Improvement Contract/Bond_Tschiggfrie Excavating_Sanitary Mahhole Reconstruction Projection 2019 Copyrighted
J une 3, 2019
City of Dubuque Consent Items # 20.
ITEM TITLE: ImprovementContracts / Performance, Paymentand
Maintenance Bonds
SUMMARY: Drew Cook& Sons Excavating, Co. for the 2019 Asphalt
Overlay Ramp Project One; Giese Roofing Companyfor
the Historic Federal Building Roof Restoration Project;
Midwest Concrete, I nc. for the NW Arterial/Pennsylvania
Avenue Right-Turn Lane Project and the 2019 Asphalt
Overlay Ramp Project Two; Top Grade Excavating, Inc. for
the Creek Wood Drive Storm Outlet Repair; Tschiggfrie
Excavating for the Sanitary Manhole Reconstruction
Project 2019.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Drew Cook& Sons Contract and Bond Supporting Documentation
Giese Roofing Contract and Bond Supporting Documentation
Midwest Concrete Contract and Bond (NW Arterial) Supporting Documentation
Midwest Concrete Contract and Bond (2019 Asphalt Supporting Documentation
O�rlay Two)
Top Grade E�avating Contract and Bond Supporting Documentation
Tschiggfrie E�avating Contract and Bond Supporting Documentation
1� i t i !l l _�i
���� � City of Dubuque
� Engineering Dept.
50. W. 13`h Street
., ,.�,-._t�' ��fc f;�;' ,11�-�<�-i;J' , Dubuque, IA 52001
(563) 589-4270
CITY OF DUBUQUE, IOWA
SHORT FORM
PUBLIC IMPROVEMENT CONTRACT
THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), made in triplicate, between the
City of Dubuque, lowa (City), by its City Manager, through authority conferred upon the City
Manager by its City Council and
Tschiggfrie Excavating : __ (Contractor) of the City of
(Contractor Name)
425 Julien Dubue Drive, Dubuque, fowa 52003
(Contractors Address-City and State) .
PROJECT TITLE: Sanitary Manhole Reconstruction Project-2019
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 Pro'el ct)•
Reconstruct manholes in three locations. Price includes all labor, material, and equipment
to completely reconstruct the manholes, including but not limited to excavation, up to 6' of
pipe out of the manhole in any direction, manhole sections,joint wrap, castinqs, bedding and
backfill, and paving prep. The City O&M crew will do the HMA patch.
The work described above shall be completed at the followin location s :
Mariholes are at the intersections of O'Neill and Brunswick Streets, Merz and Afthauser
Streets, and iro the alle between Garfield and Rhomber Avenues.
The Project shall be constructed to the meet the requirements as described in this Project Contract and
the attached special conditions; in strict accordance with the requirements of the laws of the State of
lowa and ordinances of the City of Dubuque relating to public works, and in accordance with the
Contract Documents which provisions and documents are each and all hereby referred to and made a
part of this Contract just as much as if the detailed statements thereof were repeated herein.
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2. Contract Documents shall mean and include the following: This Improvement Contract; all ordinances
and resolutions heretofore adopted by the City Council liaving to do with the Project; the Contractor's
Pr�posal; and ihe conditions described in trie Contract, including any Special Conditions, Plans and
Specifications and General Requirements as adopted by the City Council for the Project.
3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be
put in place to the satisfaction of the City Manager.
4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or
any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew
to the satisfaction of the City Manager at the cost and expense of the Contractor.
5. Five percent (5%) of the Contract price may be retained by the City for a period of thirty (30) days after
final completion and acceptance of the Project by the City Manager to pay any claim that may be filed
within said time for labor and materials done and furnished in connection with the performance of this
Contract and for a longer period if such claims are not adjusted within that time, as provided in lowa
Code Chapter 573. The City shall �Iso retain additional sums to protect itself against any claim that has
been filed against it for damages to persons or property arising through the prosecution of the work and
such sums shall be held by the City until such claims have been settled, adjudicated or otherwise
disposed of.
G. The Contractor has read and understands the City of Dubuque Standard Specifications including
General Requirements and has examined and understands the project description described in Section
1 and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or
deception because of estimates of quantity, character, location or other conditions surrounding the
same.
7. The Contractor shall guarantee for a period two years and make good any other defect in any part of the
Project due to improper construction or material performance notwithstanding the fact that said Project
may have been accepted and fully paid for by the City. The guarantee shall commence on the date that
the City pays full compensation for the complete performance of this contract.
8. The Contractor shall fully complete the Project under this Contract on or before
June 14, 2019
(DATE)
9. INDEMNIFICATION FROM THIRD PARTYCLAIMS. To the fullest extent permitted by law, City shall
defend, indemnify and hold harmless Contractor, its officers and employees, from and against all
rlaims, damages, losses and expenses claimed �y third parties, but not including any cl�ims, damages,
losses or expenses of the parties to this Agreement, including but not limited to attorneys' fees, arising
out of or resulting from performance of thi� Agreement, provided that �uch claim, damages, loss or
expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of
property, including loss of use resulting therefrom, but only to the extent caused in whole or in part
by negligent acts or omissions of City, or anyone directly or indirectly employed by City or anyone for
whose acts City may be liable, regardless of whether or not such claim, damage, loss or expense is
caused in part by a party indemnified hereunder.
10. Unless otherwise specified in the Contract Documents, prior to the commencement of any work on the
Project and at all times during the performance of this Contract, the Contractor shall provide evidence of
insurance which meets the requirements of the City's Insurance Schedule for Artisan Contractors or
General Contractors.
11. The City of Dubuque, State of lowa and Department of Justice have entered into a Consent Decree
requiring the City to complete certain capital improvements pursuant to an established schedule and to
comply with certain capital improvements pursuant to an established schedule and to comply with
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certain reporting and recordkeeping requirements. One of the terms of the Consent Order is for the City
to advise contractors whose duties might reasonabiy include compliance with any provision of the
Consent Decree with a copy of the Consent Decree. The City expects its contractors to comply with the
Consent Decree and to assist the City in complying with the Consent Decree. As a requirement of this
Contract, the Contractor shall execute and return to the City Exhibit A that is attached to this Contract.
THE CITY AGREES:
Upon the completion of the Contract, and the acceptance of the Project by the City Manager, the
City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the
amount determined for the total number of units completed at the unit prices stated in the Contractor's
Proposal and less any liquidated damages provided for in the Contract Documents. The number of units
stated in the contract, special conditions and contractors proposal is approximate only and the final payment
shall be made by the work covered by the Contract.
CONTRACT ESTIMATED AMOUNT$ 24,200.00
SH�Mf1XiMUi�9 CuNTRACT AMOUNT SHALL BE LIMfT�D TO AN INCREASE OF �� % OF THE ABOVE
LISTED ESTIMATED AMOUNT.
CITY OF D �iUQUE, IOWA � CONTRACTOR:
gy. � Z.- ,� : ,�-� `�� Tschiggfrie Excavating
Micha C. Van Milligen � Date `� Company N�m-�
City Manager � 1 � --
gy; Cfl-r�' � r icf� _- OS/16/19
Signature Date
Erin Rogers
Printed Name
General Superintendent
Title
CONTRACTOR ACKNOWLEDGEMENT OF
ATTAGHED SPE�IAL. CONDITIONS:
` V . _- -� 05/16/19
By: - �.' �-r�
Signature Date
Erin Rogers
Printed Name
General Superintendent
Title
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REV. 10/ll
The followin special conditions shall a I to this Pro'ect:
he bid document and insurance certificate shail be a part of this contract.
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REV. Ol/14
EXHIBIT A
CONSENT DECREE
RELATING TO THE
CITY OF DUBUQUE, IOWA
WATER POLLUTION CONTROL PLANT
AND
SEWER COLLECTION SYSTEM
No contractor or consultant may perform any work for the City of Dubuque related to the Water
Pollution Control Plant or the Sewer Connection System unless a signed copy of this document is
returned to the City of Dubuque Engineering Department
The City of Dubuque, lowa has entered into a Consent Decree in the case of The United States of America,
and the State of lowa v. The City of Dubuque, lowa, Civil Action No. 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 lowa. 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 can be found at:
htt��:11�v�v�v.�ityoFdubuc�t�e,arc�l0�cumentV�e�N.�spx?�1�-3173. You are required to review the Consent
Decree and comply fully with its terms and conditions. Pr�nted copies of the Consent Decree can be
obtained at the City of Dubuque Engineering Department, City Hall, 50 W. 13"' Street, Dubuque, lowa (563)
589-4270.
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 years after the termination of the Consent Decree, the City
shall retain, and shall 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 controi, or ttiat come into its or its
contractors' or a�ents' possession or control, and that relate in any manner to the Gity's performance of its
obligations under this Consent Decree, including any underlying research and analytical data. This
information-retention requirement shall apply regardless of any contrary City, corporate or institutional
policies or procedures. At any time during this information-retention period, upon request by the United
States or the State, the City shall 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 shall 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 shall deliver any such documents, records, or other information to
the EPA or IDNR.
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Certification by Contractor or Consultant
The undersigned, on behalf of the Contractor or Consultant, with full authority to act on behalf of
the Contractor or Consultant, certifies to the City of Dubuque as foilows:
1. I have received a copy of the Consent Decree in the case of The United States of America, and
the State of lowa v. The City of Dubuque, lowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil
Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for
the Northem District of lowa.
2. All work performed will be in conformity with the provisions of the Consent Decree.
3. All d4cuments, 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, incl�ading any underlying research and analytica! data, wil! be ret�ined
as required by the Consent Decree.
The Contractor or Consultant agrees to defend, indemnify, and hold harmless the City, its officers,
agents, or employees from �nd against any claims, including penalties, costs and fees as provided
in the Consent Decree, relating to or arising out of the Contractor's or Consultant's failure to
comply with the Consent Decree.
Contractor or Consultant: Tschiggfrie Excavating
�� � �_-�
By. ��� � �� Erin Rogers
Its: General S eriritendent
05/15/19
Date:
Returr� sic�n�d cc�pv to; -
Denise Ihrig
�ngineering Department
City Hall
50 W 13th Street
Dubuque IA 52001
cfi�iri� c cii ofdubu u�.�rc
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