Claim by Tschiggfrie Excavating CompanyJune 8, 2012
VIA HAND DELIVERY
Mr. Mike Van Milligen
City Manager
50 West 13th Street
Dubuque, Iowa 52001
O'CONNOR
J
THOMAS, pc.
ATTORNEYS &
COUNSELORS AT LAW
Est. 1840
Mr. Kevin Firnstahl
City Clerk
50 West 13th Street
Dubuque, Iowa 52001
Re: Dubuque WPCP Modification Project
Tschiggfrie Excavating Company ( "Tschiggfrie ")'s Claims for Materials and Labor
Tschiggfrie's Claim re: Miron Project No. 103400
Dear Mr. Van Milligan and Mr. Firnstahl,
We represent Tschiggfrie Excavating Company ( "Tschiggfrie "), a subcontractor to Miron Construction
Co., Inc. ( "Miron ") in relation to the above - referenced public improvement project.
With regard to Miron's May 30, 2012 Notice of Contractor's Request for Early Release of Retained
Funds ( "Retainage Release Request ") related to "insurance work related to digester wind damage from
July 11th, 2012 (sic) and site flooding from July 28th, 2012 (sic) only," ( "Insurance Work "), this letter,
together with the enclosed Claims, constitutes Tschiggfrie's notice to the City of Dubuque that
Tschiggfrie has performed labor and/or provided materials related to the Insurance Work in the
following amounts which, to date, have not been paid by Miron: $10,642.28 (excluding retainage on
amount previously paid.) See Tschiggfrie's Claim for Payment for Materials and Labor enclosed herein.
Furthermore, please fmd enclosed Tschiggfrie's Iowa Code § 573.7 Claim for Payment of Material and
Labor supplied by Tschiggfrie for the Dubuque WPCP Modification Project for unpaid amounts billed
as of April 23, 2012 of $ 296,040.58, which material and labor have been supplied by Tschiggfrie and to
date has not been paid. These Claims and the amounts therein are subject to ongoing supplementation.
If you have any questions, please contact us.
Respectfully,
Davin C. Curtiss I ext. 250 I dcurtiss @octhomaslaw.com
Roshek Building 1 700 Locust Street, Suite 200 I Dubuque, Iowa 52001 I Phone 563.557.8400 I Fax 563.556.1867
JOHN C. O'CONNOR RICHARD K. WHITTY PAUL J. SIGWARTH t
BRENDAN T. QUANN STEPHEN C. KRUMPE *t PETER D. ARLING * §t
A. JOHN ARENZ t JAMES E. GOODMAN, JR. *I JOSHUA P. WEIDEMANN
CHAD C. LEITCH * DAVIN C. CURTISS *f CHRISTOPHER C. FRY
All attorneys licensed in Iowa I * Also licensed in Illinois I t Also licensed in Wisconsin I § Also licensed in Minnesota
1 Certified in Civil Trial Advocacy by National Board of Trial Advocacy I I Also licensed in U.S. Tax Court
GREG A. REHMKE
STEPHANIE R. FUEGER *t
THOMAS S. COLLINS,
OF COUNSEL
O'CONNOR
THOMAS,p.c.
ATTORNEYS &
COUNSELORS AT LAW
Est 1840
O'CONNOR & THOMAS, P.C.
Davin C. Curtiss
DCC /dmh
Enclosures
cc. Client
Barry Lindahl — City Attorney
Jonathan C. Daniels — Project Manager for Miron Construction
Davin C. Curtiss ext. 250 I dcurtiss @octhomaslaw.com
Roshek Building 1 700 Locust Street, Suite 200 I Dubuque, Iowa 52001 I Phone 563.557.8400 I Fax 563.556.1867
JOHN C. O'CONNOR RICHARD K. WHITTY
BRENDAN T. QUANN STEPHEN C. KRUMPE *t
A. JOHN ARENZ j'$ JAMES E. GOODMAN, JR. * I
CHAD C. LEITCH * DAWN C. CURTISS *'F
All attorneys licensed in Iowa I * Also licensed in Illinois
$ Certified in Civil Trial Advocacy by National Board
PAUL J. SIGWARTH t
PETER D. ARLING *§t
J P WEIDEMANN
OSHUA .
CHRISTOPHER C. FRY
t Also licensed in Wisconsin I § Also licensed in Minnesota
of Trial Advocacy I I Also licensed in U.S. Tax Court
GREG A. REHMKE
STEPHANIE R. FUEGER *t
THOMAS S. COLLINS,
OF COUNSEL
TSCHIGGFRIE EXCAVATING COMPANY'S CLAIM FOR PAYMENT FOR
MATERIALS AND LABOR FURNISHED IN THE CONSTRUCTION OF THE
DUBUQUE WASTEWATER TREATMENT PLANT
I, the undersigned avant, as Vice President of Claimant Tschiggfrie Excavating
Company ( "Tschiggfrie Excavating "), after first being duly sworn, do affirm that the following
statement is true to the best of my knowledge and belief and is made of my personal knowledge.
On the dates set forth in the Itemized Statement attached hereto as Exhibit "A ",
Tschiggfrie Excavating furnished materials and labor as a subcontractor pursuant to a public
improvement contract between the City of Dubuque and Miron Construction for the construction
of a new waste water treatment plant in Dubuque, Dubuque County, Iowa. Said materials and
labor were furnished or used in the construction of the waste water treatment plant on the dates
and in the amounts set forth in Exhibit "A ", which is a true and correct statement of account after
allowing all credits as of April 23, 2012.
There is now due and owing to Tschiggfrie Excavating the principal sum of $296,040.58
with interest at 5% per annum accruing on unpaid amounts from the 19th day of November,
2010, which accounts for the amount billed as of April 23, 2012 and which may be supplemented
in the future.
I certify under penalty of perjury and pursuant to the laws of The State of Iowa that the
preceding statepmentjis true and correct.
Dated:
STATE OF IOWA
) ss:
COUNTY OF DUBUQUE
Tschiggfrie ' cayati g -Com an
By:
Rod Tschiggfrie
Vice President
On this gam` day of Suxk. , 2012, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Rod Tschiggfrie, Vice President for Tschiggfrie
Excavating Company, to me known to be the person named in and who executed the foregoing
instrument, and acknowledged that he executed the same as their voluntary act and deed.
Notary Public in an for h
State of Iowa
DAWN M. HINZMAN
Commission Number 770853
My Comm. Exp. Z
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As of5/23/12 Amount totals rayr..erris
Billed To Date
11/19/2010 $ 1866,500.00 $ 186,500.00
#2 . S 52,681.62
12/20/2010 S 57,300.00 S 243,800.00
#3
1/20/2011 $ 108,438.00 S 352,238.00 3109.800.00
#4
2/20/2011 5 141,997.00 $ 194235.00
#5
3/20/2011 $ 47.000.00 $ 541,235.00 5 42,300.00
#6
4/11/2011 $ 69.230.98 S 610.465.98 S 52,307.98
#7
4/25/2011 $ 98,416.41 S 708,882.39 5112,179.79
08
5/20/2011 $ 81.117.61 5 790,000.00 5 73.005.61
6 /20 /2011 S 77,659.00 S 867,659.00 $ 63,366.00
Adjust $ (23.259.00) $ 844,400.00
000
7 /20 /2011 $ 45,000.00 5 889,400.00 S 39,323.26
#11
8/20/2011 S /5,750.00 $ 965,16200 $ 68.175.00
#12
9 /20/2011 5 179,734.50 S 1,144,884.55 5161.751.55
Miron Adjustment ?? $ 5,01231 51,149,896.81
#13
10/20/2011 S 31,259.50 $1,181.1566.31 S 28.133.50
#14
11 /20/2011 S 84,643.69 S 1,266.000.00 S 70,870.19
415
12/20/2011 S 7,500.00 51,2733,500.00 S 3,213.00
Miron Adjustment ?? S (10,028.50) 51.263.471.50
#16
2/20/2012 5 36,528.50 51,300.000.00 $ 22.951.79
Miron Adjusanent ?? S (1:,026.71) S 1,288.97323
1217
3/20 /2012 5 21,500.00 $ 1.310.473.29 $ 19,350.00
Extras
4/23/2012 S 27.768.74 51,338.242.03 $ 24,991.74
#16
4123/2012 S 19,23126 S 1,357,473.29
#19
5/20/2012 S 30.526.71 S 1.388.000.00
Walling On Change Orders
Total $954417.03
Payments
S 7,237.89 ReBar Over Run
$ 3,404.39 ReBar Road
S 2,873.69 Rock for Temp Road and Maintenance
S 2,454.44 Rock For Crane Pads
$ 3,680.43 Rock for Temp Lot
$ 3.79421 Rock for Plant Roads
S 467.50 Removal of Debris
$ 885.00 Removal of Debris
5 24,797.55
Unbilled Completed Work S 24,797.55
Miron Will Not Pay
5 2,579.00 Snow for Miran
S 3,672.50 Snow for Miron
5 875.00 Pump Out Slrw-ture #5O
S - Claldlest id Traded or 2285.50
S
7,126.50
EXHIBIT
Miron WWTP
Tschiggfrie Job Billing
as of 4/23/12
Change Order Work
that Miron Refuses to Pay
Total Tschiggfrie Work Completed
Less Miron 10% Retainage
Amount Due
Amount Paid
Claim Amount for Labor and
Materials for Job as of 4123/12
$ 1,357,473.29
$ 31,924.05
$ 1,389,397.34
$ (138,939.73)
$ 1,250,457.611
$ 954,417.03
$ 296,040.58
TSHCIGGFRIE EXCAVATING COMPANY'S CLAIM FOR PAYMENT FOR
MATERIALS AND LABOR FURNISHED FOR "INSURANCE WORK" DURING THE
CONSTRUCTION OF THE DUBUQUE WASTEWATER TREATMENT PLANT
I, the undersigned affiant, as Vice President of Claimant, Tschiggfrie Excavating
Company ( "Tschiggfrie Excavating "), after first being duly sworn, do affirm that the following
statement is true to the best of my knowledge and belief and is made of my personal knowledge.
On the dates set forth in the Itemized Statement attached hereto as Exhibit "A ",
Tschiggfrie Excavating furnished materials and labor as a subcontractor pursuant to a public
improvement contract between the City of Dubuque and Miron Construction for "Insurance
Work" during the construction of a new waste water treatment plant in Dubuque, Dubuque
County, Iowa. Although the construction project is ongoing, the Insurance Work is completed
and Miron Construction has requested the early release of retained funds related to the Insurance
Work. Tschiggfrie Excavating furnished the materials and labor used in the Insurance Work on
the dates and in the amounts set forth in Exhibit "A ", which is a true and correct statement of
account for the Insurance Work after allowing all credits.
There is now due and owing to Tschiggfrie Excavating from Miron Construction the
principal sum of $10,642.28 for the Insurance Work (excluding retainage on previously paid
amounts), with interest at 5% per annum from the 29th day of July, 2011.
I certify under penalty of perjury and pursuant to the laws of The State of Iowa that the
preceding state ent 's true and correct.
Dated: 6 7 %R Tschiggfrie xcavatin Company,
By:
Rod Tschiggfrie
Vice President
STATE OF IOWA )
) ss:
COUNTY OF DUBUQUE )
On this 0 day of u.ri& , 2012, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Rod Tschiggfrie, Vice President for Tschiggfrie
Excavating Company, to me known to be the person named in and who executed the foregoing
instrument, and acknowledged that he executed the same as their voluntary act and deed.
tott074 (1197.
Notary Public in nd for the
State of Iowa
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