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Signed Contract_Landmark Turf Services, LLC for Weed Control Flood Control System Spraying 2024City of Dubuque City Council Meeting Consent Items # 013. Copyrighted June 3, 2024 ITEM TITLE: Signed Contract(s) SUMMARY: Landmark Turf Services, LLC for the Weed Control Flood Control System Spraying 2024; First Amendment to Access Easement Agreement with Butler Children's Garden Foundation, I nc.; Amended and Restated Parking Agreement with Wanderwood Gardens and Dubuque Arboretum and Botanical Gardens. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type Weed Control Flood Control System Spraying 2024 Supporting Documentation First Amendment to Access Easement Agreement Supporting Documentation Amended and Restated Parking Agreement Supporting Documentation *ri-tE ci-ry of D!UjBQTE1 iWastel-piece oll the Mississippi. CITY OF DUBUQUE, IOWA SHORT FORM VENDOR SERVICE AGREEMENT City of Dubuque Public Works Department 925 Kerper Court Dubuque, A 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 Landmark Turf Services, LLC of (Vendor Name) 7524 N. Raymond Road, Dunkerton, Iowa 50626 (Vendor Address - City and State) PROJECT TITLE: Weed Control Flood Control System Spraying 2024 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:: Weed control along both the land side and river side of the flood control system and additional add on areas as requested. Deliverables include weed control at the following areas: Treatment of approximately 512,815 SQ FT of clean stone on the land side of the levee system. Treatment of approximately 200,000 SQ YDS of of rip rae on the river side of the levee system, Treatment of approximately 28,834 SQ YDS Lower Bee Branch Retention basin & channel area. Treatment of approximately 5,857 SQ YDS of rip rap on the river side of AY McDonald Park, Treatment of approximately 7,600 SQ FT of clean stone at the Municipal Services Center. Treat area identified at the Jackson Street Storm Water Pumping Station. Treat identified rip rap area along river side of Miller Riverview Park. Treat PW storage lot along Water Street in the South Port. 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. 6. 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 30, 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 forthe 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 2T$ ,080.36 THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 'id % OF THE ABOVE LISTED ESTIMATED AMOUNT CITY OF DUBUQUE, IOWA VENDOR: By: A 0 JJ- 05/15/2024 1, � A A W% -,.IC T y r -F' Sc a v: L*--$ L-I-C. 'Mfc ael C. Van Mi igen Date Company Name City Manager By: 5 $ / aH °^� Signature Date Y1'1kc 141 11C,/ Printed Name Title VENDOR ACKNOWLEDGEMENT OF ATTACHED SPECIAL CONDITIONS: By: �. 19 N� S1 S l a Signature Date M'Ac. W,flcl Printed Name Q ics..Pc.�� Title Page 3 of 4 I ne tollowin S ecial Conditions shall apply to this Project: The attached letter dated February 29, 2024, has identified the price per area and will be used r REV. 07118 Rage 4 of 4 LANDMARK TURF SERVICES, LLC 7524 N Raymond RD Dun kerton, A 50626 February 29, 2024 Paul Davis City of Dubuque Dubuque, A Dear Pau 1, Landmark Turf Services proposes to treat the following areas for the 2024 growing season. Landmark Turf Services will provide all labor, materials, and equipment to complete the project in a timely and efficient manner, 512,815 SQ FT Landside of the levee $3589.71 200,000 SQ YDS River side of the levee $18,817.76 28,834 SQ YDS Bee Branch Retention Basin and Channel $2,715.90 5,857 SQ YDS A.Y.McDonald Park $551.52 7,600 SQ FT Municipal Services Center $106.47 Lift station $150.00 Miller Park RipRap $984.00 Storage lot by South walking trail $165.00 Thanks, Mike Mike Hiller President Landmark Turf Services LLG (319)415-8523 mike@landmarkturf.com LANDMARK TURF SERVICES, LLC 7524 N Raymond RD Dun kerton, IA 50626 Dubuque products Landside: Esplande 200 SC 5oz/ac Milestone 6oz/ac Plateau 12oz/ac Detail I oz/ac All others: Polaris 64oz/ac Freelexx 64oz/ac Mike Hiller President Landmark Turf Services LLC (319)415-8523 mike@landmarkturf.com