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Signed Contract_Chamption Salt, LLC for Road Deicer Bid AwardCity of Dubuque Consent Items # 18. ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: Copyrighted June 15, 2020 Signed Contract(s) De -Icing Rock Salt Supply Agreement with Champion Salt, LLC; Dupaco Voices, LLC Revocable License for Fencing and Landscaping at 902 & 990 White Street. Suggested Disposition: Receive and File ATTACHMENTS: Description Type Champion Salt, LLC Agreement Supporting Documentation Dupaco Voices, LLC Revocable License Supporting Documentation Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: John Klostermann, Public Works Director JK SUBJECT: Road Deicer Bid Award DATE: May 20, 2020 Dubuque bitrel All -America City 2007.2012.2013 2017*2019 INTRODUCTION The purposes of this memorandum are to provide information and request your approval of the FY21 winter season road deicer purchase with Champion Salt, LLC. BACKGROUND In April, with and on behalf of the cities of Asbury, Cascade, Epworth, Farley, Holy Cross, and Peosta, along with the Dubuque Community School District, and the Western Dubuque Community School District, the Public Works Department solicited bids for road deicer for the coming winter season. DISCUSSION Bid proposals were solicited from four suppliers for four (4) barges or 6,000 ton (+/-) of road deicer salt. The suppliers were Cargill, Inc. Champion Salt, LLC, Compass Materials America, Inc. and Morton Salt, Inc. The pricing received is listed below. Cargill, Inc. Champion Salt, LLC Compass Minerals America, Inc. Morton Salt, Inc. $61.15 per ton $58.01 per ton $58.53 per ton $78.48 per ton The lowest price received was from Champion Salt, LLC. and is a 3.63% decrease from the $60.20 price we paid last season. BUDGET IMPACT The final cost for deicer salt is based on the total amount received I am estimating that the City share of the order will be 4,500 tons (+/-) at a total cost of $261,045 or an estimated $70,000 under our FY2021 approved budget of $350,955 (25054420-62640). The remaining salt will be purchased by our bid partners and stored at our Purina Drive facility. Our purchase partners will pay all costs related to their salt purchase, inbound and outbound loading fees, and salt storage fees. ACTION STEP I request your approval to purchase four barges of road deicer salt (6,00 tons +/-) from the low bidder, Champion Salt, LLC. CC: Jenny Larson, Budget Director Arielle Swift, Assistant Public Works Director 2 CHAMPION S A L DE-ICING ROCK SALT SUPPLY AGREEMENT THIS DE-ICING ROCK SALT SUPPLY AGREEMENT ("Agreement") is made on the date of last signature set forth below, by and between CHAMPION SALT, LLC ("Champion") and the undersigned CITY/TOWNSHIP/VILLAGE ("Municipality"). WHEREAS, the Municipality published a bid solicitation for Rock Salt for Ice Control on or about April 16, 2020 ("Bid Solicitation"), for which sealed bids were opened on May 14, 2020, and for which Champion was the sole awarded supplier following sealed bids and a determination that Champion is the overall lowest responsive and responsible bidder ("Municipal Salt Award"); and WHEREAS, the Municipality and Champion now desire to memorialize their contract and the parties' obligations under the Bid Solicitation and resulting Municipal Salt Award, as set forth below. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and benefits set forth below, and other good and valuable consideration, the sufficiency of which is acknowledged by the parties, and with the intent to be legal bound hereby, the parties agree as follows: 1. Product Prices and Payment Terms. In accordance with the Bid Solicitation and Municipal Salt Award, the unit price for Road Salt shall: $58.01 per U.S. ton, CIF, to the Municipality's Purina Drive barge terminal facility dock (between Mile Markers 580 and 581, Dubuque, IA). The Municipality shall be solely responsible for offloading the barges and typical machine cleaning of holds and replacement of barge covers, as reasonably requested from the barge freight carrier. All references to Road Salt in this Agreement shall mean the Road Salt bulk product expressly specified in the Bid Solicitation. Champion shall invoice the Municipality for all delivered Road Salt, upon arrival of the barges to the specified docks / delivery terminals. All Road Salt is sold to the Municipality NET 30 days from date of invoice, and payment shall be made to Champion timely by the Municipality, without any setoff or deduction. 2. Quantity. Per the Bid Solicitation and Municipal Salt Award and subject to the limitations set forth below, the Municipality agrees to purchase four (4) loaded barges of Road Salt, totaling approximately 6,000 tons of Road Salt +/- 10% (at Champion's discretion), based upon the certified draft surveys for the loaded barges. The certified draft surveys shall be final and binding upon the parties and shall be used to determine the aggregate tonnage of Road Salt delivered in the barges, and for which the final purchase price for the Road Salt shall be calculated. For avoidance of doubt and for illustration purposes, if the total delivered tonnage of Road Salt from the four delivered barges, per certified draft surveys, is 6,100 tons, then the final purchase price would be $353, 861.00 ($58.01 x 6,100 tons). 3. Deliveries. All Rock Salt barges shall be delivered to the Municipality's specified barge dock terminal in the Bid Solicitation. Deliveries and permitted no -charge days for offloading the barges shall be as set forth in the Bid Solicitation. Any excess days (whole or partial) used to offload the barges, in excess of the number of days allotted in the Bid Solicitation, shall result in a per day demurrage charge of $300.00 per day to the Municipality, payable upon proper invoice. 4. Incorporation of Bid Solicitation Terms and Conditions. All of the terms and conditions set forth in the Bid Solicitation, with respect to Champion's performance as the awarded supplier who has received the Municipal Salt Award, and with respect to the Municipality's performance as the purchaser, are Page 1 of 2 CHAMPION SALT hereby incorporated into and made a part of this Agreement. Any conflicts and inconsistencies between this Agreement and the Bid Solicitation shall be governed and controlled by this Agreement. 5. Term. The term of this Agreement is six (6) months, commencing on June 1, 2020 and ending on November 30, 2020. All Road Salt barges shall be delivered to the required barge terminal dock on or before November 1, 2020. 6. Miscellaneous. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall be one and the same instrument. Further, this Agreement may be executed and delivered electronically, including, via email, DocuSign and other such means, and all such PDF and other electronic versions of the executed Agreement shall be enforceable as originals. This Agreement shall be governed by Iowa law. This Agreement shall not be amended, modified or cancelled unless such amendment, modification or cancellation is set forth in a written instrument signed by both parties. This Agreement shall not be assigned by the Municipality, as all contract prices are based upon the delivery locations specified in the original Bid Solicitation. This Agreement may be assigned by Champion upon written notice of assignment to the Municipality. Champion: Champion Salt, LL liability. impany ' B ichigan limited The Municipality: City of Dubuque, IA By: Its: CEO Title. Dated: May 21, 2020 Dated: VOie. , 2020 Page 2 of 2