Signed Contracts_2023 Asphalt Milling Project Copyrighted
August 7, 2023
City of Dubuque Consent Items # 026.
City Council Meeting
ITEM TITLE: Signed Contract(s)
SUMMARY: American Queen Steamboat Operating Company, LLC forthe Docking
Services Agreement; Celebration Belle for the 2023 Docking
Agreement; Dubuqueland Door Company for the Municipal Services
Center Salt Shed Door Replacement Project; Graymont Western Lime
forthe Eagle Point Water Plant High Calcium Quicklime; lowa Based
Milling for the 2023 Asphalt Milling Project; J&R Supply, I nc for the Ring
& Lids - Metal Supply; Landmark Turf Services, LLC for the Weed
Control Flood Control System Spraying 2023; McDermott Excavating for
the Radford Road Concrete Pavement Repair Project; WHKS & Co. for
the Burlington St. Water Main I mprovement Project.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Docking Services Agreement-American Queen Supporting Documentation
2023 Docking Agreement- Celebration Belle Supporting Documentation
Municipal Services Center Salt Shed Door Supporting Documentation
Replacement Project
Eagle Point Water Plant High Calcium Quicklime Supporting Documentation
Project
2023 Asphalt Milling Project Supporting Documentation
Ring & Lids- Metal Supply Supporting Documentation
Weed Control Flood Control System Spraying 2023 Supporting Documentation
Radford Road Concrete Pavement Repair Project Supporting Documentation
W HKS - Burlington Street Contract Supporting Documentation
T'�IE CITY OF
Gi�y of Dubuque
��� � Pubiic Works Department
925 Kerper Cou�t
Masterpiece orc t�.e Misszssippi Du6uque, IA 52001
(563}589-4250
C1TY OF DUBUQIlE, IpWA
SHORT FORM
VENDOR SERVICE AGREEMENT
THIS VENDOR SERVICE AGREEMENT (the Contract), made in trip{icate, between the Ci#y
of Dubuque, lowa (City), by its C�fy Manager, through authority conferred upon the City Manager
by i�s City Cour�cil and
lowa Sased Mi�fing {Uendor} of#he City of Farley, lowa
(Vendor Name)
12522 Heisler Road,Farle lowa 52046
(Vendor Address-City and State)
PROJECT TITLE: 2023 APSHALT MILLING PRQJ�CT— PRa.�ECT NUMBER 2023-01
For and in cansideratian of the mutual covenants herein contained, the parties hereto agree as
follows:
VENDO�t AGREES:
1. To furnisl� all equipment and fo perForm all labor necessary for (the Project):
Asphalt milling of 14,169 estima�ed square yards of asphalt pa�ement profile miiling at less
then 2 inches
The work described above shall be com leted at the followin location s :
Brandywine Par1c Dri�e, Castlewood Lane, Highla�d Park Drive, �luntington Drive,
Wilderness Road, Arbor Hills Dr
The Project sha{! be completed in strict accordance with the terms as describeci in this Contract;
in strict aecordance with the requirements af the laws ofi the State of lowa and ordinances of the
City of Dubuque, and in accordance with ti�e Request For Proposak (RFP) Documents which
provisions and documents are each and all h�reby referred to and made a part of this Contract
just as mueh as if the deta�led statEments thereof were repea#ed herein.
Page 1 of 4
2. Contract Documents shall mean and incl�de the fallawing: This Contract; a!I ordinances and
resolutions heretofore adopted by the City Cvuncil hav9ng to do with this Project; the Vendar's
Proposal; and any, Plans and Specifications and General Requiremertts 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 shalk be of the quality required by the Contract
Doeuments and shall be put in place in accordance with the Contract Documen�s.
4. The Vendor shall remove any materiafs rejected by the City Manager as defiective or improper,
or any of said work condemned as unsuitable or defecti�e, and tY�e same shakl be replaced ar
done anew to the satisfaction af the C€ty Manager at the cost and expense of the Vendor.
5. The Vendor has read and ur�derstands the Contract Docurnents and has examined and
understands the project description deseribec� in Section 1 of�his Agreement and any attached
Special Conditions her�in referred to and agrees not to plead misunderstanding or deception
because of esti�ates of quantity, character, location or other conditions surrounding the same.
6. The Vendor shall fu11y complete the Project under this Contract an or before
June16 2023 �
(DATE)
7. INDEMNIFICA7IQN FROM TH1RD PARTY CL.AlMS. To the fullest extent permitted by law,
Vendor sF�all defend, ir�demnify and hold harmless City, its officers and employees, from and
against all claims, dama�es, losses and expenses claimed by third parties, but not including any
claims, damages, losses or exper�ses a#the pa�ties to #his Cantract, including but r�ot limi#ed to
attorneys' fees, arising out of ar resulting fram performance of this Cantract, pro�ided that such
claim, damages, loss or expense is a#tributable to bodily injury, sickness, disease or death, or
injury ta or c�estruct�an of property, including lass 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 V�ndor or anyone for whose acts Vendor may be liable, regardiess 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 t�mes during the perFormance of this Contract, the Vendor shalf provide
evidence af insurance which meets the requirements of the City's Insurance Schedule attached
to this Contract and listed in the Special Conditions section.
9. The Vendar agrees that no work under this Gontract shall commence or�th�Project u�til the City
has issued a written "Natice ta P�oceed"to the Vendor. Any work started by the Vendor prior the
issuance of the Notice to Proceed shall �e considered unauthorized and done at the sole risk to
the Vendor.
10, The City of Dubuque in accordance w9th Title VI of tl�e Civil Rights Act of 1964, 78 Stat. 252, 42
U.S,C. 2000d-20QOd-4 and Titie 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secrefiary, Par� 21, Nondiscrimination in Federaily assisted programs of
the Department of Transportation issued pursuant ta such Act, hereby notifiies all bidders that it
Page 2 of 4
wil� affirmatively ir�sure that in any contract ente�ed into pursuant to this advertisement, m�narity
business en#erprises will be a#forded full oppartunity to submit bids in response to this in�itatian
and wi11 not be discriminated against on the graunds of race, color, national origin, sex, age, or
disability irt consideration far 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 campensation for the complete performance of this Cantract,
the amount determined for the total woric completed at the pri�es stated in the Vendor's Proposal
and less any liquidated damages pro�ided for in the Gontract Doeuments. Th�work as stated in the
Contra�t Documents is appraximate only, and the final payment shall be made for the �ctual work
completed as listed below in #his Contract.
CONTRACT AMOUNT Q.98 er s ard x 14 169 = 13 885.62
Footage wilf be adjusted in the fEeld and payment will be based on unit cost
CITY OF DUBUQUE, IOWA VENDOR:
gy: ,,,� �' 06/01/2023 ��A �-,�C� I��,j�►rl7blr L�t�.-
ichael C. Van Mi ligen � Date Company Name
City Manager I.�, _ � - �
By:
ig ature Date
�rinted Name
� �G ��
Title
VENDaR ACKNOWLEQGEMENT aF
ATTACHED SPECIAL CONDITIONS:
� �
By:
i nature Date
� ���.
Printed Name
��� 1�C��v���"�
Title
Page 3 of 4
The followin S ecial Cor�ditions shall a I to this Pro'ect:
INCLUDED IN THE BID PR10E THE M�LIING CONTRACT�R SHALL PR4VIDE IN ADDITON
TO TH�E MILLING MACHIiVE, A WATER TRUCK,SK�D STEER UNiT WITH SMALL 1VIILLING
HEAD AND A MINIMUM THi�EE MEMBER CREW. THE PUBLIC WORKS DEPARTMENT WILL
PROVIDE THE NECESSARY TRAFFIC CONTROL, STREET SWEEPING, WAT�R �OAQING
At THE MSC AND TRUCKING.
REV. 07/18
Page 4 of 4