Signed Contract_Tricon General Construction, Inc.City of Dubuque
City Council Meeting
Consent Items # 32.
Copyrighted
June 21, 2021
ITEM TITLE: Signed Contract(s)
SUMMARY: Scales Mound Packet Co. dba River Cruises for Docking License
Agreement; Tricon General Construction, Inc. for the Purina Drive Flood
Wall Replacement Project.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
F-11 A FIT@] : I LT, I =1 z 11615
Description Type
Scales Mound Packet Co. dba River Cruises Signed Supporting Documentation
Contract
Tricon General Construction, Inc. Supporting Documentation
City of Dubuque, Iowa
Purina Drive Flood Wall Replacement
CIP# 3502480 and 7202480
NOTICE OF AWARD
TO:
Tricon General Construction, Inc.
2245 Kerper Blvd., Suite 2
Dubuque, IA 52001
The Owner has considered the Bid Proposal submitted by you for the above described work in response
to its Notice to Bidders and Instructions to Bidders.
You are hereby notified that your Proposal has been accepted in the amount of $94,966.00.
You are required by the General Requirements to execute the contract and furnish the required bond
and Certificate of Insurance within ten (10) calendar days from the date of Notice of Award delivery to
you.
If you fail to execute the Contract, furnish Bond and Certificate of Insurance within ten (10) days from
the date of the Notice of Award, said Owner will be entitled to consider all your rights arising out of the
Owner's acceptance of your Bid Proposal as abandoned and as a forfeiture of your Bid Security. The
Owner will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the Owner.
Dated this 25 th day of May, 2021.
OWNER City of Dubuque Public Works
4F
BY j
f Signature
NAME Michael C. Van Milligen
Type or Print
TITLE City Manager
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by Tricon General Construction, Inc. this
the.2-5� day of 12021. JV
BY wt--77��
Signature
NAME Ronald L Richard
Owner Type or Print
TITLE
PUBLIC IMPROVEMENT CONTRACT
City of Dubuque, Iowa
Purina Drive Flood Wall Replacement
CIP# 3502480 and 7202480
THIS IMPROVEMENT CONTRACT (the Contract), made in duplicate, dated for references
purposes the 25' day of May, 2021 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 Purina Drive
Flood Wall Replacement project.
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
a. Project Title Page (Section 00100).
b. Project Directory Page (Section 00101).
c. This Public Improvement Contract (Section 00500).
d. Performance, Payment, and Maintenance Bond (Section 00600).
e. Out -of -State Contractor Bond (Section 00610).
f. The Iowa Statewide Urban Design and Specifications (SUDAS) 2017 Edition.
g. CITY OF DUBUQUE Supplemental Specifications 2017 Edition.
h. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
i. Special Provisions included in the project Contract Document Manual.
j. Drawings consisting of sheets bearing the following general title:
GIA, G1.2, G13, SO.1, SIA, S1.2, S1.3, SIA.
k. Addenda (number 1).
1. Insurance Provisions and Requirements (Section 00700).
m. Sales Tax Exemption Certificate (Section 00750).
n. Construction Schedule and Agreed Cost of Delay (Section 00800).
o. Exhibits to this Contract (enumerated as follows):
1. Contractor's Bid Form.
11. Contractor's Bidder Status Form (Section 00460).
p. Contractor Background Information Form (Section 00471)
q. The following which maybe delivered or issued on or after the Effective Date of the
Agreement:
a. Notice to Proceed (Section 00850).
b. Project Certification Page (Section 00102).
Page I of 4
PUBLIC IMPROVEMENT CONTRACT
City of Dubuque, Iowa
Purina Drive Flood Wall Replacement
CIP# 3502480 and 7202480
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.
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.
Liquidated Damages. The project specifications also provide for a $1,000.00/day cost of delay if
not completed by August 31, 2021.
8. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its officers and employees, from and
against all claims, damages, losses and expenses claimed by third parties, but not including any
claims, damages, losses or expenses of the parties to this Contract, including but not limited to
attorneys'fees, arising out of or resulting from performance of this Contract, provided that such
claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or
injury to or destruction of property, including loss of use resulting there from, but only to the
extent caused in whole or in part by negligent acts or omissions of Contractor, or anyone
directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable,
regardless of whether or not such claim, damage, loss or expense is caused in part by a party
indemnified hereunder.
Page 2 of 4
PUBLIC IMPROVEMENT CONTRACT
City of Dubuque, Iowa
Purina Drive Flood Wall Replacement
CIP# 3502480 and 7202480
9. 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.
10. 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.
11. 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.
12. 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. Davis -Bacon Federal Prevailing Wage Act: N/A.
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. 20OOd-20OOd-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.
Page 3 of 4
PUBLIC IMPROVEMENT CONTRACT
City of Dubuque, Iowa
Purina Drive Flood Wall Replacement
CIP# 3502480 and 7202480
THE CITY AGREES:
13. 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: $94,966.00
CITY OF DUBUQUE, IOWA:
Public Works Department
By:
SigKature
Michael C. Vqn Milli�pn
Printed Name
City Manager
Title 7/d/
Date
CONTRACTOR:
Tricon General struction
77n���
By:
Signature
Ronald L Richard
Printed Name Owner
Title
�AW 2-6 202(
Date I
==== END OF SECTION 00500 ====
Page 4 of 4
LUMP SUM BID PROPOSAL FORM
SECTION 00401
PROJECT: Purina Drive - Flood Wall Replacement
BID TO: Municipal Services Center
925 Kerper Court
Dubuque, IA 52001
BID FROM:
Company:
Tricon General Construction, Inc.
Street Address:
City, State, Zip:
Telephone:
Email:
1230 East 12th St
Dubuque, A 52001
563.588.
ronrichardCcDtriconcg.com
SECTION 00401
Page 1 of 5
401.1 General
The undersigned Bidder agrees, if the Bid is accepted, to enter into a Contract with the City, in the
form included in the Contract Documents, to perform and furnish the Work as specified or indicated in
the Contract Documents for the Base Bid Lump Sum Price and within the Bid time indicated in the
Contract Documents and in accordance with other terms and conditions of the Contract Documents.
401.2 Recitals
In submitting this Bid, Bidder represents, as more fully set forth in the Public Improvement Contract,
that:
a. This Bid will remain subject to acceptance for forty-five (45) calendar days after the day of
Bid opening;
b. The City has the right to reject this Bid and to waive any informalities in the bidding;
c. Bidder accepts the provisions to the Instructions to Bidders regarding dispositions of Bid
Security;
d. Bidder will sign and submit the Public Improvement Contract with the Bond and other
documents required by the Contract Documents within ten (10) calendar days after the
date of City's Notice of Award;
The Bidder hereby certifies that they are the only person or persons interested in this proposal as
principals; that an examination has been made of the plans, specifications, contract form, including the
SECTION 00401
Page 2 of 5
special provision contained herein, and the work site, and the Bidder understands that the quantities
of work shown herein are approximate only and are subject to increase or decrease; and further
understands that all quantities of work, whether increased or decreased, are to be performed at the
lump sum price as stipulated herein; the Bidder proposes to furnish all necessary machinery,
equipment, tools, labor and other means of construction, and to furnish all materials specified in the
manner and time prescribed and to do the work at the prices herein set out.
401.3 Bidder's Acknowledgment
In submitting this Bid this Bidder acknowledges and represents that:
1) Bidder has examined copies of all the Contract Documents;
2) Bidder has visited the Place of Work and become familiar with the general, local, and
site conditions;
3) Bidder is familiar with federal, State, and local laws, ordinances and regulations that
govern the work specified by the Contract Documents;
4) Bidder has correlated the information known to the Bidder, observations obtained from
the examination of the site, reports and drawings identified in the Contract Documents
and additional investigations, explorations, tests, studies and data within the Contract
Documents;
5) This Bid is genuine and not made in the interest of or on behalf of an undisclosed
person, firm or corporation; Bidder has not directly or indirectly induced or solicited
another Bidder to submit a false or sham Bid; Bidder has not solicited or induced a
person, firm or corporation to refrain from Bidding; and Bidder has not sought by
collusion to obtain for itself an advantage over another Bidder or over City;
6) Cash Allowances are included in the Bid Amount;
7) Local and State sales and use taxes are not included in the Bid Amount.
8) Bidder has examined and understands that the following reports listed in Section 00775
are part of the Contract Documents have been considered and are included in the Bid
Amount. N/A
SECTION 00401
Page 3 of 5
401.4 Base Bid Amount
Bidder will complete the work in accordance with the Contract Documents for the following:
Lump Sum Base Bid Amount $ OJ41 01 (figures)
words)
Any written exclusions on the Bid Form may render the Bid as nonresponsive and may result in a
rejection of the Bid by the City. '
401.5 Alternate Bids NOT APPLICABLE
401.6 Unit Prices NOT APPLICABLE
401.7 Timeliness
Bidder agrees that the work shall be Substantially Complete and made ready for final payment in
accordance with Contract Documents no later than the date(s) indicated in Section 00800 —
Construction Schedule and Agreed Cost of Delay.
401.8 Additional Documents To Be Submitted With Bid
The following additional documents are included and made a condition of this Bid:
A. Bid Bond Section (00450)—or other approved Bid Security.
Accompanying this Bid in a separate sealed envelope is a Bid Bond, cashier's check, or certified
check in the penal sum of ten percent (10%) of the submitted Bid. It is understood that the Bid
security will be retained in the event a contract is not executed by the Contractor if award is
made to the undersigned. If a Bid Bond is submitted it must be executed by the Bidder and
acceptable corporate surety. If a Cashier's check or certified check is submitted it must be made
payable to the City Treasurer, City of Dubuque, drawn on a bank in Iowa or a bank chartered
under the laws of the United States.
B. Bidder Status Form (Section 00460)
401.9 Document Submittal Requirements bV Apparent Low Bidder
The apparent low bidder must submit the Contractor Background Information Form (Section 00471) to
the Jurisdiction Representative within 72 hours after the bid opening. Failure to submit the Contractor
Background Information Form by the required deadline may be considered justification for the City to
determine the Bidder as not responsible.
SECTION 00401
Page 4 of 5
401.10 Contract Execution
The Bidder further agrees to execute a formal contract and Bond, within ten (10) calendar days after
the date of the City's Notice of Award. The Bidder also agrees it will commence work on or before (10)
calendar days after the date of City's Notice to Proceed, and it will complete the work within the
specified contract period or pay the Agreed Cost of Delay stipulated in the Contract Documents.
401.11 Questions and Interpretations
Failure by the Bidder to request clarification of the Contract Documents during the bidding process
does not waive the responsibility for comprehension of the documents and performance of the work
in accordance with the Contract Documents. Signing of the Bid Proposal Form constitutes the
Contractor's certification as implicitly denoting thorough comprehension of intent of the Contract
Documents.
401.12 Addenda
The Bidder acknowledges receipt of the following addenda:
I through
401.13 Signatures
Contractor:
Tricon General Construction, Inc. Dated: May 18, 2021
Contractor Name
1230 East 12th St
street (Business Location)
Dubuque
State
Signature
Owner
Title
52001
Zip
May 18,2021
The Bidder's State of Iowa does (Xj / does not ( ) utilize a percentage preference for in-
state Bidders. The amount of preference is 75 percent.
Purina Drive
Flood Wall Replacement
==== END OF SECTION 00401 ====
SECTION 00460
Page 1 of 2
BIDDER STATUS FORM
SECTION 00460
Purina Drive - Flood Wall Replacement
To be completed by all Bidders PattA
Please answer "Yes" or "No" for each of the following:
K Yes El No My company is authorized to transact business in Iowa.
(To help you determine if your company is authorized, please review the worksheet on the next page).
KlYes DNo My company has an office to transact business in Iowa.
NYes ElNo My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail.
KYes E]No My company has been conducting business in Iowa for at least 3 years prior to the first request for Bids on this project.
RYes C]No My company is not a subsidiary of another business entity or my company is a subsidiary of another business
entity that would qualify as a resident Bidder in Iowa.
If you answered "Yes!'for each question above, your company qualifies as a resident Bidder. Please complete Parts B and D
of this form.
If you answered "No" to one or more questions above, your company is a non-resident Bidder. Please complete Parts C and D
of this form.
To be completed by all resident Bidders Part B
My company has maintained offices in Iowa during the past 3 years at the following addresses:
Dates: 03101/2021
to Present Address:
1230 East 12th St
(mmlddlyyyy)
City, State, Zip:
Dubuque, IA 52001
Dates: 09/01/2012
to Present Address:
746 58th Avenue Ct SW
(mmIddlyyyy)
City, State, Zip:
Cedar Rapids, A 52404
Dates: 08/01/2004
to 02/28/2021 Address:
2245 Kerper Blvd, Suite 2
(mmlddlyyyy)
City, State, Zip:
Dubuque, [A 52001
You may attach additional sheet(s) if needed.
To be completed by all non- resident Bidders Part C
N a m e of your h ome state o r foreign cc u ntry repo rte d to th e I owa Secreta ry of State.
Do es you r comp a ny's h o m e state or foreign co u ntry offe r p refe rences to Bid d ers who a re res! de nts? El Ye s 0 No
if you answered "Yes" to question 2, identify each p reference offered by your company's home state or foreign country a nd th e
appropriate legal citation.
you may attach additional sheet(s) if needed.
To be completed by all Bidders Part D
I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my
Firm Name:
Signature: W\_� Date: May 18, 2021
failureto provide accurate and truthful information may be a reason to reject my Bid.
You must submit the complete form to the government body requesting Bids per875 Iowa Administrative Codechapter156
This Form has been approved by the Labor Commissloner309-6001 02-14