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Home My WebLink About109447 INDEPENDENT SALT - CONTRACT - CONTRACT - 5984 MAPO ROAD 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 July 1, 2007. 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 SA January 2005 Exhibit C INSURANCE REQUIREMENTS 1. 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: 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. SA January 2006 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, $44.30 per ton delivered, per the attached hereto as Exhibit "B" Cost Breakdown, consisting of four (4) pages 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 SA January 2006 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 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. 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 SA January 2005 2 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 parry'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. SA January 2005 3 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. ATTEST: 4 p� CORPORATE SECRETARY SA January 2005 CITY OF FORT COLLINS, COLORADO a municipal corporation By: Jame B O'Neill II, CPPO, FNIGP Direc o of Purchasing and Risk Management Date: 1 J(, J0 IndependentpS61tComipany By. S. K. Olson PRINT NAME W-Distribution CORPORATE PRESIDENT OR VICE PRESIDENT Date: 07 / 13 /06 (Corporate Seal) 4 Exhibit "A" 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. SA January 2005 BIDS MUST BE PREPARED ON THE FORMS PROVIDED HEREIN. 2006-2007 MAPO SALT BID SCHEDULE Bid 5984 AGENCY CONTACT DELIVERY LOCATION/ WHO UNLOADS( TONS BULK Additives PRICE INVOICE ADDRESS PHONE # SPECIAL EQUIPMENT GRADE PER TON Adams County Ellen Gomez SaR Dome Attn: Ellen Gomez 303-853-7103 8080 Dahlia St. Approx. Bulk Non- 4955 E. 74" Ave. Tim Sterkel Commerce City, CO 5000 1 Caking 51.35 Commerce City CO 80022 303-853-7136 Carrier Must Unload City of Brush Row Pennell 118 Carson Brush, CO Approx Bulk Non - PO 363 Brush, CO 80723 970-842-5001 Local Gov t. Assist 30 1 Caking 62.38 End Dumps City of Golden City of Golden Shops 1400 9 St. Attn: Public Works Ron Reavis . Golden, CO 80401 Approx. Bulk Non- 52.49 145 10 St. 303-384-8155 Carrier Must Unload 200 1 Caking Golden CO 80401 End or Belly Dumps City of Aurora 15740 E 32nd Ave & Street Division Kim Quante 14303 E Hampden Approx. Bulk Non- 52.97 15740 E 32nd Ave. 303-326-8200 Aurora, CO 1000 1 Caking Aurora, CO 80011 Carrier Must Unload City of Commerce City Sam Hoover 8625 Ulster Street Maintenance 303-284-8146 Commerce City, CO Approx Bulk Non - 50.99 Box 40 Leonard Dietz Local Gov't. Assist 400 1 Caking Commerce City, CO 80022 303 284-8147 City of Arvada Street Division Dave Kotecki 6161 Olde Wadsworth Aravada CO Approx. Bulk Non- 52.12 6161 Oide Wadsworth 720-898-7721 Carrier Must Unload 1500 1 Caking Aravada CO 80001-8101 City of Fort Collins 9 St. 625 m Street Department Stan Welsch FCollins, CO Fort Approx. Bulk NOW 44.30 625 9"' St. 970-416-2091 Local Gov't Assist 2500 1 CAKING PO Box 580 970-221-6615 Rail Fort Collins, CO 80522 City of Brighton Attn: Procurement Ste 106 Bob Younger 401 Longspeak St. Brighton, CO 80601 Approx. Bulk Non- 22 S. 4th Ave. Sharon Williams 303-655-2088 Carrier Must Unload 100 1 Caking 52.96 Brighton, CO 80601 End Dumps 12323 Claude Ct. City of Northglenn C City Gene Maypole Northglenn, CO Approx Bulk Non- Community Ctr. Dr. 303-450-4005 Carrier Must Unload 1500 1 Caking 52.88 Northglenn, 80233 End Dumps El Paso County DOT Leslie Schaffer 3460 N. Marksheffel Rd. rox. Approx Bulk Non- 3460 N. Marksheffel Rd. 719-520-6821 Carrier Must Unload 4000 1 Caking 64.54 Colorado Springs, CO 80922 End or Belly Dumps 21401 Golden Gate Canyon Rd. Jefferson County Johnnie May Golden, CO 80403 Approx. Bulk Non - 21401 Golden Gate Canyon Rd. 303-271-5233 Carrier Must Unload 3500 1 Caking 52.47 Golden, CO 80403 End Dumps Mason Staub 12450 Washington St. & City of Thorton 303-538-7625 8651 Riverdale Rd. Approx. Bulk Non- 9500 Civic Center Dr. 9500 Civic Bob Winzent Thornton, CO 80229 500 1 Caking 52.22 C0enter Thor303-255-7627 Carrier Must Unload Boulder County Road Maintenance 1288 Alaska Ave. Longmont, CO 80501 Bob Kiepe Ted Plank 303-441-3962 Walden Ponds Garage 3897 N 75TH St. Boulder, CO 80303 Carrier Must Unload End Dumps Approx. 750 Bulk 1 Non- Caking 57.25 City of Lakewood Chris Jacobsen 850 Parfet St. Firm Bulk Non - 850 Parfet Street 303-987-7951 Lakewood CO 80215 2000 1 Caking 52.40 Lakewood, CO 80215 Carrier Must Unload DIA Field Maintenance Jeff 881" Ave. Gate #15 Approx. Bulk 27500 E. 80'h Ave. 42-276 303-342-2764 Denver, CO 80249 1000 1 None 53.98 Denver, CO 80249 Carrier Must Unload Town of Parker Town of Parker 20120 E. Mainstreet Steve Nyhus Salt Barn 17801 E. Plaza Dr. Approx. Bulk Non- 56.33 Parker, CO 80138-7334 303-805-3216 Parker, CO 80134 700 1 Caking Carrier Must Unload City of Westminster Pat Sexton 3070 Huron street APRX 6575 W. 88th Ave. 303-430-2400 Westminster, CO. 2000 Non- 53.92 Westminster, CO 80031 ext. 2521 AND AND Bulk Caking 6575 W. 88th Ave. 2500 1 Westminster, CO 80031 TOTAL Carrier Must Unload End Dumps OF 4500 NameofCompany Independent Salt Company Date06/22/06 Signature Lc�. e Name (Print) S . K. Olson Title VP -Distribution Delivery **all deliveries subject to availability of rail equipment Payment Terms Net 30