Signed Contracts_Eagle Point Water Plant High Calcium Quicklime Project Copyrighted
August 7, 2023
City of Dubuque Consent Items # 026.
City Council Meeting
ITEM TITLE: Signed Contract(s)
SUMMARY: American Queen Steamboat Operating Company, LLC forthe Docking
Services Agreement; Celebration Belle for the 2023 Docking
Agreement; Dubuqueland Door Company for the Municipal Services
Center Salt Shed Door Replacement Project; Graymont Western Lime
forthe Eagle Point Water Plant High Calcium Quicklime; lowa Based
Milling for the 2023 Asphalt Milling Project; J&R Supply, I nc for the Ring
& Lids - Metal Supply; Landmark Turf Services, LLC for the Weed
Control Flood Control System Spraying 2023; McDermott Excavating for
the Radford Road Concrete Pavement Repair Project; WHKS & Co. for
the Burlington St. Water Main I mprovement Project.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Docking Services Agreement-American Queen Supporting Documentation
2023 Docking Agreement- Celebration Belle Supporting Documentation
Municipal Services Center Salt Shed Door Supporting Documentation
Replacement Project
Eagle Point Water Plant High Calcium Quicklime Supporting Documentation
Project
2023 Asphalt Milling Project Supporting Documentation
Ring & Lids- Metal Supply Supporting Documentation
Weed Control Flood Control System Spraying 2023 Supporting Documentation
Radford Road Concrete Pavement Repair Project Supporting Documentation
W HKS - Burlington Street Contract Supporting Documentation
THE CITY OF
D�., +� � City of Dubuque
U Water Department
Eagle Point Water Plant
Masterpiece on t12e Mississippi 1902 Hawthorne Street
Dubuque, IA 52001
(563) 589-4270
CITY OF DUBUQUE, IOWA
SHORT FORM
VENDOR SERVICE AGREEMENT
THIS VENDOR SERVICE AGREEMENT (the Contract), made in triplicate, befinreen the City
of Dubuque, lowa (City), by its City Manager, through authority conferred upon the City Manager
by its City Council and
GRAYMONT WESTERN LIME (Vendor) of the City of Dubuque
(Vendor Name)
215 N, Main St Suite#20p,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 e ui ment and to erform all labor necessa for the Work :
The supply delivery, and testing of HIGH CALCIUM QUICKLIME to the City of Dubuque
EAGLE POINT WATER PLANT
The work described above shall be com leted at the followin 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 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.
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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 term of the �antrac# shall b� for the remainder of CY 2023 throu h June 30 2024. 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 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
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the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it
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.
PRICE PER TON OF HIGH CALCIUM QUICKLIME: $184.00/TON
CITY OF DUBUQUE, IOWA VENDOR:
By: � 7/13/2023 Gra mont Western Lime
ichael C. Van illigen Date Company Name ��
City Manager . �
By: Z3 Z 3
Signature D te
���� �����
Printed Name
. ��
�r���u- �►.�
Title
VENDOR ACKNOWLEDGEMENT OF
ATTACHED SPECIAL CONDITIONS:
By:
Signature Date
Printed Name
Title
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The followin 5 ecial Conditions shall a I to this Pro�ect:
INSURANCE SCHEDULE G
REV. 07/18
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