Signed Contracts_Executed Contract Salt Copyrighted
October 2, 2023
City of Dubuque Consent Items # 011.
City Council Meeting
ITEM TITLE: Signed Contracts
SUMMARY: Compass Minerals America, Inc. for Ice Control Road Salt Project 5400-
23-24; Q Casino for Parking License Agreement; Tschiggfrie Excavating
for Burlington Street Water Main Improvement Project 2023
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Executed_Contract Salt Supporting Documentation
Q and City Parking License Agreement Supporting Documentation
Burlington Street Water Main Improvement Project Supporting Documentation
2023-MVM SIGNED-TSCHIGGFRIE
Public Works Department
Dubuque 925 Kerper Court
THE CITY OF � Dubuque,IA 52001
�d��p� Office(563)589-4250
D�� L �� �� Fax(563)589-4252
�� TTY(563)589-4193
2007�2012�2013 p u bl icworks!ic;c ityofd u buq ue-or�
MRStC'1�2eCe OYl fjlL'MISSISSl�'Ipl 2017*2019 www.citvofdubuque.ors
CITY OF DUBUQUE, IOWA
SHORT FORM
VENDOR SERVICE AGREEMENT
THIS VENDOR SERVICE AGREEMENT (the Contract), made in triplicate, between the City
of Dubuque, lowa (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 5400-23-24
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 necessa for (the Project):
Project# 5400-23-24 : Road Deicer Salt (+/- 9,000 tons @ bid amount of$66.96 per ton)
No more than 2 barges per 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 barge
terminal facility. This facility is located between mile markers 580 and 581 in the City of
Dubuque, 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 lowa 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.
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 Vendor shall fully complete the Project under this Contract on or before
November 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, but not incluc�ing 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
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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 $ 602,640.00
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF �� % OF THE ABOVE
LISTED ESTIMATED AMOUNT
CITY OF DUBUQUE, IOWA VENDOR:
gy: � 06/22/2023 �,;�r'1��.�� 1"��'��������a> i��,'a�:. �f,� .
M chael C. Van Milligen Date pany a „_..__
City Manager � � ,,,�.�'�
BY: � =�i�,..��L�--� � C �3
,��Si�nat re _ D te
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rinted Name
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Title
VENDOR ACKNOWLEDGEMENT OF
ATTA SP�I L NDITIONS:
By: � �i���
gnat =re � D te
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The followin Special Conditions shall appl to this Pro�ect:
PERFORMANCE BOND FAILURE TO SPECIFY OR PARTICULARIZE SHALL NOT EXCLUDE
TERMS OR PROVISIONS NOT MENTIONED AND SHALL NOT LIMIT LIABILITY AS WRITTEN
IN ATTACHMENT D: BONDS WITHIN THE REQUEST FOR BIDS DOCUMENT.
THE POWER OF ATTORNEY FOR THE PERSON WHO SIGNS FOR SURETY COMPANY
SHALL BE ATTACHE TO SUCH BOND.
REV. 07/18
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