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Signed Contract_Vendor Service Agreement with Morton Salt Inc. for Public Works Ice Control Road SaltCity of Dubuque City Council Meeting Consent Items # 22. Copyrighted July 19, 2021 ITEM TITLE: Signed Contract(s) SUMMARY: American Queen Steamboat Company Inc. for Docking Agreement at the Port of Dubuque -American Trust River's Edge Plaza; Celebration Belle for Docking Agreement at Port of Dubuque - Alliant Plaza Docking Facility; Robin Dodd for management of Miller Riverview Park and Campground and Dubuque Water Sports Club; Morton Salt, Inc for Public Works Ice Control Road Salt; WHKS & Co. for the Burlington and National Water Main Replacement Project 2021. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type Docking Agreement for American Trust River's Edge Plaza Docking Agreement for Alliant Plaza Docking Facility Miller Riverview Park and Campground and Dubuque Water Sports Club Burlington and National Water Main Replacement Project 2021 Public Works Ice Control Road Salt Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation THE CITY OF DUB E Mi Masterpiece on the ssissippi June 18, 2021 Morton International, Inc. Morton Salt Division Anthony T. Patton 444 West Lake Street, Suite 3000 Chicago, IL 60606 Dear Mr. Patton: Dubuque Public Works Department 925 Kerper Court nF� Dubuque, IA 52001 I I Office (563) 589-4250 I I I I Fax (563) 589-4252 TTY (563) 5894193 2007-2012-2013 pub]icworks@cityofdubuque.org 2017*2019 www.cityofdubuque.org NOTICE OF AWARD This letter is in regard to the bids received by the City of Dubuque on June 10, 2021 for Project No. 21-22-00: Road Deicer Salt for the City of Dubuque and its purchase partners' needs for the 2021-2022 winter season. The total tonnage of 6,000 tons is based on full barge loads. Any added tonnage in excess of 1,500 tons per barge will be purchased by the City of Dubuque to provide maximum tonnage per barge. The bid results are as follows: Cargill, Inc. I No Bid Champion Salt, LLC 60.99 Compass Minerals America, Inc 62.95 Morton Salt, Inc 60.85 Your firm has been awarded the purchase contract for the 2021-2022 winter season. Sign and return the attached contract in triplicate with original signatures. Once the City of Dubuque has signed, we will return one original copy to Morton Salt, Inc. for your records. Bid Performance Bond is due within 10 working days of this Notice of Award. Please contact Arielle Swift, Assistant Public Works Director at your earliest convenience by e- mail at aswift(d)citvofdubuoue.org with your contact and shipping information. Sincerely, I Arielle Swift Assistant Public Works Director Public Works Department City of Dubuque THE CITY OF DUB E Masterpiece on the Mississippi Dubuque kyttyl uFuwlaan 2007.2012.2013 2017*2019 CITY OF DUBUQUE, IOWA SHORTFORM VENDOR SERVICE AGREEMENT Public Works Department 925 Kerper Court Dubuque, IA 52001 Office (563) 589-4250 Fax(563) 5894257 TfY (563) 589-4193 publicworks(aicltyofdubuque.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 Morton Salt. Inc (Vendor) of the City of (Vendor Name) (Vendor Address - City and State) PROJECT TITLE: Public Works Ice Control Road Salt :: Project 21 — 22 — 00 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): Project # 21-22-00: Road Deicer Salt (+/- 6,000 tons :: 4 barges) No more than 2 barges per week The successful Bidder shall, within (10) calendar days after the date of the 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 by barge to the City of Dubuque's Purina Drive barge terminal facility. This facility is located between mile markers 580 and 581 in the Citv of Dubuoue. 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 Iowa 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. 2021. (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 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 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 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 $ 365,100.00 THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 10% OF THE ABOVE LISTED ESTIMATED AMOUNT CITY OF DUBUQUE, IOV1�A By: �c�l L L( Michael C. Van Milligen Date City Manager VA =1 0119191 ;A Morton Salt. Inc Company Name By. t� —raeA —1-610g l6,Z� Sign t re Date Ant ny T. Patton Printed Name Director, Bulk Deicing US Government Sales Title VENDOR ACKNOWLEDGEMENT OF ATTACHED SPECIAL CONDIT ONS:�, By.��!` l Signat k Date T. Patton Name Director, Bulk Deicing US Government Sales Title Page 3 of 4 IlIF7 io mIs PERFORMANCE BONDS 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 ANY SURETY COMPANY SHALL BE ATTACHED TO SUCH BOND. Page 4 of 4