HomeMy WebLinkAbout109447 INDEPENDENT SALT COMPANY - CONTRACT - BID - 5922 MAPO SALTSERVICES 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, 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 one (1)
page, and incorporated herein by this reference.
2. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated upon signing this Agreement.
Services shall be completed no later than September 15, 2005. Time is of the essence. Any
extensions of the time limit set forth above must be agreed upon in a writing signed by the
parties.
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.
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
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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 Ft Collins, Purchasing
PO Box 580
Ft. Collins, CO 80522
Service Provider:
Independent Salt Company
PO Box 36
Kanopolis, Kansas 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.
6. Contract Sum. The City shall pay the Service provider for the performance of
this Contract, subject to additions and deletions provided herein, $45.20 per ton delivered, per
the attached hereto as Exhibit "B" Cost Breakdown, consisting of one (1) page and
incorporated herein by this reference.
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 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.
9. 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
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neither assign any responsibilities nor delegate any duties arising under the Agreement
without the prior written consent of the City.
10. 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.
11. 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 workmanshiplworkwomanship 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.
12. 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.
13. 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 himself of any other remedy at law or equity. If the non -defaulting
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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.
14. 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.
15. 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) pages, 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.
16. 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.
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17• 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
By: Cb !!
Jame 'Neill II, CPPO, FNIGP
Direct Purchasing and Risk Management
Date: cito
A EST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
ATTEST -
CORPORATE SECRETARY
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Independent Salt Company
By:
S. K. Olson
PRINT NAME
W-Distribution
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 07/13/05
(Corporate Seal)
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Exhibit "A"
PRODUCT SPECIFICATIONS
Rock Salt, must meet AASNTO 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.
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JUL. 1. 2005 1;11AM 'INDEPENDENT SALT
N0. 119 P. 2
Exhibit B Page I of 1
Olson
From: Olson
Sent: Wednesday, June 29, 20051:19 PM
TO: Utcphens4rogov.com'
Cc: Olson
John,
As you know, uncertainties surrounding re
Of bid With dired il rates and covered hopper rail equipment forced us to respond
to Your
twhich dldn't allow uus to uNjize them grail rates we currently have in place will take us through most
if any of the locations have arty room to fill up. I donj know ir your iff thscan a done ut we could or not throughout t thought we would at them
least make the offer to you if you am Interested. The delivered prices would be afollows:
Adams County $36.18 ton
Arapahoe County 40,03
City Golden 37.66
City Aurora 38.05
City Comm. City 36.18
City Arvada 37.28
City Ft. Collins 46.20
City Brighton 37.58
City N. Glen 37.83
El Paso Count, 49.93
Jefferson County 37.58
City Thornton 3728
City Westminster 39.78
City Lakewood 37.28
DIA 39.15
Shou
e down
could be
be to sh,
can s early as we can alnd fill up he erry nosok and crennyy that is , the Weal availableble at this time. If this as opf merest to�ywe
ou
please let me know.
Thank you, Steve
6/29/2005
1
2.
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, and containing substantially the following statement:
except after ten (10) days written notice has been received by
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
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.
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:
1 . 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.
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