HomeMy WebLinkAboutAirgas USA Liquid Oxygen Filtration Plant 2019 egt ORIGINAL
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Oshkosh
CONTRACTOR AGREEMENT:
LIQUID OXYGEN WATER FILTRATION PLANT 2019
CITY OF OSHKOSH
THIS AGREEMENT,made on the 28th day of May,2019,by and between the CITY OF OSHKOSH,
party of the first part, hereinafter referred to as CITY, and AIRGAS USA, LLC, 3400 N. EXECUTIVE
DRIVE,APPLETON, WI 54911,hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the City and the Contractor,for the consideration hereinafter named,enter into the following
agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except
where it conflicts with this agreement,in which case this agreement shall prevail.
ARTICLE I. COMPONENT PARTS OF THE CONTRACT
This contract consists of the following component parts,all of which are as fully a part of this contract
as if herein set out verbatim,or if not attached, as if hereto attached:
1. This Instrument
2. Proposal Solicitation
3. Contractor's Proposal
4. Contractor's Additional Terms and Conditions submitted as part of their bid dated 4/4/19(attached
as Exhibit B),beyond which no other terms and conditions will be incorporated.
In the event that any provision in any of the above component parts of this contract conflicts with any
provision in any other of the component parts,the provision in the component part first enumerated
above shall govern over any other component part which follows it numerically except as may be
otherwise specifically stated.
ARTICLE II. PROTECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to
manage the project described in this contract:
(STEVE GOHDE,ASST.DIRECTOR PUBLIC WORKS/CITY ENGINEER)
B. Changes in Project Manager. The City shall have the right to approve or disapprove of any
proposed change from the individual named above as Project Manager.The City shall be provided with
City Hall,215 Church Avenue P.O.eox 1 130 Oshkosh,WI 54903-1 130 http://www.cLoshkosh.wl.us
a resume or other information for any proposed substitute and shall be given the opportunity to
interview that person prior to any proposed change.
ARTICLE III. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
(JOHN HANSEN,BULK SPECIALIST)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the City's Invitation for Bid for the project
titled"CITY OF OSHKOSH WATER FILTRATION PLANT 2019 LIQUID OXYGEN"dated April 4,2019,
and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts
with the Bid Specifications,the provisions in the Bid Specifications shall govern.
The Contractor may provide additional products and/or services if such products/services are
requested in writing by the Authorized Representative of the City.
ARTICLE V. CITY RESPONSIBLITIES
The City shall furnish, at the Contractor's request, such information as is needed by the
Contractor to aid in the progress of the project,providing it is reasonably obtainable from City records.
To prevent any unreasonable delay in the Contractor's work the City will examine all reports and
other documents and will make any authorizations necessary to proceed with work within a reasonable
time period.
ARTICLE VI. TIME OF COMPLETION
The work to be performed under this contract shall be from execution of the contract until
December 31,2019. Any changes to this completion date must be agreed upon by both parties in writing.
ARTICLE VII. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the rates established on the
Contractor's bid form (Exhibit A attached) and may be adjusted by any changes hereafter mutually
agreed upon in writing by the parties hereto.
Fee schedules shall be firm for the duration of this Agreement.
B. Method of Payment. The Contractor shall submit itemized monthly statements for services.
The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any
statement amount is disputed, the City may withhold payment of such amount and shall provide to
Contractor a statement as to the reason(s)for withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written
amendment to this agreement executed by both parties prior to proceeding with the work covered under
the subject amendment.
ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against
all actions, claims and demands of any kind or character whatsoever which may in any way be caused
by or result from the intentional or negligent acts of the Contractor,his agents or assigns,his employees
or his subcontractors related however remotely to the performance of this Contract or be caused or result
from any violation of any law or administrative regulation,and shall indemnify or refund to the City all
sums including court costs, attorney fees and punitive damages which the City may be obliged or ad-
judged to pay on any such claims or demands within thirty (30) days of the date of the City's written
demand for indemnification or refund.
ARTICLE IX. INSURANCE
The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional
insured.
ARTICLE X. TERMINATION
A. For Cause.
If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this
Agreement,the City shall have the right to terminate this Agreement by written notice to the Contractor.
In this event, the Contractor shall be entitled to compensation for arty satisfactory, usable work
completed.
B. For Convenience.
The City may terminate this contract at any time by giving written notice to the Contractor no later than
10 calendar days before the termination date. If the City terminates under this paragraph, then the
Contractor shall be entitled to compensation for any satisfactory work performed to the date of
termination.
This document and any specified attachments contain all terms and conditions of the Agreement
and any alteration thereto shall be invalid unless made in writing, signed by both parties and
incorporated as an amendment to this Agreement.
In the Presence of: CON TRACTOR/CONSTJLTANT
By: �6y4Srfittfr- A lei - LL'-
.n, z4 v t Ge re-ES l D ENT'
(Seal of Contractor (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
By: /(1—'4(14'74°'--"-----
Mark A.Rohloff,City Manager
fitness)
And: D.) 1---A
i ss) Pamela R.Ubrig,City Clerk
APPROVED: I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
under this contract.
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City Comptroller
46:140♦41•T �4
PROPOSAL
LIQUID OXYGEN(LOX)
WATER FILTRATION PLANT
We,the undersigned,propose to furnish at the following quoted price,to the City of Oshkosh Water
Filtration Plant 175,000 gallons of Liquid Oxygen in 6000 gallon bulk load deliveries in accordance
with the stated requirements and successful testing.F.O.B.,Oshkosh Water Filtration Plant,425 Lake
Shore Drive,Oshkosh, Wisconsin for the year 2019.
Brand Name: `C GC L ) 4 L L LoY
Price per gallon Oshkosh Water Filtration Plant 175,000
175,000 gallons 4 0' b C x gallons m $ I/31
Total
Delivery Charges:
DO
Oshkosh Water Filtration Plant price per delivery $
Certificate of Analysis Cost: $ /00'°o
Fuel Surcharge(per gallon of product) $ (7' "O 4/‘19'1-
Time Required for delivery From Date of order: 4/8
Time Required for Notification When Supply is Needed: nQ ar lcv is
Indicate where orders should be placed if bid is accepted.
Telephone: dCD' 01(fa-
Address: `a e,p-r_-vNdelcawc ri Q 1 ) 4/z//3
CITY STATE ZIP
Terms: 44,4
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NAME OF COMPANY
SUBMITTED BY: Inv l46,0,&(A,\J
NAME AND TITLE OF PERSON SUBM1TrINC BID
oLA fTGqUS r0 -i r,7"s+ls., c-ow+
EMAIL ADDRESS OF PERSON SUBMITTING BID
.N1 10 2019 3'1O0 Al 'j(8.4AiJ've, ,C1�41/e. 1 lit � Z s ' i
1 ��
DATE ADDRESS OF COMPANY
t
TELEPHONE NUMBER.
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Airgas
Alrya Natl1 Caalrad,InC
April 4 2019 ,t, Rivr BON Orin
Tex 04WII5P9 Fa 414-atfii94
1140.wuiimmn
City Manager
do City Clerks Office
City of Oshkosh,City Hall
215 Church Ave
Room 312
Oshkosh,WI 54903-1130
RE:Airgas Standard Purchase Order Acknowledgement
Dear Sirs:
I would like to take this opportunity to thank you for choosing Airgas USA,LLC as your bulk oxygen
supplier.Airgas acknowledges your bid for the supply of liquid oxygen to your facilities located in
Oshkosh and Green Bay for the period commencing April 18,2019 and terminating December 31,2019.
Airgas further acknowledges that the entire commercial agreement between us consists of the information
contained in the City of Oshkosh Purchasing Division Notice to Vendors dated April 4,2019 and
attachments thereto,which are attached to this Letter Agreement and fully incorporated herein,Except as
expressly stated in said Notice,the following contingencies shall apply to this transaction:
Airgas warrants that Product delivered to Purchaser shall conform to Airgas's standard specifications.
THIS IS AIRGAS'S SOLE WARRANTY AND SHALL BE IN LIEU OF ALL WARRANTIES,
EXPRESS OR IMPLIED,INCLUDING,WITHOUT LIMITATIONS,ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.THIS AGREEMENT
EXCLUDES,AND AIRGAS HEREBY SPECIALLY DISCLAIMS,ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
FOR ANY PRODUCT NOT CONFORMING TO THE FOREGOING SOLE EXPRESS
WARRANTY,THE EXCLUSIVE REMEDY OF PURCHASER AND THE SOLE
OBLIGATION OF AIRGAS SHALL BE FOR AIRGAS TO REPLACE,FREE OF CHARGE,
ANY SUCH PRODUCT;PROVIDED,HOWEVER,THAT PURCHASER SHALL GIVE
AIRGAS WRITTEN NOTICE OF ANY CLAIM FOR REPLACEMENT OF ANY
NONCONFORMING PRODUCT WITHIN A REASONABLE TIME NOT TO EXCEED
THIRTY(30)DAYS AFTER DELIVERY OF SUCH PRODUCT. THE FAILURE TO GIVE
SUCH TIMELY NOTICE SHALL CONSTITUTE PURCHASER'S WAIVER OF THE
CLAIMS RELATING THERETO,INCLUDING, WITHOUT LIMITATION,ALL CLAIMS
FOR CONSEQUENTIAL DAMAGES RESULTING FROM NON-CONFORMING
PRODUCT.
Purchaser acknowledges that there are hazards associated with the use of Product,that it understands such
hazards,and that it is the responsibility of the Purchaser to warn and to protect its employees and others
exposed to such hazards through Purchaser's storage and use of the Product.Purchasers solely assumes
all risk of loss,damages or destruction,to property,use,business,profits or injuries to persons,whether
direct,indirect, consequential,special of incidental,caused by handling or use of the Product by
Purchaser or it's employees is willful or negligent disregard of the instructions set forth in the Material
Safety Data sheets.
GASES, WELDING&SAFETY PRODUCTS
We sincerely thank you for this bid award,and hope that our products and services meet with your
complete satisfaction.If the foregoing terms and conditions are acceptable to the City of Oshkosh,Water
Filtration Plant,please indicate your acceptance and approval by having both copies of the Letter
Agreement executed in the space provided below and returning one fully executed copy of the Letter to
my attention.
Sincerely,
Airgas USA,LLC.
ACtiv
John R.Hansen
Bulk Specialist
Accepted and Agreed to:
City of Oshkosh/Green Bay Water Treatment Plants
By: By:
Title: Title:
Date: Date:
By: By:
Title: Title:
Date: Date: