Signed Contract_Graymont Western Lime, Inc. for Eagle Point Water Plant High Calcium QuicklimeCity of Dubuque
City Council Meeting
Consent Items # 010.
Copyrighted
October 3, 2022
ITEM TITLE: Signed Contract(s)
SUMMARY: Dubuque Community School District for School Resource Officers for
School Year 2022-2023; Dubuque Community School District for Drug
Abuse Resistance Education Cooperative Program from School Year
2022-2023; Experienced Roofing for the Municipal Services Center
Roof Repair; Gavilon Grain, LLC for salt transfer and handling services;
Graymont Western Lime, Inc. for the Eagle Point Water Plant High
Calcium Quicklime; Hawkins Inc. for the Eagle Point Water Plant Sodium
Hypochlorite; James Orr Coating I nspection, LLC for multiple water tank
inspections; MSA Professional Services, Inc. for the Briarwood
Subdivision Water Connection; W/K Construction for the 2022 Asphalt
Milling Project - Project Number 2022-6.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description
Type
Drug Abuse Resistance Education Cooperative Supporting Documentation
Program from School Year 2022-2023 Contract
School Resource Officers for School Year 2022-2023 Supporting Documentation
Contract
Municipal Services Center Roof Repair Contract Supporting Documentation
Salt Transfer and Handling Services Contract Supporting Documentation
Eagle Point Water Plant High Calcium Quicklime Supporting Documentation
Project
Eagle Point Water Plant Sodium Hypochlorite Contract Supporting Documentation
Multiple Water Tank Inspections Contract Supporting Documentation
Briarwood Subdivision Water Connection Contract Supporting Documentation
2022 Asphalt Milling Project Contract Supporting Documentation
THE C
DU�-aE
Masterpiece on the Mississippi
CITY OF DUBUQUE, IOWA
SHORT FORM
VENDOR SERVICE AGREEMENT
City of Dubuque
Water Department
Eagle Point Water Plant
1902 Hawthorne Street
Dubuque, IA 52001
(563) 589-4270
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
GRAYMONT WESTERN LIME, INC. (Vendor) of the City of
(Vendor Name)
215 N. Main St. Suite #200, West Bend, WI 53095
(Vendor Address - City and State)
PROJECT TITLE: EAGLE POINT WATER PLANT HIGH CALCIUM QUICKLIME
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 supply, delivery, and testing of HIGH CALCIUM QUICKLIME to the City of Dubuque
EAGLE POINT WATER PLANT (the Work).
The Work described above shall be completed at the following location(s);
EAGLE POINT WATER PLANT
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 (a copy of which is attached hereto and incorporated herein by this reference); 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 term of the contract shall be for the remainder of CY 2022 through .erne 30. 2023. The
contract may be extended by written mutual agreement by the City and the Vendor. No price
escalation will be allowed during the initial term of the contract. If it is mutually decided to renew
beyond the initial period and the Vendor requests a price increase, the Vendor shall provide
sufficient written certification and documentation to substantiate the request. Any price increase
will be at sole discretion of the City.
7. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law,
Vendor shall defend, indemnify, and hold harmless City, its officers, its employees, and its
volunteers 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 or subcontracted 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.
Page 2 of 4
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
will affirmatively ensure 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.
PRICE PER TON OF HIGH CALCIUM QUICKLIME: $176.00/TON
CITY OF DUBk;��
UQUE, IOWA
By:6/30/2022
Michael C. Van Mi ligen Date
City Manager
VENDOR:
M
Gra mont Western Lime Inc.
Companv Name
Signature
y ` D
7/1 /2022
Biju Daniel
Printed Name
VP. Sales & Distibution
Title
VENDOR ACKNOWLEDGEMENT OF
ATTACHED SPECIAL CONDITIONS:
Signature
Biju Daniel
Printed Name
VP. Sales & Distibution
Title
Page 3 of 4
Date
7/1 /2022
Date
The following Special Conditions shall apply to this Project
INSURANCE SCHEDULE G
REV.07/18
Page 4 of 4
BID SUBMITTAL FORM / SIGNATURE PAGE
HIGH CALCIUM QUICKLIME
Full Batch Delivery: Approximately 25TONS
Quote shall include all costs for supply, delivery, insurance, permits, testing and other related fees.
Price per Ton (TN) of Calcium Oxide: 76.00
Earliest Delivery Date:
Partial Load Pricing, if applicable
Price per Ton (TN) of Calcium Oxide
rTN
Indicate applicable quantity TN
rTN
The undersigned bidder, having examined these documents and having full knowledge of the condition under which
the work described herein must be performed, hereby proposes that she/he will fulfill the obligations contained herein
in accordance with all instructions, terms, conditions, and specifications set forth; and that she/he will furnish all required
products/services and pay all incidental costs in strict conformity with these documents, for the stated prices as payment
in full.
Submitting Firm: Graymont Western Lime inc
Address: 215 N Main Street, Suite # 200, West Bend, WI 53095
Authorized Representative (print): Biju Daniel Title: VP. Sales & Distibution
Authorized Signature:
Date: 6/13/2022 E-mail: bdaniel@graymont.com
Phone # (262 ) 3384024
Fax # ( )
EXCEPTIONS/ DEVIATIONS to this Request for Bid shall be taken below. If adequate space is not
provided for exceptions/deviations, please use a separate sheet of paper. If your company has no
exceptions/deviations, please write "No Exceptions" in the space below.
FIRM PRICING
Accepted prices shall remain firm for the duration of the contract.
DISCOUNT
Payment of invoice, unless otherwise noted, will be NET - 30 days. If you provide a discount for
quick pay, please state the terms here:,
9 1 Page
GENERAL COMPANY INFORMATION
Company Name Graymont Western Lime inc
Company Address 215 N Main Street, Suite # 200, West Bend, WI 53095
Local Distribution Center Name, if applicable:
Local Distribution Center Address:
Local Contact Name, Address & Phone
General Description of the Company:
Lime Manufacture of High Calcium & Dolomitic Lime
Biju Daniel VP. Sales & Distribution 2623384024
Email: bdaniel@graymont.com
Type of Organization (franchise, corporation, partnership, etc.)
Corporation
Number of years in business. 52
References
List three (3) municipal water or wastewater treatment plants that are current customers of your
company. (Name of firm, address, contact person, phone number)
1. City of Elgin, Elgin, IL
2. City of Ames, Ames, IA
3. City of St Paul, MN
Safety Record
Has your company received an OSHA violation in the past five (6) years? ❑ Yes ®No
If yes, please attach copies of the citations and an explanation of how they have been resolved.
8 1 Yag,e
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
INSURANCE SCHEDULE G
Graymont Western Lime, Inc. 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 "Emulsion Polymer Contract".
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.
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 the 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 anytime.
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.
Pagel of 4 Schedule G Vendors April 2021
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
INSURANCE SCHEDULE G (continued)
L*:/:1111 i 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.
•;
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: X 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 _X No
If the required policy provides claims -made coverage:
1) The Retroactive Date must be shown and must be before the date ofthe
agreement.
2) Insurance must be maintained and evidence of insurance must be provided forat
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 X_ 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: _X 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)
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 onlythose
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 timelywritten
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 favorof
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
5. No Other Change in Policy. The above preservation of governmental immunities shall not
otherwise change or alter the coverage available under the policy.
SPECIMEN
Page 4 of 4 Schedule G Vendors April 2021