Signed Contract_Toter LLC for Toter CartsCity 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
THE CITY OF
DUB r
Masterpiece on the Mississippi
Dubuque
All-AMIPIN CHI
2007-2012.2013
2017:+2019
CITY OF DUBUQUE, IOWA
SHORT FORM
VENDOR SERVICE AGREEMENT
Public Works Department
925 Kerper Court
Dubuque,lA 52001
Office (563) 589-4250
Fax (563) 589-4252
TTY (563) 589-4193
pub licworksL&cityofdubuque.org
www. cityofdubuque.org
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 Toter, LLC (Vendor) of the City of Statesville, NC 28677
PROJECT TITLE:
(Vendor Name)
TOTER CARTS
(Vendor Address — City, State)
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):
Quote Number WQ-10235694, attached
The work described above shall be completed at the following location(s):
Product shall be delivered FOB to 925 Kerper Court
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 OMNIA Partners, Public Sector (subsidiaries
National IPA and U.S. Communities) agreement through Toter's Contract No. 171717-01 as
awarded by the City of Tucson on 10-31-2017. 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.
2. Contract Documents shall mean and include the following: This Contract; Toter Quote Number
WQ-10235694, attached, and all terms and conditions referenced 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
May 1. 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, 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(s)
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 Contract, 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 $ 607,369.32
CITY OF DUBUQUE, IOWA
By: ZIA�� k�4 Aa
M chael C. Van illigen
City Manager
VENDOR:
06/24/2022 Toter, LLC
Date Company Name
By: 6u
(Slign-ature
Laura P. Hubbard
Printed Name
Director of Municipal Sales
Title
VENDOR ACKNOWLEDGEMENT OF
June 24, 2022
Date
ATTACHED SPECIAL CONDITIONS:
By: June 24, 2022
ignature Date
Laura P. Hubbard
Printed Name
Director of Municipal Sales
Title
Page 3 of 4
i ne toiiowina bDeciai uonaitions snail aDDiV to tnis rroiect:
VENDOR SHALL COMPLY WITH INSURANCE SCHEDULE G, ATTACHED.
REV. 07/18
Page 4 of 4
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
INSURANCE SCHEDULE G
1. shall furnish a signed certificate of insurance to the City of Dubuque, Iowa
for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall
be prepared on the most current ACORD form approved by the Iowa Insurance Division or an
equivalent. Each certificate shall include a statement under Description of Operations as to why
the certificate was issued. Eg: Project # or purchase agreement
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The service provider shall be required to carry the minimum coverage/limits, or greater if required
by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage
shall not be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of this
agreement.
6. All required endorsements shall be attached to certificate.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalent form is approved by the Director of Finance and Budget. The service provider must
identify or list in writing all deviations and exclusions from the ISO form.
8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits
shall be this agreement's required limits.
9. Vendor shall require all subcontractors and sub -subcontractors to obtain and maintain during the
performance of work insurance for the coverages described in this Insurance Schedule and shall
obtain certificates of insurance from all such subcontractors and sub -subcontractors. Vendor
agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and
maintain such coverage. The City may request a copy of such certificates from the Vendor.
10. Vendor shall be responsible for deductibles/self-insured retention for payment of all policy
premiums and other costs associated with the insurance policies required below.
11. All certificates of insurance must include agents name, phone number, and email address.
12. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
13. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the agreement, subject to
mutual agreement of the parties.
Page 1 of 4 Schedule G Vendors April 2021
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
INSURANCE SCHEDULE G (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 00 01, or Business owners form BP 00 02, shall be clearly
identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement (Sample
attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations) or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by Iowa Code Section 85.1A, the Vendor is not required to purchase Workers'
Compensation Insurance, the Vendor shall have a copy of the State's Nonelection of
Workers' Compensation or Employers' Liability Coverage form on file with the Iowa
Workers' Compensation Insurance Commissioner, as required by Iowa Code Section
87.22. Completed form must be attached.
Page 2 of 4 Schedule G Vendors April 2021
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
INSURANCE SCHEDULE G (continued)
C) POLLUTION LIABILITY
Coverage required: —Yes _ No
Pollution liability coverage shall be required if the lessee, contracting party, or permittee
has any pollution exposure for abatement of hazardous or contaminated materials
including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs.
Pollution product and completed operations coverage shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10.
(Ongoing operations) or its equivalent and CG 20 37(competed operations).
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
D) PROFESSIONAL LIABILITY $1,000,000
Coverage required: —Yes _ No
If the required policy provides claims -made coverage:
1) The Retroactive Date must be shown and must be before the date of the
agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the work or services.
3) If coverage is canceled or non -renewed and not replaced with another claims -
made policy form with a Retroactive Date prior to the date of the agreement, the
contractor must provide "extended reporting" coverage for a minimum of five (5)
years after completion of the work or services.
E) CYBER LIABILITY/BREACH $1,000,000
Coverage required: Yes No
Coverage for First and Third Party liability including but not limited to lost data and
restoration, loss of income and cyber breach of information.
F) UMBRELLA/EXCESS $1,000,000
Coverage required: —Yes _ No
The General Liability, Automobile Liability and Workers Compensation Insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including Waiver of Subrogation and Primary and Non-contributory in favor of the
City.
Page 3 of 4 Schedule G Vendors April 2021
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code
sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule G Vendors April 2021
Toter OMNIA
Sell To:
Contact Name Arielle Swift
Bill To Name
City of Dubuque
Bill To
925 Kerper Ct
Dubuque, IA 52001-2405
USA
Email
aswift@cityofdubuque.org
Phone
(563) 589-4344
Mobile
(563) 581-5838
Quote Information
Salesperson Phillip Chiles
Salesperson Email pchiles@wastequip.com
Salesperson Phone (319) 371-4761
841 Meacham Rd, Statesville, NC, 28677
PHONE: 800-424-0422 FAX: 833-930-1124
WQ-10235694
Ship To Name City of Dubuque
Ship To 925 Kerper Ct
Dubuque, IA 52001-2405
USA
Created Date 6/17/2022
Expiration Date 6/25/2022
Quote Number WQ-10235694
Please Reference Quote Number on all
Purchase Orders
---Body Color - (149) Dark Gray Granite
---Lid Color - (200) Black
---Body Hot Stamp on Both Sides (New) in White
---Wheels - 10in Snap -on
**Plastics -
Model 79221 - Toter 21 Gallon EVR II
---Stopbar - Galvanized
79221
Universal/Nestable Cart
---Customer Serial Number Hot Stamped on
Front of Cart Body in White
---Ultra High Frequency RFID Tag
---2/3 Assembled with Lid (up), Stop Bar and
Axle Factory Installed
---Body Color - (149) Dark Gray Granite
---Lid Color - (200) Black
---Body Hot Stamp on Both Sides (Existing) in
White
---Wheels - 10in Snap -on
---Stopbar - Galvanized
**Plastics -
Model 79235 - Toter 35 Gallon EVR II
---Customer Serial Number Hot Stamped on
79235
Universal Cart
Front of Cart Body in White
---Ultra High Frequency RFID Tag
---2/3 Assembled with Lid (down), Stop Bar and
Axle Factory Installed
---Warranty — 12 Yrs Cart Body, All other
components 10 Yrs
---Body Color - (149) Dark Gray Granite
---Lid Color - (200) Black
---Body Hot Stamp on Both Sides (Existing) in
White
---Wheels - 10in Snap -on
---Stopbar - Galvanized
**Plastics -
Model 79248 -Toter 48 Gallon EVR II
___Customer Serial Number Hot Stamped on
79248
Universal/Nestable Cart
Front of Cart Body in White
25.00
10,000.00
600.00
$40.68
$46.60
$49.07
$1,017.00
$466,000.00
$29,442.00
Toter
OMNIA
P A R T N E R S
**Plastics - Model 79264 - Toter 64 Gallon EVR II
79264 Universal/Nestable Cart
**Plastics -
79296
Model 79296 - Toter 96 Gallon EVR II
Universal/Nestable Cart
**Plastics - Model 79296 - Toter 96 Gallon EVR II
79296 I Universal/Nestable Cart
**Plastics -
79264
Model 79264 - Toter 64 Gallon EVR II
Universal/Nestable Cart
841 Meacham Rd, Statesville, NC, 28677
PHONE: 800-424-0422 FAX: 833-930-1124
WQ-10235694
---Ultra High Frequency RFID Tag
---2/3 Assembled with Lid (down), Stop Bar and
Axle Factory Installed
---Warranty — 12 Yrs Cart Body, All other
components 10 Yrs
---Body Color - (149) Dark Gray Granite
---Lid Color - (200) Black
---Body Hot Stamp on Both Sides (Existing) in
White
---Wheels - 10in Snap -on
---Stopbar - Galvanized
---Customer Serial Number Hot Stamped on
Front of Cart Body in White
---Ultra High Frequency RFID Tag
---2/3 Assembled with Lid (down), Stop Bar and
Axle Factory Installed
---Warranty — 12 Yrs Cart Body, All other
components 10 Yrs
---Body Color - (149) Dark Gray Granite
---Lid Color - (200) Black
---Body Hot Stamp on Both Sides (Existing) in
White
---Wheels - 10in Snap -on
---Stopbar - Galvanized
---Customer Serial Number Hot Stamped on
Front of Cart Body in White
---Ultra High Frequency RFID Tag
---2/3 Assembled with Lid (down), Stop Bar and
Axle Factory Installed
---Warranty — 12 Yrs Cart Body, All other
components 10 Yrs
---Body Color - (705) Blue
---Lid Color - (705) Blue
---Body Hot Stamp on Both Sides (Existing) in
White
---Lid Hot Stamp Center - Read from Street
(Existing) in White
---Wheels - 10in Snap -on
---Stopbar - Galvanized
---Customer Serial Number Hot Stamped on
Front of Cart Body in White
---Ultra High Frequency RFID Tag
---2/3 Assembled with Lid (down), Stop Bar and
Axle Factory Installed
---Warranty — 12 Yrs Cart Body, All other
components 10 Yrs
---Body Color - (925) Waste Green
---Lid Color - (200) Black
---Body Hot Stamp on Both Sides (Existing) in
White
---Lid Hot Stamp Insert - Read from Street
(Existing) in White
---Wheels - 10in Snap -on
---Stopbar - Galvanized
---Customer Serial Number Hot Stamped on
Front of Cart Body in White
200.00
200.00
425.00
150.00
$51.53
$61.54
$60.04
$50.53
$10, 306.00
$12, 308.00
$25,517.00
$7,579.50
Toter OMNIA 841 Meacham Rd, Statesville, NC, 28677
P A R T N E R S PHONE: 800-424-0422 FAX: 833-930-1124
Nn�A UJMM,!u<„ WQ-10235694
---Ultra High Frequency RFID Tag
---2/3 Assembled with Lid (down), Stop Bar and
Axle Factory Installed
---Warranty — 12 Yrs Cart Body, All other
components 10 Yrs
Payment Terms Net 30 Days if credit has been established Subtotal $552,169.50
Shipping Terms FOB Destination Shipping $55,199.82
Tax $0.00
Grand Total $607,369.32
Additional Information
Additional Terms Our Quote is a good faith estimate, based on our understanding of your needs. Subject to our acceptance, your Order is
an offer to purchase our Products and services in accordance with the Wastequip Terms & Conditions of Sale ("WQ T&C")
located at: https://www.wasteguip.com/terms-conditions-of-sale, as of the date set forth in Section 1(b) of the WQ T&C,
which are made a part of this Quote. These WQ T&Cs may be updated from time to time and are available by hard copy
upon request.
Additional Pricing is based on your anticipated Order prior to the expiration of this Quote, including product specifications, quantities
Information and timing, accepted delivery within 45 days of Order acceptance by Toter. Any differences to your Order may result in
different pricing, freight or other costs. Due to volatility in petrochemical, steel and related Product material markets, actual
prices and freight, are subject to change. We reserve the right, by providing notice to you at any time before beginning
Product manufacturing, to increase the price of the Product(s) to reflect any increase in the cost to us which is due to any
factor beyond our control (such as, without limitation, any increase in the costs of labor, materials, or other costs of
manufacture or supply). Unless otherwise stated, materials and container sizes indicated on sales literature, invoices,
price lists, quotations and delivery tickets are nominal sizes and representations — actual volume, Products and materials
are subject to manufacturing and commercial variation and Wastequip's practices, and may vary from nominal sizes and
materials. All prices are in US dollars; this Quote may not include all applicable taxes, brokerage fees or duties. If
customer is not tax exempt, final tax calculations are subject to change.
Special Contract Please Note: Pricing and Product offerings is based on the OMNIA Partners, Public Sector (subsidiaries National IPA and
Information U.S. Communities) agreement through Toter's Contract No. 171717 as awarded by the City of Tucson on 02-01-2018. Per
the terms of this contract, pricing and products are evaluated every three (3) months for price adjustments based on
current market conditions, at any time without prior notice, and after City of Tucson approval. The current pricing is
effective 2-1-2022 through 4-30-2022. Toter, LLC Product Warranties, Disclaimers, Limitation of Liability and Remedies,
and Limited Warranty Provisions apply to all purchases thereunder.
Signatures
Accepted By:
Company Name:
Date:
Purchase Order:
Please Reference Quote Number on all Purchase Orders