HomeMy WebLinkAboutAirgas Standard Purchase Order acknowledgement 2009 Airgas
/drips North Central, Inc.
11927 W. Sever Spring Drive
November 16, 2009 Waukee, VA 50225
Tel: 414-527-4500 Fax 414527-4904
http /hwav wrgee.com
City Manager
c/o 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 North Central, Inc. 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 January 1, 2010 and terminating December 31,
2012.
Airgas further acknowledges that the entire commercial agreement between us consists of the information
contained in the Purchasing Division Notice to Vendors dated November 23, 2009 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 in willful or negligent disregard of the instructions set forth in the Material
Safety Data sheets.
GASES, WELDING & SAFETY PRODUCTS
Airgas
Alrgas North Central, Inc.
t 1927 W. Sire, Scalp Drive
November 16, 2009 Miwaekee. W159225
Tel: 414-5274500 Fax 414- 527 -4904
htlpiNxw. urges .can
City Manager
c/o 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 North Central, Inc. 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 January 1, 2010 and terminating December 31,
2012.
Airgas further acknowledges that the entire commercial agreement between us consists of the information
contained in the Purchasing Division Notice to Vendors dated November 23, 2009 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 in 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 North Central, Inc.
( j i
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:
PURCHASING DIVISION
C :
NOTICE. , 1 , (:) VE:; �.DOR.S
..., iii F. b..Ff k.R
1. NOTICE IS l-IER..EBY GIVEN that sealed bids will be received in the City Clerk's office. Room 104, City Hall,
Oshkosh, Wisconsin, for: LIQUID OXYGEN — OSHKOSH & GREEN BAS' WATER TREATMENT
PLANTS, 11:00 AM, CST. MONDAY, NOVEMBER 23, 2009, at which time all bids will be publicly opened
and read.
2. It is the bidder's sole responsibility to insure that the bid is timely and physically received by the City Clerk's office
prior to the deadline set forth in this notice.
3. All bids trust be submitted in an envelope sealed by the bidder or designated representative. All bids should be
addressed to the City Manager, c/o City Clerk's Office, City Hall, 215 Church Avenue, P.O. Box 1130, Oshkosh,
WI 54903-1130. On the outside of the envelope, the bidder should distinctly indicate the name and address of the
OXYGEN.
and in the lower left corner should clearly indicate the envelope contains a sealed bid for: LIQUID OX YGE!`lte.
Any bids not complying with these instructions will not be considered submitted to the City, and shall be returned
to the bidder unopened and unread.
4. Submission of bid documents by facsimile equipment will not be accepted.
5. This notice establi.sh.es a time by which sealed bids must be physically received by the City Clerk's office. No bids
will be accepted after that deadline. i.inder no circumstances will bids be accepted and read when submitted at the
place of bid opening even if presented before that deadline.
6. 'fire City is not responsible for bids submitted in any other way except those submitted in strict conformance with
these instructions.
7. A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the
City prior to the specified time of opening...
S. All formal bids submitted shall be binding for thirty -five (35) calendar days following the bid opening date, unless
the bidder(s), upon request of the Purchasing Agent, agrees to an extension.
9. Although no certified check, cashier's check or bid bond must accompany the proposal, if the bid is accepted, the
• •bidder must execute and file the proper contract within ten (10) days after award by the Common Council and •
receipt of the contract form for signature.
10. "l City reserves the right to reject any a.nd all bids and to waive any informalities in bidding.
11. For specifications and further information concerning this invitation to bid, contact Jon Urbe n , Director of General •
Services, Room 401, City Hall, or telephone (920) 236-5100.
Mark A RohIoff
PUBLISH: NOVEMBER. 7, 2009 City Manager
CITY HALL - 215 CHURCH AVENUE - _ O . BOX 1130 - OSHKOSH, WI 54 903 -113 0
,.,
CITY OF OSHKOSH
STANDARD TERMS AND CONDTTIONS
(REQUEST FOR BILWPROPOSALS)
1) SpECIFICATIoNS: The specifications in this request are the minimum
acceptable. When specific manufacturer and model numbers are used, they
are to establish a design, type of construction, quality, functional
capability and/or pertormance level desired_ When alternates are
bid/proposed, t.neY must be identified by manufacturer, stock number, and
such other information necessary to establish equivalency. The City of
Oshkosh shall be the sole judge of equivalency. Bidders/proposers are
cautioned to avoid bidding alternates to the specifications which may
result in rejection of their bid/proposal.
2) DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text
terms, conditions, or specifications shall be described fully, on the
bidder's/proposer's letterhead, signed, and attached to the request. In
the absence of such statement, the bidJproposal shall be accepted as in
strict compliance. with all terms, conditions, and specifications and the
bidders/proposers shall be held. liable. Only proposals which are made out
on the regular proposal form attached hereto will be considered.
3) QUANTITIES: The Quantities shown. on. this request are based on estimated
needs. The city reserves the right to increase or decrease quantities to
meet actual needs
4) DELIVERY : Deliveries shall be F.O.E. destination freight prepaid and
included unless otherwise specified.
5) ACCEPTANCE-REJECTION: The City of Oshkosh reserves the right to accept or
reject any or all bids/proposals, to waive any technicality in any
bid/proposal submitted, and to accept anv part of a bid/proposal as deemed
to be in the best interests of the city.
6) ORDERING: Purchase orders or releases via purchasing cards shall be
placed directly to .the contractor by an authorized agency. No other . . .
purchase orders are authorized.
7) GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery
schedules as specified or to promptly replace rejected materials shall
render the contractor liable for all costs in excess of the contract price
when alternate procurement is necessary. Excess costs shall include the
administrative costs.
8) ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any
contract or order awarded as a result of this request except where special
requirements are stated elsewhere in the request; in such cases, the
special requirements shall apply. Further, the written contract and/or
order with referenced . parts and attachments shall constitute the entire
agreement and no other terms and conditions in any document, acceptance,
or acknpwledgment shall be effective or binding unless expressly agreed to
in writing by the cpntracting authority.
9) APPLICABLE LAW: This Contract shall be governed under the laws of the
State of Wisconsin, The contractor shall at all times comply with and
observe all federal and state laws, local laws, ordinances, and
regulations which are in effect during the period of this contract and
which in any manner affect the work or its conduct. The City of Oshkosh
reserves the right to cancel any contract with a federally debarred
contractor or a. contractor which is presently identified en the list of
parties excluded from federal procurement and non-procurement contracts.
10) SAFETYREQUIREMENTS: All materialF3, equipment, and supplies provided to
the City of Oshkosh must comply fully with all rafg requirements as set
forth bv the Wisconsin Administrative Code, the Rules of the industrial
Commission of Safety, and all applicable OSHA Standards.
11) MATERIAL SAFFm DATA SHEET : If any item(s) on an order (s) resulting from
this award (s) is a hazardous chemical, as defined under 29CER 1910.1200,
provide one (1) copy of a Material Safety Data Sheet for each item. with
the shipped container(s) and one (1) copy with the invoice(s).
. . . . . . • • . . • • • .
.. . . . ..
4/03
GENERAL PR O V i. S i O N S
1. Proposals shall be submitted on the sheets provided by the City of Oshkosh and. proposals not
submitted on these farni.s will be consid.e red irregular and will not be read.
2. All prices shall. exclude any Federal Excise "fax or. State of Wisconsin Sales Taxes as the City
of Oshkosh and City of (Green. Bay are exempt from such taxes and will. furnish a.n exemption
certificate, if requested by the successful bidder.
3. As stated in the Requirements and Specification sheets far Liquid Ox.ygen, all prices shall be
F.O.B. Oshkosh Water Filtration on Plant at 425 Lake Shore .Drive. Oshkosh Wisconsin or ROB.
Green Bay Water Treatment Plant at 6183 Finger Road, Luxemburg Wisconsin.
4. Bidder is to include their standard purchase order acknowledge or commercial agreement with
their bid. The City of Green Bay Water Utility and City of Oshkosh Water Utility will review
with the apparent successful bidder. If there is agreement with the successful bidder on terms
of their purchase order acknowledge or commercial agreement an award will be made for the
3 -year term for supplying, liquid oxygen to respective water utilities.
5. For clarifying information on. the requirements, delivery, etc., contact Steve Brand for
Oshkosh's needs at (920) 232-5365 or Bill Nabak tar Green Bay's needs at 920-448-3480.
6. Invoices in duplicate, shall be went to the following addresses as soon as possible.. after delivery
for prompt payment:
City of Oshk.osh A/P Green Bay Water Utility
PO Box 1130 631 S ,:dams Street
Oshkosh Wl 54903 -113() PO Box 1210
Green Bay W[ 54305 -1210
1.
LIQUEI.) OXYGEN (LOX)
TECHNICAL REQ1IIREMENTS
A. 1:)ESCR ;. The chemical furnished under this specification shall be Liquid
oxygen (1..:0X) and shall be suitable for use in the production of Ozone as a
drinking water disinfectant. The LOX shall be free from adulterants or impurities
and shall be suitable for use in the production of drinking water.
13. STANDARDS:
1. The liquid oxygen supplier shall have a production facility to supply
oxygen with a quality verification level of Grade G or better for Type IT
liquid oxygen (LOX) as defined by the Compressed Gas Association,
Specification CGA -4.3, 1 989 Edition. The total hydrocarbon content
(expressed as methane) shall be less than 20 ppmv.
2. The liquid oxygen (LOX) shall meet the following chemical and physical
characteristics and Quality Verification I...evels:
:1.IA TI:NG MAX. FOR TYPE II LOX
CHARACTERISTICS GRADE (::i
(Unit in pprn (moleiniole) unless otherwise stated)
Oxygen Min. % (mole/mole) 99.5
Nitrogen 100 pprn
Odor None
Water pprn ( / 2 pprn
Dew Point degrees F -97
Water (condensed) None
Total I Iydrocarbon Content (as Methane) 20 pprn
Ethane & Other Hydrocarbons (as Ethane) None
Ethylene None
Ac; lease. None
C :arb or Dioxide. • None
Carbon Monoxide 5 ppm
Nitrous Oxide 2 pprn
Halogenated Refrigerants None
Solvents None
Other by Infrared None
LISP None
Permanent Particulates None
3. The chemical shall comply with all Wisco-n.sin. Occupational. Safety and
Health Act requirements, where applicable and in effect at the time of
delivery.
4. The chemical shall meet the approval for the treatment process for
drinking,/potable water by the Wisconsin 1.)epartm.e.nt of Natural
Resources.
C. SHIPMENT Unless otherwise specified, shipment of liquid oxygen (I...OX) shall
be in bulk insulated tank trucks with tight closures to avoid leakage and
evaporation. Shipping, shall conform to U.S. Department offransportation and
Interstate R.egutations. Th e contractor shall furnish certified 'weight tickets to the
purchaser upon delivery.
D. DE?L..IVIR.Y The liquid oxygen (LOX) shall he delivered as needed, in liquid
form from bulk storage trucks to the two (2) water purification plants, each having
specific storage. vessel specifications, listed below:
Green Bay Water Treatment Plant
6183 Finger Road
(Located on CIE (V) approx.. 9 miles east o f l -4 3)
I.,uxem.burg, WI 54217
The above site. is equipped with liquid oxygen (LOX) storage vessels owned by the Green
Bay Water Utility with the following specifications:
Type of tank Horizontal LOX Storage
Number ?
Nornin.al ca.pa.c ty (gallons) 10.700
Hydrostatic test pressure (prig,) 216
Nominal operating pressure (psig) 75
3
Oshkosh Water :Filtration. Plant
425 Lake Shore Drive
Oshkosh, WI 54901
The site i.s equipped. with. liquid oxygen (LOX) storage vessels owed by the City of
Oshkosh Water Utility with the following specifications:
T ,pe Vertical LOX storage tanks
N urn.be r
orninai capacity (gallons) 9,004) (each tank)
Hydrostatic test. pressure (psig) 1 25
Nominal operating pressure (ps.i €;) 7 5
The supplier of the LOX shall make the required delivery to the plant within 36 hours of
placement of the order.
Normal. delivery hours, 7:00 AM to 3:3() PM Monday to Friday.
Security information including the following will be faxed prior to delivery:
:Drivers Name
Truck #
Trailer # and Seal #
Estimated Time of Arrival
QUANTITY
The qua.nt.ity required for each facility for the period 2010 to 2012 is estimated as follows:
FACILITY YEAR 2010-2012
ESTIMATED REQUIREMENT
Green Bay Water Treatment Plant 425,00() Gallons
(Green Bay WI
•
Oshkosh Water Treatment Plant 500,000 Gallons
.Oshkosh. WI
4
OPTION .L
The LOX supplier may supply a LOX inventory monitoring system via a telemetry link.
A 110 volt power supply is available in the liquid oxygen storage area. The supplier will
be respon>ible for the installation of a telephone line, if required, for the. remote telemetry
system.
t F.R IF1C A 11ON BY MANUFACTURER:
1C_> :
It shall be the Vendors responsibility to perform all tests and inspections required by this
specification. and tt) identify the source of the submitted chemical and physical
compositions_ [.Upon. request, the contractor shall submit the rnanufactu.reres certified test
report showing the liquid oxygen. (LOX) meets each of the physical and chemical
requirements in the specification.
INSPECTION BY WATER L.TTILITY
The Superintendent of Oshkosh or Green Bay 'Water Utility or his duly authorized
representative reserves the right to perform any of the. tests and inspection requirements
where such tests and inspections are needed to further deterniin.e compliance with this
specification.
Samp_
The City of Oshkosh or Careen Bay reserves the right to sample and test each shipment of
liquid oxygen (LOX.) upon delivery and to reject shipments, which d.o not conform to
these specifications. Liquid oxygen (LOX) not meeting the specifications will be
returned. to the supplier at supplieres expense.
Rejecti on
If the liquid oxygen (LOX) in any delivery fails to meet the requirements of this
specification, the entire contents of the delivery will be rejected and the cause for
rejection stated. if the Contractor desires a retest, he shall notify the R.espective Utility
N:vithin. three (3) days. A portion.. of the sample taken by the City will then be forwarded
for a retest at a laboratory agreed upon by both parties. The results of the retest shall be
•
. . . accepted as final. All expenses attached. to the retest shall be borne by the Contractor.
Liquid oxygen (LOX) rejected shall be removed by the Contractor immediately when so
ordered by the Green Bay or (Oshkosh Water Utility, at the. Contractors expense,
5
PROPOSAL
LIQUID OXYGEN (L()
WATER FILTRATION PLANT
We, the undersigned, propose to furnish at the tollowing quoted price, to the City of Oshkosh
Water Filtration Plant 500,0(1)0 gallons and to the City of Green Bay Water .Filtration. Plant
425,00() gallons of Liquid Oxygen in. 600() gallon hulk. load d.eliv-eri.es in accordance with the
stated requirements and successful testing. F.O.B., Oshkosh Water Filtration. Plant, 425 Lake
Shore Drive. and Green. Bay Water Filtration, 6183 Finger Road, Green Bay. Wisconsin for the
years 2010 - 2012.
Brand Name:
Price per gallon Oshkosh Water Filtration Plant 500,000
Green Bay Water Filtration Plant 425,000
9251)00 gallons x gallons = b
`iotal
Delivery Charges:
Oshkosh Water Filtration Plant price per delivery
(::green Bay Water filtration Plant price per delivery
Certificate of A.nalysis Cost:
Fuel Surcharge (per gallon of product)
Time Required for delivery From Date of Order:
Timis. Required for Notification When Supply is Needed: _
Indicate where orders should be placed if bid is accepted.
Telephone:
Address:
CITY STATE_ ZIP
Terms:
NAME OF COMPANY
6
SUBMITTED BY:
NAME AND "TITLE OF PERSON SUBMITENO BID
2.009
DATE ADDRESS OF COMPANY
( )
TEI..EPHONE NIJMBER.
7