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Home My WebLink About94-82 RESOLUTIONfir RESOLUTION NO. / 7 ‘74?• A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH LINDE DIVISION, UNION CARBIDE CORPORATION FOR THE PURCHASE OF LIQUID OXYGEN. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Linde Division, Union Carbide Corporation for the purchase of liquid oxygen. A copy of the contract authorized for execution hereby is attached hereto and made a part hereof. PASSED AND APPROVED this 3l0 day of ,Ququsf'- , 1982. 'ATTEST-: egnSoll CITY ;CLERK A-24 APPROVED: 6;)at0)76C417/44// MAYOR 8ID NO. 500. LIQUID OXYGEN ." . JULIE 28, ,1982'• PAGE 3 This bid submitted by: Linde UNION CARBIDE CORPORATION, Linde Division Firm Name Two Greenway Plaza East Street Address Houston, Texas 77046 City, State, Zip Code rcra s Na u. mr ting Mackey DivbsioCorporation nherewith submit a bid of Firm Name $ 0.619 per 100 cubic feet of liquid herein on oxygen delivered as the Notice to Prospective Bidders for June 28, 1982.. specified Liquid Oxygen issued Address all bids to: Sturman Mackey, Purchasing Officer P.O. Drawer F Fayetteville, AR 72701 Mark outside of bid envelope "Liquid Oxygen Bid -- 10:00 A.M. July 13, 1982 Any questions regarding this invitation for bids should be directed to Sturman Mackey, Purchasing Officer or Donald Bunn, Water and Sewer Superintendent at A.C. 501-521-7700. (July 8, 1982) RECOMMENDATION: That the bid be awarded to the only bi Division of Union Carbide Corporation the Mayor and City Clerk to execute a be prepared by the City Attorney. dder, Linde and authorize contract to • is CITY OF FAYETTEVILLE, ARKANSAS OFFICIAL NOTICE TO PROSPECTIVE BIDDERS LIQUID OXYGEN BID N0. 500- JUNE 00JUNE 28, 1982 The City of Fayetteville, Arkansas will accept competitive bids until 10:00 A.M. on July 13, 1982 for liquid oxygen under the following terms and conditions: 1. Location of deliveries - Pollution Control Plant, on Fox Hunters Road, Fayetteville, Arkansas. 2. Estimated quantity of liquid oxygen during usage months is approximately 500,000 cubic feet per month. 3. Frequency of delivery shall be dictated by the conditions of the winning bidders own frequency of service schedule and the City's needs. All bidders herewith are placed on notice that the City will expect to have in storage at all times quantities sufficient to meet the City's needs for sidestream oxygenation. 4. Terms: The winning bidder must be in a position to furnish the City's liquid oxygen needs at the awarded bid price for a period of 12 consecutive months beginning from the date of bid award. The City shall have an option to renew the contract at the same awarded bid price as the original contract price. If the winning bidders cannot accept renewal of the supply agreement for one additional year at the same awarded bid price and upon the same terms and conditions, then the winning bidder shall notify the City in writing thirty (30) calendar days in advance of the expiration of the contract term. 5. Any contract resulting from this Notice to Prospective Bidders shall be governed by the laws of the State of Arkansas and Fayetteville Code of Ordinances. 6. There shall be no escallator clauses or other wording which would permit an increase in price to the City during the original contract period or any extension thereof. 7. The City reserves the right to accept or reject any or all bids, waive formalities in the bidding and to make a bid award deemed to be in the best interest of the City. It shall be the sole responsibility of the winning bidder to place a holding tank at the Pollution Control Plant and see that the proper control valves, piping and fittings are placed in service prior to the beginning of actual oxygenation of the sewage effluent. 9. The winning bidder and eventual contractor shall see that the City Personnel are properly trained in operating the valves and related facilities in a safe and orderly manner. It shall be the sole responsibility of the winning bidder to maintain at his own cost and expense all facilities owned by the contractors. 10. The winning bidder agrees to hold harmless the City and any of its employees and agents from any liability whatsoever due to wrongful, unworksmanlike or negligent acts performed by any agent or employee of the contractor. • • BID NO. 500 LIQUID OXYGEN JUNE 28, 1982 PAGE 2 11. Any alterations, maintenance or any other service required on contractors property shall be the sole responsibility of the contractor. 12. The liquid oxygen delivered shall be 99.5 percent pure. 13. During the hot summer months and early fall months (approximately six (6) months during the year) the City uses approximately 500,000 cubic feet of liquid oxygen per month. 14. All bidders shall bid on forms provided by the City. Unsigned bids will not be accepted. Any bid received after the date and time set for receiving bids will be returned unopened. 15. Bid prices shall include delivery of the product to the specified location. Bids shall not include the It Arkansas sales tax. 16. Any contract resulting from this Notice to Prospective Bidders must be approved by the City's Attorney prior to execution thereof. 17. Neither party to any contract resulting from this bid invitation shall be responsible or liable for damage to any equipment owned by contractor due to Act of God, fire, flood, storm, riot, war, sabotage, explosion, strike, labor disturbance, national defense requirement or any other situation not under the direct control of either partly or their agents. 18. It shall be the sole responsibility of the contractor to train all City employees working at the Pollution Control Plant as to the safe and proper procedures in handling the product specified. Proper warning signs shall be posted at locations deemed appropriate by contractor as to the hazards associated with the use of liquid oxygen and procedures to be followed in case of an accident. 19. No City employee or any other person will be permitted access to the storage area unless properly trained and authorized by the Pollution Control Plant Superintendent to have access to the storage area. 20. All bidders shallbid on a per 100 cub'c feet delivered basis. No other prices of any kind will be accepted or considered as a bid. 21. The contractor (owner of the holding tanks) shall take out and maintain at his own cost and expense general public liability insurance in the amount of $300,000 - $500,000 - $200,000. A certificate evidencing said coverage shall be filed with the City Clerk within ten (10) calendar days after execution of the contract. 22. If the winning bidder is a company other than the existing provider of liquid oxygen at the Pollution Control Plant, the new winning bidder agrees that by the submission of his bid that he (they) will have delivered, installed, and in operation on the Pollution Control Plant property by the required tank and related fittings within fifteen (15) calendar days from the date of receipt of notice from the City to begin performing service under the awarded bid. • • CONTRACT This contract executed this 2/* day of • • 1982, between the City of Fayetteville, Arkansas, hereinafter called the City, and Linde Division, Union Carbide Corporation, hereinafter called the Supplier. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. The Supplier shall supply the City for a period of one year beginning 41982, the City's requirements for liquid oxygen. 2. The City shall pay the Supplier $00.619 per 100 cubic feet of liquid oxygen delivered to the City by the Supplier. Said consideration shall be payable to Supplier within thirty days from the date the City receives an invoice from the Supplier reflecting the volume of oxygen delivered to the City and the date of delivery. 3. The Contract documents which comprise the contract between the City and the Supplier consist of this Contract and the following documents attached hereto and made a part hereof: (a) Notice to Prospective Bidders dated June 28, 1983 regarding City of Fayetteville bid number 500. 4. The Contract documents constitute the entire agreement between the City and the Supplier and may be modified only by a duly executed written instrument signed by the City and the Supplier. 5. The Supplier shall not assign his duties under the terms of this agreement. 6. The Supplier shall at all times maintain in full force and effect the following insurance: (a) Workmen's compensation insurance as required by Arkansas law. (b) Public liability insurance with such company and in such amounts as are approved by the City. 7. The Supplier agrees to hold the City harmless, and indemnify the City, against any and all claims for property damage, personal injury or death, arising from Supplier's performance of this Contract. IN WITNESS WHEREOF, the parties have executed this Contract on the date first above written. Attest: City Clerk Attest: Title City of Fayetteville, Arkansas By &etai)tderSilY Mayor Linde Division, Union Carbide Corporation By Title