Signed Contract_Compass Minerals America Inc. for Public Works Ice Control Road Salt Road SaltCity of Dubuque
City Council Meeting
Consent Items # 010.
Copyrighted
July 5, 2022
ITEM TITLE: Signed Contract(s)
SUMMARY: Vendor Service Agreement with Compass Minerals America I nc. for
Public Works Ice Control Road Salt:: Project 22-23-00; Lease
Agreement with Dubuque Water Sports Club; Vendor Service
Agreement with Toter LLC for Toter Carts; Vendor Service Agreement
with Wenzel Towing for the Towing Service Contract.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Vendor Service Agreement with Compass Minerals
America Inc.
Lease Agreement with Dubuque Water Sports Club
Vendor Service Agreement with Toter, LLC
Towing Service Contract
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Dubuque
THE CITY OF
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DUB E
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Masterpiece on the Mississippi
2UUI-2012.2013
2017*2019
June 15, 2022
Compass Minerals America, Inc.
Allan Emmons
9900 West 109th Street, Suite 100
Overland Park, KS 66210
Public Works Department
925 Kerper Court
Dubuque, IA 52001
Office (563) 589-4250
Fax (563) 589-4252
TTY (563) 589-4193
oublicworksfZD,citvofdubuaue. orq
www. ci tv o fd u b u a ue. o ro
NOTICE OF AWARD
This letter is in regard to the bids received by the City of Dubuque on June 10, 2022 for
Project No. 22-23-00: Ice Control Road Salt for the City of Dubuque for the 2022-2023
winter season. The total tonnage of 4,000 tons is based requested needs. Any added
tonnage in excess of 4,000 tons delivered on no more than 3 barges will be purchased
by the City of Dubuque to provide maximum tonnage per barge.
The bid results are as follows:
Cargill, Inc.
No Bid
Compass Minerals America, Inc
65.12
Morton Salt, Inc
1 69.89
Your firm has been awarded the purchase contract for the 2022-2023 winter season.
Sign and return contract in duplicate with original signatures. Once signed, please
return a scanned copy and an original signature copy to the City of Dubuque and keep
the remaining copy for your records. Bid Performance Bond is due within 10 working
days of this Notice of Award.
Please contact Assistant Public Works Director Arielle Swift at your earliest
convenience via email at aswift(aa)citvofdubuque.org with your contact and shipping
information.
Sincerely,
Arielle Swift
Assistant Public Works Director
Public Works Department
City of Dubuque
Dubuque
THE CITY OF
DUB E
AFA9ekIGll)'
1I11I'
2007•2012.2013
2017*2019
Masterpiece On the M1SS26S7 71
Public Works Department
925 Kerper Court
Dubuque, IA 52001
Office (563) 589-4250
Fax (563)589-4252
TTY (563) 589-4193
oubl icworks, CPC itvo fd ubue ue. oro
wwly callofdubue ue ore
CITY OF DUBUQUE, IOWA
SHORTFORM
VENDOR SERVICE AGREEMENT
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 Compass Minerals America Inc. (Vendor) of the City of
Overland Park, KS
(Vendor Name)
(Vendor Address - City and State)
PROJECT TITLE: Public Works Ice Control Road Salt:: Project 22 - 23 - 00
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):
Project # 22-23-00 : Road Deicer Salt (+/- 4,000 tons @ bid amount of $65.12 per ton)
No more than 2 baraes Der week
The successful Bidder shall, within ten (10) calendar days after the date of City Notice
of Award shall also furnish a Performance Bond.
The work described above shall be completed at the following location(s):
Product shall be delivered FOB Dubuque, IA to the City of Dubuque's Purina Drive barqe
terminal facility. This facility is located between mile markers 580 and 581 in the City of
Dubuaue.IA
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 Bids (RFB) 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.
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.
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.
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
November 1, 2022
(DATE)
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 $
294,000
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 10 % OF THE ABOVE
LISTED ESTIMATED AMOUNT
CITY OF DUBUUQUE, IOWA VENDOR: I
By: i, 06/14/2022 Cons —ass MintrWs A nericA, T.c.
Michael C. Van Milligen Date Co any Name
City Manager
By:
ature Date
J asa.:, 4Z
Printed Name
VENDOR ACKNOWLEDGEMENT OF
ATTACHED SPECIAL CONDITIONS:
By: Spy
Wu ZZ Date
IPr1intled `Name f
►�1GZ�M �a.l¢S ManciaP.r
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Page 3 of 4
to inis
I PERFORMANCE BOND FAILURE TO SPECIFY OR PARTICULARIZE SHALL NOT EXCLUDE I
TERMS OR PROVISIONS NOT MENTIONED AND SHALL NOT LIMIT LIABILITY AS WRITTEN
I IN ATTACHMENT D: BONDS WITHIN THE REQUEST FOR BIDS DOCUMENT. I
I THE POWER OF ATTORNEY FOR THE PERSON WHO SIGNS FOR SURETY COMPANY I
I SHALL BE ATTACHE TO SUCH BOND. I
REV. 07/18
Page 4 of 4
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Attachment D: Bonds
The successful Bidder shall, within (10) calendar days after the date of the City Notice of Award shall
also furnish a Performance Bond. This shall bear the same date as, or a date subsequent to, the date
of the Contract. The power of attorney for the person who signs for any surety company shall be
attached to such Bond.
PERFORMANCE AND PAYMENT BOND
Bond No. CMS0342065
KNOW ALL BY THESE PRESENTS:
That we, Compass Minerals America Inc. , as Principal
(hereinafter the "Contractor" or "Principal')
and RLI Insurance Company
as Surety are held
and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and
to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum
of Two Hundred Ninety-four Thousand & 00/100 dollars
($ 294,000.00 ), lawful money of the United States, for the payment of which sum, well and
firmly by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a contract
with the Owner, bearing date the 16th day of June , 2022, (hereinafter the
"Contract") wherein said Contractor undertakes and agrees to construct the following project in
accordance with the Contract Documents, and to faithfully perform all the terms and requirements of
said Contract within the time therein specified, in a good and workmanlike manner, and in accordance
with the Contract Documents. The Contract Documents for
Furnishing and Delivering of Sodium Chloride (Road Salt) Project detail
the following described improvements
City of Dubuque Ice Control Road Salt Bid
It is expressly understood and agreed by the Contractor and Surety in this Bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit:
1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide
by each and every covenant, condition, and part of said Contract and Contract Documents, by reference
made a part hereof, for the project, and shall indemnify and save harmless the Owner from all outlay
and expense incurred by the Owner by reason of the Contractor's default of failure to perform as
required. The Contractor shall also be responsible for the default or failure to perform as required under
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the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees
furnishing materials or providing labor in the performance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing
labor in the performance of the Contract on account of which this Bond is given, including but not limited
to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery,
equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are
not satisfied out of the portion of the contract price the Owner is required to retain until completion of
the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations
unless the claims of said claimants against said portion of the contract price shall have been established
as provided by law. The Contractor and Surety hereby bind themselves to the obligations and
conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as
though fully set out herein.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
—_ — _A— _ _ _T-o_consent without notice -to -any extensior�-of-time-authorized-in--approved-change orders
tothe Contractor in which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents, authorized
in approved change orders which thereby increases the total contract price and the penal
sum of this Bond, provided that all such changes do not, in the aggregate, involve an
increase of more than twenty percent (20%) of the total contract price, and that this Bond
shall then be released as to such excess increase;
C. To consent without notice that this Bond shall remain in full force and effect until the
Contract is completed, whether completed within the specified contract period, within an
extension thereof, or within a period of time after the contract period has elapsed and the
liquidated damage penalty is being charged against the Contractor.
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
A. That no provision of this Bond or of any other contract shall be valid that limits to less than
five (5) years after the acceptance of the work under the Contract the right to sue on this
Bond.
B. That as used herein, the phrase "all outlay and expense' is not to be limited in any way, but
shall include the actual and reasonable costs and expenses incurred by the Owner
including interest, benefits, and overhead where applicable. Accordingly, "all outlay and
expense" would include but not be limited to all contract or employee expense, all
equipment usage or rental, materials, testing, outside experts, attorney's fees (including
overhead expenses of the Owner's staff attorneys), and all costs and expenses of litigation
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as they are incurred by the Owner. It is intended the Contractor and Surety will defend and
indemnify the Owner on all claims made against the Owner on account of Contractor's
failure to perform as required in the Contract and Contract Documents, that all agreements
and promises set forth in the Contract and Contract Documents, in approved change orders,
and in this Bond will be fulfilled, and that the Owner will be fully indemnified so that it will
be put into the position it would have been in had the Contract been performed in the first
instance as required.
In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to which
the Contractor or Surety should have provided the defense, or in the enforcement of the promises given
by the Contractor in the Contract, Contract Documents, or approved change orders, or in the
enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety
agree that they will make the Owner whole for all such outlay and expense, provided that the Surety's
obligation under this Bond shall not exceed one hundred twenty-five percent (125%) of the penal sum
of this Bond.
In the event any actions or proceedings are initiated regarding this Bond, the parties agree that the
venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner to
enforce the provisions of this Bernd or to colLect the monetary obligation incurring -to the benefit of the
Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay and
expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner hereunder shall
be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to
the Owner, by law. The Owner may proceed against surety for any amount guaranteed hereunder
whether action is brought against the Contractor or whether Contractor is joined in any such action(s)
or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform
all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents,
and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and
effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined
in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or
Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa
Code, third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally
accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in
the construction industry, it shall be interpreted or construed according to its common or customary
usage.
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Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit
liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond.
Project No. 22-23-00
Witness our hands, in triplicate, this 16th day of June 2022.
PRINCIPAL:
Compass Minerals America Inc.
Con cto wj—�-
Si ature
u
Printed Name op '� 11''
Title
W-14Neq. a
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SURETY:
RLI Insurance Co=2 it
By: Surety C m ny B
nature' orney-in-Fact O icer
Linda Nipper, Attorney -in -Fact
Printed Name of Attorney -in -Fact Officer
Marsh USA Inc.
Company Name
15 W South Temple Ste 700
Company Address
City, State, Zip Code
801.533.3629
Company Telephone Number
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NOTE:
1. All signatures on this performance, payment, and maintenance Bond must be original
signatures in ink; copies, facsimile, or electronic signatures will not be accepted.
2. This Bond must be sealed with the Surety's raised, embossing seal.
3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond must
be exactly as listed on the Certificate or Power of Attorney accompanying this Bond.
Rvpmr//;"-Bids —C-4h'"Q Duingln,
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615 CM50342065
Phone: 800-645-2402 Bond No.
KnowAll Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes, but may be detached by the
approving officer if desired.
That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and
Insurance Company, required for the applicable bond.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable),
each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint:
Linda Nipper in the City of Salt Lake City Utah
State of
it's true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute,
acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed
Twenty Five Million Dollars ($25,000,000) for any single obligation, and specifically for the following described bond.
Principal:
Obligee:
Compass Minerals America Inc.
City of Dubuque, Iowa
RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and now in force,
to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the
corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President,
or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any
Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,
policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds,
policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and
the corporate seal may be printed by facsimile or other electronic image."
IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this 6th day of
.lanuary 2022
,�gVpPNOE CO ,.,,• ;.oaoWc axo.,y�r,.
UPYUgyr .y� a9: UPVOggT•�
SEAL.•' =_.SEAL
ri.��rltN0�5.'�;� •r,.. 4LIH015 ...n`"�
State of Illinois l
)} SS
County of Peoria
On this 6th day of .lanuary , 2022 , before me, a Notary
Public, personally appeared Barton W. Davis , who
being by me duly swom, acknowledged that he signed the above Power of
Attorney as the aforesaid officer of the RLI Insurance Company and/or
Contractors Bonding and Insurance Company, and acknowledged said
instrument to be the voluntary act and deed of said corporation.
By: LS jU li'li . &Wa—
Catherine D. Glover Notary Public
CATHEPINE O. OLOVER .
OFFICIAL SEAL
�c Notary Pudic-Shh MI
use My Oamrnlnlon Espim
Henn 21 2024
RLI Insurance Company
Contractors Bonding and Insurance Company
Barton W. Davis Vice President
CERTIFICATE
I, the undersigned officer of RLI Insurance Company and/or
Contractors Bonding and Insurance Company, do hereby certify
that the attached Power of Attorney is in full force and effect and is
irrevocable; and furthermore, that the Resolution of the Company as
set forth in the Power of Attorney, is now in force. In testimony
whereof, I have hereunto set my hand and the seal of the RLI
Insurance Company and/or Contractors Bonding and Insurance
Company this 16th day of one 2022
RLI Insurance Company
Contractors Bonding and Insurance Company
By: Q 13 +c�
Jeffrey D(YicO U U u Corporate Secretary
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