water Main Improvement Project 2023 public improvement contract with
Tschiggfrie Excavating in the amount of$312,282.00.
BACKGROUND
Since 2004, the area in and around Burlington Street and National Street has been
subject to eleven water main breaks, with six of those events occurring in the last three
years. Not only are the residents inconvenienced with unplanned water outages, but also
the water that comes to the surface during the main breaks has resulted in some
localized flooding of adjacent properties including property damage.
In 2019, a capital improvement project was drafted to start the process of replacing
fatigued pipe in the area in and around Burlington and National Streets, and to evaluate
the perFormance of the Park Hill Pump Station.
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DISCUSSION
Sealed bids for the project were received and publicly opened on August 10, 2023; and
presented for award to the city council on August 21, 2023 to Tschiggfrie Excavating of
Dubuque, lowa in the amount of$312,252.00.
BUDGET IMPACT
Funding for the project will be from CIP#4281000014 Burlington Water Main with a balance
of$440,300.14. The estimate of probable cost for the Burlington Street Water Main
Improvement project:
Descri tion Cost Estimate
Construction Cost Estimate $353,120
Contin enc $22,180
En ineerin Desi n Prelimina and Final $50,000
Construction En ineerin Part Time Ins ection $15,000
Total Estimate Pro'ect Cost $440,300
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The lowest bid of$312,252.00 from Tschiggfrie Excavating is $40,868.00 or 11.57%
below the engineer's esfiimated cost of$353,120.OQ for this project.
ACTION TO BE TAKEN i
I respectfully request your signature on the attached Burlington Street Water Main
Improvement Project 2023 public improvement contract with Tschiggfrie Excavating in the
amount of$312,252.00
cc: Jenny Larson, Directnr of Finance &Budget �
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PUBLIC IMPROVEMENT CONTRACT ;
SECTION 00500 �!,
BURLINGTON STREET WATER MAIN IMPROVEMENTS
Between Stoltz St. and Primrose St. and one manhole on Putnam St. I
Dubuque, lowa '
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the day of , 2023 between the City of Dubuque, lowa, by its j
City Manager, through authority conferred upon the City Manager by its City Council (City), and �
Tschiggfrie Excavating (Contractor). ;
For and in consideration of the mutual covenants herein contained, the parties hereto agree !
as follows:
CONTRACTOR AGREES:
To furnish all material and equipment and to perform all labor necessary for the
1. BURLINGTON STREET WATER MAIN REPLACEMENT 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. Pertormance, Payment, and Maintenance Bond (Section 00600).
5. Out-of-State Contractor Bond (Section 00610).
6. Other Bonds:
a. _NA_ (pages_to_, inclusive).
b. _(Bond Name)�(pages_to_ , inclusive).
c. _(Bond Name)_ (pages_to_, inclusive).
7. The lowa Statewide Urban Design and Specifications (SUDAS) 2023 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2020 Edition.
9. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
10.Special Provisions included in the project Contract Document Manual.
11.Drawings—SheetNo_A01 throughNo._R03_(DOpages) ordrawingsconsistingof
sheets bearinc1�the following general title:
Burlington Water Main Improvements, City of Dubuque, lowa
a er am mprovemen s
12.Addenda(numbers_NA_to_,inc lusive) .
13.Insurance Provisions and Requirements (Section 00700).
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SECTION 00500 I
Page 2 of 6 '�
14.Sales Tax Exemption Certificate (Section 00750).
15.Site Condition Information (Section 00775).
16.Construction Schedule and Agreed Cost of Delay (Section 00800).
17.Erosion Control Certificate (Section 00900).
18.Consent Decree (Section 01000).
19.Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages Section 00400.4_1�to_2_ 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 471)
ii.
iii.
20.The following which may be delivered or issued on or after the Effective Date of the
Agreement:
a. Notice to Proceed (Section �0850).
b. Project Certification Page (Section 00102).
a 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 lowa Code Chapter 573 or lowa 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.
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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
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SECTION 00500 i�
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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. I
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, �I
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 j
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 ofvalue 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 i
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, I
be obligated to the extent provided for by lowa Code 573.6 relating to this Contract, which �
provisions apply to said Bond. 'i
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. i
13. The Project must be constructed in strict accordance with the requirements of the laws of the
State of lowa, 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 Contractor agree to comply with all provisions of the Davis-Bacon
Federal Prevailing Wage Act, and related labor requirements and regulations and the
Federal Wage Determination for this Project.
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C. Equipme�t or praducts authorized to be purchased with federal funding awarded for this
Contract must be American-rr�ade to the maximum extent feasible, in accardance with
Public Law 103-121, S�ctions 606(a) and (b).
D. The City of Dubuque in accordance with Title VI of the Civil Rights Act of �9fi4, 78 Stat.
252, 42 U,S.C. 2000d-2040d-4 and Title 49, Code of Federal Regulatians, Department
of Transportation, Subtitl� A, Office of the Secretary, Part 21, Nondiscrimination in
Federally assisted programs of the Departmen# of Transpor#ation issued pursuant to
such Act, hereby notifies all �idders that it wil[ affirmati�ely insure thaf in any contract
entered into pursuant to this ad�ertisement, minority business enterprises will �e
afforded full oppartunity to submit bids in response to this invitation and will nat be
discrimina�ed agains#on the grounds of race, color, national origin, sex, age, or cf[sability
in consideration for an award.
CONSENT DECREE
RE�ATING TO TH� PROJECT
14. � THIS CONTRACT4R IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO
THE WATER & RES4URC� RECOVERY CENTER OR THE SANITARY S�WER
COL�ECTION SYSTEM. �'HEREFORE, THE CONSENT DECREE AND THES SECTION ARE
APPLICABLE.
CITY C�NTRACTOR
� THIS CONTRACTOR IS NOT PERFORMING WORK FOR TH� CITY OF DU�UQUE
R�LATED TO THE WATER & RESOURC� RECOVERY CENTER OR THE SANITARY
SEWER COLLECTI�N SYSTEM. THEREFORE �'HE CONSENT QECREE AND THIS
SECTION ARE NOT APPL.ICABLE.
T#�e City has entered into a Consent Decree in t�e case of The United States of America, and the 5tate
of lowa �, The City of Dubuque, lowa, Civil Ac�ion Numb�r Case 2:11-cv-01011-EMJ, Ci�i{ Action
Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court far the Nortf�ern
District of lowa, The provisians of th�e Consent Decree apply to and are binding upon the City and its
officers, directors, employees, agenfs, servants, successors, assigns, and a!I persons, firr�s and
corporations under contract with the City to perform the obligatEons af the Consent Decree.
7he City is required to pro�ide a copy of the Consent Decree to any contractor or consultant retained to
perfarm work required by the Consent Decree.
A copy of the Consent Decfee is included in t�e Contract Qocuments and can be �iewed at
http:/1www,citvofdubuque.orqlDocumentCe�terlHomeNiewl3�73. A hard copy is available u�on
request at the City's Engineering Department Office.
The City must conditian any contract to perform work required under the Consent Decree upon
performance of the work in conformity wifh the provisions of the Consent Decree.
The Consent Decree aisa pro�ides that until fi�e (5) years af�er the termina�Eon of tl�� Consent Decree,
tf�e City must retain, and must ins�ruct its contractors and agents ta preserve, afl non-identEcal copies of
all documents, reports, data, records, or other inforrnation (including documents, records, or other
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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 'i
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 i
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, i
certifies to the City of Dubuque as follows: j
1. I have received a copy of the Consent Decree in the case of The United States of 'I
America, and the State of lowa v. The City of Dubuque, lowa, Civil Action Number
Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- i
5-1-1-09339, United States District Court for the Northern District of lowa.
2. All work performed will be in conformity with the provisions of the Consent Decree. I
3. AII 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:
Tschiggfrie Excavating
Contractq
BY: C.��,, 1�.--
Signature
Ben Kramer
Printed Name
General Superintendent
Title
August 31,2023
Date
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TME CITY AGREES: ��,
15. Upon the com�lefiion of the Contract, and the acceptance of#he Project hy fihe City Council, �I
ar�d subject fo the requirements af law, the City agrees ta pay the Contrac�or as full �
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cam�ensatian for the complete perFormance of this Contract, the amount determined for �
fhe total work complefed at the price(s) stafied in the Contractor's Bid Proposa! and less ;
any Agreed C�st of Delay pravided for in the Contract Documents. }
CONTRACT AMOUNT $�12,252.00 I�!�
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CITY OF DUBUQUE, IOWA:
City Mana�er
ae ent � �
By:
Sign ture I
Michael C VanMilligen �.
F
Printed Name i
City Manager �
7itle �
09/12/2023
Date 3
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CONTRACTOR: ;
Tschiggfrie Excavating
Contrac�cr
By:__ ��.�-� �.�.�.�-- I
Signature �
Ben Kramer '
Printed Name
General Superintendent
Tit[e
August 31, 2023
Dats � ��.
�_=- END OF SECTiON a0500 =__=