HomeMy WebLinkAboutContract 57727 CSC No. 57727
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between Cargill Salt
d/b/a Cargill Road Safety ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule
municipality.
The Cooperative Purchase Agreement includes the following documents which shall be construed in the
order of precedence in which they are listed:
1. This Cooperative Purchase Agreement;
2. Exhibit A— Seller's Quote, Scope of Services or Purchase Order;
3. Exhibit B—Cooperative Agency Contract Sourcewell 052919-CGI; and
4. Exhibit C—Conflict of Interest Questionnaire
Exhibits A, B, and C,which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. Vendor agrees to provide City with the services and goods included in
Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all
exhibits thereto.
City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with
the provisions of this Agreement. Total payment made under this Agreement for the first year by City
shall not exceed Forty-Four Thousand Dollars ($44,000.00). Vendor shall not provide any additional
items or services or bill for expenses incurred for City not specified by this Agreement unless City
requests and approves in writing the additional costs for such services. City shall not be liable for any
additional expenses of Vendor not specified by this Agreement unless City first approves such expenses
in writing.
The term of this Agreement is effective beginning on the date signed by the Assistant City
Manager below("Effective Date") and expires on July 17, 2023.
Vendor agrees that City shall,until the expiration of three(3)years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books,documents,papers and records,
including, but not limited to, all electronic records, of Vendor involving transactions relating to this
Agreement at no additional cost to City. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
To CITY: To VENDOR:
City of Fort Worth Cargill Salt d/b/a Cargill Road Safety
Attn: Dana Burghdoff,Assistant City Manager Jim Anderson,Government Sales Lead
200 Texas Street
Fort Worth,TX 76102-6314 Address:
Facsimile:(817) 392-8654 24950 Country Club Blvd Suite 450
North Olmsted,Ohio 44070
With copy to Fort Worth City Attorney's Office at
same address Facsimile:440-716-0692
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
Dana Burghdoff By signing I acknowledge that I am the person
By. Dana Burghdoff(fun 24,202214:55 MDT) responsible for the monitoring and administration
Naine: Dana Burghdoff of this contract, including ensuring all performance
Title: Assistant City Manager and reporting requirements.
Date:
,L.a,�.eeefiti TJe�Cae�
APPROVAL RECOMMENDED: By:
Name: Lakeesha Dodson
Title: Sr Administrative Assistant
fay. w;(Jun 23,202211 CDT. APPROVED AS TO FORM AND LEGALITY:
Name: William M Johnson
Title: TPW Directoron r
aa!° 00000'o °°AI1ESI. ql�u ° d� By.
~° o� Name: Taylor Paris
dvo =a
o Title: Assistant City Attorney
.7g��e��e S Goo�lgCG ° y,
By: JannetteS.Goodall(Jun 28,202213:59CDT) II�nE000�pSooQ CONTRACT AUTHORIZATION'
Name: Jannette Goodall M&C: N/A .
Title: City Secretary
VENDOR:
Cargill Sal /b/a Cargil (toad Safety
By: o . _
Na e: Jim Anderson
Ti : Government Sales Lead
Date: 61 �L b-
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A
Cargill A CCU BATCH®
brine maker
April 4, 2022
Tyler Hukill
Field Operations Supervisor
TPW/Streets &Storm Water Operations
5001 James Ave
Fort Worth, TX, 76115
Office: 817-392-7940
tyler.h ukillCu)-fortworthtexas.gov
RE:AccuBatch°brine maker
The AccuBatch° brine maker from Cargill Salt— Road Safety is a brine production system that allows
for brine to be manually produced with a temperature compensated conductivity meter for accurate
salinity concentration in an entry level machine. All AccuBatch°brine makers come with:
• Up to 2,400 gallons/hour
production levels —Produce as much
or as little brine based on your needs OF
• Automatic Salinity control — System
uses patent pending technology to
ensure continuous, accurate -------
concentration to +/- 0.2% of your
desired salinity a • • • •
A CCU 13ATCH
• Durable rugged design —Marine
grade fiberglass is corrosion resistant
-
and an all-weather long-lasting
housing for the control panel
• Single phase electrical —operates
on 208-240V, 30A, single phase power
with Type L6-30 receptacle `
• Ease of Clean Out— System is
designed to make clean out simple
and safe without intensive labor
Cargill Salt—Road Safety Quote Letter Pagel of 3
/O1
Car �lI a ACCUBATCH®
g
brine maker
This quote does not constitute an order confirmation. The prices quoted in this letter are valid for a
sixty(60) day timeframe.
Item Qty Optional Hardware Each Extended
2 1 AccuBatch®brine maker $30,962.00 $30,962.00
Includes a factory installed stainless steel spill shield.Continuous,automatic
salinity measurement&control. Single phase electric system with salt tank,
brine tank and control panel.(Sourcewell pricing)
Freight: $2 988 00
Total. $33,950.00
Sa It
Water
AccuBatch 'Aocuearc� so
Brinemaker
Brine
Storage
Tank
Cargill Salt—Road Safety Quote Letter Page 2 of 3
/O1
Car �lI a ACCUBATCH®
g
brine maker
Additional Notes& Descriptions:
1) The AccuBatch brine maker is shipped directly to you and installation is as simple as plugging in
the unit and hooking up the water and it is ready to begin brine production. No factory installation
required.
2) Taxes, if applicable, are not included in this quotation.
3) Unit is single phase electric(208-240V 30A Type L6-30 receptacle).
4) Please see attached installation checklist,technical specifications and literature for more details.
5) City of Fort Worth Fleet Services Division Sourcewell Member ID: 141810
6) Cargill Sourcewell Contract#: 052919-CGI
Terms and Conditions
The terms and conditions and full limited warranty statement are available upon request.The terms and conditions and full limited
warranty statement shall constitute the sole terms and conditions governing any sale of an AccuBrine®automated brine maker
entered into by the parties. No terms or conditions,other than those located at https://www.cargill.com/doc/1432095426022/cargill-
salt-terms-and-conditions.pdf,whether contained in Buyer's purchase order or elsewhere,shall be binding on Seller unless agreed
to in writing by Seller.Seller's failure to object to such other terms and conditions shall not be deemed a waiver of those located at
www.cargill.com.
"Confidentiality Notice:This message is intended only for the named recipient and may contain confidential, proprietary or legally
privileged information. Unauthorized individuals or entities are not permitted access to this information.Any dissemination,
distribution,or copying of this information is strictly prohibited. If you have received this message in error, please advise sender by
reply e-mail, and delete this message and any attachments.Thank you."
Regards,
�4g ,4wl�ewm
Jim Anderson
District Manager
Cargill Salt-Road Safety
jim_a_anderson@cargill.com
mobile: 612-812-0051
Cargill Salt-Road Safety Quote Letter Page 3 of 3
DocuSign Envelope ID: F7453AEC-FC77-441D-13203-9139813ADECF7E Exhibit B
Contract#052919-CGI
Sourcewell
Solicitation Number: RFP#052919
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Cargill Salt d/b/a Cargill Road Safety, 24950 Country Club Blvd.,
Suite 450, North Olmsted, OH 44070 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to its members. Participation is open to all levels of
governmental entity, higher education, K-12 education, nonprofit, tribal government, and other
public entities located in the United States and Canada.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and its Members (Members).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION.This Contract expires July 17, 2023, unless it is cancelled
sooner pursuant to Article 24. This Contract may be extended up to one additional one-year
period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this
Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
All Equipment and Products provided under this Contract must be new/current model. Vendor
may offer close-out or refurbished Equipment or Products if they are clearly indicated in
Vendor's product and pricing list. Unless agreed to by the Member in advance, Equipment or
Products must be delivered as operational to the Member's site.
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This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. LAWS AND REGULATIONS. All Equipment, Products, or Services must comply fully with
applicable federal laws and regulations, and with the laws of the state or province in which the
Equipment, Products, or Services are sold.
C. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Vendor's dealers and
distributors must agree to assist the Member in reaching a resolution in any dispute over
warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the
expiration of the Vendor's warranty will be passed on to the Member.
D. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to
Sourcewell a means to validate or authenticate Vendor's authorized Distributors/Dealers
relative to the Equipment, Products, and Services related to this Contract. This list may be
updated from time-to-time and is incorporated into this Contract by reference. It is the
Vendor's responsibility to ensure Sourcewell receives the most current version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's
Proposal.
Regardless of the payment method chosen by the Member, the total cost associated with any
purchase option of the Equipment, Products, or Services must always be disclosed in the pricing
quote to the applicable Member at the time of purchase.
When providing pricing quotes to Members, all pricing quoted must reflect a Member's total
cost of acquisition.This means that the quoted cost is for delivered Equipment, Products, and
Services that are operational for their intended purpose, and includes all costs to the Member's
requested delivery location.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Vendor must permit the Equipment and Products to be
returned within a reasonable time at no cost to Sourcewell or its Members. Members reserve
the right to inspect the Equipment and Products at a reasonable time after delivery where
circumstances or conditions prevent effective inspection of the Equipment and Products at the
time of delivery.
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Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally
delivers substandard or inferior Equipment or Products. In the event of the delivery of
nonconforming Equipment and Products, the Member will notify the Vendor as soon as
possible and the Vendor will replace nonconforming Equipment and Products with conforming
Equipment and Products that are acceptable to the Member.
B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption
certification(s). When ordering, Members must indicate if it is a tax-exempt entity.
C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Members.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Contract Administrator.This form is available
from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
• Identify the applicable Sourcewell contract number
• Clearly specify the requested change
• Provide sufficient detail to justify the requested change
• Individually list all Equipment, Products, or Services affected by the requested
change, along with the requested change (e.g., addition, deletion, price change)
• Include a complete restatement of pricing documentation in Microsoft Excel
with the effective date of the modified pricing, or product addition or deletion. The
new pricing restatement must include all Equipment, Products, and Services offered,
even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will be become an
amendment to this Contract and be incorporated by reference.
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5. MEMBERSHIP, CONTRACT ACCESS,AND MEMBER REQUIREMENTS
A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the
United States and Canada; such as municipal, state/province, K-12 and higher education, tribal
government, and other public entities.
The benefits of this Contract should be available to all Members that can legally access the
Equipment, Products, or Services under this Contract. A Member's authority to access this
Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any
entity accessing benefits of this Contract will be considered a Service Member of Sourcewell
during such time of access. Vendor understands that a Member's use of this Contract is at the
Member's sole convenience and Members reserve the right to obtain like Equipment, Products,
or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership
requirements and documentation and will encourage potential members to join Sourcewell.
Sourcewell reserves the right to add and remove Members to its roster during the term of this
Contract.
B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government-
owned facilities, including schools. Vendor's employees and agents must conduct themselves in
a professional manner while on the premises, and in accordance with Member policies and
procedures, and all applicable laws.
6. MEMBER ORDERING AND PURCHASE ORDERS
A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or
Services under this Contract, Member must clearly indicate to Vendor that it intends to access
this Contract; however, order flow and procedure will be developed jointly between Sourcewell
and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may
use their own forms for purchase orders, but it should clearly note the applicable Sourcewell
contract number. Members will be solely responsible for payment and Sourcewell will have no
liability for any unpaid invoice of any Member.
B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order
may be negotiated between a Member and Vendor, such as job or industry-specific
requirements, legal requirements (such as affirmative action or immigration status
requirements), or specific local policy requirements. Any negotiated additional terms and
conditions must never be less favorable to the Member than what is contained in Vendor's
Proposal.
C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond
that meets the requirements set forth in the Member's purchase order.
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D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or
specialized performance requirements (such as e-commerce specifications, specialized delivery
requirements, or other specifications and requirements) not addressed in this Contract, the
Member and the Vendor may enter into a separate, standalone agreement, apart from this
Contract. Sourcewell, including its agents and employees, will not be made a party to a claim
for breach of such agreement.
E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in
whole or in part, immediately upon notice to Vendor in the event of any of the following
events:
1. The Member fails to receive funding or appropriation from its governing body at
levels sufficient to pay for the goods to be purchased;
2. Federal or state laws or regulations prohibit the purchase or change the
Member's requirements; or
3. Vendor commits any material breach of this Contract or the additional terms
agreed to between the Vendor and a Member.
F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Member's purchase order will be determined by the Member making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Member inquiries; and
• Business reviews to Sourcewell and Members, if applicable.
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to members, pricing and
contract terms, administrative fees, supply issues, customer issues, and any other necessary
information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract
sales activity report (Report) to the Sourcewell Contract Administrator assigned to this
Contract. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
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The Report must contain the following fields:
• Customer Name (e.g., City of Staples Highway Department);
• Customer Physical Street Address;
• Customer City;
• Customer State;
• Customer Zip Code;
• Customer Contact Name;
• Customer Contact Email Address;
• Customer Contact Telephone Number;
• Sourcewell Assigned Entity/Member Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Members. The Vendor will submit a check payable to Sourcewell for the
percentage of administrative fee stated in the Proposal multiplied by the total sales of all
Equipment, Products, and Services purchased by Members under this Contract during each
calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo
and must be mailed to the address above "Attn: Accounts Receivable." Payments must be
received no later than forty-five (45) calendar days after the end of each calendar quarter.
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date, the administrative fee payment will be due no more than thirty (30)
days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's
Authorized Representative changes at any time during this Contract, Vendor must promptly
notify Sourcewell in writing.
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10.ASSIGNMENT,AMENDMENTS, WAIVER,AND CONTRACT COMPLETE
A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or
obligations under this Contract without the prior consent of the parties and a fully executed
assignment agreement. Such consent will not be unreasonably withheld.
B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been fully executed by the parties.
C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not
waive the provision or the right to enforce it.
D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between
Sourcewell and Vendor. No other understanding regarding this Contract, whether written or
oral, may be used to bind either party.
E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership,joint venture, master-
servant, principal-agent, or any other relationship.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and
employees, harmless from any claims or causes of action, including attorneys' fees, arising out
of the performance of this Contract by the Vendor or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications.
12.AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting
procedures and practices of the Vendor relevant to this Contract for a minimum of six (6) years
from the end of this Contract.This clause extends to Members as it relates to business
conducted by that Member under this Contract.
13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Vendor under this Contract.
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If the Vendor receives a request to release the data referred to in this article, the Vendor must
immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond
to the request.
14. INTELLECTUAL PROPERTY
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members
against any and all suits, claims,judgments, and costs instituted or recovered against
Sourcewell or Members by any person on account of the use of any Equipment or Products by
Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright
laws.
15. PUBLICITY, MARKETING,AND ENDORSEMENT
A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Vendor individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved
by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to
this Contract.
C. ENDORSEMENT.The Vendor must not claim that Sourcewell endorses its Equipment,
Products, or Services.
16. GOVERNING LAW,JURISDICTION,AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its
breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls,
Minnesota.
17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party's reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both
Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
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remainder of this Contract is capable of performance, it will not be affected by such declaration
or finding and must be fully performed.
19. PERFORMANCE, DEFAULT,AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute
and work in good faith to resolve such dispute within a reasonable period of time. If
necessary, Sourcewell and the Vendor will jointly develop a short briefing document
that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as
specified above, either Sourcewell or Vendor may escalate the resolution of the issue to
a higher level of management. The Vendor will have thirty (30) calendar days to cure an
outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a
dispute, the Vendor must continue without delay to carry out all of its responsibilities
under the Contract that are not affected by the dispute. If the Vendor fails to continue
without delay to perform its responsibilities under the Contract, in the accomplishment
of all undisputed work, any additional costs incurred by Sourcewell and/or its Members
as a result of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Member order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party
claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non-defaulting
party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued
against the Contract.
20. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at
all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better,
with coverage and limits of insurance not less than the following:
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1. Workers'Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering
its operations, with coverage on an occurrence basis, and must be subject to terms no
less broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising
from premises, operations, bodily injury and property damage, independent
contractors, products-completed operations including construction defect, contractual
liability, blanket contractual liability, and personal injury and advertising injury. All
required limits, terms and conditions of coverage must be maintained during the term
of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Vendor will maintain insurance covering all owned, hired, and non-owned automobiles
in limits of liability not less than indicated below.The coverage must be subject to terms
no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer).
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Vendor will maintain
umbrella coverage over Workers' Compensation, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability.
During the term of this Contract, Vendor will maintain coverage for all claims the Vendor
may become legally obligated to pay resulting from any actual or alleged negligent act,
error, or omission related to Vendor's professional services required under this
Contract.
Minimum Limits:
$2,000,000 per claim or event
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$2,000,000—annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this
Contract, Vendor will maintain coverage for network security and privacy liability. The
coverage may be endorsed on another form of liability coverage or written on a
standalone policy. The insurance must cover claims which may arise from failure of
Vendor's security resulting in, but not limited to, computer attacks, unauthorized
access, disclosure of not public data — including but not limited to, confidential or
private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Contract Administrator assigned to this Contract.The certificates must be signed by
a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include
there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty
(30) days' prior written notice to the Vendor.
Upon request, Vendor must provide to Sourcewell copies of applicable policies and
endorsements, within ten (10) days of a request. Failure to request certificates of insurance by
Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves
Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their
officers, agents, and employees, as an additional insured under the Vendor's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Vendor, and products and completed operations of
Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Vendor or its subcontractors. The waiver must apply to all
deductibles and/or self-insured retentions applicable to the required or any other insurance
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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require
similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either
providing a primary policy or in combination with umbrella/excess liability policy(ies).
F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of$10,000 is subject to
Sourcewell's approval.
21. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local
licenses, bonds, and permits required for the operation of the business that the Vendor
conducts with Sourcewell and Members.
22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in
writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota, the United States federal government, or any Member.
Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal
offense related to the subject matter of this Contract. Vendor further warrants that it will
provide immediate written notice to Sourcewell if this certification changes at any time.
23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Members that use United States federal grant or FEMA funds to purchase goods or services
from this Contract may be subject to additional requirements including the procurement
standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements
for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements based
on specific funding specifications. Within this Article, all references to "federal" should be
interpreted to mean the United States federal government. The following list only applies when
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a Member accesses Vendor's Equipment, Products, or Services with United States federal
funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of$2,000 awarded by non-
federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Vendor must be in
compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of$100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week.The requirements of 40 U.S.C. § 3704 are applicable to construction
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work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Vendor certifies that during the term of an
award for all contracts by Sourcewell resulting from this procurement process, Vendor must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award
meets the definition of"funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency. Vendor
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT(42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of$150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor
certifies that during the term of this Contract will comply with applicable requirements as
referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file
any required certifications. Vendors must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
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covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures
required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. §
1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years
after grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this
Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right
also includes timely and reasonable access to Vendor's personnel for the purpose of interview
and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
24. CANCELLATION
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Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty
(60) days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Vendor's Proposal.
Termination of this Contract does not relieve either party of financial, product, or service
obligations incurred or accrued prior to termination.
Sourcewell Cargill Salt d/b/a Cargill Road Safety
DocuSigned by: DocuSigned by:
D
By: CDFD2A139DO6489... By. B3AD73268567403...
Jeremy Schwartz Chet Womack
Title: Director of Operations & Title: Government Sales Lead
Procurement/CPO
Date:7/16/2019 1 1:47 PM CDT Date: 7/23/2019 1 4:39 PM CDT
Approved:
DocuSigned by
WA
By' 7E42B8 F817A64CC...
Chad Coauette
Title: Executive Director/CEO
Date:7/16/2019 1 1:48 PM CDT
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RFP#052919 - Salt, Brine, Anti-icing, or De-icing Agents, and Brine
Production and Storage Systems
Vendor Details
Company Name: Cargill Salt
Does your company conduct business
under any other name?If yes, please Cargill Road Safety
state:
24950 Country Club Blvd.
Address: Suite 450
North Olmsted,Ohio 44070
Contact: Jim Anderson
Email: jim_a_anderson@cargill.com
Phone: 612-812-0051
Fax: 440-716-0692
HST#: 41-0177680
Submission Details
Created On: Friday April 12,2019 08:06:46
Submitted On: Monday May 27,2019 18:16:42
Submitted By: Jim Anderson
Email: jim_a_anderson@cargill.com
Transaction#: e52853f8-bf59-40e7-ac03-612680d2bf7a
Submitter's IP Address: 167.136.242.104
DocuSign Envelope ID: F7453AEC-FC77-441 D-B203-9B98BADECF7E
Specifications
Proposer Identity &Authorized Representatives
Line
Item Question Response
1 Proposer Legal Name (and applicable Cargill Salt
d/b/a, if any): d/b/a Cargill Road Safety
2 Proposer Address: 24950 Country Club Blvd.
Suite 450
North Olmsted, OH 44070
3 Proposer website address: https://www.cargill.com/industrial/winter-road-maintenance/winter-maintenance
4 Proposer's Authorized Representative Chet Womack
(name, title, address, email address & Government Sales Lead
phone) (The representative must 5502 Briarhill Dr.
have authority to sign the "Proposer's Floyds Knobs, IN 47119
Assurance of Compliance" on behalf chet_womack@cargill.com
of the Proposer): 812-914-1611
5 Proposer's primary contact for this Jim Anderson
proposal (name, title, address, email District Sales Manager
address & phone): 967 Sunny Ridge Drive
Carver, MN 55315
jim_a_anderson@cargill.com
612-812-0051
6 Proposer's other contacts for this Chet Womack
proposal, if any (name, title, address, Government Sales Lead
email address & phone): 5502 Briarhill Dr.
Floyds Knobs, IN 47119
chet_womack@cargill.com
812-914-1611
Bill Miller
Technical Services Specialist
395 O'Neill Street
Dubuque, IA 52001
bill_miller@cargill.com
866-900-7258
563-590-4065
Aaron Keeney
Road Safety Technical Services and Applications Lead
8119 Hopper Road
Cincinnati, OH 45255
aaron_keeney@cargill.com
Company Information and Financial Strength
Line Question Response*
Item
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7 Provide a brief history of your company, including Cargill has been in business for over 150 years. Today, it is the largest privately held
your company's core values, business philosophy, company in the United States with over 155,000 employees. Every day our mission is to
and industry longevity related to the requested nourish the world in a safe, responsible and sustainable way. We have businesses around
equipment, products or services. food ingredients and bio-industrial, animal nutrition, agriculture and supply chain, metals and
shipping and protein and salt.
The Protein and Salt Platform is broken into multiple segments including Food, Road Safety,
Water Quality and Growth Ventures. Our salt is used in food, agriculture, water softening
and deicing. We have significant operations in the US and Canada, Central America, China
& Southeast Asia and the UK.
The Road Safety division of Cargill Salt is Headquartered in North Olmsted, Ohio, and has
been a premier deicing solutions provider in North America since 1997. With operating
facilities that are strategically placed across North America, we strive to provide our customers
with deicing solutions that save lives, enhance commerce and reduce environmental impact.
We strive to be more than a vendor. We strive to be a company you can depend on to
deliver cost effective, environmentally conscious, high performing products. We understand the
importance of keeping roads safe in winter and we understand it cannot come at the expense
of the environment.
Through collaboration with our customers and a commitment to research and development, we
are developing products and services that help keep North America moving in winter times in
a manner that is best for the end users of our technologies and Mother Nature.
In addition, we have been the industry leader in brine makers for over 15 years. Our
business of being focused providing solutions that enhance commerce, keep roads safe and
on reduce the environmental impact of salt by providing unique solutions has been a reason
why government agencies chose to work with Cargill.
8 Provide a detailed description of the products Cargill proposes both a variety of brine makers and options as well as salt and treated salt.
and services that you are offering in your Our brine makers meet the needs of both smaller agencies up to the very largest.
proposal.
AccuBatch® Brine Maker
This machine is the top of the line entry-level brine making system and is the only one on
the market that features a conductivity sensor for automatic brine concentration
measurement. Its simple plug and play design allows for easy setup, maintenance, operation
and cleanout. the machine is designed to achieve optimum concentration levels without the
additional labor time needed to manually check and re-check and can make 800 gallon
batches in approximately 20 minutes. There is also no technical assistance required to install
or operate the machine. There is no technical assistance needed. Simply hook up the water
and power and begin making your brine with a start of a button. The cleanout is safe and
easy by simply opening a valve and letting the sediment flow into a loader bucket.
AccuBrine® Automated Brine Maker NXT GEN
This is a very easy to use yet sophisticated brine production system has significant benefits
to customers and is capable of producing up too 6,000 gallons per hour. This machine is
easy to use, has high end electronic components, the ability to remote access the machine,
tank level management logic for truck loading accuracy and reporting, via an Apple® or
Android TM mobile device or desktop computer, is the only machine manufactured from marine-
grade fiberglass to withstand the harsh, corrosive nature of salt, water and winter conditions
and unlike other brine makers that require risky, time-consuming manual labor, the cleanout
process is completely automatic. The system notifies the operator of the necessary cleanout,
rinses itself out, and the sloped floor directs runoff to a designated area. This fully-
automated system takes brine production to the next level by providing a machine that is
very easy to use, yet with the sophistication required in a high end brine maker with a
multitude of user benefits.
AccuBrine® blend truck loading & blending system
This state-of-the-art system works independently of the brine maker and gives agencies the
freedom and flexibility to grow their liquids program. With the ability to make brine while
filling trucks, tracking multiple user I.D.s, creating recipes for every type of weather event by
making a volume ratio blend of brine and various additives directly into the liquid application
trucks. This system also will provide for usage reporting and remote access via an Apple®
or Android TM mobile device or desktop computer.
Cargill Salt
Treated with YPS (yellow prussiate of soda) anti-caking agent to help resist caking and
prevent clumping, Cargill's bulk deicing salt is a standard for winter maintenance deicing
programs.
Cargill ClearLane®
ClearLane® enhanced deicer is a pre-wet sodium chloride made from a patented liquid
magnesium chloride formula and mixing process. Combined with pre-wetting and deicing
agents, including a PINS-approved corrosion inhibitor, a coloring agent, and a leaching
inhibitor, ClearLane® enhanced deicer is a superior deicer for effective winter road
maintenance that's anti-corrosive and better for the environment than traditional road salt.
DocuSign Envelope ID: F7453AEC-FC77-441 D-B203-9B98BADECF7E
9 What are your company's expectations in the Cargill has always had a positive relationship with Sourcewell that we also believe is beneficial
event of an award? to the customer. We would expect the award by Sourcewell to generate numerous sales that
we would typically not win in a bid scenario. We would use this award to promote our
equipment in every opportunity we have and always confirm with the prospect that they are a
Sourcewell Member and Cargill has an awarded contract with Sourcewell. We always check
to see if a prospective agency is a member and even share with agencies that are not
members the benefits and advantages of being a Sourcewell member and how they can then
acquire our equipment via Sourcewell.
10 Demonstrate your financial strength and stability see attached financial strength document.
with meaningful data. This could include such Cargill is the largest privately held company in the USA.
items as financial statements, SEC filings, credit Annual revenues typically exceed $120 Billion and profits are normally around $3 Billion.
and bond ratings, letters of credit, and detailed
reference letters. Upload supporting documents
(as applicable) in the document upload section of
your response.
11 What is your US market share for the solutions Cargill continues to be the market share leader in Salt products. There are other companies
that you are proposing? that sell one or the other, but Cargill is the only company in the industry to sell both salt
and salt brine production equipment. In a normal bidding season, Cargill will provide over
25% of all salt and related products to government agencies. Cargill traditionally has the
largest percentage of business in the salt and application products. This is tracked on an
annual basis based on awards won by company.
12 What is your Canadian market share, if any? Cargill is the only company in Canada that sells both Salt and salt brine productions
systems. There are a few companies that sell one or the other, but Cargill is the only
company in the industry that sells both salt and brine equipment.
13 Has your business ever petitioned for bankruptcy No, Cargill has never in their 150+ years of existence ever petitioned for any kind of
protection? If so, explain in detail. bankruptcy protection.
14 How is your organization best described: is it a B. We have 6 district managers overseeing their respective geographic locations, each with
manufacturer, a distributor/dealer/reseller, or a a network of dealers. Our district managers sell brine makers and salt products directly to
service provider? Answer whichever question agencies in their districts. Our brine maker dealers and district managers regularly travel
(either a) or b) just below) best applies to your together and work hand in hand to assist with agencies looking at Cargill brine makers. We
organization. work together in order to provide the best brine maker solutions to agencies and have
a) If your company is best described as a constant and continual communication with each other to ensure a strong relationship.
distributor/dealer/reseller (or similar entity), In addition, our technical installation and service staff work very closely with our dealers and
provide your written authorization to act as a agencies that purchase directly from the dealer. Cargill technicians support the dealer
distributor/dealer/reseller for the manufacturer of personnel with a 3 tier service and support process. The Cargill and dealers work very
the products proposed in this RFP. If applicable, closely together as an entire team to support our Sourcewell members.
is your dealer network independent or company
owned?
b) If your company is best described as a
manufacturer or service provider, describe your
relationship with your sales and service force and
with your dealer network in delivering the
products and services proposed in this RFP. Are
these individuals your employees, or the
employees of a third party?
15 If applicable, provide a detailed explanation Our Cargill technicians go thru a rigorous apprenticeship training program for approximately
outlining the licenses and certifications that are one season to ensure technical proficiency in both installation and service. In addition, our
both required to be held, and actually held, by technicians annually go thru both written and practical exams to ensure best possible
your organization (including third parties and customer support.
subcontractors that you use) in pursuit of the
business contemplated by this RFP.
16 Provide all "Suspension or Disbarment' No Suspensions or Disbarments to report.
information that has applied to your organization
during the past ten years.
[Itha
in this RFP category there may be There is no brine maker subcategory. This was confirmed by Kelly Pearson @ Sourcewell.
ategories of solutions. List subcategory titles
best describe your products and services.
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Industry Recognition & Marketplace Success
Line
Item Question Response
18 Describe any relevant industry awards or Although there are no industry awards for brine makers, Cargill is continually recognized by
recognition that your company has received in State Governments, County, City and municipalities as leader in the industry for brine
the past five years makers. We hold state contract awards with many of the states in the USA. Even in States
we have awarded contracts, we always encourage the agency to use Sourcewell as a
purchasing option.
19 What percentage of your sales are to the We sell a vast majority of our brine makers and salt to government.
governmental sector in the past three years We do have a segment of our business that sell, service and support commercial customers
but the percentage of sales to government in all sectors is greater than 90%.
20 What percentage of your sales are to the Cargill sells brine makers and salt to colleges and universities across the USA. It is
education sector in the past three years approximately +/- 5% of our overall sales a year.
21 List any state or cooperative purchasing We hold state salt contracts with many states throughout the USA.
contracts that you hold. What is the annual We also have state brine maker contracts with several states.
sales volume for each of these contracts over
the past three years?
22 List any GSA contracts that you hold. What is We do not hold any GSA contracts.
the annual sales volume for each of these
contracts over the past three years?
References/Testimonials
Line Item 23.
Entity Name* Contact Name* Phone Number*
Harrison County Highway Department Kevin J. Russel, PE Work: 812-738-4600
1359 Old Highway 135 SW Director/Engineer Mobile: 812-267-3303
Corydon, Indiana 47112 Work: 812-738-4600
Mobile: 812-267-3303
Street Department Raymond Hillis (615) 893-4380
City of Murfreesboro Superintendent- Engineering/Street Division
620 West Main Street City of Murfreesboro
Murfreesboro TN 37130 rhillis@murfreesborotn.gov
(615) 893-4380
City of Troy Jeff Burkemper 636-299-2985
336 Excalibur Blvd. City of Troy Missouri
Troy, Mo. 63379 Assistant Public Works Superintendent
336 Excalibur Blvd
Troy, Mo. 63379
Ph. 636-528-4646
Fax 636-462-5215
City of Longmont, CO Jeff TerAvest (303) 651-8460
Public Works Maintenance Facility (303) 651-8460
375 Airport Road jeff.teravest@longmontcolorado.gov
Longmont, CO 80503
Top Five Government, Education or Non-profit Customers
Line Item 24. Provide a list of your top five government,education,or non-profit customers(entity name is optional),including entity type,the state or
province the entity is located in,scope of the project(s),size of transaction(s),and dollar volumes from the past three years.
Entity Name Entity Type* State/ Scope of Work* Size of Transactions* Dollar Volume Past Three
Province* Years
MnDOT Government Minnesota-MN Brine makers, white salt and Millions of dollars Millions of dollars
ClearLane sales
ILDOT Government Illinois-IL Brine makers and white salt Millions of dollars Millions of dollars
ODOT Government Ohio-OH Brine makers and white salt Millions of dollars Millions of dollars
NYDOT Government New York-NY Brine makers, white salt and Millions of dollars Millions of dollars
ClearLane
PADOT Government Pennsylvania- Brine makers, white salt and Millions of dollars Millions of dollars
PA ClearLane
Ability to Sell and Deliver Service to Sourcewell Members
Describe your company's capability to meet the needs of Sourcewell Members across the US,and Canada if applicable.Your response should address in
detail at least the following areas: locations of your network of sales and service providers,the number of workers(full-time equivalents)involved in each
DocuSign Envelope ID: F7453AEC-FC77-441 D-B203-9B98BADECF7E
sector,whether these workers are your direct employees(or employees of a third party),and any overlap between the sales and service functions.
Line Question Response*
Item
25 Sales force. Cargill has both a direct sales force and also has relationships with a network of dealers
across the USA and Canada to promote and sell our brine makers. We have sales
employees located in Boise, Idaho, Minneapolis, Minnesota, Chicago, Illinois, 2 based out of
our home office in Cleveland, Ohio, and Pittsburgh, PA.
The Cargill employee in Idaho covers the Western states including Idaho, Utah, Arizona, New
Mexico, Montana, Nevada, Colorado, Wyoming, California, Washington, Oregon and Alaska.
The employee in Minnesota covers the Dakotas, Minnesota, Wisconsin, Iowa, Nebraska,
Kansas, Oklahoma and Texas.
The Chicago employee covers Illinois, Michigan, Missouri, Arkansas, Louisiana and Mississippi.
The first Ohio employee covers Ohio, Indiana, Kentucky, Tennessee, Alabama and Florida.
The second Ohio employee covers Maine, New Hampshire, Vermont, Massachusetts,
Connecticut and Rhode Island. The PA employee covers New York, Pennsylvania, Virginia,
West Virginia, Delaware, Maryland, Washington D.C., Georgia and North and South Carolina.
In Canada, we have 3 Cargill sales employees that work together without specific territories
and cover Ontario to the east.
In addition, we have a network of dealers focused on specific states.
Monroe Truck Equipment in Wisconsin and Illinois.
Long Island Sanitation - Greater NYC area
Timmerman - NJ, and Orange & Rockland counties in NY
Virginia Public Works & Equipment - MD & VA
A & H Equipment - PA
Canada Cubex covers the Provinces from Manitoba to the west
SNT covers all Provinces from Ontario to the East.
Finally, all sales employees for Cargill are interchangeable and support each other and our
dealers. If needed, we go to an opportunity that is in another territory or assist a dealer with
any sale that they need assistance. So, every state in the USA and Canada is covered by a
Cargill employee as needed.
26 Dealer network or other distribution methods. Long Island Sanitation - Greater NYC area
Timmerman - NJ, and Orange & Rockland counties in NY
Virginia Public Works & Equipment - MD & VA
A & H Equipment - PA
Canada Cubex & SNT
27 Service force. Cargill services machines with a 3 tier process. We have employee technicians and dealer
support in the USA and Canada. In addition, our dealers are trained to support all of our
equipment. We ensure our dealers are always up to date on the latest technology and
frequently check their work by talking to their customers to ensure that the work has been
done to Cargill specifications. In addition, we do annual reviews of all dealers to ensure that
there have been no lapses in service by doing surveys, face to face meetings and calls with
customers.
28 Describe in detail the process and procedure Cargill has many ways to connect with our customers. They all start with a call to our 800-
of your customer service program, if 600-7258 for salt and 866-900-7258 for brine makers.
applicable. Include your response-time When a call comes in for a brine maker, it is answered from 8-5 M-F by an on call Cargill
capabilities and commitments, as well as any employee who is trained in servicing our machines. The Cargill employee can provide specific
incentives that help your providers meet your instructions on how to resolve an issue and a first line of defense strategy. 2. If needed, we
stated service goals or promises. have technicians who are strategically located throughout the USA and are trained in every
aspect of the machine and travel to agency location to do work on our machines. We are
typically able to successfully troubleshoot a machine within 1-2 hours by phone or up to 48
hours, for onsite, depending on schedules and the season. On calls after hours, we have an
answering service that takes the calls, forwards to a beeper and calls are made to assess the
situation and resolve or make plans for site visits to resolve the situation. Because we can
remote access machines, if the agency allows us to do so, many situations are resolved via
direct connection to the brine maker. If an agency does not permit remote access, we make
plans with the agency on how best to timely resolve an issue.
In addition, in dealer states, the dealer is the first line of service and then the agency also
has direct access to our 866 # as well and goes thru the same process as previously
described.
Finally, in the summer, our technicians make annual trips to our customers to do maintenance,
upgrades, updates, and any minor situations that are not critical to making brine but can
enhance to use of the machine.
29 Identify any geographic areas that you will NOT We cover all of North America, and specifically focus our attention on states that have winter
be fully serving through the proposed contract. related events including snow and ice. Brine is used where there is snow and ice, which
tends to be almost every state in the USA and Canada except for very small geographical
areas. We work directly with prospects thru Cargill sales people or our dealers, depending on
the location of the opportunity.
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30 Identify any Sourcewell Member sectors (i.e., We can and do service all Sourcewell members. Typically we do not see non-profits
government, education, not-for-profit) that you purchasing brine equipment, but we can absolutely service any sector who is a member of
will NOT be fully serving through the proposed Sourcewell. We verify if they are a Sourcewell member and let them know Cargill has a
contract. Explain in detail. For example, does Sourcewell contract.
your company have only a regional presence,
or do other cooperative purchasing contracts
limit your ability to promote another contract?
31 Define any specific contract requirements or We have many machines in Alaska and sell, service, maintain and support them in the exact
restrictions that would apply to our Members in same way as in the lower 48. The only difference is we get on an airplane and fly to assist
Hawaii and Alaska and in US Territories. an Alaskan agency versus typically driving in the lower 48.
We would service Hawaii the same way. Since brine makers and salt are more for winter
maintenance, it would be rare that we would sell to Hawaii but we would service them exactly
the same as the lower 48 if an agency from Hawaii purchased equipment or salt.
Marketing Plan
Line
Item Question Response
32 Describe your marketing strategy for All of our documents and literature pieces have the fact we are an "awarded contract" so that there
promoting this contract opportunity. is a clear visual that we are in a direct relationship with Sourcewell.
Upload representative samples of your In addition, all sales people carry Sourcewell brochures and if we find an agency is not a member
marketing materials (if applicable) in the of Sourcewell, we go into great detail to explain the benefits of the buying power and benefits of
document upload section of your belonging to Sourcewell. We have used those discussions many times to help add new members or
response. at least create awareness of the benefits of being a member.
33 Describe your use of technology and Cargill has multiple ways of advertising our products.
digital data (e.g., social media, metadata We do digital banner ads, we sponsor trade association newsletters, we do our own email blasts for
usage) to enhance marketing tradeshows and products. We also promote those products on Linkedln as well.
effectiveness. In addition, We are active on Linkedln & YouTube with our "Cargill Road Safety" showcase page,
and a Winter Maintenance YouTube page. We also have a Cargill Knowledge center blog that allows
agencies to access a wide variety of information developed by Dr. Scott Koefod, our Cargill scientist
who is an industry leading expert in the field of winter maintenance and what he has uncovered in
his 25+ years of researching the effects of salt and chemicals on snow and ice.
34 In your view, what is Sourcewell's role in Sourcewell's role is to continue to promote and encourage agencies of the wonderful benefits of
promoting contracts arising out of this being a member and signing the agencies up to take advantage of the buying power of the
RFP? How will you integrate a Sourcewell- organization.
awarded contract into your sales process? Cargill's role is to recognize if the agency is a member and make sure the agency takes advantage
of the relationship they have with Sourcewell in the buying process.
If the agency is not a member, Cargill sales professionals regularly talk with those agencies during
the sales process, explaining the benefits and directing them to the location on the website where
they can not only learn more about Sourcewell, but easily register as a member. Cargill sales
people have done this for years because we understand the benefits of an agency being a member
and how much easier it is for those agencies to purchase our products and services.
35 Are your products or services available Our salt customers can use our e-procurement service to place orders for salt.
through an e-procurement ordering All Cargill salt employees have the following message on their emails: Cargill Salt Store is now
process? If so, describe your e- available 24/7. Ask us how you can manage your account online at www.Cargillsaltstore.com We
procurement system and how also promote this in email blasts and in our conversations with agencies. We have found a
governmental and educational customers substantial increase in orders taken via e-procurement over the past year.
have used it.
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Value-Added Attributes
Line
Item Question Response*
36 Describe any product, equipment, Cargill offers white salt, treated salt, brine makers, truck fill stations and blending systems. We install,
maintenance, or operator training train and service all equipment we sell. We also offer pre-season, post-season shut down plans and
programs that you offer to Sourcewell maintenance plans. This ensures the peak and optimal experience with our equipment. We offer
Members. Include details, such as training refreshers, phone support and a host of additional services. Cargill is known in the industry
whether training is standard or as having the premier service in the industry.
optional, who provides training, and
any costs that apply.
37 Describe any technological advances Our brine maker has state of the art technology for monitoring of salinity levels. Our patented
that your proposed products or process of producing brine ensures brine is always the correct concentration. No one else in the
services offer. industry has this type of technology.
We are also the only modular system that allows an agency to build off their original purchase and
add functionality around the need to blend multiple additives. It gives an agency the ability to wisely
spend their funds versus having to pay for functionality they don't currently need or will never use.
The Truck Fill system has the capability of blending multiple products, at different ratios, and goes
directly into the truck. We have the ability to track and record production and loaded quantities.
Our systems can fill at multiple volumes from small saddle tanks to large tankers.
38 Describe any "green" initiatives that Our ClearLane product is the only salt product on the market that has the U.S. EPA Seal Design for
relate to your company or to your the Environment. www.epa.gov/dfe Customers have claimed to have reduced their salt usage by up
products or services, and include a to 30%. It has been tested and proven to be a better salt alternative for the environment based on
list of the certifying agency for each. the formula to reduce chlorides introduced into the environment. The pre-wet characteristics of
ClearLane make it adhere to the pavement better than regular salt. Once applied, the eco-conscious
de-icing chemical additives melt the ice quicker, provide longer residual effects and melt ice at colder
temperatures.
39 Identify any third-party issued eco- We have no eco-labels certifications and not applicable.
labels, ratings or certifications that
your company has received for the
equipment or products included in
your Proposal related to energy
efficiency or conservation, life-cycle
design (cradle-to-cradle), or other
green/sustainability factors.
40 Describe any Women or Minority Cargill is not a woman or minority owned business.
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners have
obtained. Upload documentation of
certification (as applicable) in the
document upload section of your
response.
41 What unique attributes does your Our brine maker has state of the art technology for monitoring of salinity levels. Our patented
company, your products, or your process of producing brine ensures brine is always the correct concentration. No one else in the
services offer to Sourcewell industry has this type of technology.
Members? What makes your We are also the only modular system that allows an agency to build off their original purchase and
proposed solutions unique in your add functionality around the need to blend multiple additives. It gives an agency the ability to wisely
industry as it applies to Sourcewell spend their funds versus having to pay for functionality they don't currently need or will never use.
members? The Truck Fill system has the capability of blending multiple products, at different ratios, and goes
directly into the truck. We have the ability to track and record production and loaded quantities.
Our systems can fill at multiple volumes from small saddle tanks to large tankers.
Cargill is privately owned multi national corporation that has been in business for more than 150
years. Our strength is in our diversity of products and services we offer that "nurtures the world".
42 Identify your ability and willingness to We are absolutely willing, can and do offer our products to Sourcewell agency members in Canada.
provide your products and services Cargill LTD sells all of our Road Safety products in our Canadian offices to our Canadian customers
to Sourcewell member agencies in including Sourcewell member agencies.
Canada.
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Warranty
Describe in detail your manufacturer warranty program,including conditions and requirements to qualify,claims procedure,and overall structure.You may
upload representative samples of your warranty materials(if applicable)in the document upload section of your response in addition to responding to the
questions below.
Line
Item Question Response
43 Do your warranties cover all products, parts, and labor? Yes, we have a 1 year parts and labor warranty on all of our equipment.
44 Do your warranties impose usage restrictions or other Our equipment has a general warranty with provisions.
limitations that adversely affect coverage?
45 Do your warranties cover the expense of technicians' If a technician is required during the warranty period, the travel time, labor and
travel time and mileage to perform warranty repairs? mileage are all covered.
46 Are there any geographic regions of the United States We are able to provide warranty and service work in every location we sell
(and Canada, if applicable) for which you cannot equipment.
provide a certified technician to perform warranty
repairs? How will Sourcewell Members in these regions
be provided service for warranty repair?
47 Will you cover warranty service for items made by All parts used on our equipment are part of our warranty.
other manufacturers that are part of your proposal, or
are these warranties issues typically passed on to the
original equipment manufacturer?
48 What are your proposed exchange and return programs We would deal with it on a case by case basis. Our sales and technical teams
and policies? work very closely with customers before the purchase to ensure there are not
reasons to expect or need a return.
49 Describe any service contract options for the items Our service contract items include pre-season, post-season shut down plans and
included in your proposal. maintenance plans. This ensures the peak and optimal experience with our
equipment. We offer training refreshers, phone support and a host of additional
services
Payment Terms and Financing Options
Line Question Response*
Item
50 What are your payment terms (e.g., net 10, net 30)? We are net 30 days.
51 Do you provide leasing or financing options, especially those We have begun working with National Cooperative Leasing. In the past,
options that schools and governmental entities may need to use agencies called them direct. We are now working to promote the
in order to make certain acquisitions? relationship that NCL has with Sourcewell and how they can use that
relationship to purchase Cargill brine maker equipment.
52 Briefly describe your proposed order process. Include enough All orders whether direct to an agency or via a dealer are processes thru
detail to support your ability to report quarterly sales to the Cargill District Manager. We have fields in our Sales Force CRM
Sourcewell as described in the Contract template. For example, system that identify if it is a Sourcewell sale, Sourcewell pricing,
indicate whether your dealer network is included in your membership fee, what the Agency Member # is, etc. All Sourcewell related
response and whether each dealer (or some other entity) will information is documented on our CRM automated order form and is
process the Sourcewell Members' purchase orders. captured at the moment it is placed into our system. We then track it for
internal reporting as well as reporting to Sourcewell. Our finance dept.
follows internal processes and compliance and also is internally audited on
a regular basis to ensure compliance with all internal regulations.
53 Do you accept the P-card procurement and payment process? If We would entertain this type of payment process if requested.
so, is there any additional cost to Sourcewell Members for using
this process?
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Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the
term of an awarded Contract as desribed in the RFP,the template Contract,and the Sourcewell Price and Product Change Request Form.
Line
Item Question Response
54 Describe your pricing model (e.g., line-item discounts or product- Cargill will provide the Sourcewell 2% fee along with a 2% discount to a
category discounts). Provide detailed pricing data (including Sourcewell Member for all brine makers.
standard or list pricing and the Sourcewell discounted price) on Individual SKU pricing is attached on the spreadsheet.
all of the items that you want Sourcewell to consider as part of
your RFP response. If applicable, provide a SKU for each item in Clear Lane Treated Salt will also be on a separate tab on the spreadsheet.
your proposal. Upload your pricing materials (if applicable) in the
document upload section of your response.
55 Quantify the pricing discount represented by the pricing proposal 2% discount 1 to 4 units purchased on one PO and an additional 1%
in this response. For example, if the pricing in your response (total 3%) for 5 or more units purchased on one PO for all brine makers.
represents a percentage discount from MSRP or list, state the
percentage or percentage range.
56 Describe any quantity or volume discounts or rebate programs If an agency were to purchase more than 5 machines on 1 PO, they would
that you offer. get an additional 1% discount.
57 Propose a method of facilitating "sourced" products or related Cargill will supply a quote for each such request.
services, which may be referred to as 'open market' items
or "nonstandard options". For example, you may supply such
items "at cost' or "at cost plus a percentage," or you may supply
a quote for each such request.
58 Identify any element of the total cost of acquisition that is NOT There are no additional costs to our equipment other than the price of the
included in the pricing submitted with your response. This includes machine, labor and freight.
all additional charges associated with a purchase that are not If there are any custom requirements, Cargill will supply a quote for each
directly identified as freight or shipping charges. For example, list such request.
costs for items like pre-delivery inspection, installation, set up,
mandatory training, or initial inspection. Identify any parties that
impose such costs and their relationship to the Proposer.
59 If freight, delivery, or shipping is an additional cost to the Freight is sourced via multiple carriers and we always use the least
Sourcewell Member, describe in detail the complete freight, expensive to the customer and that cost is passed on with no markup.
shipping, and delivery program.
60 Specifically describe freight, shipping, and delivery terms or We source the most cost effective way to transport equipment to all
programs available for Alaska, Hawaii, Canada, or any offshore locations including Alaska and Hawaii and anyplace in North America we
delivery. sell our equipment, and the cost is passed on to the customer without
markup.
61 Describe any unique distribution and/or delivery methods or Agencies are always welcome to schedule their own pick up or use their
options offered in your proposal. own transportation methods, but Cargill has very close and strong national
relationships with many Carriers, including our own, that make it very cost
effective and is always a pass through.
Pricing Offered
Line The Pricing Offered in this Proposal is:* Comments
Item
62 c.better than the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing departments. 2% discount 1 to 4 units on
one PO and an additional 1%
(total 3%) for 5 or more on
one PO.
Pricing for ClearLane treated
Salt is also included on a
seperate tab on the
spreadsheet.
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Audit and Administrative Fee
Line
Item Question Response*
63 Specifically describe any self-audit process or program that you plan to We have an entire team that verifies and manages orders and
employ to verify compliance with your proposed Contract with Sourcewell. billing. Every order is verified especially when it has unique pricing
This process includes ensuring that Sourcewell Members obtain the proper such as Sourcewell.
pricing, that the Vendor reports all sales under the Contract each quarter, All District Mangers have a unique pricing sheet that identifies
and that the Vendor remits the proper administrative fee to Sourcewell. Sourcewell pricing so that they are using the correct pricing for that
project being quoted.
Our District Managers know the benefits of Sourcewell so we are
careful to always use that pricing to give the agency, Cargill and
Sourcwell the advantages the contract offers.
All Sourcewell sales are also tracked and processed in our Sales
Force CRM application for internal audit and verification.
64 Identify a proposed administrative fee that you will pay to Sourcewell for Cargill is very comfortable paying a fee for the opportunity to use
facilitating, managing, and promoting the Sourcewell Contract in the event Sourcewell to assist us in closing sales. We completely understand
that you are awarded a Contract. This fee is typically calculated as a the benefit of the contract and what it brings to the table and how
percentage of Vendor's sales under the Contract or as a per-unit fee; it it alleviates the need to go out to bid. We understand that there
is not a line-item addition to the Member's cost of goods. (See the RFP is a cost to managing contracts and the organization as a whole.
and template Contract for additional details.) We have paid 2% in the past and completely agree with and
understand the fee.
Industry Specific Questions
Line Question Response*
Item
65 What environmental impacts or benefits do Using brine via a brine maker has a significant impact to the environment. It has been noted
your products provide? by leading industry analysts such as the Salt Institute and PNS, that agencies who use brine
can reduce their salt usage by up to 30%.
The Cargill brine maker system is calibrated so that it can automatically produce brine at the
correct concentration and uses the correct amount of salt to make the most ideal brine, which
also then reduces salt consumption and has a positive impact on the environment.
66 Describe the results of any reliability or After design, Cargill conducts at least one year of field testing on equipment before putting
durability testing on the equipment or products into production. if any modifications are needed to make the machine more efficient, they will
included in your proposal. be implemented before going to production.
67 If you are awarded a contract, provide a few Once we are awarded a contract, we have site specific requirements for optimal equipment
examples of internal metrics that will be operation. Once prepared, the sight contacts Cargill to confirm they are ready for installation.
tracked to measure whether you are having The technician installs the machine and runs the machine to ensure it is properly operating.
success with the contract. Then training is provided for the maintenance and operations teams at the agency.
After installation and training, the Cargill District Manager will
follow up on a seasonal basis to ensure the machine is fully operational and we then offer
maintenance and service contracts for optimization.
Exceptions to Terms, Conditions, or Specifications Form
Line Item 67. NOTICE:To identify any exception,or to request any modification,to the Sourcewell template Contract terms,conditions,or specifications,a
Proposer must submit the exception or requested modification on the Exceptions to Terms,Conditions,or Specifications Form immediately below.
The contract section,the specific text addressed by the exception or requested modification,and the proposed modification must be identified in detail.
Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract.
Contract Section Term,Condition,or Specification Exception or Proposed Modification
Documents
Ensure your submission document(s)conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel,or compatible formats may also be provided.
2. Documents should NOT have a security password,as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded
document(s)are not either defective,corrupted or blank and that the documents can be opened and viewed by Sourcewell.
DocuSign Envelope ID: F7453AEC-FC77-441 D-B203-9B98BADECF7E
3.Sourcewell may reject any response where any document(s)cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one(1)document for a single item,you should combine the documents into one zipped file. If the zipped file contains
more than one(1)document, ensure each document is named,in relation to the submission format item responding to. For example,if responding to the
Marketing Plan category save the document as"Marketing Plan."
• Financial Strength and Stability-financial references letter 18-19.docx-Wednesday April 24,2019 08:15:45
• Marketing Plan/Samples-Cargill IRS Marketing Plan.docx-Wednesday April 24,2019 12:40:10
• WMBE/MBE/SBE or Related Certificates-MN Depart Workforce Certificate(AAP)(003).pdf-Monday May 13,2019 12:11:04
• Warranty Information-Warranty Documents 8-2016.zip-Wednesday April 24,2019 08:22:42
• Pricing-Sourcwell product line pricing 2019-2020.xlsx-Monday May 27,2019 15:31:32
• Additional Document(optional)
DocuSign Envelope ID: F7453AEC-FC77-441 D-B203-9B98BADECF7E
Proposers Assurance of Comp
PROPOSER ASSURANCE OF COMPLIANCE
PROPOSER'S AFFIDAVIT
The undersigned,authorized representative of the entity submitting the foregoing proposal(the"Proposer"),swears that the following statements are true to
the best of his or her knowledge.
1. The Proposer is submitting its proposal under its true and correct name,the Proposer has been properly originated and legally exists in good
standing in its state of residence,the Proposer possesses,or will possess before delivering any products and related services,all applicable licenses
necessary for such delivery to Sourcewell member agencies.The undersigned affirms that he or she is authorized to act on behalf of,and to legally
bind the Proposer to the terms in this Contract.
2. The Proposer,or any person representing the Proposer,has not directly or indirectly entered into any agreement or arrangement with any other vendor
or supplier,any official or employee of Sourcewell,or any person,firm,or corporation under contract with Sourcewell,in an effort to influence the
pricing,terms,or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP.
3. The contents of the Proposer's proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or
agent of the Proposer and will not be communicated to any such persons prior to the official opening of the proposals.
4. The Proposer has examined and understands the terms,conditions,scope,contract opportunity,specifications request,and other documents in this
solicitation and affirms that any and all exceptions have been noted and included with the Proposer's Proposal.
5. The Proposer will,if awarded a Contract,provide to Sourcewell Members the/products and services in accordance with the terms,conditions,and
scope of this RFP,with the Proposer-offered specifications,and with the other documents in this solicitation.
6. The Proposer agrees to deliver products and services through valid contracts,purchase orders,or means that are acceptable to Sourcewell
Members. Unless otherwise agreed to,the Proposer must provide only new and first-quality products and related services to Sourcewell Members
under an awarded Contract.
7. The Proposer will comply with all applicable provisions of federal,state,and local laws,regulations,rules,and orders.
8. The Proposer understands that Sourcewell will reject RFP proposals that are marked"confidential"(or"nonpublic,"etc.),either substantially or in their
entirety. Under Minnesota Statute§13.591,Subd.4,all proposals are considered nonpublic data until the evaluation is complete and a Contract is
awarded.At that point, proposals generally become public data. Minnesota Statute§13.37 permits only certain narrowly defined data to be
considered a"trade secret,"and thus nonpublic data under Minnesota's Data Practices Act.
The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic,and it agrees to defend and indemnify Sourcewell
for reasonable measures that Sourcewell takes to uphold such a data designation.
r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit,have the legal authority to submit this Proposal on behalf of
the Proposer,and that this electronic acknowledgment has the same legal effect,validity,and enforceability as if I had hand signed the Proposal. This
signature will not be denied such legal effect,validity,or enforceability solely because an electronic signature or electronic record was used in its formation.
- Chet Womack,Cargill Road Safety Government Sales Lead
The Applicant declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission,and/or the Applicant foresees an
actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
r- Yes (- No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column"I have reviewed this addendum"below to acknowledge each of the addenda.
I have reviewed the
File Name below addendum and Pages
attachments(if
applicable)
Addend um_1_Salt_Brine_RFP#052919 r
Fri May 10 2019 09:19 AM
DocuSign Envelope ID:44502B33-948B-4319-84EA-7FB3C4503740
AMENDMENT#1
TO
CONTRACT#052919-CGI
THIS AMENDMENT is by and between Sourcewell and Cargill Salt d/b/a Cargill Road Safety
(Vendor).
Vendor was awarded a Sourcewell Contract for Salt, Brine, and Anti-Icing Agents, and Brine
Production and Storage Systems effective July 23, 2019, through July 17, 2023, relating to the
provision of services by Vendor and to Sourcewell and its Members (Original Agreement).
The parties agree that certain terms within the Original Agreement will be updated and
amended and only to the extent as hereunder provided.
IN CONSIDERATION OF the mutual covenants and agreements described in this Amendment,
the parties agree as follows:
1. This Amendment is effective upon the date of the last signature below.
2. Section 20. Insurance, Subsection A. Requirements, Item #5 Professional/Technical
Errors and Omissions in the Original Agreement is deleted in its entirety.
3. Section 20. Insurance, Subsection A. Requirements, Item #6 Network Security and
Privacy Liability Insurance in the Original Agreement are deleted in their entirety.
Remainder of page intentionally left blank.
Page 1 of 2
DocuSign Envelope ID:44502B33-948B-4319-84EA-7FB3C4503740
Except as amended by this Amendment, the Original Agreement remains in full force and
effect.
Sourcewell Cargill Salt d/b/a Cargill Road Safety
DocuSigned by: Docu Signed by:
B y SGu�n�aVf� B UJ6v'Aa&
COFD2A139D16489... B3AD73268567403...
Aut o... bnl— Aut o..� � a.,�.�.
Jeremy Schwartz Chet Womack
Name — Printed Name— Printed
Title: Director of Operations & Procurement/CPO Title: Government Sales Lead
Date:
6/4/2020 1 7:21 AM CDT Date: 6/4/2020 1 5:18 AM PDT
Sourcewell—APPROVED:
DocuSigned by:
Authc"7E42B8F817A64CC...
Chad Coauette
Name — Printed
Title: Executive Director/CEO
Date: 6/4/2020 1 7:51 AM CDT
Page 2 of 2
Exhibit C
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23,84th Leg., Regular Session. OFFICEUSEONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who [)ate Received
has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1),Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An
offense under this section is a misdemeanor.
Name of vendor who has a business relationship with local governmental entity.
L
Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
12J Name of local government officer about whom the information is being disclosed.
Uv M
Name of Officer
4 Describe each employment or other business relationship with the local government officer, or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
FlYes E] No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
a Yes a No
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership interest of one percent or more.
s
Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as escribed in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
Q
b'z-
Si17Aire of 14endor doing business with the governmental entity Date
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.Iegis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§ 176.006(a)and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection (a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021