Loading...
HomeMy WebLinkAboutAirgas-:iquid Oxygen Water Filtration 2020C 1 h1l I I t Oshkosh CONTRACTOR AGREEMENT: LIQUID OXYGEN WATER FILTRATION PLANT 2020 CITY OF OSHKOSH THIS AGREEMENT, made on the 121s day of December, 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 Contractors 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 L 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. Contractors Proposal 4. Contractors Additional Terms and Conditions submitted as part of their bid dated 11/11/19 (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/CPPY 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. Box 1130 Oshkosh, wl 54903-1130 httpa/w .ci.�r�t ILus JAN f y 2020 CITY CLERK'S OFFICE 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: QOHN HANSEN, BULK SPECIALIST) ARTICLE IVSCOPE 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 2020 LIQUID OXYGEN" dated November 7, 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, 2020. 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 vD I. 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 any satisfactory, usable work completed. B, For Convenience. The City may terminate this contract at any time by givingwritten 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: CONTRACTOR('/'CONSUULLTANT � �ktwiJ' By;71S0Qb4i A PPes D Jl (Seal of Contractor (Specify Title) A i "As OSA L Le- if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: c� A W jnn Mark A. Rohloff, City Manager (Witness) %��� c i� l�rx�• And: (Witness) Pamela R. Ubri& City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. 4=96W&A� City ptr Com oiler 9axI I rr.4 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 2020. Brand Name: Price per gallon Oshkosh WaterFiltratian Pant 175,000 gallons 4 (0x gallons Delivery Charges: Oshkosh Water Filtration Plant price per delivery Certificate of Armlysis Cost; Fuel Surcharge (per gallon of product) MOO Time Required for delivery From Date of order: a i kbu r,S>1 Time Required for Notification When Supply is Needed: r,)LI A M£s Indicate where orders should be placed if bid is accepted. Terms: A -,?L L.11I DIHIn I" IS NAA,M OF C6WANY SUBMITTED BY: aANIE-AND Timir OFFERsoN SUBmnTMG Bw EMAIL ADDRESS OF PERSON SUBMTPn�N__G BID rr 2019 DATE ADDRESS OF COMPANY 12 �,l4rr 8 umw.evynau. November 11, 2019 City Manager c/o City Clerks Office City of Oshkosh, City Ball 215 Church Ave Room 312 Oshkosh, WI54903-1130 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 for the period commencing Tannery 1, 2020 and terminating December 31, 2020. Airgas further acknowledges that the entire commercial agreement between us consists of the information contained in the Invitation For Bid/ Quotation For The City Of Oshkosh Water Filtration Plant 2020 Liquid Oxygen (LOX) dated November 7, 2019 and attachments thereto, which are attached to this Letter Agreement and fully incorporated hereiu 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 Airges's standard specifications. THIS IS AIRGAS'S SOLE WARRANTY AND SHAL%, 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 . FORANY PRODUCT NOT CONFORMING TO THE FOREGOING SOLE EXPRESS WARRANTY, THE EXCLUSIVE REMEDY OF PURCHASER AND THE SOLE OBLIGATION OF AIRGAS SHALL BE FOR AIILGAS 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, consequentiak, special of incidental, caused by handling or use of the Product by Purchaser or it's employees in willful or negligent disregard of the instructions set forth in the Material Safety Data sbeetc. 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 'J John R. Hansen Bulk Specialist Accepted and Agreed to: City of Oshkosh Water Treatment Plants Title: Date: Date: By: By: — Title: Title: Date: Date: