HomeMy WebLinkAboutC12-127 GMCO Corporation Agreement AGREEMENT FOR MAGNESIUM CHLORIDE PROJECT
THIS AGREEMENT is dated as of the g0 day of la-E, 2012, by and between
Eagle County, Colorado, a body corporate and politic, actin by d thr ugh its Boar of
County Commissioners (hereinafter called "Owner "), and (
(hereinafter called "Contractor").
Owner and Contractor, in consideration of the mutual covenants set forth, agree as
follows:
ARTICLE 1 - WORK
Contractor shall complete all work as specified or indicated in the Contract Documents
( "Work "). The Work is generally described as: 2012 MAGNESIUM CHLORIDE
PROJECT AS SPECIFIED IN EXHIBIT "A" which is attached hereto and incorporated
by this reference.
ARTICLE 2 - OWNER'S REPRESENTATIVE
The Project is under the authority of the Eagle County Road & Bridge Department, the
Director of which, or his designee, shall be Owner's liaison with Contractor with respect
to the performance of the Work.
ARTICLE 3 - CONTRACT TIME
3.1 The Work will be completed and ready for final payment in accordance with the
Contract Documents on or before November 30 2012
3.2 LIQUIDATED DAMAGES: Owner and Contractor recognize that time is of the
essence of this Agreement and that Owner will suffer financial loss if the Work
is not substantially complete within the time specified in paragraph 3.1 above,
plus any extensions thereof allowed in accordance with the General Conditions.
They also recognize the delays, expense, and difficulties involved in proving a
legal or arbitration preceding the actual loss suffered by Owner if the Work is
not substantially complete on time. Accordingly, instead of requiring such proof,
Owner and Contractor agree that as liquidated damages for delay (but not as a
penalty) Contractor shall pay Owner Three Hundred dollars ($300.00) for each
day that expires after the time specified in paragraph 3.1 for completion until the
Work is complete.
Agreement Page 1
CA -124-
1
.
ARTICLE 4 - CONTRACT PRICE
4.1 The funds appropriated for this project are equal to or in excess of the contract
amount.
4.2 Owner shall pay Contractor for performance of the Work in accordance with the
Contract Documents in current funds as follows: PROGRESSIVE PAYMENTS
UPON COMPLETION OF EACH AREA AS SPECIFIED IN EXHIBIT "A ".
4.3 Pursuant to the provisions §24 -91- 103.6, C.R.S., and notwithstanding anything
to the contrary contained elsewhere in the Contract Documents, no change
order or other form of order or directive by Owner, and no amendment to this
Agreement, requiring additional compensable work to be performed which work
causes the aggregate amount payable under the Agreement to exceed the
amount appropriated for the original Agreement, shall be of any force or effect
unless accompanied by a written assurance by Owner that lawful appropriations
to cover the costs of the additional work have been made or unless such work
is covered under a remedy - granting provision in the Agreement.
4.4 The Board of County Commissioners for Eagle County is a governmental entity.
All obligations beyond the current fiscal year are subject to funds being
budgeted and appropriated.
ARTIC E 5 - PAYMENT PROCEDURES
Contra or shall submit Applications for Payment in accordance with the General
Conditi ns. Applications for Payment will be processed as provided in the General
Conditions.
5.1 PROGRESS PAYMENTS: Owner shall make monthly progress payments on
account of the Contract Price on the basis of Contractor's Applications for
Payments, as provided below. All progress payments will be on the basis of the
progress of the Work.
5.1.1 1 Prior to Completion, progress payments will be in an amount equal to:
90% of the Work completed until fifty percent (50 %) of the Work is
performed, after which no additional retaining shall be withheld, and
1
90% of materials and equipment not incorporated in the Work but
delivered and suitably stored less in each case the aggregate of
payment previously made.
I ,
Agreement Page 2
5.1.2 Progress payments and retained funds shall occur in compliance with
Paragraph 19 of the General Conditions attached hereto and C.R.S. §24 -91-
103. The Owner shall authorize partial payments of properly requested
amounts of at least ninety percent of the calculated value of the work completed
until fifty percent of the work required under the Agreement has been
performed. Thereafter, the Owner shall authorize partial payments of any other
properly requested amounts without retaining additional funds if, in the opinion
of the Owner, satisfactory progress is being made in the work. The withheld
amounts of the contract price will be retained by the Owner until the contract is
completed satisfactorily and accepted by the Owner.
5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with
the General Conditions, Owner shall pay the remainder of the Contract Price.
The final payment shall not be made until after final settlement of this contract
has been duly advertised at least ten days prior to such final payment by
publication of notice thereof at least twice in a public newspaper of general
circulation published in Eagle County, and the Board of County Commissioners
has held a public hearing, thereupon and complied with the C.R.S. §38 -26 -107.
Final payment shall be made in accordance with the requirements of the
aforesaid statute.
ARTICLE 6 - Contractor's REPRESENTATIONS
In order to induce Owner to enter into this Agreement Contractor makes the following
representations:
6.1 Contractor has familiarized himself with the nature and extent of the Contract
Documents, Work, locality, and with all local conditions, and federal, state, and
local laws, ordinances, rules and regulations that in any manner may affect
cost, progress, or performance of the Work.
6.2 Contractor has made, or caused to be made, examinations, investigations, and
tests and studies of such reports and related data as he deems necessary for
the performance of the Work at the Contract Price, within the Contract Time,
and in accordance with other terms and conditions of the Contract Documents;
and no additional examinations, investigations, tests, reports, or similar data
are, or will be required by Contractor for such purposes.
6.3 Contractor has correlated the results of all such observations, examinations,
investigations, tests, reports, and data with the terms and conditions of the
Contract Documents.
6.4 Contractor has given Owner written notice of all conflicts, errors, or
discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by Owner is acceptable to Contractor.
Agreement Page 3
6.5 In performing the work under this Agreement, the Contractor acts as an
independent contractor and is solely responsible for necessary and adequate
worker's compensation insurance, personal injury and property damage
insurance, as well as errors and omissions insurance. The Contractor, as an
independent contractor, is obligated to pay federal and state income tax on
moneys earned. The personnel employed by the Contractor are not and shall
not become employees, agents or servants of the Owner because of the
performance of any work by this Agreement.
ARTICLE 7 - CONTRACT DOCUMENTS
The Contract Documents which comprise the entire Agreement are made a part hereof,
and consist of the following:
7.1 This Agreement.
7.2 I Contractor's Bid.
7.3 Performance and other Bonds.
7.4 Notice of Award and, if any, Notice to Proceed.
7.5 General Conditions (Pages 1 to 10, inclusive).
7.6 Specifications and Drawings (if any)
7.7 Any modification, including Change Orders, duly delivered after execution of
Agreement.
7.8 The parties acknowledge and agree that the terms and conditions of this
Agreement (7.1) and the General Conditions (7.5) attached hereto, shall
supersede and control over any inconsistent or contrary provision in any other
attachment or agreement.
There are no Contract Documents other than those listed above in this Article 7. The
Contrac4t Documents may only be altered, amended, or repealed by an executed,
written mendment to this Agreement.
ARTIC E 8 - BONDS
Not lat r than five business days following the execution of this Agreement, Contractor
shall d liver to the Owner the bonds required by the Contract Documents, and,
notwith tanding anything to the contrary contained in the Contract Documents, Owner
shall have no liability or obligation hereunder unless and until the bonds have been so
delivered.
Agreement Page 4
ARTICLE 9 - MISCELLANEOUS
9.1 No assignment by a party hereto of any rights under, or interests in the Contract
Documents will be binding on another party hereto without the written consent
of the party sought to be bound; and specifically, but without limitation, moneys
that may become due and moneys that are due may not be assigned without
such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor
from any duty or responsibility under the Contract Documents.
9.2 Owner and Contractor each binds himself, his partners, successors, assigns
and legal representatives to the other party hereto, in respect to all covenants,
agreements, and obligations contained in the Contract Documents.
9.3 ATTORNEY'S FEES: In the event of litigation between the parties hereto
regarding the interpretation of this Agreement, or the obligations, duties or
rights of the parties hereunder, or if suit otherwise is brought to recover
damages for breach of this Agreement, or an action be brought for injunction or
specific performance, then and in such events, the prevailing party shall recover
all reasonable costs incurred with regard to such litigation, including reasonable
attorney's fees.
9.4 APPLICABLE LAW: This Agreement shall be governed by the laws of the State
of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising
under, or in connection with this Agreement shall be exclusive in Eagle County,
Colorado.
9.5 INTEGRATION: This Agreement supersedes all previous communications,
negotiations and /or contracts between the respective parties hereto, either
verbal or written, and the same not expressly contained herein are hereby
withdrawn and annulled. This is an integrated agreement and there are no
representations about any of the subject matter hereof except as expressly set
forth in the Contract Documents.
Agreement Page 5
. 1.
9.6 NOTICE: Any notice and all written communications required under this
Agreement shall be (i) personally delivered, (ii) mailed in the United States
mails, first class postage prepaid, or (iii) transmitted by facsimile machine
together with a hard copy conveyed by delivery or mail, to the appropriate party
at the following addresses:
County:
With a copy to:
Board of County Commissioners, Eagle County Road & Bridge
Eagle County, Colorado P. O. Box 250
P. O. Box 850 Eagle, CO 81631
Eagle, CO 81631 Telephone: (970) 328 -3540
Telephone: (970) 328 -8605 Fax: (970) 328 -3546
Fax: (970) 328 -7207
Contractor:
GMCO Corporation
P.O. Box 1480
Rifle, CO 81650
Mailed notices will be deemed given three business days after the date of
eposit in a regular depository of the United States Postal Service, and Fax
otices will be deemed given upon transmission, if during business hours, or the
ext business day. Either party can change its address for notice by notice to
he other in accordance with this paragraph.
I
PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES:
If Contractor /Consultant has any employees or subcontractors, Contractor /Consultant shall
comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens Public Contracts for
Service- and this Contract. By execution of this Contract, Contractor /Consultant certifies that it
does no knowingly employ or contract with an illegal alien who will perform under this
Contrac and that Contractor /Consultant will participate in the E -verify Program or other
Depa ent of Labor and Employment program ( "Department Program ") in order to confirm the
eligibili of all employees who are newly hired for employment to perform work under this
Contrac .
. Contractor /Consultant shall not:
(i) Knowingly employ or contract with an illegal alien to perform work under
this contract for services; or
(ii) Enter into a contract with a subcontractor that fails to certify to the
Contractor /Consultant that the subcontractor shall not knowingly employ
or contract with an illegal alien to perform work under the public contract
for services.
i
Agreement Page 6
B. Contractor /Consultant has confirmed the employment eligibility of all employees
who are newly hired for employment to perform work under this Contract through
participation in the E -verify Program or Department Program, as administered by
the United States Department of Homeland Security. Information on applying for
the E -verify program can be found at:
http: / /www.dhs.gov /xprevprot/programs /gc 1185221678150. shtm
C. The Contractor /Consultant shall not use either the E -verify program or other
Department Program procedures to undertake pre - employment screening of job
applicants while the public contract for services is being performed.
D. If the Contractor /Consultant obtains actual knowledge that a subcontractor
performing work under the public contract for services knowingly employs or
contracts with an illegal alien, the Contractor /Consultant shall be required to:
(i) Notify the subcontractor and the County within three days that the
Contractor /Consultant has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to subparagraph (i) of the paragraph
(D) the subcontractor does not stop employing or contracting with the
illegal alien; except that the Contractor /Consultant shall not terminate the
contract with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien.
E. The Contractor /Consultant shall comply with any reasonable request by the
Department of Labor and Employment made in the course of an investigation that
the department is undertaking pursuant to its authority established in C.R.S. § 8-
17.5- 102(5).
F. If a Contractor /Consultant violates these prohibitions, the County may terminate
the contract for a breach of the contract. If the contract is so terminated
specifically for a breach of this provision of this Contract, the
Contractor /Consultant shall be liable for actual and consequential damages to the
County as required by law.
G. The County will notify the office of the Colorado Secretary of State if
Contractor /Consultant violates this provision of this Contract and the County
terminates the Contract for such breach.
Agreement Page 7
IN WIT ESS WHEREOF, the parties have executed this Agreement this 1 day of
EAGLE COUNTY, COLORADO
By and through its Board of County
Commissioners
ATTESt o � 0GLE A
Clerk of the Boa ` of 0 o4,40. 0 Peter Runyon
Coun0 Commissioners Chairman
ly-i '.�__ t�upvi
"Contractor ":
GMCO Corporation
By:
eremy derson
Pres' ent
STATE OF COLORADO
.) ) ss:
County of --L-4e )
The fore oing instr a� nt was apknowledged before me by , ��
this , day of Lz., , 2012.
My ommi expires: „. --• /3 / 4
'rotary Publiv
Agreem4nt Pa e8
g
BID OPENING RECORD SHEET 1OTrj arn
Project Name: 2012 Mag Project Date: Wednesday, February 29, 2012
Bidder Time # Bid Price
� i�i G �f5`7c% X677 05C) . e7)
TOTAL 07 '7G)5(). a)
Bidder Time PteOact# Bid Price
.0-'/ Vi hal /0.1/7) ./1-k,,/,5,1) .2q9 q751
299 9'75/0
Bidder Time Project # Bid Price
TOTAL
Bidder Time Project # Bid Price
TOTAL $0.00
(Receipt of all of which is hereby acknowledged) and also copies of the
Advertisement of Invitation to Bid and the Instructions to Bidders;
(b) BIDDER has examined the site and locality where the work is to be
performed, the legal requirements (federal, state, and local laws,
ordinances, rules, and regulations), and the conditions affecting cost,
progress, or performance of the work, and has made such independent
investigations as BIDDER deems necessary;
(c) This bid is genuine, and not made in the interest of, or on behalf of, any
undisclosed person, firm, or corporation, and is not submitted in
conformity with any agreement or rules of any group, association,
organization, or corporation; BIDDER has not, directly or indirectly,
induced nor solicited any other bidder to submit a false or sham bid;
BIDDER has not solicited nor induced any person, firm, or corporation to
refrain from bidding; and BIDDER has not sought by collusion to obtain for
himself any advantage over any other bidder or over OWNER.
4. BIDDER will complete the work for the following lump sum and unit prices:
PLEASE USE EXHIBIT "A" FOR BID PRICES
5. .BIDDER agrees that work will be completed on or before November 30, 2012.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the
event of failure to complete the work on time.
6. The following documents are attached to and made a condition of this bid:
(a) Required bid security in the form of a certified or bank check or bid bond.
7. Communication concerning this bid shall be addressed to the address of BIDDER
indicated below:
GMCO Corporation
P.O. Box 1480
Rifle, CO 81650
Phone Number 970 - 625 -91 00
8. The terms used in this bid which are defined in the General Conditions of the
construction contract included as part of the Contract Documents have the
meanings assigned to them in the General Conditions.
SUBMITTED ON February 2 9 , , 2012.
•
A Corporation
By: GMCO Corporation
(Corporation Name)
Colorado
(State of Corporation)
BY — %A - Jeremy Henderson
. ame of Person Authorized to Sign)
President
(Title)
(CORPO • . TE SEAL
Attest SAL.,
BLsiness Address: - P.Q. Box 1 480 Rifle, CO 81 650
Phone Number: 970
_®..- MATERIAL SAFETY DATA SHEET
1. Product and Company Identification
Product Name Magnesium Chloride Aqueous Solution
CAS # Mixture
Product use Dust supression, deicing, general industrial, and speciality uses.
Manufacturer Great Salt Lake Minerals Corporation
9900 West 109th Street, Suite 600
Overland Park, KS 66210 US
Phone: 913 -344 -9200
Supplier Compass Minerals International
9900 West 109th Street, Suite 600
Overland Park, KS 66210 US
Phone: 913- 344 -9200
Website: www.compassminerals.com
CHEMTREC 1 -800- 424 -9300
CANUTEC 1- 613 - 996 -6666
' LEGEND
HMIS /NFPA Health �A
Severe as
Serious 3
i Moderate 2 Physical Hazard 0 •
O
Slight 1 I I ,'
•
•
Personal Protection r G I
Minimal 0
2. Hazards Identification
Emergency overview CAUTION
MAY CAUSE EYE IRRITATION.
Potential short term health effects
Routes of exposure Eye, Skin contact, Inhalation, Ingestion.
Eyes May cause irritation.
Skin Non - irritating to the skin.
Inhalation May cause respiratory Tract irritation.
Ingestion May cause stomach distress, nausea or vomiting.
Target organs Not available
Chronic effects None known.
Signs and symptoms Symptoms of overexposure may be headache, dizziness, tiredness, nausea and
vomiting.
3. Composition / Information on Ingredients
Ingredient(s)
CAS # Percent
Water
7732 -18 -5 40 - 70
Magnesium chloride, hexahydrate
7791-18-6 15 40
4. First Aid Measures
First aid procedures
Eye contact Flush with cool water. Remove contact lenses. if applicable, and continue flushing.
Obtain medical attention if irritation persists.
Skin contact Flush with cool water. Wash with soap and water. Obtain medical attention if irritation
develops.
Inhalation If symptoms develop move victim lo fresh air. II symptorns persist, obtain medical
attention.
Ingestion Do not induce vomiting. Rinse mouth with water, then drink one or two glasses of water.
Obtain medical attention. Never give anything by mouth it victim is unconscious, or is
convulsing.
- - --
P; 1 of 5 Issue clele f2,- Jan -2007
•
General advice None Available.
S. Fire Fighting Measures
Flammable properties Not flammable by WHMIS /OSHA criteria.
Extinguishing media
Suitable extinguishing media Treat for surrounding material.
Unsuitable extinguishing media Not available
Protection of firefighters
Specific hazards arising from Not available
the chemical
Protective equipment for Firefighters should wear full protective clothing including self contained breathing
firefighters apparatus.
Hazardous combustion products May include and are not limited to: Halogenated compounds. Hydrogen chloride.
Explosion data
Sensitivity to mechanical Not available
impact
Sensitivity to static discharge Not available
6. Accidental Release Measures
•
Personal precautions Before attempting clean up, refei to hazard data given above. Srrialt spills may be
•
absorbed with non - reactive absorbent and placed in suitable, covered, labelled
containers. Finish cleaning by spreading water on the affected surface and dispose of
according to local and regional authority requirements.
Methods for containment None necessary.
Methods for cleaning up Before attempting clean up, refer to hazard data given above. Small spills may be
absorbed with non- reactive absorbent and placed in suitable, covered, labelled
containers. Finish cleaning by spreading water on the affected surface and dispose of
according to local and regional authority requirements.
7. Handling and Storage
Handling Use good industrial hygiene practices in handling this material. Avoid breathing vapors
or mists of this product.
Storage Keep out of reach of children. Store in a closed container away from incompatible
materials.
8. Exposure Controls / Personal Protection
Exposure limits
Ingredient(s)
Exposure Limits
Magnesium chloride, hexahydrate
ACGIH -TLV
Not established
OSHA - PEL
Not established
Water
ACGIH -TLV
Not established
O SI - PEL
Not established
Page 2 ul 5 _— dale
(ES. Jan. 2007
. Engineering controls TWA PEL: No specific limits have been established for magnesium chloride (a soluble
substance). As a guideline, OSHA (United States) has established the following limits
which are generally recognized for inert or nuisance dust. Particulates Not Otherwise
Regulated (PNOR): 5mg/cu.m. Respirable Dust 8 -Hour TWA PEL, 15mg/cu.m. Total
Dust 8 -Hour TWA PEL.
TWA TLV: No specific limits have been established for magnesium chloride (a soluble
substance). As a guideline, ACGIH (United States) has established the following limits
which are generally recognized for inert or nuisance dust. Particulates (insolubles) Not
Otherwise Classified (PNOC): 10mg/cu.m. Inhalable Particulate 8 -Hours TWA TLV,
3mg/cu.m. Respirable Particulate TWA TLV.
Use process enclosures, local exhaust ventilation, or other engineering controls to
control airborne levels below recommended exposure limits.
Personal protective equipment
Eye / face protection Safety glasses or goggles.
Hand protection Rubber gloves. Confirm with a r eputable supplier first.
Skin and body protection As required by employer code.
Respiratory protection Where exposure guideline levels may be exceeded, use an approved PPrpved NIOSH respirator
or NIOSH- approved filtering epiece.
• General hygiene considerations Handle in accordance with good industrial hygiene and safety practice: When using do
not eat or drink. Wash hands before breaks and immediately atter handling the product.
9. Physical & Chemical Properties
Appearance Liquid.
Color Colourless to light amber.
Form Liquid
Odor Odorless.
Odor threshold Not available
Physical state Liquid.
pH 7 - 9 (5% solution)
Melting point Not available
Freezing point -18.33 °C ( -1 °F) (30% solution,
periodically mixed to ensure homogeneity)
g point 107.22 °C (224.99 °F)
Flash point None
Evaporation rate Not available
Flammability limits in air, lower, % Not applicable
byvolume
Flammability limits in air, upper, % Not applicable
by volume
Vapor pressure Not available
Vapor density Not available
Specific gravity 1.24 - 1.34 (H20 = 1)
Octant/ water coefficient Not available
Solubility (H20) Easily soluble in cold water, hot water, methanol, acetone.
Auto-ignition temperature Not available
Percent volatile Not available
10. Chemical Stability & Reactivity Information
Chemical stability Stable.
Conditions to avoid Do not mix with other chemicals.
Incompatible materials Oxidizing agents. Acids.
Hazardous decomposition products May include and are not limited to: Halogenated compounds. Hydrogen chloride.
Possibility of hazardous reactions Hazardous polymerization does not occur.
Page 3 of 5 issue dale - - - - -
05..lar, 2007
11. Toxicological Information
Component analysis - LC50
Ingredient(s)
LC50
Magnesium chloride, hexahydrate
Not available
Water
Nol available
Component analysis - Oral LD50
Ingredient(s)
LD50
Magnesium chloride, hexahydrate
8100 mg/kg rat: 7600 mg/kg mouse
Water
Effects of acute exposure 14500 mg/kg rat
Eye May cause irritation.
Skin Non - irritating to the skin.
Inhalation May cause respiratory tract irritation.
Ingestion May cause stomach distress, nausea or vomiting.
Sensitization Not classified or listed by IARC, NTP, OSHA and ACGIH.
Chronic effects Not classified or listed - by IARC, NTP. OSHA and ACGIH.
Carcinogenicity Not classified or listed by IARC, NTP, OSHA and ACGIH.
Mutagenicity Not classified or listed by. IARC, NTP, OSHA and ACGIH.
Reproductive effects Not classified or listed by IARC, NTP, OSHA and ACGIH.
Teratogenicity Not classified or listed. by' IARC, NTP, OSHA and ACGIH.
•
12. Ecological Information
Ecotoxicity Maybe harmful to freshwater s aquatic
Environmental effects q pecies and to plants that are not saline tolerant.
Not available
Aquatic toxicity Not available
Persistence / degradability Not available
•
Bioaccumulation / accumulation Not available
Partition coefficient Not available
Mobility in environmental media Not available
Chemical fate information Not available
13. Disposal Considerations
Waste codes Not available
Disposal instructions Waste must be disposed of in accordance with federal. state /provincial and local
environmental control regulations.
Waste from residues / unused Not available
products
Contaminated packaging Not available
14. Transport Information
Department of Transportation (DOT)
Nol regulated as dangerous goods.
Transportation of Dangerous Goods (TDG)
• Not regulated as dangerous goods.
15. Regulatory Information
. Canadian federal regulations This product has been classified in accordance with the hazard criteria of the Controlled
Products Regulations and the MSDS contains all the information required by the
Controlled Products Regulations.
US Federal regulations This product is not known to be a "Hazardous Chemical" as defined by the OSHA
Hazard Communication Standard. 29 CFR 191 0.1200.
CERCLA/SARA Hazardous Substances - Not applicable.
n15618 —
Page 4 GI 5
Issue date
■
•
. fi
North American
..4 ::.:''''''
• Salt Company
8300 College 13nulcvarJ a:y;r.
Overland ark, Kansas C, 6210
Phone 800.344.9)90 390 Fax 800 338 -7979 45
DUSTGARD® LIQUID
Y
PRODUCTION LOCATION
Ogden, Utah
PRODUCT DESCRIPTION
Magnesium chloride brine produced from Great Salt Lake
by evaporation. DustGard is formulated to control dust
and stabilize soil on unpaved roads, stockpiles, and other
sources of fugitive dust. A corrosion inhibitor is available
to enhance product performance.
C
DustGilyd Liquid is a tan to dark brown liquid with a I'I-! YSICAL PROPERTIES
•
Specific Gravity l 3 t +7_
density of approximately 185 gallons per ton.
_ 02
pH (5% Solution) 7.0 - 9.0
Weight 1 0 . 7 - 1 1.1 lbs. /gallon
Typical Analysis
M aE„ecium C6lridc Typical R;,ngc
M 1 ' s „I 31.11 30.0 - 33.1)
„r n.) u I - n.s
•
SrrlGic SO, 1 " I
25 I.0 - el .
\v;ucr 1.1,0 r, Z.S - 70.11
O 1 "r) 66,2 . fi t
MAINTENANCE OF APPLICATION AND
STORAGE F 011l1'MFNf
In colder temperatures recirculation of the liquid in a
storage tank prevents solid build up. Wash the application
equipment daily with water. Storage equipment should be
water rinsed at the end of the storage period. Aluminum
storage Ianks or hauling equipment should not be -
grounded.
n'IE;TFIOD Or ANALYSIS — _�
Product Description ;md Codes UPC code Product Code _ ' H
,.. .
All testing is from North American Salt's internal quality _
control procedures, which are available upon request.
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Inliutnalwii in is inItnJrd In he Intl caln'c nod nut In he intelpietcd ;15 a speulicalinn and no lvairanry i ■ F1V February 2004 L
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Certjficate of Compliance
DustGard
Magnesium Chloride Liquid for Dust Control and Soil Stabilization
Chemical Com • osition T sical Anal sis % Ran • e %
MgCl2* CAS 7791.18.6 31.0 30.0
- 33.0
SO4
2.5 Less Than 4.0
H2O 66.2 62.5 - 70.0
pH (5% solution) 7 — 9
Specific Gravity 1.29 — 1.33
Weight 10.7 - 11.1 lbs. /gallon
Product analyses are typical. Transportation may affect the analysis of the delivered product.
PRODUCTION PLANT ORDERING
765 North 10500 West GENERAL OFFICE
Ogden, Utah 84404 1 800 693 -3334 8300 College Boulevard
(801) 731 3100 Overland Park, Kansas 66210
Fax (913) 338 -7905 (913) 344 -9390
Fax (801) 731 -4881
Fax (913) 338 -7905
DustGard is formulated to control dust and stabilize soils on unpaved roads, stockpiles, and
other sources of fugitive dust. A corrosion inhibitor is available to enhance product
performance.
Maintenance of a. ligation and stora•e e•uipment:
In colder temperatures recirculation of the liquid in a storage tank prevents solid build. up.
Wash the application equipment daily with water. Storage equipment should be water rinsed
at the end of the storage period. Aluminum storage tanks or hauling equipment should not
be grounded.
DustGard is prod cdi near Ogden, Utah:0nd available in bulk via truck & rail tank cars.
Kevin M. Smith ��
i �.,
Operations Supermtendant
ROAD & BRIDGE DEPARTMENT
GENERAL CONDITIONS
1. Contractor shall provide and pay for labor, materials, equipment, tools, utilities,
permits, licenses, transportation, and other facilities and services necessary for
proper execution and completion of the Work.
2. If Contractor fails to obtain the tax exemption(s) applicable to public works
projects from sales, consumer, use and similar taxes, Contractor shall pay the
same. Owner will cooperate with Contractor to obtain tax exemption for this
project.
3. Contractor shall be responsible for having taken steps reasonably necessary to
ascertain the nature and location of the Work, and the general and local
conditions which can affect the Work or the cost thereof. Any failure by
Contractor to do so will not relieve him from responsibility for successfully
performing the Work without additional expense to the Owner. Owner assumes
no responsibility for any understanding or representations concerning conditions
made by any of its officers, employees or agents prior to the execution of this
Agreement, unless such understanding or representations are expressly stated in
the Agreement.
4. Before commencing activities, Contractor shall: (1) take field measurements and
verify field conditions; (2) carefully compare this and other information known to
Contractor with the Agreement; and (3) promptly report errors, inconsistencies or
omissions discovered to Owner.
5. Contractor shall supervise and direct the Work, using Contractor's best skill and
attention. Contractor shall be solely responsible for and have control over
construction means, methods, techniques, quality, sequences and procedures,
and for coordinating all portions of the Work.
6. Contractor, as soon as practicable, shall furnish in writing to the Owner the
names of subcontractors and suppliers for each portion of the Work.
7. No charge shall be made by Contractor for hindrances or delays from any cause
whatever during the progress of any portion of the Work, unless such hindrance
or delay is caused in whole or in part by acts or omissions within the control of
Owner. In any event, Owner may grant an extension of time for the completion
of the Work, provided it is satisfied that delays or hindrances were due to causes
outside Contractor's control, e.g., weather, or to acts of omission or commission
by the Owner, provided that such extensions of time shall in no instance exceed
the time actually lost to Contractor by reason of such causes, and provided
further that Contractor shall have given Owner immediate (as determined by the
circumstances, but not exceeding 48 hours) notice in writing of the cause of the
detention or delay.
8. Contractor shall deliver, handle, store and install materials in accordance with
manufacturers' instructions.
9. s ontractor shall comply with and give notices required by all federal, state and
I 'cal laws, statutes, ordinances, building codes, rules and regulations applicable
to the Work. If the Contractor performs Work knowing it to be contrary to laws,
-tatutes, ordinances, building codes, rules or regulations without notice to Owner,
I ontractor shall assume full responsibility for such Work and shall bear the
. ttributable costs. Contractor shall promptly notify Owner in writing of any
4onflicts between the specifications for the Work and such governmental laws,
rules and regulations.
10. The Contractor shall be responsible for initiating, maintaining and supervising all
$afety precautions and programs, including all those required by law in
•onnection with performance of the Agreement. The Contractor shall promptly
remedy damage and loss to property caused in whole or in part by the
Contractor, or by anyone for whose acts the Contractor may be liable.
11. ontractor shall keep the premises /work site and surrounding area free from
ccumulation of debris and trash related to the Work.
12. ontractor shall furnish performance and payment bonds, each in an amount at
ast equal to the contract price as security for the faithful performance and
ayment of all Contractor's obligations under the contract documents. These
onds shall remain in effect at least until two years after the date of final
ayment, except as otherwise provided by law. Contractor shall also furnish
ther bonds as are required by the supplementary conditions. All bonds shall be
n forms satisfactory to Owner, and be executed by such sureties as (a) are
icensed to conduct business in the state where the project is located, and (b) are
flamed in the current list of "Companies Holding Certificates of Authority as
cceptable Sureties on Federal Bonds and as Acceptable Reinsuring
ompanies" as published in Circular 570 (amended) by the Audit Staff Bureau of
ccounts, U.S. Treasury Department. All bonds signed by an agent must be
ccompanied by a certified copy of the authority to act.
f the surety on any bond furnished by Contractor is declared bankrupt, or
ecomes insolvent, or its right to do business is terminated in any state where
rainy part of the project is located, or it ceases to meet the requirements of
lauses (a) and (b) of the preceding paragraph, Contractor shall within five days
hereafter substitute another bond and surety, both of which shall be acceptable
o Owner.
13. ontractor shall be solely responsible for the protection of the Work until its final
cceptance by Owner. Contractor shall have no claim against Owner because of
ny damage or loss to the Work, and shall be responsible for the complete
estoration of damaged Work to its original condition. In the event Contractor's
Work is damaged by another party, not under his supervision or control,
(Contractor shall make his claim directly with the party involved. If a conflict or
disagreement develops between Contractor and another party concerning the
responsibility for damage or loss to Contractor's Work, such conflict shall not be
Cause for delay in Contractor's restoration of the damaged Work.
14. Contractor's Insurance:
The Contractor shall purchase and maintain such insurance as will protect him
from claims set forth below which may arise out of or result from the Contractor's
operations under the contract, whether such operations be by himself, or by any
subcontractor, or by anyone directly or indirectly employed by any of them, or by
anyone for whose acts any of them may be liable. All such insurance shall
remain in effect until final payment, and at all times thereafter when Contractor
may be correcting, removing, or replacing defective Work. In addition, Contractor
shall maintain such completed operations insurance for at least two years after
final payment, and furnish Owner with evidence of continuation of such insurance
at final payment and one year thereafter.
Insurance coverage shall be as follows:
Claims under Workmen's Compensation, disability benefits, and other similar
employee benefit acts, with coverage and in amounts as required by the laws of
the State of Colorado;
Claims for damage because of bodily injury, occupational sickness or disease, or
death of his employees, and claims insured by usual personal injury liability
coverage;
Claims for damage because of bodily injury, sickness, disease, or death of any
person other than his employees; and
Claims for damages because of injury to or destruction of tangible property,
including loss of use resulting there from;
Contractor's Liability Insurance issued to and covering the liability for damage
imposed by law upon the Contractor and each subcontractor with respect to all
Work performed by them under the Agreement;
Contractor's Protective Liability Insurance issued to and covering the liability for
damages imposed by law upon the Contractor and each subcontractor with
respect to all Work under the Agreement performed for the Contractor by
subcontractors.
Completed Operations Liability Insurance issued to and covering the liability for
damage imposed by law upon the Contractor and each subcontractor arising
between the date of final cessation of the Work, and the date of final acceptance
thereof out of that part of the Work performed by each.
Comprehensive Automobile Insurance.
All liability and property damage insurance required hereunder shall be
Comprehensive General and Automobile Bodily Injury and Property Damage
forms of policies, as the case may be.
•
The Contractor shall in addition, and in the amounts required under the above,
obtain protective Liability Insurance issued to and covering the liability for
damages imposed by law upon the Owner with respect to all operations under
tle construction contract by the Contractor or his subcontractors, including
Omissions and supervisory acts by the Owner.
Builder's Risk Insurance: Insofar as the Work to be performed under this
contract consists entirely of new construction removed and separated from any
existing facility used by Owner, Contractor shall procure and maintain, for the
duration of the Work of this project, Builder's Risk Insurance, including the perils
Of fire, extended coverage (loss due to vehicles, explosion, wind, flood, riot, etc.),
ff andalism and malicious mischief, and special extended coverage (loss due to
lling objects, collapse, water damage from faulty or leaking systems, etc.) in the
fUII amount of the contract price plus the cost of authorized extras. Said amount
Of insurance coverage shall be considered to cover the insurable value of the
Work under this contract which is considered not to exceed one hundred percent
(100 %) of the amount of this contract and authorized extras. Such policy shall
not insure any tools or equipment, or temporary structures erected at the site and
belonging to any person or persons, or their subcontractors who are obliged by
dontract with the Owner to do Work on the projects.
Comprehensive Risk Policy Option: In lieu of the several policies specified for
Contractor's Liability Insurance, a comprehensive liability and property damage
insurance policy inclusive of all the insurance and requirements herein set forth,
subject to the approval of the Owner, will be permissible.
Insurance covering claims for damages to persons or property shall at a
Minimum provide coverage of the larger of (i) $500,000 each person /$1,000,000
each occurrence, for bodily injury and $600,000 each occurrence for property
damage , (ii) the maximum liability of a local government provided in the
Colorado Governmental Immunity Act, 24 -10 -101, et seq., CRS (1973) as that
r iay be amended from time -to -time, or (iii) such greater amount(s) as may be
required by law.
In surance shall be placed jointly in the names of the Owner, Contractor, and any
nd all subcontractors, and any and all others obliged by contract with the Owner
t do Work on this project, and, at the Owner's option, any other person or
ersons whom the Owner deems to have an insurable interest in said property,
r any part thereof, payable as their several interests may appear. Any proceeds
btained from insurance provided for by this paragraph shall be paid to and held
y the Owner as trustee. The Owner shall have the right to withhold payment of
ch proceeds until such time as the Work destroyed or damaged and covered
y such insurance shall be reconstructed and shall pay such proceeds on an
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installment basis similar to that provided for by progress payments covering the
driginal Work.
Certificates of Insurance: Certificates of Insurance acceptable to the Owner shall
be filed with the Owner prior to commencement of the Work. These Certificates
shall contain provisions naming the Owner as an additional insured under
(contractor's insurance, as more fully required by the General Conditions herein,
and that coverage afforded under the policies will not be cancelled until at least
thirty days prior written notice has been given the Owner. Contractor and his
subcontractors shall not permit any of his subcontractors to start Work until all
required insurance have been obtained and certificates with the proper
endorsements have been filed with the Owner. Failure of the Contractor to
comply with the foregoing insurance requirements shall in no way waive the
Owner's rights hereunder.
15. Owner, at its option, may purchase and maintain such liability insurance as will
protect him against claims which may arise from operations under this contract.
Purchasing and maintaining such insurance, however, will not relieve the
Contractor from purchasing and maintaining the insurance hereinbefore
specified.
16. Before permitting any of his subcontractors to perform any Work under this
contract, Contractor shall either (a) require each of his subcontractors to procure
and maintain during the life of his subcontracts, Subcontractor's Public Liability
and Property Damage Insurance of the types and in the amounts as may be
applicable to his Work, which type and amounts shall be subject to the approval
of the Owner, or (b) insure the activities of his subcontractors in his own policy.
17. To the fullest extent permitted by law, Contractor shall indemnify and hold
harmless Owner, its board, commissioners, employees and the agents of any of
them, from and against claims, damages, losses and expenses, including but not
limited to attorneys' fees, arising out of or resulting from performance of the
Work, provided that such claim, damage, loss or expense is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of tangible
property (other than the Work itself) including loss of use resulting therefrom, but
only to the extent caused in whole or in part by negligent acts or omissions of the
Contractor, a subcontractor, anyone directly or indirectly employed by them or
anyone for whose acts they may be liable, regardless of whether or not such
claim, damage, loss or expense is caused in part by a party indemnified
hereunder.
18. After execution of the Agreement, changes in the Work may be accomplished by
Change Order or by order for a minor change in the Work. Owner, without
invalidating the Agreement, may order changes in the Work within the general
scope of the Agreement consisting of additions, deletions or other revisions.
a. No Change Orders or other form of order or directive which requires
additional compensable work to be performed may be issued or be
effective unless accompanied by a written assurance to the Contractor
that lawful appropriations to cover the costs of the additional work have
been made.
b. A Change Order shall be a written order to the Contractor signed by
Owner to change the Work.
c. Owner will have authority to order minor changes in the Work not involving
changes in the Contract Price or the Contract Time. Such changes shall
be written orders and shall be binding on the Contractor and Owner.
Contractor shall carry out such written orders promptly.
19. Progress Payments:
If the project is subject to progress payments, not more often than once a month,
Contractor shall submit to Owner an application for payment filled out and signed
by Contractor covering the work completed as of the date of the application, and
accompanied by such supporting documentation as Owner may reasonably
riequire. If payment is requested on the basis of materials and equipment not
incorporated in the work, but delivered and suitably stored at the site or at
another location agreed to in writing, the application for payment shall also be
accompanied by such data, satisfactory to Owner, as will establish Owner's title
tb the material and equipment, and protect Owner's interest therein, including
applicable insurance. Each subsequent application for payment shall include an
affidavit of Contractor stating that all previous progress payments received on
account of the work have been applied to discharge in full all of Contractor's
obligations reflected in prior applications for payment. The amount of retainage
With respect to progress payments will be as stipulated in the Agreement.
Owner will, within ten days after receipt of each application for payment, either
ii dicate in writing a recommendation of payment, or return the application to
Contractor indicating in writing its reasons for refusing to recommend payment.
kn the latter case, Contractor may make the necessary corrections and resubmit
tihe application. Owner shall, within twenty days of recommendation of payment,
day Contractor the amount recommended.
20. final Payment:
Opon written notice from Contractor that the work is complete, Owner will make a
inal inspection with Contractor, and will notify Contractor in writing of all
articulars in which this inspection reveals that the work is incomplete or
efective. Contractor shall immediately take such measures as are necessary to
emedy such deficiencies. Defects are those identified by an Eagle County
Dfficial(s) and shall be judged on quality by that Official(s).
fter Contractor has completed all such corrections to the satisfaction of Owner,
nd delivered all maintenance and operating instructions, schedules, guarantees,
onds, certificates of inspection, marked -up record documents or as -built
rawings covering all of the Work, Contractor may make application for final
ayment following the procedure for progress payments. The final application for
ayment shall be accompanied by all documentation called for in the contract
ocuments, and such other data and schedules as Owner may reasonably
equire, together with complete and legally effective releases or waivers
satisfactory to Owner) of all liens arising out of, or filed in connection with the
ork. In lieu thereof, and as approved by Owner, Contractor may furnish
teceipts or releases in full; an affidavit of Contractor that the releases and
receipts include all labor, services, material, and equipment for which lien could
be filed, and that all payrolls, material, and equipment bills, and other
indebtedness connected with the work, for which Owner or his property might in
any way be responsible, have been paid or otherwise satisfied; and consent of
the surety, if any, to final payment. If any subcontractor, manufacturer,
fabricator, supplier, or distributor fails to furnish a release or receipt in full,
Contractor may furnish a bond or other collateral satisfactory to Owner to
indemnify Owner against any lien.
21. Final payment shall not become due until Contractor submits to Owner releases
and waivers of liens, and data establishing payment or satisfaction of obligations,
such as receipts, claims, security interests or encumbrances arising out of the
Work. Final payment is subject to the Final Settlement requirements and time
periods set forth in C.R.S. §38 -26 -107.
22. Contractor warrants and guarantees that title to all work, materials, and
equipment covered by any application for payment, whether incorporated in the
project or not, will pass to Owner at the time of payment free and clear of all
liens, claims, security interests, and encumbrances (in these General Conditions
referred to as "Liens").
23. Contractor's obligation to perform and complete the Work in accordance with the
contract documents shall be absolute. Neither the recommendation of any
progress or final payment nor the payment by Owner to Contractor under the
contract documents, nor any use or occupancy of the Work or any part thereof by
Owner, nor any act of acceptance by Owner, nor any failure to do so, nor any
correction of defective Work by Owner shall constitute an acceptance of Work
not in accordance with the contract documents or a release of Contractor's
obligation to perform the Work in accordance with the contract documents.
24. If Contractor fails to correct Work which is not in accordance with the Agreement,
the Owner may direct the Contractor to stop the Work until the correction is
made.
25. Contractor shall promptly correct Work rejected by Owner as failing to conform to
the requirements of the Agreement and Contractor shall bear the cost of
correcting such rejected Work.
26. Contractor warrants to Owner that: (1) materials and equipment furnished under
the Agreement will be new and of good quality; (2) the Work will be free from
defects not inherent in the quality required or permitted; defects are those
identified by an Eagle County Official(s) and shall be judged on quality by that
Official(s) and (3) the Work will conform to the requirements of the Agreement.
27. Contractor warrants and guarantees to Owner that all Work will be in accordance
with the Contract Documents and will not be defective. Prompt notice of all
defects shall be given to Contractor. If, within one year after the date of
completion, or such longer period of time as may be set forth in the Agreement
(including the Bid), prescribed by law, prescribed by the terms of any applicable
warranty given by a materials supplier or required by or a part of the Agreement,
any Work is found to be defective, Contractor shall promptly, without cost to
r
wner, and in accordance with Owner's written instructions, either correct such
efective Work, or, if it has been rejected by Owner, remove it from the site, and
place it with nondefective work. If Contractor does not promptly comply with
the terms of such instructions, or in an emergency where delay would cause
the rejected Work removed and replaced, and all direct and indirect costs of such
rlemoval and replacement, including compensation for additional professional
Services, shall be paid by Contractor.
28. If Contractor defaults or neglects to carry out the Work in accordance with the
Agreement and fails within a seven day period after receipt of written notice from
the Owner to correct such default or neglect with diligence and promptness, the
Owner may, without prejudice to other remedies, correct such deficiencies. In
uch case, the Agreement may be terminated by Owner or a Change Order shall
be issued deducting the cost of correction from payments due the Contractor.
29. The performance of the Work may be terminated at any time in whole, or from
time to time in part, by Owner for its convenience. Any such termination shall be
Eiffected by delivery to Contractor of a written notice ( "Notice of Termination ")
Specifying the extent to which performance of the Work is terminated and the
date upon which termination becomes effective. After receipt of a Notice of
termination, and except as otherwise directed by Owner, Contractor shall, in
good faith, and to the best of its ability, do all things necessary, in the light of
1uch notice and of such requests in implementation thereof as Owner may make,
tt assure the efficient, proper closeout of the terminated Work (including the
protection of Owner's property). Among other things, Contractor shall, except as
Otherwise directed or approved by Owner:
. stop the Work on the date and to the extent specified in the Notice of
Termination;
p. place no further orders or subcontracts for services, equipment or
materials except as may be necessary for completion of such portion of
the Work as is not terminated;
o. terminate all orders and subcontracts to the extent that they relate to the
1 performance of Work terminated by the Notice of Termination;
assign to Owner, in the manner and to the extent directed by it, all of the
right, title and interest of Contractor under the orders or subcontracts so
terminated, in which case Owner shall have the right to settle or pay any
or all claims arising out of the termination of such orders and subcontracts;
o. with the approval of Owner, settle all outstanding liabilities and all claims
arising out of such termination or orders and subcontracts; and
f, deliver to Owner, when and as directed by Owner, all documents and all
property which, if the Work had been completed, Contractor would be
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required to account for or deliver to Owner, and transfer title to such
property to Owner to the extent not already transferred.
In the event of such termination, there shall be an equitable reduction of the Contract
Price to reflect the reduction in the Work and no cost incurred after the effective date of
the Notice of Termination shall be treated as a reimbursable cost unless it relates to
carrying out the unterminated portion of the Work or taking closeout measures.
\rd &brdge.gc
SPECIFICATIONS
DRAWINGS
