HomeMy WebLinkAboutNUTRIEN AG SOLUTIONS INC - CONTRACT - RFP - 9377 TURF FERTILIZER, CHEMICALS & ASSOCIATED SERVIOfficial Purchasing Document
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Services Agreement
RFP 9377 Turf Fertilizer, Chemicals & Associated Services Page 1 of 10
SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and NUTRIEN AG SOLUTIONS, INC., hereinafter referred to as "Service
Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance with the
scope of services attached hereto as Exhibit A, consisting of two (2) page(s) and incorporated
herein by this reference.
2. Contract Period. This Agreement shall commence up mutual execution by all parties and
shall continue in full force and effect until September 30, 2023, unless sooner terminated as
herein provided. In addition, at the option of the City, the Agreement may be extended for
additional one year periods not to exceed three (3) additional one year periods. Renewals
and pricing changes shall be negotiated by and agreed to by both parties only at the time of
renewal. Written notice of renewal shall be provided to the Service Provider and mailed no
later than thirty (30) days prior to contract end.
3. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence, then
the party so prevented shall be excused from whatever performance is prevented by such
cause. To the extent that the performance is actually prevented, the Service Provider must
provide written notice to the City of such condition within ten (10) days from the onset of such
condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City
may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least ten (10) days prior
to the termination date contained in said notice unless otherwise agreed in writing by the
parties. All notices provided under this Agreement shall be effective immediately when
emailed or three business days from the date of the notice when mailed to the following
addresses:
Service Provider: City: Copy to:
Nutrien Ag Solutions, Inc.
Attn: Robert Gonzales
240 22nd Street
Greeley, CO 80631
robert.gonzales@nutrien.com
City of Fort Collins
Attn: Randy Conard
PO Box 580
Fort Collins, CO 80522
rconard@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
DocuSign Envelope ID: 84028405-80B7-4ED2-AF51-104B4257557C
Official Purchasing Document
Last updated 10/27/2021
Services Agreement
RFP 9377 Turf Fertilizer, Chemicals & Associated Services Page 2 of 10
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Service Provider shall submit a final invoice
within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net
30 days of the date of the invoice. Such payment shall be the Service Provider's sole right
and remedy for such termination.
5. Compensation. The City shall pay the Service Provider for the performance of this Contract,
subject to additions and deletions provided herein, as per the attached Exhibit B, consisting
of one (1) page, and incorporated herein by this reference.
Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The
cost of the work completed shall be paid to the Service Provider following the submittal of a
correct itemized invoice by the Service Provider. The City is exempt from sales and use
tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license
is available upon written request.
The City pays invoices on Net 30 days from the date of the invoice.
6. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal
year debt or financial obligation of the City, it shall be subject to annual appropriation by City
Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8 -186,
and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to
continue this Agreement in any fiscal year for which no such supporting appropriation has
been made.
7. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All requests
concerning this agreement shall be directed to the City Representative.
8. Independent Service Provider. The services to be performed by Service Provider are those
of an independent service provider and not of an employee of the City. The City shall not be
responsible for withholding any portion of Service Provider's compensation hereunder for the
payment of FICA, Workmen's Compensation or other taxes or benefits or for any other
purpose.
9. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit
A, Statement of Work without the prior written consent of the City, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
performing identical or substantially similar work, (b) the subcontractor will be required to
comply with all applicable terms of this Agreement, (c) the subcontract will not create any
contractual relationship between any such subcontractor and the City, nor will it obligate the
City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor
DocuSign Envelope ID: 84028405-80B7-4ED2-AF51-104B4257557C
Official Purchasing Document
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Services Agreement
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will be subject to inspection by the City to the same extent as the work of the Service Provider.
Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely
responsible for performance of all duties hereunder.
10. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights or benefits provided to the
City under this Agreement or cause of action arising out of performance of this Agreement .
12. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work
of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
13. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default thereof.
14. Remedies. In the event a party has been declared in default, such defaulting party shall be
allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and
seek damages; (b) treat the Agreement as continuing and require specific performance; or (c)
avail themselves of any other remedy at law or equity. If the non-defaulting party commences
legal or equitable actions against the defaulting party, the defaulting party shall be liable to
the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs
incurred because of the default.
15. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This
Agreement, along with all Exhibits and other documents incorporated herein, shall constitute
the entire Agreement of the parties regarding this transaction and shall be binding upon said
parties, their officers, employees, agents and assigns and shall inure to the benefit of the
respective survivors, heirs, personal representatives, successors and assigns of said
parties. Covenants or representations not contained in this Agreement shall not be binding
on the parties. In the event of a conflict between terms of the Agreement and any exhibit or
attachment, the terms of the Agreement shall prevail. Each person executing this Agreement
affirms that they have the necessary authority to sign on behalf of their respective party and
DocuSign Envelope ID: 84028405-80B7-4ED2-AF51-104B4257557C
Official Purchasing Document
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Services Agreement
RFP 9377 Turf Fertilizer, Chemicals & Associated Services Page 4 of 10
to bind such party to the terms of this Agreement.
16. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents
and employees against and from any and all actions, suits, claims, demands or liability of
any character whatsoever brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection with
the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit C, consisting
of one (1) page, attached hereto, and incorporated herein by this reference. The Service
Provider before commencing services hereunder, shall deliver to the City's Purchasing
Director, purchasing@fcgov.com or P. O. Box 580, Fort Collins, Colorado 80522, one copy
of a certificate evidencing the insurance coverage required from an insurance company
acceptable to the City.
17. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution, and enforcement of this Agreement. The Parties further agree that
Larimer County District Court is the proper venue for all disputes. If the City subsequently
agrees in writing that the matter may be heard in federal court, venue will be in Denver District
Court. In the event any provision of this Agreement shall be held invalid or unenforceable by
any court of competent jurisdiction, such holding shall not invalidate or render unenforceable
any other provision of this Agreement.
18. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of
Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the
Regulations, affirmatively ensures that for all contracts entered into with the City,
disadvantaged business enterprises are afforded a full and fair opportunity to bid on the
contract and are not to be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless
of gender identity or gender expression), race, color, religion, creed, national origin, ancestry,
age 40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and
bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including
sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who
engages in protected activity. Protected activity includes an employee complaining that he or
she has been discriminated against in violation of the above policy or participating in an
employment discrimination proceeding.
DocuSign Envelope ID: 84028405-80B7-4ED2-AF51-104B4257557C
Official Purchasing Document
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Services Agreement
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The City requires its vendors to comply with the City’s policy for equal employment opportunity
and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies
to all third-party vendors and their subcontractors at every tier.
19. Governmental Immunity Act. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the notices, requirements, immunities,
rights, benefits, protections, limitations of liability, and other provisions of the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law.
20. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado
Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to
CORA.
[Signature Page Follows]
DocuSign Envelope ID: 84028405-80B7-4ED2-AF51-104B4257557C
Official Purchasing Document
Last updated 10/27/2021
Services Agreement
RFP 9377 Turf Fertilizer, Chemicals & Associated Services Page 6 of 10
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
NUTRIEN AG SERVICES, INC.
By:
Printed:
Title:
Date:
DocuSign Envelope ID: 84028405-80B7-4ED2-AF51-104B4257557C
9/23/2022
Colorado Turf Manager
Robert Gonzales
Assistant City Attorney
9/26/2022
City Clerk
Official Purchasing Document
Last updated 10/27/2021
Services Agreement
RFP 9377 Turf Fertilizer, Chemicals & Associated Services Page 7 of 10
EXHIBIT A
SCOPE OF SERVICES
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is engaging the Service Provider to provide turf fertilizer and other
chemicals for the City’s parks and golf courses. Service Provider will also provide ancillary
services including, but not limited to product application at some City locations and storage
of inventoried product.
The City has identified the Service Provider as it’s primary source for approximately 86%
of its fertilizer and chemical needs. Some products needed by the City may be sourced
from other Service Providers identified in the Request for Proposal process based on
lower pricing and/or product availability.
II. SCOPE OF SERVICES
A. Scope of Work
The City annually procures a variety of turf fertilizers and assorted chemicals to aid in the
maintenance of the City’s parks and golf courses. A list of products is set forth in Exhibit
B.
The Service Provider will also provide the following services under this Agreement:
Bulk spreading. Golf courses, parks, and sports complexes may need this service.
Service must include fertilizer delivery, trash cleanup, and bagging of unused product
into 50-pound bags. This service will be provided at a rate of $14/acre and completed
by the Service Provider’s subcontractor as requested by the City.
Shipping/Delivery. Service Provider will not charge the City shipping/delivery costs
for any product order greater than $500.
Storage of product with a guaranteed timeframe for delivery. Service Provider
will store all of the City’s product orders per season in its Greeley warehouse.
Products will be delivered in the volume requested per location at the City’s direction.
Service Provider is capable and willing to provide delivery within a short timefram e,
such as next day or sometimes same day.
Laboratory testing and consultation. Service Provider will include 40 basic soil
samples and 10 water samples through Mid-West labs at no additional charge to the
City for the initial term of this Agreement. This offering will be included in any
subsequent renewal terms.
Education and training. Service Provider will provide a yearly training and provide 4
Department of Agriculture credits to be determined by need for the employees of the
City at no additional charge to the City. In conjunction with this education day, Service
Provider will also bring in the major manufactures (Syngenta, Bayer, NuFarm, Corteva,
etc.) and the Loveland Products portfolio manager to provide additional training on
new and upcoming products that could benefit the City.
Early Order Program Benefits. Service Provider supports all the major manufactures
Early Order Programs from Syngenta, Bayer, BASF, SePro, Corteva, NuFarm, PBI
Gordon, Aquatrols, etc along with our internal EOP (Attached). This allows extended
DocuSign Envelope ID: 84028405-80B7-4ED2-AF51-104B4257557C
Official Purchasing Document
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Services Agreement
RFP 9377 Turf Fertilizer, Chemicals & Associated Services Page 8 of 10
terms on purchases and the ability of take advantage of all rebate opportunities
provided from these manufactures and lock in current pricing.
Misc. Service Provider also offers the ability to custom blend any granular fertilizers
with a minimum of 4 tons at a cost-plus model of cost plus 16%. This option is available
for Service Provider’s standard fertilizer blends as well that were not included on the
product list in the RFP. Service Provider also has the ability to custom blend any liquid
products for fertigation for the golf or parks department.
B. Fees, Licenses, Permits
The Service Provider shall be responsible for obtaining any necessary licenses, fees or
permits without additional expense to the City. All vehicles and equipment shall be
properly licensed and insured, carry the appropriate permits and be placarded as required
by law.
C. Laws and Regulations
The Service Provider agrees to comply fully with all applicable local, State of Colorado
and Federal laws and regulations and municipal ordinances to include American
Disabilities Act (ADA).
D. COVID-19 Compliance
The Service Provider and its subcontractors/consultants shall comply with all state,
county, and local laws, ordinances, and public health orders established to reduce the
spread of COVID-19, as applicable.
DocuSign Envelope ID: 84028405-80B7-4ED2-AF51-104B4257557C
Official Purchasing Document
Last updated 10/27/2021
Services Agreement
RFP 9377 Turf Fertilizer, Chemicals & Associated Services Page 9 of 10
EXHIBIT B
PRICING SCHEDULE
A products will be sold at a cost plus sixteen percent (16%) model and includes custom
fertilizer and all other chemicals. Some agency and stewardship prices are set by the
manufacturers and will be sold at their appointed prices. Given on-going volatility in the fertilizer
market, prices frequently change. Service Provider will provide monthly pricing updates to all
using departments throughout the term of this Agreement.
The volumes listed in the following schedule are based on historical usage and represent the
City’s best estimate for the next 12 months for pricing purposes. These volumes are not
guaranteed and may increase or decrease based on the City’s actual need.
ITEM
PRODUCT NAME
(HIGHLIGHTED
CELLS ONLY)
UNIT OF
MEASURE
APPROX.
QUANTITY UNIT PRICE TOTAL PRICE
GRANULAR PRODUCTS
43-0-0 w/ 2% Fe. 180 day (lbs)43-00-00, 100% PCU LBS 83,000.0 $0.84 69,554.00$
43-0-0 (180 day release) or Umaxx 46-0-0 SGN<260. (lbs)46-00-00, 100% UmaxxLBS 18,100.0 $0.79 14,255.56$
34-0-7 Umaxx, SOP, Fe sucrate (or equivalent) (lbs)36-00-07 LBS 9,500.0 $0.71 6,729.80$
Greens granular SGN <100. (approx. 1:1 N:K) (lbs)13-02-13, Greens LBS 2,200.0 $0.67 1,477.08$
25-5-10 w/Umaxx & Uflexx or comparable (lbs)26-05-13 LBS 15,000.0 $0.60 9,033.00$
20-5-10 Uflexx (or equivalent) (lbs)25-0-10, Uflexx LBS 5,050.0 $0.52 2,641.15$
23-0-4+3% Fe (or equivalent) (lbs)25-0-10, Uflexx LBS 4,400.0 $0.52 2,301.20$
Wil-Gro Pro Balance 16-16-16 (or equivalent) (lbs)14-14-14 LBS 1,580.0 $0.53 834.24$
Wil-Gro 32-0-7+ 2% Fe (or equivalent) (lbs)32-05-07 LBS 5,200.0 $0.54 2,832.96$
Soluble 26-8-16 (or equivalent) (lbs)28-08-18 LBS 800.0 $1.49 1,193.92$
Soluble 20-20-20 (or equivalent) (lbs)20-20-20 LBS 250.0 $1.60 400.00$
PESTICIDES/PGRs
Instrata (gal)GAL 30.0 $142.16 4,264.80$
Thiophanate-methyl (gal)Talaris 4.5 F GAL 25.0 $38.75 968.75$
Velista /Briskway Action Multi GAL 2.0 $2,379.00 4,758.00$
Carfentrazone-ethyl (oz)Quicksilver OZ 96.0 $20.63 1,980.00$
Daconil Action (gal)GAL 20.0 $83.46 1,669.20$
Ethephon (gal)Proxy GAL 17.5 $38.50 673.75$
2,4-D, Triclopyr, Dicamba, Pyraflufen-ethyl (gal)4-Speed XT GAL 5.0 $95.00 475.00$
Trinexapac-ethyl (oz)Primo Maxx OZ 128.0 $2.33 298.70$
Fluroxypyr, triclopyr, 2,4-D (gal)SurePower GAL 2.5 $81.00 202.50$
Fluazifop-P-butyl (qt)Fusilade II QT 1.0 $85.00 85.00$
Tordon RTU (qt)Tordon RTU QT 2.0 $14.00 28.00$
Imidacloprid .5g Systemic (lbs)Merit .5 G LBS 30.0 $1.00 30.00$
Neem Oil RTU (fl oz)Neemix OZ 384.0 $5.47 2,100.00$
Fluroxypyr (gal)Vista XRT GAL 5.0 $200.00 1,000.00$
2,4-D ester, mecoprop, dicamba, carfentrazone-ethyl (gal)Speedzone EW GAL 2.5 $86.95 217.38$
Dicamba (gal)Rifle GAL 2.5 $60.00 150.00$
SURFACTANTS
Tank acidifier,sticker (gal)LI-700 GAL 10.0 $28.00 280.00$
Aquiflo Plus or equivalent (gal)Mizer GAL 70.0 $22.00 1,540.00$
Activator & Crop Oil (gal)Activator 90 GAL 7.5 $22.00 165.00$
Drift, deposition, water conditioner w/(NH4)2SO4 (gal)LI-700 GAL 5.0 $28.00 140.00$
SEED
007 bentgrass (or blend w/ 007) (lbs)007 - Straight LBS 400.0 $11.00 4,400.00$
Chewings and creeping red fescue (lbs)Sig Links - 3 way LBS 200.0 $2.50 500.00$
Kentucky bluegrass (lbs)Sig Elite - 4 way LBS 100.0 $2.75 275.00$
DocuSign Envelope ID: 84028405-80B7-4ED2-AF51-104B4257557C
Official Purchasing Document
Last updated 10/27/2021
Services Agreement
RFP 9377 Turf Fertilizer, Chemicals & Associated Services Page 10 of 10
EXHIBIT C
INSURANCE REQUIREMENTS
The Service Provider will provide, from insurance companies acceptable to the City, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the
Service Provider shall furnish the City with certificates of insurance showing the type, amount,
class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Service Provider, such insurance as the City may
deem proper and may deduct the cost of such insurance from any monies which may be due or
become due the Service Provider under this Agreement.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The City, its officers, agents and employees shall be named as additional insureds on the Service
Provider 's general liability and automobile liability insurance policies by marking the appropriate
box or adding a statement to this effect on the certificate, for any claims arising out of work
performed under this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during
the life of this Agreement for all of the Service Provider's employees engaged in work
performed under this agreement. Workers' Compensation & Employer’s Liability insurance
shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate,
and $100,000 disease each employee, or as required by Colorado law.
B. General Liability. The Service Provider shall maintain during the life of this Agreement
such General Liability as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this Agreement. Coverage for
property damage shall be on a "broad form" basis. The amount of insurance for General
Liability, shall not be less than $1,000,000 combined single limits for bodily injury and
property damage.
C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement
such Automobile Liability insurance as will provide coverage for damage claims of
personal injury, including accidental death, as well as for claims for property damage,
which may arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of insurance
for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily
injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible
for any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
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DocuSign Envelope ID: 84028405-80B7-4ED2-AF51-104B4257557C