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Signed Contract_J&R Supply, Inc. for the Ring & Lids - Metal Supply Copyrighted April 15, 2024 City of Dubuque Consent Items # 022. City Council Meeting ITEM TITLE: Signed Contract(s) SUMMARY: Bolton & Menk, Inc. forthe CentralAvenue and White Street Corridor Traffic Study; J&R Supply, Inc. forthe Ring & Lids - Metal Supply. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type Central Avenue and White Street Corridor Traffic Supporting Documentation Study Ring & Lids- Metal Supply Supporting Documentation rue c�Tv or � �x Ci'iy oE � ubuyue �� p�, �� _J �-�, Public Works Department .__ _._.._ _ - _ _ _ - _ ._ _ . ., 925 Kerper Court Mnsterpiecc on the Mississippi Dubuque, IA 52001 (563) 589-4250 CITY OF DUBUQUE, IOWA SHORTFORM VENDOR SERVICE AGREEMENT THIS VENDOR SERVICE AGREEMENT (the Contract) , made in triplicate , between the City 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 (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 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 I 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 ali 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 aIl 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 Federaily assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it Page 2 of 4 wil! affirmati�ely insure that in any con�ract entered into pursuant to this ad�ertisement, minority business en�erprises will be affnrded full opportunity to submit bids in response to this invitation and will not be discriminated against an the grounds af race, calor, natianal origin, sex, age, ar disability in consideration for an award, THE CiTY AGREES: Upon �he completion of this Contract, and the acceptance of the Praject by the City Manager, the City agrees ta pay the Vendor as full campensatian for the complete per#armance af this Contrac�, the amount determined for the total work completed at the prices stated in #he Vendor's Proposal and less any liquidated damages �rovided far in the Cantract 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 I�sted �elow in this Cantract. CONTRACT AMOUNT $ 435.001 RiNG & C4VER � $ 65,25Q THE MAXIMUM CONTRACT AMOlJNT SHALL BE LIMITED TO AN INCREASE OF '�0 % OF T{�E ABOVE LISTED ESTIMATED AMOUNT CITY OF DUBUQUE, [OWA VENDQR: By: � 03/20/2024 �� Z St�PP��; T . M chael C. Van Mi ligen Date Campany Name City Manager �C�' BY� C��,. .3 iz. 2�f Signature Date C�c�aARO G CIZ.SC.�-1 C]� Printed Name �T V� � Titfe VENDOR ACKNOWLE�GEMENT OF ATTACHED SPEC[AL CONDIT[ONS: BY� ����. � 3 z Z -- ----_ 5ignature Date ��o L eK,x_t�l� Printed Name V• f. Title Page 3 of 4 The following S ecial 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 MUNICPAL SERVICES CENTER . VENDOR MUST MAKE ADJUSMTENT TO DELIVERY TO INCLUDE ALTERNATIVE DELIVERY IF NECESSARY , GIVEN THIS INFORMATION . REV. 07/ 18 Page 4 of 4