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HomeMy WebLinkAboutAshland Chemical Co 1/19/1983 4. 11 . A G R E E M E N T THIS AGREEMENT made and entered into this /j 1 day of 91 , by and between ASHLAND CHEMICAL CO. of 204 Madison St. . Menasha. WI 54952 , 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 7„d day of December , 1982 , 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: 13,000 lbs. Copper Sulfate (100 lb. bags) at .504/lb. to 3/31/83 for the Oshkosh Water Treatment and Wastewater Plants for 1983, 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 $.504/lb. (to 3/31/83) , 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 ASHLAND CHEMICAL CO. li '`'-' By: L e , e,et-, / e-G.°L Signature of sole proprietor, or name or corporation or partnership President or Partner Secretary -y CITY OF OSHK SH 'i .x-47- J. �';ri! ,4 ./fcr BY ��' u�-,� i WILLIAM D. FRUEH, City Manager �� fa__ � BY: v tY1/0/, J t1 ., %,,.�1j-'P 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 contr ct: 111 1,61,44„. , r V�&-- 1' '4 r.. I '411,0 34 45 CI ril +AMI EDWARD A. NOKES, City Comptroller TOM W. AHRENS, Asst. City Attorney i 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 (2000# cylinders) for Oshkosh Water Plant @ - ton 32 tons (more or less) for Oshkosh Waste- water Treatment Plant (lead washers must be provided with chlorine cylinders) @ -- ton 2000# cylinder deposit, if any @ -- ea. 2. 9 000 lbs. (more or less) Anhydrous Ammonia (150# cylinder) for Oshkosh Water Plant @ $0.364 lb. Minimum order 6 cylinders Firn thru 3-31-83 Cylinder deposit, if any @ S50.00 ea. 3. 350 tons (more or less) Aluminum Sulfate (liquid, in tank trucks) Dry Basis for Oshkosh Water Utility @ -- ton 4. 13,000 lbs. (more or less) Copper Sulfate (100# bags) 1 delivery for Oshkosh Water *** Plant. Send a sample with this bid so we may evaluate. 100 bag minimum order @ $0.504 lb. Firm thru S-Sl-8) 11-30- 5. 6500 lbs. (more or less) Citric Acid (100# .863 lb.thru 82 bags) 1 delivery, Oshkosh Water Plant @ .$9 lb. 50 bag minimum order 12-1-82 / Firm thru 6-50-83 6. 100 tons Carbon (more or less) Activated Carbon (in bags and on pallets) by truck, -_ in 40,000 lb. deliveries @ ton 7. 195,000 gals. (more or less) Ferrous Chloride (pickle liquor) in tank truck deliveries, $,205 F.O.B. Oshkosh Wastewater Treatment Plant @ gal. Full T/T orders 8-10% iron as Ft relative costs per % of FE $.1948 gal FERRIC CHLORIDE * C $.45 gal. 12% iron as FE relative costs per % of FE $.31 gal **Price of Ferrous Chloride and Ferric Chloride firm for calendar year 1983 Delivered price subject to tariff revisions *** Sample of Copper Sulfate being delivered to your plant by Robert Smith. 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. Anhy Ammonia - Firm thru 3-31-83 Copper Sulfate - Firm thru 3-31-83 Citric Acid - Firm thru 11-30-82 Citric Acid - Price increase firm thru 3-31-83 Ferric Chloride/Ferrous Chloride - Price of both products firm for calendar year 19P 3 na1 i vereri print= Giihkrf fn tariff revisions Terms: net % 30 days . If this only applies to certain chemicals , state here to which it applies : Ashland Chemical Company Name of Company Carlene Meyer, Office Manager Name and title of person making out the bid SUBMITTED BY: 204 Madison Street, Menasha, Wi 54952 Address of Company November 11 1982 722-3371 Date Telephone number for ordering Indicate where orders should be placed if bid is accepted. Telephone 722-3371 Address Menasha, Wi 54952 City State Zip ANHYDROUS AMMONIA SOURCE FROM WHICH OUR SUPPLY WILL BE DELIVERED: Ashland Chemical Company Name of Company 204 Madison Street Street Address of Company Menasha, Wi 54952 City and State MANUFACTURER: Hawkins Chemical Company Name of Company TIME REQUIRED FOR DELIVERY FROM DATE OF ORDER: 1 - 2 days TIME REQUIRED FOR NOTIFICATION WHEN SUPPLY IS NEEDED: 1 day OTHER CONDITIONS TO BE STATED HERE THAT MAY ENTER INTO THE DELIVERY OR QUALIFY YOUR BID ON THIS ITEM: COPPER SULFATE SOURCE FROM WHICH OUR SUPPLY WILL BE DELIVERED: Ashland Chemical Company Name of Company 204 Madison Street Street Address of Company Menasha, Wi 54952 City and State MANUFACTURER: Tennessee Chemical Company Name of Company TIME REQUIRED FOR DELIVERY FROM DATE OF ORDER: 4-5 days TIME REQUIRED FOR NOTIFICATION WHEN SUPPLY IS NEEDED: 4-5 days OTHER CONDITIONS TO BE STATED HERE THAT MAY ENTER INTO THE DELIVERY OR QUALIFY YOUR BID ON THIS ITEM: CITRIC ACID SOURCE FROM WHICH OUR SUPPLY WILL BE DELIVERED: Ashland Chemical Company Name of Company 204 Madison Street Street Address of Company Menasha, Wi 54952 City and State MANUFACTURER: Tab Chemical Company Name of Company TIME REQUIRED FOR DELIVERY - FROM DATE OF ORDER: 2-3 days TIME REQUIRED FOR NOTIFICATION WHEN SUPPLY IS NEEDED: 2-3 days OTHER CONDITIONS TO BE STATED HERE THAT MAY ENTER INTO THE DELIVERY OR QUALIFY YOUR BID ON THIS ITEM: FERROUS CHLORIDE AND FERRIC CHLORIDE SOURCE FROM WHICH OUR SUPPLY WILL BE DELIVERED: Ashland Chemical Company Name of Company 204 Madison Street Street Address of Company Menasha, Wi 54952 City and State MANUFACTURER: Rowell Chemical Company Name of Company TIME REQUIRED FOR DELIVERY FROM DATE OF ORDER: 2 days TIME REQUIRED FOR NOTIFICATION WHEN SUPPLY IS NEEDED: 2 days OTHER CONDITIONS TO BE STATED HERE THAT MAY ENTER INTO THE • DELIVERY OR QUALIFY YOUR BID ON THIS ITEM: y INSURANCE COMPANY OF NORTH AMERICA INAGROUP CERTIO ICATE OF INSURANCE COMPANIES December 22, 1982 (This Certificate of Insurance neither affirmatively nor negatively amends,extends or alters the coverage, limits, terms or conditions of the policies it certificates.) This is to Certify to COMPANY CODES Ci ty of Oshkosh © INA UNDERWRITERS INS.CO. Purchasing Division Department of Administration © INA OF TEXAS Post Office Box 1130 © PACIFIC EMPLOYERS INS.CO. I Oshkosh, Wisconsin 54902 J u INSURANCE COMPANY OF NORTH AMERICA that the following described policy or policies,issued by The Company as coded below, providing insurance only for hazards checked by "X"below,have been issued to: 0 INA INS.CO.OF ILLINOIS NAME Ashland Chemical Company, Division of Ashland Oil , Inc. AND Q INA INS.CO.OF OHIO ADDRESS 204 Madison Street FOLD OF INSURED Menasha, Wisconsin 54952 © (OTHER;—SPECIFY) covering in accordance with the terms thereof,at the following location(s): Atlantic Employers Insurance Co. TYPE OF POLICY HAZARDSCO.CODE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY (a) Standard Workmen's TX & OK X 3 RSCC1813963-7 12-1-82 Statutory W.C. Compensation& I1111101S y E� y�EF] i Q8_$ t0 $ 00 QQ�ne Accident and Em to ers'Liabilit All thee l S 1 1 4 Aggregate Disease P Y Y All Others X 9 RSCC1813808-6 12-1-83 (b) General Liability Premises—Operations (including "In- I XI 191 $ Each Person eidental Contracts"as defined below) — 12-1-80 ❑ Accident 'E. Independent Contractors X t yl LAB 2 52 17 to $ 1,000,000 Each I ® Occurrence > 12-1-83 o Completed Operations/Products I XI 9 m Contractual,(Specific type as Aggregate—Completed described in footnote below) 1_91 $ 2,000,0000perations/Products Premises—Operations(Including El Accident "Incidental Contracts"as defined I XI 91 $ 1,OO OO O, OEach 1 ®Occurrence & below) m 12-1-80 0 Independent Contractors I XI I`ll LAB 2 52 17 to $ 2,000,00Q4ggregate—Prem./Oper. m 12-1-83 $ 2,000,00n^Qggregate—Protective o Completed Operations/Products I XI 9 $ 2,000,OOQ4ggregate—Completed a Operations/Products Contractual,(Specific type as XI!-I described in footnote below) [ [9.., $ 2,000,00n Qa99regate—Contractual (c) Automobile Liability `'� » Owned Automobiles 191 12-1-80 $ Each Person 5.5 Hired Automobiles © 9 LAB 2 52 17 t0 Each { 0 Accident °D=Non-owned Automobiles I XI—— _9——————— ——3. =.1.-83____ — $ 1 2_000 000 — ( ® Occurrence-- d m Owned Automobiles I XI 171 12-1-80 ❑Accident o Hired Automobiles I XI [ LAB 2 52 17 to $ 1,000, Each 000 ® Occurrence a0 Non-owned Automobiles © 19l 12-1-83 (d) Contractual Footnote: Subject to all the policy terms applicable, specific contractual coverage is provided as respects It is the intention of the company that in the event of cancellation of Check ❑a contract the policy or policies by the company, ten (10) days' written notice Applicable ❑ purchase order agreements between the Insured and: of such cancellation will be given to you at the address stated above. Block ❑ all contracts NAME OF OTHER PARTY DATE(if applicable) CONTRACT NO.(if any) DESCRIPTION (OR J08) Definitions: "Incidental contract" means any written (1) lease of premises (2) easement agreement,except in connection with construction or demolition opera- tions on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by muni ipal ordinance,except in connection with work for the municipality,(4)sidetrack agreement,or (5)elevator maintenance agreement. I Authorized Representative LC-1389d Ptd.in U.S.A. 1. ORIGINAL C E R T I F I C A T I O N The undersigned certifies that he is Secretary of ASHLAND OIL, INC. ("ASHLAND") , a Kentucky corporation, and that , as such, he is authorized to execute this Certificate on behalf of ASHLAND and further certifies that attached is a true and correct copy of an excerpt from the minutes of a meeting of the Board of Directors of ASHLAND duly called, convened and held on January 27 , 1982 , at which a quorum was present and acting throughout. IN WITNESS WHEREOF, I have signed and sealed this Certification this a►.Z."" day of , 19 gam. 1 j, " •:>7 i „ri Joh P. Ward, Secretary (S E A L) • 3708 • EXCERPT FROM MINUTES OF DIRECTORS' MEETING ASHLAND OIL, INC. January 27 , 1982 RESOLVED, that in addition to but not in limitation of, the authority vested in the Chief Executive Officer of the Corporation in respect of the management of the business and affairs of the Corporation as set forth in the By-laws of the Corporation, Messrs . William R. Seaton, Robert T. McCowan, Paul W. Chellgren, Charles J. Luellen, Richard W. Spears and William C. Voss ("Desig- nated Officers") , in their respective capacities as officers of the Corporation, shall be , and each is hereby authorized, in addition to and not in limitation of any other power and authority he may have, on behalf of the Corporation, to enter into commitments , execute and deliver contracts , and do and perform all such other acts and things , as are necessary and appropriate to accomplish the management, business and affairs of the Corporation in the ordinary course of business ; and RESOLVED, that the Designated Officers , be and each of them is hereby authorized from time to time and for such period of time as deemed necessary or appropriate , by written instrument filed with the Secretary, to make constitute, and appoint powers of attorney, designated as Attorneys in Fact, whether officers , employees , or agents , with the authority, in the name and on behalf of the Corporation, and also to enter into commitments , execute and deliver contracts , and do and perform all such other acts and things , as are necessary and appro- priate to accomplish the management of the business and affairs of the Corporation, in the ordinary course of business , subject in either case and in all matters to th2 control of the Chief Executive Officer and of the Board of Directors and the Chief Executive Officer to 3709 revoke the appointment of any power of attorney desig- nated as an Attorney in Fact , upon written notice to the Attorney filed with the Secretary; which power and authority in the ordinary course of business shall in- clude, not by way of limitation, but by way of confirma- tion, the following power and authority: 1. The power and authority to execute and deliver any and all of the following instruments , all pertaining to oil , gas , or both, and all related hydrocarbon substances owned from lands owned or administered by (a) the United States or any administrative agency thereof (hereinafter designated as "federal lands") and Tribal or Allotted Indian Lands , or (b) any sovereign foreign to the United States or any state or political subdivision or adminis- trative agency thereof of any foreign sovereign or of the United States , requiring execution and delivery in the name of the Corporation, viz : Offers , applications and bids to lease or for concessions , applications for approval of assignments of leases or concessions or interests therein and all statements of in- terest and of holdings of said Ashland Oil , Inc . , pertaining to such lands , and as to federal lands , all other statements required or which may be required, by the Acts and Regulations pertaining to such federal lands ; and, as to such federal lands , said Corpora- tion agrees to be bound by such representa- tions of said attorney and waives any and all defenses which may be available to it to con- test , negate, or disaffirm the actions of said attorney taken hereunder in connection with such federal lands . 2 . The power and authority to execute and deliver any and all bids , proposals , contracts , bonds , releases , satisfactions , labor and payroll affidavits and reports , periodic and final estimates , consents to the release of retained percentages and the payment of final estimates , and all other documents , writings , consents , or reports necessary or requisite to the implementation of bidding for , or the performance of, the furnishing of goods , products or work and services to any governmental instrumentality whether foreign, federal , state , county or municipal , including, without limitation, bids or proposals including a certificate as to non-collusion as may be required by any governmental entity or in particular by paragraph 103 (d) of the General 3710 Municipal Law of Buffalo, New York, and bids or proposals including a certificate of non-collusion as required by Section 139-d of the State Finance Law of the State of New York or Section 2604 of the Public Authorities Law of the State of New York. 3. The power and authority to appear and represent the Corporation before all governmental departments , tribunals and officials including , without limita- tion, filing, execution and delivery of all tax returns or supplementary and related papers thereto ; to exercise the right to vote in respect of shares of any other corporation, partnership or association held by the Corporation and to execute and deliver proxies to vote such shares ; to make and enter into agreements for the pur- chase , sale and transfer of personal property; to buy, sell , trade, exchange , deal in, import , export any and all kinds of goods , wares and merchandise; to enter into contracts to sell and convey or purchase and acquire real property in transactions involving not in excess of $2 ,000, 000, and to execute and deliver deeds and other docu- ments in connection therewith; to execute and deliver surety bonds ; to draw, sign, endorse , accept and negotiate bills of lading, certificates and affidavits and other commercial documents (except promissory notes) ; to demand, collect and receive any and all sums of money, securities , documents and property of every kind which may be due or belonging to the Corporation; and to adjust , settle and compromise debts , accounts and claims which pertain to the business of the Corporation, and to give receipts and acquittances therefor; and the power and authority to execute and deliver any and all certificates , authoriza- tions , consents , receipts , releases , waivers and any other documents required, necessary or appro- priate in connection with any transaction, re- quirement or request with or by the Government of the United States or any state, county, municipality, or subdivision or agency of any of the foregoing. ***** CERTIFICATION - The Undersigned, JOHN P. WARD, certifies that he is Secretary of ASHLAND OIL, INC. , formerly named ASHLAND OIL & REFINING COMPANY, ("Ashland") , a Kentucky corporation, and that as such he is authorized to execute this Certificate on behalf of ASHLAND, and further certifies that : (a) Attached hereto is a true and correct copy of a Power of Attorney of Ashland Oil , Inc. , granted to E . A. Von Doersten by and thru John R. Hall its duly elected and duly authorized Chief Operating Officer. (b) Said Power of Attorney has not been revoked, modified, annulled or amended in any manner whatsoever; that said Power of Attorney does not in any respect conflict with or contravene the By-Laws , regulations or Articles of Ashland. IN TESTIMONY WHEREOF, I have hereunto signed and sealed this Certification this day of ohn P . Ward, Secretary [SEAL] POWER OF ATTORNEY ASHLAND OIL, INC. to E. A. VON DOERSTEN Dated October 1, 1981 Expires September 30, 1983 KNOW ALL MEN BY THESE PRESENTS: That, ASHLAND OIL,INC. , a corporation organized and existing under the laws of the Commonwealth of Kentucky (the "Corporation") , acting by and through John R. Hall, its duly authorized Chief Operating Officer, has and does hereby appoint E. A. Von Doersten, its true and lawful Attorney in Fact with power and authority, for and on behalf, and in the name of the Corporation, during the period hereinafter specified, and subject to the restrictions and limitations set forth in this power, to enter into commitments, execute and deliver contracts , and do and perform all such other acts and things as are necessary and appropriate to accomplish in the ordinary and regular course of the Corporation's business and operations , the management, business and affairs of the Corporation involving the research, development, purchasing or marketing of k chemical products as conducted by the Corporation under the designation of Ashland Chemical Company, subject in any case and in all matters to the control of the Chief Executive Officer and Chief Operating Officer of the Corporation, and the right of the grantor of this power, or the Chief Executive Officer, or any other officer of the Corporation who has authority to grant powers of attorney, to revoke this power, upon written notice to the Attorney filed with the Secretary of the Corporation; which power and authority in the ordinary and regular course of business shall include, not by way of limitation, but by way of confirmation, the power and authority described in the next succeeding paragraph. The Attorney herein designated shall have the power and authority to execute and deliver in the ordinary and regular course of the Corporation's business, and subject to the limitations and restrictions hereinafter set forth, any and all of the following instruments pertaining to the research, development, purchasing or marketing of chemical products under the designation of Ashland Chemical Company: (1) Contracts providing for the lease of offices , equipment, plants and warehouses , the terms of which do not exceed five years. (2) Contracts for the sale of chemical products , the terms of which do not exceed eighteen months, and any bids , bonds , or applications therefor, as may be required to obtain such contracts . (3) Distributorship and agency agreements providing for the distribution of Ashland products, the terms of which do not exceed three years . (4) Contracts for the sale of high energy fuels and related products , the terms of which do not exceed three years and any bids , bonds , or application therefore. (5) Research and development contracts for a period not to exceed two years . (6) Contracts providing for the purchase of chemical products for resale, or of raw materials to be further manufactured or processed, whether alone or with other materials , and result in chemical products for sale, the terms of which do not exceed three years . (7) Contracts providing for services to be performed and for facilities to be constructed on behalf of the Corporation, the terms of which do not exceed three years. (6) Agreements providing for the licensing, (either a licensor or licensee) of patents , technology or know-how, the terms of which do not exceed seventeen years . (7) Secrecy Agreements the terms of which do not exceed ten years . Provided, however, nothing contained in this power shall authorize the Attorney designated hereunder to (i) underwrite, warrant, endorse or guarantee the debt, performance, obligation or other similiar undertaking of any person, corporation or other entity whatsoever other than subsidiary corporations of the Corporation; (ii) sell, grant, convey or dispose of any assets not in the ordinary and regular course of business of the Corporation having a value in excess of $250 ,000 except with the express authorization of the Chief Operating Officer, or (iii) commit the Corporation to any contract, obligation or other undertaking exceeding in the aggregate $10,000,000. The Attorney herein designated shall be authorized to act hereunder from the date hereof only so long as such Attorney shall remain an employee of the Corporation or until September 30, 1983, or until such time as this instrument has been revoked, annulled and set aside by an instrument of revocation, whichever may first occur. IN WITNESS WHEREOF, the Corporation has caused this Power of Attorney to be executed on its behalf, and its Seal to be affixed and attested, in the County of Greenup, Commonwealth of Kentucky, on this 1st day of October, 1981, by the undersigned, John R. Hall, duly authorized Chief Operating Officer of the Corporation, and John P. Ward, duly authorized Secretary of the Corporation. ASHLAND OIL, INC. By,t,/7%,,/7e� �-f n R. Hall hief Operating Officer ATTEST: to n P. Ward, Secretary (2)