HomeMy WebLinkAboutICI Americas, Inc 12/30/1982 CONTRACT #D-1325
A G R E E M E N T
THIS AGREEMENT made and entered into this 0.- e day of December , 19 82
by and between ICI AMERICAS, INC.
of
Murphy Road & Concord Pike, Wilmington, DE 19897, party of the first part, and the
CITY OF OSHKOSH, a municipal corporation located in Winnebago County, Wisconsin,
hereinafter referred to as the "City", and party of the second part.
WITNESSETH:
WHEREAS, the Common Council of the City of Oshkosh by resolution duly
adopted on the 2nd day of December , 19 82 , accepted the bid of the first
party and authorized and directed the proper City officials to enter into an agree-
ment with the party of the first part for:
100 tons Activated Carbon in 40,000 lb. deliveries - $611.60/ton
for Oshkosh Water Treatment and Wastewater Plants for1983,
according to the specifications and bid for same on file in the office of the City
Clerk.
NOW, THEREFORE, pursuant to said resolution of the Common Council of the
City of Oshkosh, the parties hereto agree as follows :
1 . That the party of the first part will furnish same to the City, all in
accordance with the specifications and bid on file in the office of the City Clerk.
2. That no assignment of this agreement or of any rights thereunder by
said party of the first part, shall be valid without the written consent of the City;
and that this document including the specifications and bid , constitutes the entire
agreement between the parties hereto and that any understanding either oral or written,
not a part hereof shall not be binding on either party.
3. That in consideration thereof, the City will pay to the first party
the sum of $ 611 _60/ton , upon presentation of a proper voucher, and
delivery and acceptance by the City in conformity on said specifications and bid.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
signed by the proper officers of each party and their corporate seals to be hereunto
affixed all on the day and year first above written; then if first party is a cor-
poration of partnership, the signing of this agreement shall constitute a warranty by ,
the person(s) so signing the proper authority so to do.
In the presence of: ICI AMERICAS, INC.
By:
Signature of sole proprietor, or name
/////, or corporation or partnership
Iftzeaciccicemomudkancroxm
Vic President Gen. Mgr.
.,, 4. 9-,64„4---e-
Assistant' Secretary
CITY OF OSH" ISH
/f /.CSC/` BY: 1�/� . _
/ WILLIAM D. FRUEH, City Manager
j. . L.40 1. / \ BY: ),,' v" //
Donna C . Luebke , City Clerk
I hereby certify that the necessary
provisions have been made to pay the
Approved as to form liability that will accrue under this
contract:
/ I gff. J Y-CilL'eU-iti A-L.--"
I 1
EDWARD A. NOKES, City Comptroller
TOM W. AHRENS, Asst. City Attorney
•
PROPOSAL
CHEMICAL REQUIREMENTS FOR OSHKOSH WATER
TREATMENT PLANT AND WASTEWATER TREATMENT PLANT
(When submitting your bid for City of Oshkosh Water and Wastewater Treatment
Chemicals, please use this proposal sheet to submit your bid. Be sure to fill
in desired information on Requirements and Specifications sheet for the various
chemicals.)
We, the undersigned, propose to furnish, at the following quoted firm prices, to
the City of Oshkosh Water Treatment Plant and Wastewater Treatment Plant, the
following chemicals, in accordance with stated requirements and specifications,
F.O.B. Oshkosh Treatment Plant or Wastewater Treatment Plant, for the year 1983
1. 50 tons (more or less) Liquid Chlorine
(200046 cylinders) for Oshkosh Water Plant @ No Bid ton
32 tons (more or less) for Oshkosh Waste-
water Treatment Plant (lead washers must be
provided with chlorine cylinders) @ No Bid ton
200046 cylinder deposit, if any @ No Bid ea.
2. 9 000 lbs. (more or less) Anhydrous Ammonia
(15046 cylinder) for Oshkosh Water Plant @ No Bid lb.
Cylinder deposit, if any @ No Bid ea.
3. 350 tons (more or less) Aluminum Sulfate
(liquid, in tank trucks) Dry Basis for
Oshkosh Water Utility @ No Bid ton
4. 13,000 lbs. (more or less) Copper Sulfate
(10046 bags) 1 delivery for Oshkosh Water
Plant. Send a sample with this bid so we
may evaluate. @ No Bid lb.
5. 6500 lbs. (more or less) Citric Acid (10046
bags) 1 delivery, Oshkosh Water Plant @ No Bid lb.
6. 100 tons Carbon (more or less) Activated
Carbon (in bags and on pallets) by truck, $628. 40/ton 30K lbs. Min,
in 40,000 lb. deliveries @ $611. 60 / ton 40K lbs,
Min.
7. 195,000 gals. (more or less) Ferrous Chloride
(pickle liquor) in tank truck deliveries,
F.O.B. Oshkosh Wastewater Treatment Plant @ No Bid gal.
PROPOSAL CONTINUED
Quoted prices are are not X firm for the year 1983 .
If not , state on what terms there will be exceptions and to
what extent .
Product price is firm for term of agreement. Freight
increases will be added as they occur.
Net 30
Terms: days. If this only applies to certain
chemicals , state here to which it applies :
ICI Americas Inc.
Name of Company
( �-��lep , &LC■
Name and title of person making out
the bid Gerald P. Gise, Activated Carbon
SUBMITTED BY: Sales
Murphy Road & Concord Pike
Address of Company Wilmington, DE 19897
November 4, 1982 800-441-7757 Ext. 8824
Date Telephone number for ordering
Indicate where orders should be placed if bid is accepted.
Telephone 800-441-7757 ext. 8824
Address Wilmington, Delaware 19897
City State Zip
939307
.
Bond No.........
SEABOARD SURETY COMPANY
NEW YORK, N. Y.
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That _-_ ICI America_ s I nc. , New Murphy Road, Fairfax, Wilmington, DE__19.897
— — —(Here insert the name and address,or legal title,of the contractor)
as Principal, hereinafter called Contractor, and SEABOARD SURETY COMPANY as surety, hereinafter called Surety,
are held and firmly bound unto
City of Oshkosh, Wisconsin -
(Here insert the name and address,or legal title,of the owner)
as Obligee, hereinafter called Owner in the amount of__.Sixty-One TYau.S.ld_ le.... u dre-d.-.- _ _—
Sixty_ no/100 1 ,160
--
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated - .......---.---.------
entered into a contract with Owner for
supplying. H.ydro Darco-B--_dur�nc�----Gala_r.dl -
year 1983 . Contract #D1325. - - -in accordance with drawings and specifications prepared y--------•
_ ____ _ _ __..__....-_.-.._._......._...._ -.-w_....__.�-i --
(Here insert full name and title)
which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT.
NOW, THEREFORE, THE CONDITION OF OBLIGATION is sucht at, f iror shall promptly d
faithfully perform said CONTRACT, the this obligation sLI null void; otherwise l forc
and effect. by Whenever Contractor
s ,thereundee,�the SurOety may promptyfremted under
the default,CONTRACT,shall promptly
Owner hav-
ing performed Complete h
(I) Complete the CONTRACT in accordance with its terms and conditions, or
(2) Obtain a bid and bipoonf°determination by Owner for Suretytoftheeloweest responsible bidder, arerange for
arms and conditions,such up
a default or at Son bfddd Owner
contract orsconteracts work arranged undertth sepa paragraph)
a sufficient funds a succession oy t o
other funds to pay the fcorswh which Surety less able hereunder, the am amount set forth in the first para-
graph here and damages pp as
payable hereof. The
ner to Contractor under the n CONTRACT and any lamendmen s thereto, less thetamount properly
payable by Ow
paid by Owner to Contractor.
Any suit under this bond must bed instituted before the expiration of two (2) years from the date on which final
payment under the CONTRACT al
No right of action shall accrue dt or for theors of aye person or corporation other than the Owner
named herein or the heirs, executors,
December A. D. 19 82
Signed and sealed this _1b-th. day of__...--.._.-.._- ._
ICI ricas Inc.
-----.-_._.-.._.------
3.Cc. ,e._ _-L (Seal)
Principal
SEABOARD SURETY COMPANY (Seal)
IN THE PRESENCE OF: Surety
Countersi edt By
E w d W
.
or
r
By z
675z � �1 , Attorne i n-Fact
Resident Agents. T'I,I,„,a tot Vee tA),SCenS(A
i
Certifies,Copy SEABOARD SURETY COMPANY
No 9297 NEW YORK, NEW YORK
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State
of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Richard A.
Nielsen or Edward W. Horstmeyer or Ronald I. Nagle or Dorothy R. Schroder or
Ak Thaddeus S. Kirk or Robert C. Passmore or W. P. Dwyer of Wilmington, Delaware
its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, under-
takings and other instruments of similar nature as follows: • Without Limitations.
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers
of the Company and sealed with its corporate seal; and all the acts of said Attorney-inFact, pursuant to the authority hereby
given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Com-
pany on December Sth. 1927. with Amendments to and including January 15, 1982 and are still in full force and effect:
ARTICLE VII, SECTION 1:
"Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto.
Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and
other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company
(a) by the Chairman of the Board, the President, a Vice President or a Resident Vice President and by the Secretary, an Assistant Secretary.
a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the (Trait.-
man of the Board, the President or a Vice President to make such signature; or (c) by such other officers or representatives as the Board may
from time to time determine.
The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative."
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its
and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this
day of November , 19 81
Attest: SEABOARD SURETY COMPANY,
(Seal) Anita J. Leonard By R. T. Gundersen
Assistant Secretary Vice-President
STATE OF NEW YORK
COUNTY OF NEW YORK S ss.
On this llth day of ......November ' , 19...$.7....., before me personally appeared
R.....T......Gund.e.sen a Vice-President of SEABOARD SURETY COMPANY.
with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of New York
that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the fore-
going instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corpora-e
seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-
President of said Company by like authority.
State of New York
No. 01-QU8468870 Qualified in Richmond County
Certificate filed in New York County
(Seal) Commission Expires March 30, 1984 Margaret M. Quinlan
Notary Pu';:ic
C E R T I F I C A T E
I, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of
the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice Pre=:.
who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provi'_ .
Article VII, Section 1, of the By-Laws of SEABOARD SURETY COMPANY.
This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Board of Directors of
BOARD SURETY COMPANY at a meeting duly called and held on the 28th day of June 1978.
RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the company and of the signature of an Assistant
on any certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII, Sec'_::
1, of the By-Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the company surety bonds, under:,.r:::-_
undertakings or other instruments described in said Article VII, Section 1, with like effect as if such seal and such signature had been
affixed and made, hereby is authorized and approved."
IN WITNESS WHERE F, I have hereunto +t my hand and affixed the corporate seal of the Company to these presents t is
WHERE
of
c.
1927 .121:‘•
Assistant S r:tary
Form 957 Rev.4.'
Johnson & Higgins of Del. , Inc .
1105 North Market Street Aetna Casualty & Surety Co.
Suite 900
Wilmington, DE 19801
ICI Americas Incorporated
New Murphy Road, Fairfax
Wilmington, DE 19897
x
x
04GL237677SRA 1/1/84
A
>2000 '12000
•
EXCESS '.IE ellt_9`F 't
vt
MP .OYERS'L.l ,Bit I
OTHER
•.. .. - '."n.Y r+F.ss'.`.a riZ.•.... -
' i)E SCRIPTION CO OPERAT I^NS-LOCATIONS VEHICLES
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. the issuing corn
pany will endeavor to mail 30 days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFIC AT E HOLDER.
DATE ISSUED.__ December 29, 1982
City of Oshkosh
Wisconsin
AUTHORIZED REPRESENT AT E
ACORD 25 (Ed. 11 77)
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Purchasing Division •
P .O. BOx 1130
Oshkosh , WI 54902
NOTICE TO VENDORS :
1 . We are submitting wherewith for your consideration an in-
vitation to bid on:
PRINTING 18 , 500 ANNUAL REPORTS FOR 1982
2 . Bids must be addressed to Oshkosh Purchasing Division,
P .O. Box 1130 , City Hall , Oshkosh , WI 54902
Envelope shall show name of bidder, and must be plainly
marked in the lower left hand corner "Bid for Printing
Annual Reports" .
3 . Bids must be on file in the office of the Purchasing Agent no
later than 10 : 30 a .m . , C.S .T. , Tuesday , November 30 , 1982 .
Any bids received after that hour and date will not be opened
and will be returned to the bidder unread.
4 . 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 .
•
5 . All formal bids submitted shall be binding for thirty-five ( 35 )
calendar days following bid opening date, unless the bidder ( s )
upon request of the Purchasing Agent , agrees to an extension.
6 . Bids will be publicly opened and read at the hour and date
above stated. Award, if any , will be made as soon thereafter
as practical .
7 . 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.
8 . The City reserves the right to reject any and all bids and to
waive any informalities in bidding.
9 . For specifications and further information concerning this
invitation to bid, contact Donald La Fontaine , Purchasing
Agent , Room 312 , City Hall or telephone ( 414 ) 424-0265 .
•
William D. Frueh
City Manager
PUBLISH : November 20 , 1982
GENERAL PROVISIONS
1 . Proposals shall be submitted on the sheets provided by the City of Oshkosh
and proposals not submitted on those forms will be considered irregular and
will not be read.
2. Unless stated otherwise in the specifications, all equipment or commodities
shall be new and the manufacturer' s current model , complete with all standard
equipment and accessories.
3. Full identification of equipment or commodities quoted upon, including
brand, make, model , catalog identification number (if any) , and descriptive
literature where possible, must be furnished with the bid as an aid in
checking the bid against specifications. If the item bid varies in any way
from these specifications, special mention must be made of such points or
it will be understood that the bidder proposes to meet all details of the
specifications.
4. Unless stated otherwise in the specifications, all prices shall be F.O.B.
Oshkosh, Wisconsin, stated destination, with all Federal Excise and Wisconsin
Sales taxes deducted. The City of Oshkosh is exempt from these taxes and
will furnish proper exemption certificate, if requested by the successful
bidder.
5. If a warranty applies, the bidder shall state the conditions of warranty.
6. When requested in the specifications, the bidder must state the nearest
location were parts and repair service will be available.
7. Delivery date must be stated in realistic terms to enable the bidder to
adhere to them.
8. Indicate your terms of payment. The City of Oshkosh pays invoices on the
first and third Thursday of the month.
9. If there are several items in the bid, the City of Oshkosh reserves the
right to accept separate items or to award the total bid to one supplier,
whichever is in the best interest of the City. If you bid is qualified in
this respect, clearly state whether your bid is for "all or none" or to
what extent it is qualified.
10. If there is a trade-in, the City of Oshkosh may elect to accept the bid
with trade-in or without trade-in, whichever is in the best interest of the
City.
11 . Equipment or items must conform to all applicable Federal Occupational
Safety and Health Act provisions.
12. If two or more bidders submit identical bids and are equally qualified, the
decision of the City to make award to one or more of such bidders shall be
final . Selection shall be made by drawing lots. Cash discounts, when 10
days or longer are allowed will be considered.
SPECIFICATIONS
PRINTING 1982 ANNUAL REPORT
CITY OF OSHKOSH
1 . Number of copies of the report-- 18 , 500
2 . Minimum size: 81-4 x 1011. Bleeds containing 28 pages of 80 lb.
regular finish stock , uncoated , punched one hole at bottom
center , shall include self-covers . No envelopes will be re-
quired .
3 . Timing of the Report :
Material for the report will be in the successful bidder ' s
hands on or before January 4 , 1983 .
The report is to be completed and returned to the City on or
before February 4 , 1983 .
4 . The lump sum bid is to include all art work , cuts , line drawings ,
charts , graphs , and half-tones . The City will furnish black
and white photographs .
5 . The bid price shall include cost of a line drawing or photographs ,
including layout , on the front cover . The bid price should further
anticipate up to 29 half-tones , at least one camera ready line
drawing , and at least one chart or graph , camera ready. Photo-
graphs will be furnished by the City . All layout work will be
subject to City approval .
6 . Report will be "calendar type" of 28 pages , 12 of which will
contain a monthly calendar with meeting date listings . Calendar
pages are to have a screened background .
7 . All printing is to be done by offset process .
8 . The report shall be printed in two (2 ) standard base PMS colors ,
with the final decision by the City Manager .
9 . Page galley proofs are to be supplied as the report is set up.
Galeys shall be checked by the City Manager and the successful
bidder .
A composite (or color keys ) proof must be checked by the City
Manager .
10 . In preparing your proposal , if any questions should arise , please
feel free to contact City Manager William Frueh by calling
( 414 ) 424-0274 .
PROPOSAL
PRINTING 1982 ANNUAL REPORT
We , the undersigned, propose to print for the City of Oshkosh ,
Wisconsin , 18 ,500 Annual Reports for 1982 as per specifications ,
for the lump sum of :
6• V Y?
Bid
Delivery (if other than February 4 , 1983 the latest delivery
permitted in the specifications )
Terms /UJPL 4:30 days
; sly eess
Name of Company
Og/11 / EL.SUBMITTED BY: Name and Title of Person making /Out Bid
VII Fib 2� 1982 /412e / P7,10/4°
D e Address of Company