Signed Contract(s)_Vendor Service Agreement with Graymont Western LimeCopyrighted
May 3, 2021
City of Dubuque Consent Items # 12.
City Council Meeting
ITEM TITLE: Signed Contract(s)
SUMMARY: Vendor Service Agreement with Graymont Western Lime for Eagle Point
Water Plant High Calcium Quicklime.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
/_NaL[a:ILy,121zk IM
Description Type
Vendor Service Agreement with Graymont Western Supporting Documentation
Lime
THE CITY OF
DUB
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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) 589-4291
THIS VENDOR SERVICE AGREEMENT (the Contract), 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
endor) of the City of
(Vendor Name)
215_N. Main St, Suite #200, West Bend, WI 53095
(Vendor Address - City and State)
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 eauioment and to perform all labor necessary for (the Work
The supply delivery, and testing of HIGH CALCIUM QUICKLME to the City of Dubuque
EAGLE POINT WATER PLANT
The work described above shall be completed at the following location(ss):
EAGLE POINT WATER PLANT
The Work 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 dated
March 19, 2021 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 8
2. Contract Documents shall mean and include the following: This Contract and its RFP; all
ordinances and resolutions heretofore adopted by the City Council having to do with this Work;
the Vendor's Proposal; and any, Specifications and General Requirements as adopted by the
City Council for the Work which are listed in the Special Conditions section of this Contract.
3. All materials used by the Vendor on this Work 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, and or,
be subject to Discount — 10% as described in the RFP.
5. The Vendor has read and understands the Contract Documents and has examined and
understands the Work 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 2021 through June 30 2022. 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 the 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 Work 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,
Page 2of8
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 insure that in any contract entered into pursuant to this advertisement, minority
business enterprises will be afforded fully 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 agreed to work performed under this Contract, and the acceptance of the work by
the City Manager, the City agrees to pay the Vendor as stipulated in the contract documents for
complete performance of this Contract, at the prices stated in the Vendor's Proposal in these
Contract Documents. The work as stated in the Contract Documents is approximate only, and the
actual payment shall be made for the actual work completed, measured, and invoiced.
PRICE PER TON OF HIGH CALCIUM QUICKLIME: $ 148.00/TON
CITY OF DUBUQUE, IOWA
By- kL Aa-Ac2,
Mi hael C. Van Milligen
City Manager
VENDOR:
4/20/2021 Graymont Western Lime
Date
Company Name
Signature
/?/J-(t �j All Z
Printed Name
Title
VENDOR ACKNOWLEDGEMENT OF
ATTACHED SPECIAL CONDITIONS:
By: aj a'-1— � bc ldcv
Signature Date
0(ti- &4 11 t-
Printed Name
Title
M
D to
Page 3 of 8
REV. 07118
Page 4 of 8
SPECIAL CONDTITION NO. 1
INSURANCE SCHEDULE G — SPECIMEN
Graymont Western Lime 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".
2. All policies of insurance required hereunder shall be 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 vendor shall be required to carry the minimum coverage/limits, or greater if required by
the 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 Finance Director. The vendor 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 form 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.
Page 5of8
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 and occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG0001 or business
owners forms BP0002. All deviations from the standard ISO commercial general
liability form CG0001, or Business owners form BP0002, shall be clearly
identified.
2) Include ISO endorsement form CG2504 "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 CG2010
(Ongoing operations) or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others endorsement.
7) If vendor utilizes Trikkes or Segways in the conduct of business, include an
endorsement reflecting that these vehicles are not excluded from Commercial
General Liability coverage.
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 as amended.
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 other endorsement.
Page 6 of 8
Nonelection of Worker's Compensation or Employer's Liability Coverage under Iowa Code
sec.87.22
_yes form attached
C) ENVIRONMENTAL IMPAIRMENT LIBILITY OR 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.
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 CG2010. (Ongoing operations) as stated in A (6) above
or its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
D) PROFESSIONAL LIBILITY $1,000,000
Coverage required: yes X no
Provide evidence of coverage for 5 ears after completion of project.
E)
CYPER LIABILITY
$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
X yes no
Umbrella/excess liability coverage must be at least following form with the underlying policies
included herein.
Page 7 of 8
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
Nonwaiver of Governmental Immuni . 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 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 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.
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 8 of 8
Year
2021
Date of your memo*
4/19/2021
From 'r
Deb Searles
Email
Dsearles@cityofdubuque.org
Department*
Water
Subject*
Annual Eagle Point Water Plant High Calcium Quicklime
Same as subject line on your memo
Comments
Please send to Deb Searles when complete
Attach Memo
Graymont Western Lime Award Memo 4-11-2021
98.64KB
dihrig.docx
All attachments should be in Word format (PREFFERED) or PDF format
Action on Memo
Tody's Date
4/20/2021
Today's Time
08:13:44 PM
City Manager's
Approved
Action'
:i Deny
-.: Requests a Meeting
Memo Read/Received by City Manager
- Questions/Directions/Changes
Delay Reminder to MVM for Number of Days
City Manager Notes
4/19/2021
to Deb Searles