NATURAL GAS AGREEMENTS (025)
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C,'V OF CLEARWATER
I nterdepartment Correspondence Sheet
TO: Mr. Frank Kowalski, Asst. City Attorney
FROM:
COPIES:
Dennis A. Kramsky, Gas Division, General suPt.~
SUBJECT: Lip Equipment and Delivery Service Contract
DATE:
Sept. 4, 1984
Please verify that enclosed contract (3 copies) is correct in
form, signatures, etc. If you find this to be satisfactory,
please have it signed by proper authorities and return to the
Gas Division. We will forward a copy to the vendor after
completion.
Thank you very much.
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Encls.
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C I T Y
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CLEARWATER
PURCFASING DIVISION
POST OFFICE SOX 47409
CLEARWATER, FLORIDA 33516
Issue Date: Jlllle 25, 1984
SUBJECr: Invitation For Bid No. 97-84
RECEIVED
"",' 2'" '1984
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L P GAS SERVICE
Gas Division.
PRE-BID mNFERENCE:
None
;v'\.i\IL BIDS TO:
City of Clearwcter
Purchasir.g Division
P.O. &:lx 4748
Clearwater, F""i.. 33518
OR
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DELIVE? BIDS W:
City of Clearhoter
Purchasir.g Division
711 Maple St.
Clearwater, FL 33515
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2:00 P.M. - July 12, 1984
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BID RESroNSE FORM (IFB No.
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97--84
ITEM NO.
OUI\NTITYIUNIT
CCJM.10DITY
DESCRIPI'ION
liNIT
PRICE
TOTAL
PRICE
-L P Gas Service to be provided in accordance with specifications, terms
and conditions of attached Contract Agreement (ATCH 11 thru ATCH 14) .
-Bidders shall enter price per qallon and number of qallons in paragraph 2.1'..
on page 1 of ATCH 11 and return all copies of the agreerrent with this bid
response fonn in the bid return envelope.
-Contact Dino Krarnsky @ 813-462-6635 with any questions on specifications.
PAYMENT TERMS:
DELIVERY:
days ARO.
BIDDER REPRESEt<'T.'-TION
I represent that this bid is sul:mitteci in corrpliance wit."! all tenns, conditions
and specifications of the invitation to bid and that I am authorized by the
owners/principals to execute and sul:mit this bid on behalf of the business
identified below.
F.LD. 11
BUSINESS Ni'.'IE: /"""":::V..i':-9 /c.-c./
SIREE:r J\DDRESS. ~ 0 ";;.9:-C::..G'" h oA7 ~ ,
CI'iY, STJI.TE, ZIP CODE: ,.(4~ iJ ~ /9 -:33.s---fl---3~/
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PRL."TIIJ/D.1'ED NA'1E OF AllIHORIZED REPRES~'TATIVE: W, /~L? T~f~
TI'ILE/roSITION OF AllIHORIZED REPRESE1';'TATIVE:_~O.-e/~~ ~~~...e--
SIGNAThKE OF AL'IHCRIZED R5RES~'T."TIVE: ~ ~~ ~ .
DATE SUBr-lITTED: 9~ "fL~ g 4-
Telephone No. '- r3:::~ <!? 4- 713
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<mlEAAL CIJNDITICNS (IFB Nl9 ') - !' ~ r ' "
l?REl?ARATICN OF BIDS I _
Bids will J:e prepared in a=dance with the follcwing':
(a) Use t.":e enclosed Bid Resp::lllSe F= when sul:mi.t'"o-ir.g your bicL Bids subnitted
on any oth=r form(s) nay J:e rejected.
(b) All iDfomation required by the bid response fom shall J:e f=.isre.:J..
,(0) Unit prices shall J:e sh= ar.d if there is an error in exte.M.sion of price,
the unit price shall govern.
(d) Bidders delivery/perfonrance schedule sball include SUl"..cays and holidays.
(e) Bidders will not; include federal taxes nor State of FloriCa sales, excise,
and \JSe taxes in bid prices as tbe City is exerpt fran payrrent of such taxes.
An exetption certificate will J:e sic;ned whe..re applicable upon request.
2.
SUEVUSSION OF BIDS
(a) Bids and cl-.anges thereto shall J:e enclosed 1.'1 sealed e:velq::es aCC...-essed to
the PI.1rcl-asing Division, City of Clear.;at.er. TI-.e nare ar.d a&ress of the
bidder, the date and 00ur set for receipt of bids and the '-ULliulity bid'
on shall J:e placed. on the outsiC!e of th:' envelope.
,(b) Bids must J:e sul:mitted on the f= fumisteC.. Telegrap!lio bids will not J:e
o::nsidered. Bids, however, nay J:e,rrc:iified by telegrapl'lio notice provided
such notice is received prior to t1-.e time and date set for receipt of bids.
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3.
RBTIO'ION OF BIOS
(a) TI-.e City may reject a bid if:
1. 'The bi&er rnisstates or =--=-,.. any nate..o-ial fact in the bid, or J.J:,
2. 'The bid aces r.ot strictly o::nfc= to the law or requirerents of bid, or if,
3. 'The bid is cor.diticnal., except t.':at t.'>e bi&er rray qual:L.~ his bid for
acceptar.ce by ti'.e City en an "all or r.cne" basis, grcup basis, or a "lcw item"
I::asis. An "all or =e" basis bie. must incluC!s all ite!s up::n whic.'1 bids are
imrited.
(b) The City may, C:cwever, reject all bids wher.eve:- it is c....~ in t.'>e i:est inte..""'eSt
of tr.e City to do so, ,and may reject any part of a bid unless t.":e bid has been
'1""liT'ied as provided in 3(20)3. The City may also waive any rni,:lOr ir..:for.nalities
or i..-re;ulartties in any bid.
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4. WI'IHDRAWAL OF BIDS
(a) Bids nay not J:e withdiawn after tbey are- ope.'led and during tbe bid acceptance
period whic.'1 is sixty (60) days fran bid op:ning date unless other.;ise
specified. ' -,
(b) Bids may l:e witrorawnprior to the tine set for receipt of bids, providir.g
such request is in writing.
5. LATE BIDS OR illDIFICM'IOOS
(a) Bids and ~ications received after tr.e time set for receipt of bids '..ri-ll
not l:e cor.sidered.
(b) l<t:dificati= in writing received prior to the time set for receipt of bids
will. l:e accepted
6. ,RUlUESTS FCR CI.J\RIFICATIOO, OBJECl'ICNS ro A..'ID INI'ERPRETiU'IOOS OF BID SFECIFlc.;nOOS
(a) If any individual/firm ccnterrplatir.q sul:mi.ttir.q a bid for this contract is in
doubt as to the true meaning of, or objects to, t.'>e specifications or other
bid docurrents or any part t.'Jereof, r.e should contact tr.e Purohasir.g Offico...r.
Initial contact rray l:e by phone, but each contact must l:e confi..r:red in writir.q
in orCP~ to t:e o::nsidered valid. Letter or telegrapl'lio ccnEirrration must
arrive at the Purc.'1asing Office at least five (5) work Cays prior to the date
set for receipt of bids. If t...... five (5) Cay requirerre.'lt is not ret, ti-.e
individual ar.d/or firm he represents '~aives !lis ri"ht to object to, disptlte
or otherHise ol;aller~ this invitation to bid.
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GENnlAL CDNDITICNS (IFE NO.
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7. DI.SCCUNIS
(a) Bidders nay offer a discount for prarpt paynent and, such disco1.mts will
l:e o:rrputed to determine th; lo.;est net price for bid evaluation pUJ:tCSes.
BiClCers are e.'1c:ouraged, however, to reflect such discounts in their unit
bid prices.
(b) In connection with aIrf discount offered, tine will l:e =l'uted fran the
elate of receipt of Sllpplies or services or fran the date a correct invoice
is received, whichever is th; later elate. Payrrent is deared to l:e nade on
tre elate of nailing of the- check.
8.
~LES ""","'. ,:;-;,",.,..." ~~, \;-'-~:'';''''':\"
() l~,""", ~.,."" ~"'r,,"c' l:e~,"":,ThooJ~~~."'"t..~hne" 'soedi.fikl,' '"at roO
a SaIlila ' , ' ',' " ~= ~ '"', '..' , "
~:' '" Cf ~ rnPt re~ for tMi:cntract,~;destioYed;,o'
c. .' "<;hir' ;ti:stin7~"lles wil1il:e re'tbrlled uPon' st at
th; bi.. ~~~~,.vt,~," 5?l'Pl1[:",'",: ~~~,~tlk iClCer's
narre'"' <1" "., '5 " ,~~ n'~~, " No.' "' L':'-->
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9. rl=T1'TION OF SUPPLIES
(a) Any rranufacturer' 5 narres, trade narres, brar.d narre, or catalog nunl:ers used
in specifications are for the purpose of describing and estab 'shir.g general
~ty levels. SUO! REFERENCES ARE NOr INTI:N!2.ED~, "'" Bids
will l:e ca1Sl.dered for aIrf brand which rr"""L.,,:Ot".\eXc:eeds'~; 'J: of the
(b) ~;",ic:.r~"',"',,:l',":~,,,t..1ed~~:~,""~,~<l,)~~.\: '.in~~,i,',nd, {1~ .H~"\ 's'f,! othe=-.dse
~'-"';;;.o...,':;-:""""to <:.._'-"-;~' l.'.._,',cJ; ~'ied. ;'. .
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(c) :t::~ ~!t/~~\.r:1t:'~S)ir bid~~~ '., ' uate and
(d) Bir'r'''}lI'I.J'~:~~:\~yiiit-J._I~fran SFeCification (5) by s:p:r...ific
referel\'bjJt: (s')-,"P."~erarate attachrent (5) to tr.e bl.d resoonse
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form. " '. 5 aIrf exceptions taka'1. .
10.
BID IJEroSIT
(a) When specified in th; bid, bidders must suJ::rnit a bid de=sit in t.'le 2Iro1.mt
set forth in the specifications. This deposit must a~ tr.e bid
response form r'" \<
(b) Bid c...ooposit ~ l:e in tre form of a ~,,,~!,~ ~fi' ohec.~.
trust =PanY treasurer' 5 ~"" ,n.. i~, od' '''''', lJatioriaJ., or:.', ate bank.
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bid tend, postal","m:J~rCer"o;- cash. \'l ~,\~ 'j, \:
(e) ~'" ~:s. deposi~;~ l:e hh9,! as ~ty~. hi'. fait.'l
to '~, "':l>n,' t9, ji, ,f:O,,' ntrac+. ~',;'~,' tiO~,~, ~ ~t..~/'" deFOsit shall
l:e .; ~ ~\101\e s~Sfull:(:,:{;.i1-~ As ~,. '~,~ bidder's bid
"~ t ntY:, ~Jien.d ast,' ;:'" .0, ee, delivery, and/or ir.stallation.
(d) The' d~t~ 0 '.- biClCers shall l:e returned upon a....crd to
th; . and upon receipt of a Perfo~""'i,~fran tJ-e
sue bidder ; f required <fF<'>-'>o,. V'\ \1\
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(a) 1'<'he.'1 ~~"'~ ,tb? bid, a 100.% Perfoir,~ce Pf3;:;:iwill ~~ r"c; ned of tl-.e
"~fu1 bidder (s)'. pnor ~~.Itir..:i ec\#a~( }'.:. ,
(b), ~-J.pt',of the.Perfor:r~ ~nd, t.'l~:,' 'd ~ i1: applicable. of t.'".e
" es~, bi,,'~ (S),"\'"SShall ~'~ret-Aed .., _55 it is useC,!a;:plied to reQ1;ce
t.'1e;' ~.~) ~ P:tt-~~laeif.
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~ a:NDITIONS (ITE No. '/7-%1')
11. p~ ECND (oont.)
(c) Failure of vendor to .>:erfor.n any of tr.e services requL.-ed by this =t..""act
or to fulfill any of itS terms and =ditior.s wit!ti..."1 te."l CayS of receipt
of written datand for perfo=ance iran the City or failure of =tractor
to =red or replace defective ga::ds or prcduc'-..s wi', days iran
receipt of written datand tr.erefore .sl'~)\~~ ~;", ",." ch of
this ccntract and rray l:e s:<VJI'.~,,~ ~t:e.~rt ~.. . L the event
of suchte..~~the ~~~ ~:Lt S.,.: I::e, ,by,the City
, .~~, basel:i1~rmrt:tJ.al,~~~e.l~ a!'..d , .,,:dir.g J::eto..ree."l
.- . tt...qt"" ',:and, . ~ City at ;ne,; ;;. thi~,.'bid is, P~oli9-, ,,-,' 'tted and
' '"., ",' t.f\ in ~ opiIlicc9& the, Pur'" i.."1g0~ ' , City Manaq"....r,
failui:-e;Cif ~ tG~_ t-1e~€!ons of tris =t..""act is
,",' ".,,w, C/f ~L~~~ acts or events Q<,~ whic.'1 tr.e =t..rac'"..or
t. , ndzJ " . sSe. P=rf=ce &:posit rray, in whole or in pa..o-t, I::e
...C:ili~ to the =t=ctor wit!1OUt action by tr.e City Camtissicn. It is
ucderstccd trat suc.'1 Cetez:mination shall I::e entLrely Cis=etior..ary '.oIit!:l
the PurchasiI:q Ofticer and tr.e City~.
U. AW.BD OF CONIRl\C'I' .
(a) The =t=ct willl::e a\olarded to t!'".e lcwest, r"'--SpOnSive ar..dresp:::nsible bicce:-
....r.cse bid is IrCSt ~ to t.'le City, price ar..dct!-.er fac'"..ors =siCe..'"€C
(b) The City reserves tr.e righe to accept and award item by item, and/or ,Cy <;roup,
or in t.'le a........<=;."'te, unless the bi&er ,<"..1 i ':i es his bid Cy sp;cified limi ta-
ticns. Re Par. 3(a)3.
(c) If t"HO or rr=e bids received are for t.'le sars tctal =t or urit price,
quality and service l:ei1:g ~, tr.e =t..ract sJ-.all I::e 2IoOar"--ed to a local.
bidCer .
(d) A written award of accectar.ce (Purc.'1a.."e cr>--er), rtailed or ot.':er-Nise furr.is!:€C
to the su=ssful hi.......;.., shall result in a bir.dil:q =t..ract wit.':ol.ot ~"-,er
.ac'"..:ial by ei tr.er par.:y." _"..
13.. '!RANSFC..l\TATICN
(a) All bids shall I::e FOB Clearwater, Fl. to incluee any lccation or zip
coCe aCd..--ess witl1in the Clear..ater city limits. All trar.s;crtation
charges shall l:e incluCed iii cid-prices. No separate freight, shippi.-:g
or har..ding charges will I::e paid by the City. Title to ga::ds shall
rerrain with shipper until received and accepted by t.'1e City. lI.ccepta\'1ce
shall l:e evidenced by a signed receiv'...ng re,:crt fran t.'1e res:;:cnsible
City Cepartrrent.
14. I.CO.L, srxm, AND FEDERAL o:::t-!P'"....I.;;NCE RB;;<lIRD!il.-rS
(a) Bidders shall l:e in carpliance with all local, s-...ate, and fe-'Qral directives,
orCers ar.d laws as applicable to this bid ar.d subsequent contract (s) prior
to the date set :for receipt of bids. 'This incluees but is not ll;nited to:
(1) Equal Enployrrenb Op:;:crtunity (Em), in c::rrpliance with Exec.rtive
Order 11246, as applicable to this contract.
(2) Minority Business Enterprise (11BE), as applicable to t.'ti.s cor.tract.
(3) Cccupatior.a1. Safety ar..d Health Act (aSEA), as applicable to tt1is cor.t..-ac
(4) Any licenses, I=e-""!l1its or re<;ist..""atiC!'.s '...hic.'1 rray l:e "pplic->....ble.
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GENERAL CCNDITIONS (IFB No. CJ7-.k'r
15. COLLUSION
(a) The biclder, by' affixing his signature to the bid response form, agrees to
the following: "Bidder certifies that his bid is rrade without previous
understanding, agreerrent, or connection with any person, firm, or corp:>ra-
tion rreking a bid for the same items and is in all respects fair, without
outside control, collusion, fraud, or otherwise illegal action".
16. Further infomation, if desired, rray te obtained fran the Purchasing Officer,
711 Maple Street, Clear~ter, Florida 33515 Telephone (813) 462-6860.
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GDo"ERAL CXJNDmONS
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(IFB NO. '1 7 - P y)
17.' InsurancelHold Harmless. The contractor shall not ccmre..,ce work under
this centract until he has obtained all insurance under this section:
a. Worker's, Carp:nsation. The contractor shall provide and rraintain
during the life of this contract, at his own expense, \vorker' s
Carp:nsation Insurance as required by law.
b. Carprehen.sive C-eneral Liability. The co..,tractor shall provide and
na:intain during the life of this contract, at his own expense,
~rehen.sive General Liability insllr"Jlce including protection for
liability arising out of premises, op:rations, independer..t' contractors,
and contractual. The p:llicy shall l:e extended to provide for personal
injury liability and broad fom property damage liability. The
contract)la1 coverage mllst ;;pecify that it covers the hold harmless
aqLee..ent which is part of this contract. , The limits of liability
shall be as fo11O\>1S:
$100,000 per perscn.
$300,000 per accident for bodily injury.
c. Cart'rehensive A1It:=bile Liability. The contractcr: shall provide and
rraintain during the ill" of the contract, at his own expense, carrpre:-
hen.sive autmobile lidbility ins=nce, for any vehicles used to
perfo..~ t.'lls contract, including protection for liability ari,sing out
of owned, non-owned ani hired vehicles. The r>olicy shall be e;<:tended
to provide cont..-actual coverage for tr.e hold r.a.."'mless agreen:ent which
is part of the contract. 11'.e limits cf liability shall be as follow"S:
(1) Bodily Injury Liability - $100,000 each person, and $300,000
each OCC'..trrer..ce.
(2) Property Carrage Liability: $25,000 eac.'l cccurence.
d. Hold F..ar.nless ....greer.e..,t. 11'.e contractor agrees to ir.demify and told
harmless lob!! City of Clearwat:er, its agents, and errploy.......s, fran ani a~;ai,"st all
loss or expense (includir.g costs and att-.oI7'ey' s fees) by reason of liability
irrp:sed by law up:ln tr.e City of Clear.;ater for darn:ges because of bodily i..,jury, '
including death at any time resulting therefrCIli, sustained by any perscn or
persor.s or on account of damage to property, including loss of use thereof.
whetr.er caused by or contributed to by said City of Cle''"'.;atcr, its age...,ts,
e!l91oyees or ~s.
e. Certificate of Insurance. The contractor shall furnish the City's
Purc:r.asing Officer prior to the start of any Clpe--ations uneer this contract,
satisfactory proof of insurance coverage with an insurance carpany satisfactory
and acceptable to the City. To be accept"ble to the City, each i.-,sura..,ce
certificate rmJSt, contain a clause substantially as fonow;;,
"Sl""'!J.ld any of t.'le above described policies 1:e cancelled or undergo
material change before t.'le expiration date, the iSsuing ir.surance
c:arpmy will rrail within thirty (30) days written notice to City of
Clear.;ater. 11'.e interests of the City sr.all l:e included under suc.'1
p:llicies (e..xcept Worker's Cari:er.sation) as an aCditior.al ir.sured ::or
all losses arising cut of this agreerent."
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A G R E E MEN T
(LIQUEFIED PETROLEUM GAS)
Lip EQUIPMENT AND DELIVERY SERVICE
THROUGH NATURAL GAS EXPANSION PROJECT
THIS AGREEMENT, made and entered into this
~~4~$~ , 19$1'-, by and between the CITY
4-
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OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as IlCityU,
and/~r'#Y ~ ~~"'-"",*,.77"'41herinafter referred to as
IIco~actorll; ,
WIT N E SSE T H:
WHEREAS, the City is conducting a Natural Gas Expansion Program
consisting primarily but not entirely of main line construction, and
WHEREAS, the City Utilities Director has been designated Project
Director and the City Gas Superintendent has been designated as Project
Superintendent for the CitYl and
WHEREAS, said project is deemed to be of such special character as
to render its accomplishment most expedient by contracting for services
in connection with the operations of the City-owned natural gas system;
NOW, THEREFORE, in consideration of the promises, and of the
. faithful performance by each of the parties of the covenants and agreements
by the other made, it is mutually agreed by the parties as follows:
1. The Contractor shall provide the services set forth in Exhibits
A & B, the Scope of Services and Conditions of Service attached hereto
and made a part hereof as if fully rewritten herein.
2. The City shall compensate the Contractor in accordance with the
terms and conditions of this agreement, set forth in Exhibit B, Conditions
of Service, attached hereto and made a part hereof as if fully rewritten
herein, 'and as follows:
A. Compensation for contract standard services shall be at the
unit rate $0.665 per gallon, with an additional price per gallon
reduction if 100,000 , gallons are purchased by the City in one year.
-Of $0.02' (two cents) per gallon for allover 100,000
gallons. Price per gallon will be raised or lowered as the Company's
cost price is changed. These changes will be substantiated.
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and is to be completed by
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3.
Work on the Project by Contractor is to be star'ted
unless'otherwise renewed or terminated as provided herein~
4a In place of progress reports, the city retains the right to inspect
the work and services being provided pursuant to the Scope of Services and
Conditions of Service to determine if the Scope of Services and Conditions
of Service are being satisfied. Upon inspection, should the city determine
that such work or any portion thereof is not being performed in accordance
with the scope of services or conditions of service, then the city may reject
such work and the Contractor shall correct such rejected work at his cost.
5. The City retains the right to terminate- this agreement at any time.
Should the City exercise the right of termination, then the Contractor shall
be compensated in accordance with the provisions of this agreement for
that portion of the scope of services and conditions of service performed
and accepted to the date of termination.
6. The Contractor shall not subcontract any of the service set
forth in the scope of services without written consent of the City.
7. This agreement may not be assigned or otherwise transferred
in any manner.
8. This agreement shall be construed in accordance with the
laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have caused this agree~ent
to be executed the day and year first above written.
By
City
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At'(t. ~\.
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City Clerk
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7Jil~
JIL~/ ~A
As To C t actor
C?/..~ ~,~,
Contractor
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CONTRACT ADDENDUM A
SCOPE OF THE WORK: LIp GAS DELIVERY AND SERVICES
The work to be provided under this contract shall be the installation
of LIp tanks and regulators, servicing of future City natural gas customers
with LIp gas, as required by the gas expansion program.
Specific examples include the installation of required size LIp tanks,
installation of first phase regulators, installation of vaporizers (where
required) and the weekly delivery of LIp gas to accounts. Contractor is
directly responsible to the City Gas System Supply Supervisor or his or
her supervisors a
The work to be done by Contractor is of a ~emporary nature. The
City, through its expansion program, has the need to service future natural
gas customers with LIp gas before natural gas hook-up is available. Upon
installation of natural gas, the City will notify Contractor of the necessary
conversion. After.conversion is completed, Contractor will remove his
equipment and will cease to service City gas account.
All work shall be performed in accordance with industry standards
for workmanship, appearance "and function.
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CONTRACT ADDENDUM B
CONDITIONS OF SERVICE: CITY AND CONTRACTOR
1. Contractor will bill City on a monthly basis for deliveries made
to City accounts.
2. Contractor shall furnish the following insurance coverage at his
cost:
A. Worker's Compensation
B. Comprehensive Coverage on Vehicle
C. General Liability
3. Contractor is responsible for the maintenance and repair of his
equipment.
4. The City will furnish written notice to Contractor upon date
and time of estimated conversion to natural gas.
5. The City will compensate Contractor
of monthly delivery bill.
6. Contractor is responsible for the setting and removal of his
, after receipt
LIp tanks.
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