Signed Contract_W/K Construction for 2022 Asphalt Milling Project - Project Number 2022-6City of Dubuque
City Council Meeting
Consent Items # 010.
Copyrighted
October 3, 2022
ITEM TITLE: Signed Contract(s)
SUMMARY: Dubuque Community School District for School Resource Officers for
School Year 2022-2023; Dubuque Community School District for Drug
Abuse Resistance Education Cooperative Program from School Year
2022-2023; Experienced Roofing for the Municipal Services Center
Roof Repair; Gavilon Grain, LLC for salt transfer and handling services;
Graymont Western Lime, Inc. for the Eagle Point Water Plant High
Calcium Quicklime; Hawkins Inc. for the Eagle Point Water Plant Sodium
Hypochlorite; James Orr Coating I nspection, LLC for multiple water tank
inspections; MSA Professional Services, Inc. for the Briarwood
Subdivision Water Connection; W/K Construction for the 2022 Asphalt
Milling Project - Project Number 2022-6.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description
Type
Drug Abuse Resistance Education Cooperative Supporting Documentation
Program from School Year 2022-2023 Contract
School Resource Officers for School Year 2022-2023 Supporting Documentation
Contract
Municipal Services Center Roof Repair Contract Supporting Documentation
Salt Transfer and Handling Services Contract Supporting Documentation
Eagle Point Water Plant High Calcium Quicklime Supporting Documentation
Project
Eagle Point Water Plant Sodium Hypochlorite Contract Supporting Documentation
Multiple Water Tank Inspections Contract Supporting Documentation
Briarwood Subdivision Water Connection Contract Supporting Documentation
2022 Asphalt Milling Project Contract Supporting Documentation
THE C
DUUB-*TE
Masterpiece on the Mississippi
CITY OF DUBUQUE, IOWA
SHORT FORM
VENDOR SERVICE AGREEMENT
City of Dubuque
Public Works Department
925 Kerper Court
Dubuque, IA 52001
(563) 589-4250
THIS VENDOR SERVICE AGREEMENT (the Contract), made in triplicate, between the City
of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager
by its City Council and
W/K Construction (Vendor) of the City of Middleton Wisconsin
(Vendor Name)
4292 Twin Valley Road Middleton, Wisconsin 53562
(Vendor Address - City and State)
PROJECT TITLE:
2022 APSHALT MILLING PROJECT — PROJECT NUMBER 2022-6
For and in consideration of the mutual covenants herein contained, the parties hereto agree as
follows:
VENDOR AGREES:
1. To furnish all equipment and to perform all labor necessary for (the Project):
Asphalt milling of 23,247 estimated square yards of asphalt pavement profile milling at less
then 2 inches
The work described above shall be completed at the following locations :
Jackson Street 12th to 24th , E 15th Street railroad tracks to Sycamore, Maple Street, Cedar
Street
The Project shall be completed in strict accordance with the terms as described in this Contract;
in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the
City of Dubuque, and in accordance with the Request For Proposal (RFP) 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.
Page 1 of 4
2. Contract Documents shall mean and include the following: This Contract; all ordinances and
resolutions heretofore adopted by the City Council having to do with this Project; the Vendor's
Proposal; and any, Plans and Specifications and General Requirements as adopted by the City
Council for the Project which are listed in the Special Conditions section of this Contract.
3. All materials used by the Vendor on this Project shall be of the quality required by the Contract
Documents and shall be put in place in accordance with the Contract Documents.
4. The Vendor 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 Vendor.
5. The Vendor has read and understands the Contract Documents and has examined and
understands the project description described in Section 1 of this Agreement 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.
6. The Vendor shall fully complete the Project under this Contract on or before
September 19 2022
(DATE)
7. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law,
Vendor 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 therefrom, but only to the extent
caused in whole or in part by negligent acts or omissions of Vendor, or anyone directly or indirectly
employed by Vendor or anyone for whose acts Vendor may be liable, regardless of whether or
not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.
8. Unless otherwise specified in the Contract Documents, prior to the commencement of any work
on this Project and at all times during the performance of this Contract, the Vendor shall provide
evidence of insurance which meets the requirements of the City's Insurance Schedule attached
to this Contract and listed in the Special Conditions section.
9. The Vendor agrees that no work under this Contract shall commence on the Project until the City
has issued a written "Notice to Proceed" to the Vendor. Any work started by the Vendor prior the
issuance of the Notice to Proceed shall be considered unauthorized and done at the sole risk to
the Vendor.
10. 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
Page 2 of 4
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.
THE CITY AGREES:
Upon the completion of this Contract, and the acceptance of the Project by the City Manager,
the City agrees to pay the Vendor as full compensation for the complete performance of this Contract,
the amount determined for the total work completed at the prices stated in the Vendor's Proposal
and less any liquidated damages provided for in the Contract Documents. The work as stated in the
Contract Documents is approximate only, and the final payment shall be made for the actual work
completed as listed below in this Contract.
CONTRACT AMOUNT $ 0.83 Der so yard = $19.295.01
Footage will be adjusted in the field and payment will be based on unit cost
CITY OF DU)BUUQUE, IOWA
By: I,Lt/'�K !/
Michael C. Van illigen
City Manager
09/11/2022
Date
VENDOR:
feo114- zl;� .
Company Name
Signature Dat
Printed Name
Se«lll�l
Title
VENDOR ACKNOWLEDGEMENT OF
ATTACHED SPECIAL CONDITIONS:
By: 71, 2v.
Signature Dale
Printed Name
Title
Page 3 of 4
The following Special Conditions shall apply to this Project:
INCLUDED IN THE BID PRICE THE MILIING CONTRACTOR SHALL PROVIDE IN ADDITON
TO THE MILLING MACHINE, A WATER TRUCK,SKID STEER UNIT WITH SMALL MILLING
_ HEAD AND A MINIMUM THREE MEMBER CREW. THE PUBLIC WORKS DEPARTMENT WILL
STREET SWEEPING. WATER (LOADING
REV. 07/18
Page 4 of 4