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Signed Contract_J&R Supply, Inc. for Rings & Lids Metal SupplyCity of Dubuque City Council Meeting ITEM TITLE SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description Copyrighted April 1, 2024 Consent Items # 014. Signed Contract(s) J&R Supply, Inc. for the Ring & Lids - Metal Supply Project; Origin Design Co. for the Kerper Boulevard Lift Station Replacement; UPS Technologies for Odor Abatement Analysis. Suggested Disposition: Receive and File Kerper Boulevard Lift Station Replacement Odor Abatement Analysis Ring & Lids - Metal Supply Project Type Supporting Documentation Supporting Documentation Supporting Documentation TI IE CITY OF DUB E Masterpiece on the Mississippi CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT City of Dubuque Public Works Department 925 Kerper Court Dubuque,lA 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 _ J&R SUPPLY INC of (Vendor Name) 220 FENTRESS LAKE RD, EAST DUBUQUE, IL 61025 (Vendor Address -City and State) PROJECT TITLE: RING &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 protect:: 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 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 DECEMBER 1, 2024 (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 $ 435.00 / RING & COVER — $ 65,250 THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 10 % OF THE ABOVE LISTED ESTIMATED AMOUNT CITY OF DUBUQUE, IOWA VENDOR: By: 03/20/2024 -zv-- Z Su`PPU T , M chael C. Van Mi ligen Date Company Name City Manager By: Signature Date C1�c�aARO G CIZSC.�-1 C]� Printed Name �T V� Title VENDOR ACKNOWLEDGEMENT OF ATTACHED SPECIAL CONDITIONS: By: , 3 z Z Signature Date Sao L eK,x_t-1 Et-) Printed Name V• f. Title Page 3 of 4 The following Special Conditions shall apply to this Project: PRICE INCLUDES 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 CENTER, VENDOR MUST MAKE ADJUSMTENT TO DELIVERY TO INCLUDE ALTERNATIVE DELIVERY IF NECESSARY, GIVEN THIS INFORMATION. REV. 07/18 Page 4 of 4