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HomeMy WebLinkAbout109447 INDEPENDENT SALT COMPANY - CONTRACT - BID - 5714 02-117 MAPO ROAD SALT ANNUALSERVICES 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 Independent Salt Company, 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 four (4) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence upon signing and shall continue in full force and effect until July 1, 2003, 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 two (2) additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) 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 fifteen (15) days from the onset of such condition. SA 10/01 1 EXHIBIT B 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, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." 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. 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 for any claims arising out of work performed under this Agreement. 2. 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 insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and 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 each coverage, Commercial General and Vehicle, shall not be less than $500,000 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. SA 10/01 EXHIBIT C VIIII. BID FORM 2001-2002 ROAD SALT 1. Company Name: Independent _ Salt Compan 2. Telephone Number: 800-472-7258 3. Location of Salt Supplier: Kanopolis, Kansas 4. Maximum Hauling Capacity (see Special Condition No. 10) 20,000 Tons 5. Price of Additives: Sodium Chloride Non -Caking, Yellow Prussiate of Soda N/C /Ton BIDS MUST BE PREPARED ON THE FORMS PROVIDED HEREIN. 2001-2002 ROAD SALT AGENCY CONTACT DELIVERY TONS BULK Additives Price INVOICE PHONE # LOCATION/ GRADE per Ton ADDRESS WHO UNLOADS/SP ECIAL EQUIPMENT ADAMS DAVE SALT DOME AP RX BULK 1 NON $29.17 /T COUNTY 4955 SCHMIDTLIN 8080 DAHLIA 5000 CAKING E. 74TH AVE E 303-853- ST. COMMERCE 7140 COMMERCE CITY CO 80022 CITY ATTN:ELLEN CARRIER MUST UNLOAD ARAPAHOE MONTY 7600 S APRX 200 BULK 1 $22/T COUNTY ROAD SEDLAK PEORIA ST AND BRIDGE 303-792-5018 ENGLEWOOD 7600 S. PEORIA CO LOCAL ST. GOVT ASSIST ENGLEWOOD CO 80112 CITY OF BRUSH ROW 118 CARSON, APRX 30 BULK 1 kG,_9_Q/T PO 363 BRUSH PENNELL BRUSH, CO CO 80723 970-842-5001 LOCAL GVT ASSIST END DUMPS CITY OF RON REAVIS CITY OF FIRM BULK 1 NON $31.22 /T GOLDEN 303-384-8155 GOLDEN 200 CAKING 145 10TH ST, SHOPS, 1400 GOLDEN CO 9TH ST, 80401 ATTN: GOLDEN, CO PUBLIC WORKS 80401 CARRIER MUST UNLOAD END OR BELLY DUMPS CITY OF KIM QUANTE 15740E 32ND APRX BULK 1 NON- $ 0.54 /T AURORA 303-326-8200 AVE & 14303 E 4000 CAKING STREET HAMPDEN TOTAL DIVISION 15740 AURORA, CO 2000 E 32ND AVE, CARRIER EACH AURORA, CO MUST LOCATIO 80011 UNLOAD N CITY OF SAM 8625 ULSTER, APRX BULK 1 NOW $Zl B-8 /T COMMERCE HOOVER COMMERCE 300 CAKING CITY STREET 303-284-8146 CITY, CO MAINTENANCE LEONARD LOCAL GVT PO BOX 40, DIETZ 303 ASSIST COMMERCE 284-8147 CITY, CO 80022 FRED LIMMEL 303- 289-8153 CITY OF DAVE 6161 OLDE APRX BULK 1 NON- $ao._/T ARVADA KOTECKI WADSWORTH 1500 CAKING STREET 303-431-3041 BLVD DIVISION, PO ARVADA, CO 8101, ARVADA, CARRIER CO 80001-8101 MUST UNLOAD CITY OF FT. STAN 625 9TH ST. APRX BULK 1 NON- $34.39/T COLLINS WELSCH FT. COLLINS, 2500 CAKING STREET 970-416-2091 CO LOCAL DEPARTMENT 970-221-6615 GVT ASSIST 625 9TH ST PO END OR 580, FT. BELLY DUMPS COLLINS, CO OR RAIL 80522-0580 CITY OF BRIGHTON BOB YOUNGER 401 APRX 100 BULK 1 NOW $31. 44 /T LONGSPEAK 22 SOUTH 4TH OR SHARON CAKING STREET, AVENUE WILLIAMS BRIGHTON, BRIGHTON, CO 303-655-2088 CO 80601 80601 CARRIER ATTN:PROCURE MUST MENT SUITE UNLOAD END 106 DUMPS CITY OF LOVELAND 105 DANNY ROBINETT 975 N MADISON AVE APRX 200 BULK 1 NOW W 5TH ST, 970-962-2531 LOVELAND CO CAKING LOVELAND, CO CARRIER 80537 MUST UNLOAD END OR BELLY DUMPS CITY OF NORTHGLENN TERRY 12323 CLAUDE APRX 200 BULK 1 NOW $31 CORDOVA CT CAKING ?�/T 11701 303-450-4002 NORTHGLENN COMMUNITY CO CARRIER CENTER DR. MUST NORTHGLENN UNLOAD END CO 80233 DUMPS EL PASO COUNTY DOT HARRY BAKER 3460 N. MARKSHEFFE APRX 3000 BULK 1 NON- $ 38.68/1 3460 N. 719-520-6865 L RD. CAKING MARKSHEFFEL COLORADO RD, SPRINGS, CO COLORADO CARRIER SPRINGS, CO MUST 80922 UNLOAD WITH END OR BELLY JEFFERSON JOHNNIE 21401 APRX BULK 1 NON- $30.6OfT COUNTY, 21401 MAY 303- GOLDEN 3500 CAKING GOLDEN GATE 271-5233 GATE CANYON RD, CANYON GOLDEN CO ROAD, 80403 GOLDEN, CO. 80403 CARRIER MUST UNLOAD END DUMPS Performance Bond Allied Insurance a member of Nationwide Insurance BOND NO. BD 660745 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Independent Salt Company P 0 Box 36 Kanopolis, KS 67454 OWNER (Name and Address): City of Fort Collins Administrative Services Purchasing Division P 0 Box 580 Fort Collins, CO 80522-0580 CONSTRUCTION CONTRACT Date: January 16, 2003 Amount: $85, 975.00 Description (Name and Location): 2500 tons rock salt BOND Date (Not earlier than Construction Contract Date) Amount: $85,975.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL (Corporate Seal) Company: Independent Salt Company SURETY(Name and Principal Place of Business): NATIONWIDE MUTUAL INSURANCE COMPANY Bond Department 701 5TH AVE. DES MOINES, IA 50391-2006 (515) 280-4831 May 12, 2003 Signature: Name and Title: S.K. Olson — VP Distribution (Any additional signatures appear on page 3) (FOR INFORMATION ONLY --Name, Address and Telephone) AGENT or BROKER: Insurors and Investors, Inc. P 0 Box 1213 Salina, KS 67402-1213 ® None ❑ See Pad,@ 3iw, tt SURETY w``2 pt3P,�taI a�\� 4 Company: Nationwide Mutual lnstitnee Cgrnpany Signaturei0a : Name and Title: Brenda R...3tftitk". ttd' m PaC1 Attorney in-Fay:'f4+v OWNER'S REPRESENTATIVE (Architect, Engineer or other party): rrinteo in cooperation with the American Institute of Architects (AIA) by Nationwide Mutual Insurance Company. Nationwide Mutual Insurance Company vouches that the language in this document conforms exactly to the language used in AIA Document A 312, December, 1984 Edition, Third Printing, March, 1987. tso 4tw (0/-99) 00 A312-1984 1 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. rsa 4ou lui-aaluu A312-1984 2 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable to the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms therof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal) Company: (Corporate Seal) Company: Signature: _ Name and Title: Address: Signature: _ Name and Title: Address: Bd 480 (07-99) 00 A312-1984 3 170385 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT Nationwide Mutual Insurance Company, a corporation organized under the laws of the State of Ohio, with its principal office in the City of Columbus, Ohio, hereinafter called "Company", does hereby make, constitute and appoint JAMES D. WILSON PHILIP C. KRUG BRENDA R. SMITH JOHN C. LOHMEYER W. ROGER GARRETT ROBERTA K. BLAIR KRISTY L. BALTHAZOR RONALD L. DUPY SHERI A. EPPENBACH MARK A. SKIDMORE SALINA KS each in their individual capacity, its true and lawful Attorney -In -Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature in penalties not exceeding the sum of TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS $ 2,500,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company. "RESOLVED, that the President, or any Senior Vice President, Resident Vice President or Second Vice President by, and the same hereby is, authorized and empowered to appoint Attorneys -In -Fact of the Company and to authorized them to execute any and all bonds, undertakings, recognizances, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature which the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority. The authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such Attorneys -In -Fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company, subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto, provided, however, that said seal shall not be necessary for the validity of any such documents." This Power of Attorney is signed and sealed by facsimile under and by the following By -Laws duly adopted by the Board of Directors of the Company. ARTICLE VIII "Section 10. Execution of instruments . Any Vice President and any Assistant Secretary or Assistant Treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts or other papers in connection with the operation of the business of the company in addition to the Chairman and Chief Executive Officer, President, Treasurer and Secretary; provided, however, the signature of any of them may be printed, engraved or stamped on any approved document, contract, instrument or other papers of the Company. IN WITNESS WHEREOF, the said Nationwide Mutual Insurance Company has caused this instrument to be sealed and duly attested by the signature of its Vice President the 28th day of April, 1999. 44WRLA1 ACKNOWLEDGMENTZ�'•. �� By; ilp-MAeRf STATE OF IOWA '.•.•�•AV- Vice Presrnt COUNTY OF POLK SS i On this 28th day of April, 1999, before me came the above named Vice President for Nationwide Mutual Insurance Company, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed thereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. ~t twr O MaMh24•2= Notary Public My Commission expires March 24, 2002 CERTIFICATE I, John F. Delaloye, Assistant Secretary of Nationwide Mutual Insurance Company, do hereby certify tha Resolution included herein is a true and correct transcript from the minutes of the meeting of the Board of Directors called and held on the 6th day of September, 1967, and the same has not been revoked or amended in any manner; that Stephen S. Rasmussen was on the date of the execution of the foregoing Power of Attorney the duly elected Vice Ps of Nationwide Mutual Insurance Company and the corporate seal and his signature as Vice President were duly af�t� ed subscribed to the said instrument by the authority of said Board of Directors. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant seal of said Company thisl2th day of May 2003 it •: 08028 This Power of Attorney, expires .•`�E�• % Bd 1 (04-00) 00 07/31/03use Secretary, and`2fi'ixed the the N c �%A$sls�'t Secretaryy 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 fifteen (15) 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 when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Service Provider: Independent Salt Company, Inc. P.O. Box 36 Kanopolis, KS 67454 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. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the Cost Breakdown attached as Exhibit "C". 6. 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. 7. 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 of Fort Collins. 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. SA 10/01 2 8. 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. 9. 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. 10. 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. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. 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. 12. 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 SA 10/01 3 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 himself 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. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties 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. 14. 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 B, 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 Director of Purchasing and Risk Management, 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. SA 10/01 4 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. 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. CITY OF FORT COLLINS, COLORADO a municipal corporation nn Joh . Fischbach City Manager By' - James B. O Neill 11, CPPO, FNIGP Approv s F rm Directo of urchasing and Risk Management ssist n it/y Attorney- Date: G � Vol 3 Independent Salt Comp, Inc. EST: � By: Brian G. Keener City Clerk PRINT NAME Executive VP CORPORATE PRESIDENT OR VICE PRESIDENT,... Date: 05/08/03 ATTEST: (Corporate Seal) a r CORPORATE SECRETARY SA 10/01 5 EXHIBIT A V. SPECIAL INSTRUCTIONS TO BIDDERS Road Salt Requirements for the 2002-2003 Colorado Political Subdivisions a. COLLECTIVE 1. Each item on the bid must be bid individually, and the Agencies reserve the right to accept the lowest and best bid per item, combination of items, or all items combined, whichever is deemed in the best interest, and actual applications as appropriated by the Agencies. 2. Releases to be made as required throughout the period of the award. Consideration will be given to vendors with a favorable firm price period with no minimum release requirements. 3. Prices must remain in effect from Date of Award through July 1, 2003. 4. The quantities listed are estimates and may increase or decrease as deemed necessary by the Agencies unless fixed quantities are stated. In the event of any emergency where quick delivery is a necessity and the successful bidder cannot meet the time constraints, the political subdivision may order from another vendor in order to meet that emergency only. 5. Vehicles shall not be operated on any roadway in excess of the legal weight limitation. The contractor shall be responsible for any and all fines incurred for being overloaded as well as any other safety or moving violations. Overweight trucks will not be accepted or unloaded. 6. All equipment must comply with city, county, state and DOT rules, regulations, requirements, etc. which apply. All operators must be properly licensed for the type of equipment being operated. The Local Agency reserves the right to reject any improperly licensed equipment or operator. 7. This award shall be available for use by Local Governments and Political sub -divisions in the state of Colorado. 8. This award maybe extended for an additional 2 (two) twelve (12) month periods, contingent upon future years funding, and agreement of the Agencies and vendor. 9. Results will not be given by phone. For bid results, please enclose a stamped, self- addressed envelope with your bid. b. SPECIAL BID CONDITIONS 1. All orders will be in truck load quantities or railcars. 2. All prices quoted are to be F.O.B. destination. All salt to be bulk delivery as designated per attached sheets. No deliveries will be accepted on either Saturday or Sunday, unless permission has been previously granted by the ordering agency. At least twenty-four (24) hours prior notice must be given before any delivery will be accepted at any destination unless the condition is waived by the political subdivision when the order is placed with the vendor. All deliveries must be accompanied by a certified weight ticket, otherwise the shipment may be refused. Unloading instructions will vary depending upon the need of each political subdivision and are given on the bid sheets in detail. Additional delivery instructions which do not affect the vendor's cost may be included on the blanket purchase order. 3. A blanket purchase order will NOT be issued by the State of Colorado on behalf of the political subdivision. Each agency will send a purchase order to the Vendor. If any problems arise in the performance of the resulting contract, the hosting agency, City of Fort Collins, should be notified immediately and will assist in the problems solution. 4. After October 15, 2002 all orders of from one (1) to five (5) truck loads must be delivered within 10 (10) working and orders of more than five (5) truck loads must be delivered within twenty (20) working days. For each day beyond those deadlines in which delivery is made, twenty-five dollars ($25) shall be deducted from any monies due the vendor, not as a penalty but as liquidated damages notwithstanding any act of God. In the event that the vendor fails, refuses or otherwise declines to perform in accordance with the terms of the contract, the political subdivision may then purchase the road salt ordered from the vendor from any other source and the vendor shall be liable for the difference between the contract prices and the purchasing price of said material in addition to any liquidated damages that are due and owing the political subdivision. Termination of the contract will be done by notifying both the vendor and the City of Fort Collins, in writing, in the event of the vendor's failure to perform. 5. Any representative samples of delivered material that fail to meet the specifications relative to gradation or moisture content will be penalized succeeding deliveries failing to meet specifications. 6. The successful bidder will be required to furnish a Performance bond equal to 100 percent of the contract awards. Such performance bond must be submitted within fourteen (14) days after the awards are made. The performance bonds will be made payable to the Host Agency, City of Fort Collins, which acts as the control agent for this bid. 7. The resulting contract shall be in effect from the date of the award until July 1, 2003 8. In order to minimize the possibility of any single vendor being committed to delivering more road salt that he can effectively haul, you are asked to specify a maximum quantity of road salt which you can satisfactorily deliver to the local governments on this bid invitation. If you are the low responsive, responsible bidder on more than the amount you specify, you will be given the opportunity to select those contracts which you most desire. 9. Should a bidder find discrepancies in, or omissions from the special bid conditions and/or specifications or should be in doubt as to their meaning, please notify the City of Fort Collins Purchasing, John Stephen, CPPB, Senior Buyer, PO 580, Ft Collins, CO. 80522 (970) 221-6775. If the point in question is not fully set forth, a written addendum will be faxed to the vendors. 10. Price changes will be allowed for increases or decreases in freight rates upon written approval by the hosting agency. Direct all questions to John Stephen, CPPB, Senior Buyer, 970-221-6775 or e-mail at jstephen(a-)fcgov.com VI. PRODUCT SPECIFICATIONS Rock Salt, must meet AASHTO Specifications for Sodium Chloride M 143-74, Type 1, Grade 1 or Grade 2 as specified on the bid sheets. In addition, representative samples of delivered material must meet the following maximum moisture content requirements when dried to a constant weight at 105 C: Untreated Sodium Chloride - 2% maximum Sodium Chloride with non -caking and/or anti -freeze additives - 3% maximum Non -caking additive may be called for by the ordering agency and must meet the following specifications. Non -caking additive. Yellow Prussiate of Soda (YPS), or other approved chemical shall be uniformly added to the Sodium Chloride at a ratio of not less than 200 parts per million (200ppm) to produce a non -caking material when subjected to the following test: the materials shall be exposed to two (2) twenty-four moisture cycles from 3% minus moisture by weight to 25% plus moisture and back to 3% moisture. The addition of the YPS to the Sodium Chloride shall be done prior to stockpiling and shall be done in such a manner as to produce a uniform coating throughout all crystals.