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Signed Contracts_Ring & Lids-Metal Supply 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 r[-[e c[Tv or• City of Dubuque DT ' T � Public Works Department u l; 925 Kerper Court � Dubuque, lA 52001 Masterpiece on Nie Mississippi (563) 589-4250 CITY OF DUBUQUE , IOWA j SHORT FORM VENDOR SERVICE AGREEMENT � I THIS VENDOR SERVICE AGREEMENT (the Contract) , made in triplicate , between the City �I of Dubuque , lowa (City) , by its City Manager, through authority conferred upon the City Manager by its City Council and J & R SUPPLY, INC of i (VendorName) 220 FENTRESS LAKE RD , EAST DUBUQUE , IL 61025 (Vendor Address - Ciry and State) PROJECT TITLE : RWG & LIDS — METAL SUPPLY For and in consideration of the mutual covenants herein contained , the parties hereto agree as follows : VENDOR AGREES : 1 . To furnish all material and equipment and to perform all labor necessary for (the Project) : Providing manhole ring and lids for maintenance projects and asphalt overlay project. Materials should be delivered to : 925 Kerper Ct , Dubuque , IA 52001 � 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 lowa 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 . Ail 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 12/01 /2023 . (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 Iisted 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 ir�sure that in any contract entered into pursuant to this advertisement, minority �usiness enterprises will be afforded full apportunity to submit bids in res�ons� ta this invitation and �rvill not b� discriminated against on the grounds of race, cofar, na�ianal origin, sex, age, or disability in consideration fiar an �ward. � THE C1TY AGR��S: Upon the campletion af this Contract, and the �ccepta�c� af the Project �y t�e City Manager, the City agrees to pay the Vendar as full compensation fortkte complete performance o�t�is Contract, the amaunt determined for tf�e tatal work cornplefed at the prices slat�d in the Vendor's Pro�osal and less any liquidated damages provided fio�in fhe Cantract Documents. The wark as stated in �he Contract Dacuments is approximate on1y, and khe final p�yment shall be made for the acfual work completed �s listed below in this Contract. CONTRACT AMOIJNT: LfDSICOV�RS �50 (a} $270.00 RINGSIFRAMES 150 (c� $�75,00 70TAL; 66 75Q.0� TFiE MAXIMUM C�NTRACT AMC3U[�lT SHAL� �� LIMITED TO AN INCREASE OF 10 °/a OF THE ABOVE LIST�17 ESTIMATED AMOUNT CITY OF pU�UQUE, IOWA VENDOR: gy; �,�� �/�,,,���,Q�_ 03/27/2023 7a�� SUP?LY._!�• M�chael G, Van Milligen� Dat� Campany Name City Manager �Y: _���. T 3/r7/z.flt3 Signature �ate CDwwtO G 0�5�cHrr?�� Prir�fed Name v.P. Tif�e V�fVDOR ACKNOWLEDGEMEN7 O� ATTACMEO S�ECIAL. CQNDITLONS: By: , _ 3lnfzoz3 Signature Date E]Gt,�A r�D C_E]It.x EtE� Printed Name �. �• Title �'age 3 of�} The following Special Conditions shall appl to this Pro'ect: PRICE WCLUDES UNLOADING AND RELOADING MATERIALS ON TO VENDOR'S FLAT BED AND DELIVERY TO 925 KERPER CT, DUBUQUE , IA 52001 PUBLIC WORKS DEPARTMENT DOES NOT HAVE A LOADING DOC AT THE MUNICIPAL SERVICES BUILDWG . VENDOR MUST MAKE ADJUSTMENTS TO DELIVERY TO WCLUDE ALTERNATE DELIVERY IF NECESSARY , GIVEN THIS INFORMATION . REV. 07/ 18 Page 4 of 4