Gas_Cylinder_Rentals_RTD_District_Wide.pdf

Regional Transportation District

Contracting and Procurement

1660 Blake St.

Denver, CO 80202

Request For Quotation

025DC004

GAS CYLINDER RENTALS RTD DISTRICT WIDE

August 1, 2025

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/rtd-denver https://procurement.opengov.com/portal/rtd-denver

Regional Transportation District

REQUEST FOR QUOTATION

Gas Cylinder Rentals RTD District Wide

Sections

1. INTRODUCTION

2. PROJECT SUMMARY

3. INSTRUCTIONS TO OFFERORS

4. FORMS TO BE COMPLETED AND SUBMITTAL REQUIREMENTS

5. QUOTATION COST

6. SCOPE OF WORK

7. GENERAL TERMS AND CONDITIONS

Attachments:

A - Cylinder Gas SOW

025DC004 - Gas Cylinder Rentals RTD District Wide

1. INTRODUCTION

RTD is seeking quotations from qualified firms to provide the following summary of goods and/or services: Gas Cylinder Rentals RTD District Wide.

1.1. Summary

RTD is seeking a contractor to provide rental and restocking of Industrial gas cylinders at all

RTD locations.

1.2. Contact Information

Dain Caldwell

Buyer

1660 Blake Street

Denver, CO 80202

Email: dain.caldwell@rtd-denver.com

Phone: (303) 299-6411

Department:

Bus Operations

1.3. Timeline

Release Project Date August 1, 2025

Question Submission Deadline August 8, 2025, 10:00am

Question Response Deadline August 15, 2025, 10:00am

Offer Submission Deadline August 22, 2025, 10:00am

Contractor Selection Date September 4, 2025 mailto:dain.caldwell@rtd-denver.com tel:(303)299-6411

2. PROJECT SUMMARY

2.1. Work

RTD is seeking a contractor to provide rental and restocking of Industrial gas cylinders at all

RTD locations.

2.2. Cost Type

Payments are anticipated to be made on a Fixed Price basis.

2.3. Award of Purchase Order

Award of a purchase order from this RFQ will be based upon “lowest responsive cost” procurement procedures.

2.4. Period of Performance

Subject to the Termination provisions of the purchase order, 3 Year.

2.5. Options for this Purchase Order

Two (2) 1-year options.

2.6. Disadvantaged and Small Business Enterprises Requirement for Purchase Orders with No DBE/SBE Goal

RTD has not specified a DBE/SBE participation goal for the Work to be performed under the

Purchase order. However, RTD encourages and expects Offerors to pursue subcontracting, mentoring, joint venturing, teaming and partnering opportunities with DBE/SBE firms in the ordinary course of its business/teaming strategies. To date, RTD has achieved greater than

20% DBE/SBE participation on its overall FasTracks DBE/SBE Program. Offerors are encouraged and expected to create a level playing field to the maximum practicable extent consistent with the objectives and requirements of the RTD DBE/SBE program based on federal regulations codified at 49 CFR Part 26 and RTD’s DBE/SBE Program Policy. Therefore, Offerors are requested to document their efforts to include DBEs/SBEs in this contracting opportunity, if any.

Offerors are also requested to explain in their executive summary how they intend to utilize and/or will encourage subcontracting, mentoring, joint venturing and/or partnering opportunities with DBEs/SBEs for this project. Furthermore, Offerors are to submit a general workforce breakdown for their company (including affiliates) and the project. RTD is interested in your strategies and approach to seeking diversity in the Offeror team to include DBEs/SBEs, minorities and women in all phases of subcontracting, supplier and workforce opportunities associated with the Purchase order. RTD is an equal opportunity employer and also operates a successful Small Business Opportunity Office. Therefore, RTD expects Offerors to demonstrate the same meaningful level of commitment to diversity from businesses that participate in RTD’s procurement process.

2.7. Quotation Validity Period

Quotations shall be valid for a duration of no less than ninety (90) days from quotation due date.

Quotations that are late may not be accepted!

3. INSTRUCTIONS TO OFFERORS

3.1. Compliance with Specifications/Scope of Work.

All Offerors, by submission of their quotation, agree to comply with all of the conditions, requirements, and Specifications of this Request for Quotations (“RFQ”), as stated or implied in this RFQ.

3.2. Omissions from RFQ.

Should RTD omit anything from this RFQ which is necessary to a clear understanding of the work, or should it appear that various provisions are inconsistent or in conflict, then the Offeror shall secure written instructions from RTD during the Inquiry Period noted in the RFQ Schedule.

3.3. Inquiries.

Questions about RTD and this RFQ shall be directed, in writing, to Dain Caldwell, Buyer, through RTD’s online procurement portal. All requests for clarifications and/or changes to the form of the purchase order, including suggested changes to the terms and conditions, must be made during the Inquiry Period. RTD has no obligation to respond to questions and requests for clarifications or amendments that are not submitted in writing, nor to those submitted outside of the Inquiry Period.

RTD has no obligation to accept requested changes to the form of the purchase order beyond the Inquiry Period, and no changes will be made after award to the successful Offeror(s) (other than in respect of typographical errors). If an Offeror does not submit any request changes, the Offeror will be deemed to have accepted the terms, conditions, and requirements of this RFQ. Requested changes, including additional terms, conditions, and agreements (such as license agreements, master services agreements, and user agreements), must be submitted with quotations. At

RTD’s sole discretion, RTD may deny any requested changes submitted during the

Inquiry Period. Requested changes must be specific (including, as applicable, RFQ section reference, reason for requested change and proposed revised language) and clearly identified.

RTD will not accept blanket exceptions to any or all terms, conditions, or requirements of this solicitation to be negotiated at a later date. At RTD’s sole discretion, RTD may deny requested changes that are embedded by hyperlink or cited by reference in a RFQ Submittal and related documents. FAILURE TO ACCEPT

THE TERMS AND CONDITIONS IN THIS SOLICITATION MAY RESULT IN A OFFEROR

BEING DEEMED NON-RESPONSIVE.

3.4. Protests.

Offerors must submit protests related to this RFQ in writing to Dain Caldwell, Buyer, the pursuant to the procedures set forth in RTD’s procurement standards manual. Copies of RTD’s protest procedures are available upon request to the buyer listed in the RFQ Schedule. Offerors must exhaust all administrative remedies prescribed by RTD’s protest procedures before proceeding to court.

3.5. Alteration of Documents.

Any alteration, insertion, or erasure by the Offeror in the form of the RFQ documents as originally prepared by RTD shall render the Offeror non-responsive and may constitute cause for rejection. Conditional quotations or those that take exception to the RFQ documents or

Scope of Work may be treated as non-responsive.

3.6. Price Proposal and Signature.

Quotations must be submitted on the quotation form provided with the RFQ and must include detailed costs and fees on a separate page. The quotation form must be signed by the individual or officer who is duly authorized to bind the Offeror to the terms of its quotation.

3.7. Preparation of Quotation Form.

The Quotation form must be filled out in all details, showing the quotation(s). In cases of discrepancy between the unit price and the computed total price, the unit price alone will be considered as representing the Offeror’s intention.

3.8. Submission of Quotation.

One copy of the completed and signed quotation, including all required submittals, will be submitted through RTD’s online procurement portal prior to the date and time listed in the RFQ

Schedule in a format that complies with Level AA of the Web Content Accessibility Guidelines

2.1 of the World Wide Web Consortium (W3C) Web Accessibility Initiative. Quotations received by RTD after the date and time specified may be considered non-responsive. RTD will accept only one quotation from any one Offeror for the product or service proposed to be supplied;

this includes quotations that may be submitted under different names by one firm or corporation. If Offeror is using subcontractor(s), Offeror must disclose subcontractor company information (company name, address, contact name, email and phone number) with its quotation. No quotation shall be accepted from, and no purchase order will be awarded to, any one person, firm, or corporation that is in arrears upon any obligation to RTD or that may otherwise be deemed irresponsible or unreliable by RTD.

3.9. Withdrawal of Quotations.

An Offeror may withdraw its quotation at any time prior to the quotation due date through

RTD’s online procurement portal not later than the exact time set for opening of quotations.

3.10. Rejection of Quotations.

RTD may reject any and all quotations and reserves the right to waive defects in the quotations as the interest of RTD may require.

3.11. Award of Purchase Order.

RTD will award one purchase order from this RFQ. The purchase order shall be awarded to the responsible Offeror whose quotation is responsive to the RFQ and is most advantageous to

RTD, with consideration given to the price and factors as may be set out in the RFQ. In determining the successful Offeror, consideration shall be given to the Offeror’s financial responsibility, past experience, and the suitability of the product or service offered for use by

RTD.

3.12. Time of Award of Purchase Order.

It is the intent of RTD to make an award within 90 days after quotations are opened and to prepare and transmit purchase order documents within a reasonable time thereafter.

3.13. Prompt Payment Discount.

Discounts for prompt payment will not be considered in the evaluation of quotations. However, any offered discount will form a part of the award and will be taken if payment is made within the discount period indicated in the quotation. As an alternative to offering a prompt payment discount in the quotation, Offerors awarded contracts may include prompt payment discounts on individual invoices.

3.14. Options.

If RTD has included the potential for options on this purchase order, quotations should be adjusted to cover such option(s). The option quantities or periods contained in the quotation shall be evaluated in order to determine purchase order award. RTD will evaluate quotations for award purposes by adding the total offered price for all options to the total offered price for the initial term of the purchase order. When options have not been evaluated as part of the award, the exercise of such options will be considered “sole source” procurements. Award of a purchase order containing options shall not obligate the RTD to exercise such option(s).

3.15. Quotation Cost

Submission Requirements.

A. Submit the Quotation Cost through the Pricing Table provided in the Quotation Cost section of this solicitation in RTD's online procurement portal.

B. Submit an “Open Records” copy of your Quotation Cost per the Colorado Open Records

Act, C.R.S. § 24-72-200.1 et seq. (as amended), including the redaction of any confidential or proprietary information, by exporting the Pricing Form, redacting sensitive data, and then submitting it as the Open Records Quotation Cost in the FORMS

TO BE COMPLETED AND SUBMITTAL REQUIREMENTS.

3.16. Notification to Successful and Unsuccessful Offerors.

RTD will notify the successful Offeror, if any, by sending a notice of intent to award, which is subject to any required RTD approval, vial RTD’s online procurement portal. Following RTD approval, the Contracting Officer will initiate the purchase order signature process. The RTD

Buyer shall notify unsuccessful Offerors in writing of exclusion from award.

3.17. Cost of Quotation Preparation.

RTD shall not reimburse Offerors for costs incurred for preparation of quotations or required documentation.

3.18. Materials Submitted.

All materials submitted shall become the property of RTD and will not be returned to the

Offeror.

3.19. Confidentiality.

RTD is a public entity subject to the provisions of the Colorado Open Records Act, C.R.S. § 24-

72-200.1 et seq. (“CORA”), and all materials submitted with this RFQ, with the exception of trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data pursuant to C.R.S. § 24-72-204(3)(a)(IV), may become public records subject to inspection by the public at any time after the purchase order is executed. Therefore, any confidential or proprietary information that the Offeror discloses to RTD with respect to this RFQ must be clearly designated as confidential or proprietary at the time of disclosure by the Offeror to RTD. RTD shall not disclose properly designated information unless such information is required to be disclosed by law or court order. In the event of a legal challenge to the confidentiality of records so designated by the Offeror, RTD shall make reasonable efforts to notify the Offeror prior to disclosing any such information, and in some cases may tender to the

Offeror the defense of any action filed. By submitting an RFQ Submittal, the Offeror agrees to accept such tender of defense and in all cases assumes exclusive responsibility for defending its position as to the confidentiality of the requested information. RTD is not obligated to assist in such defense and cannot and does not guarantee that the confidentiality of records so designated will be upheld by a reviewing court. If the Offeror fails to submit a copy of its redacted RFQ Submittal that may be released under CORA, the Offeror acknowledges that RTD has the authority to disclose, and may disclose in its discretion, any information contained in the RFQ Submittal in response to a CORA request.

3.20. News Releases.

RTD’s written approval is required prior to any communication with the press or any public disclosure relating to this RFQ or any subsequent awards.

3.21. Pre-Award Audit.

RTD reserves the right to conduct a pre-award audit to verify labor rates, overhead rates, etc.

should RTD determine that such an audit is required prior to negotiation or award of this purchase order.

3.22. Prohibited Interests.

No employee of RTD or any member of its governing body shall have any personal or financial interest, direct or indirect, in this purchase order or any contract executed subsequently in connection with this purchase order during his or her tenure or for one year thereafter. No director, officer, employee, or agent of RTD shall be interested in any contract or transaction with RTD except in his or her official representative capacity.

3.23. Competition in Subcontracting.

Offerors shall select subcontractors (including suppliers) on a competitive basis to the maximum practicable extent consistent with the objectives and requirements of any purchase order awarded.

3.24. Personnel Availability.

By submitting its RFQ Submittal, the Offeror certifies that it and each of its subcontractors possess an adequate supply of workers qualified to perform the work specified within the purchase order schedule; that there is no existing or impending dispute between it and any labor organization; and that it is prepared to comply fully with prevailing wage requirements, minimum wages, maximum hours of work, and equal opportunity provisions contained in the purchase order Terms and Conditions.

4. FORMS TO BE COMPLETED AND SUBMITTAL

REQUIREMENTS

Note to Respondents: In order to download the submittal forms in the "Forms to be

Completed and Submittal Requirements section," Respondents must download them directly from the online procurement portal.

Please only include cost in designated "cost" sections, or cost table if provided. Any cost information submitted or duplicated in other sections may result in response disqualification.

4.1. In addition to any information required elsewhere in this Solicitation and in the Scope of Work, all responses shall contain and will be evaluated based on the following sections:

4.1.1. Name and Title of Individual(s) Authorized to Sign the Contract* Please enter the full name(s) and title(s) and email address(es) of the individual(s) authorized to sign the contract if awarded to your company. Only list multiple names if multiple individuals are required to sign.

*Response required

4.1.2. Name and Title of Respondent’s Authorized Official*

The following questions are prepared in electronic format, and the Respondent is required to respond in this format. All required certifications, documentation, and response information below shall be answered and provided by an authorized official with binding authority.

Electronic selections and confirmations shall be as binding as a signature from the authorized official submitting this response on behalf of the Respondent.

Please type the full name and title of the authorized official electronically submitting this response.

*Response required

4.1.3. I certify that I have read, understood, and agree to be bound to the terms in the General Instructions, Solicitation Instructions, Award Process, and Legal Notice in this solicitation, and that I am authorized to submit this response on behalf of my organization.*

☐ Please confirm

*Response required

4.1.4. I certify that I have read, understood and agree, on behalf of the firm submitting this response, to the terms and conditions set forth herein with the exception of any modification requests approved by RTD during the Q&A period.*

☐ Please confirm

*Response required

4.1.5. Bid*

Submit your Bid per the instructions in the solicitation.

*Response required

4.1.6. Open Records Copy of Bid

Submit your Open Records Copy of Bid per the instructions in the solicitation.

4.1.7. ORGANIZATIONAL CONFLICT OF INTEREST DISCLOSURE REQUIREMENTS*

A. Organizational conflict of interest means that, because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to RTD, or the person's objectivity in performing the Work is or might be otherwise impaired, or a person has an unfair competitive advantage.

B. Each firm responding to the Solicitation shall provide the statement described in paragraph (c). This requirement will apply individually to any of the firm’s consultants or lower-tier subcontractors that also furnish Work in performance of the Contract to be awarded.

C. The statement must contain the following:

1. Name of the firm and the number of the Solicitation in question.

2. The name, address, telephone number, and federal taxpayer identification number, if applicable, of the firm.

3. A description of the nature of the Work rendered by or to be rendered on the

Contract or related to the Contract.

4. A statement of any past (within the past 12 months), present, or currently planned financial, contractual, organizational, or other interests relating to the performance of the Contract. For contractual interests, such statement must include the name, address, and telephone number of the client or client(s), a description of the services rendered to the previous client(s), and the name of a responsible officer or employee of the firm who is knowledgeable about the services rendered to each client, if, in the 12 months preceding the date of the statement, services were rendered to RTD or any other client respecting the same subject matter of the

Solicitation or directly relating to such subject matter. The client and contract number under which the services were rendered must also be included, if applicable.

For financial interests, the statement must include the nature and extent of the interest and any entity or entities involved in the financial relationship. For these and any other interests, enough information must be provided to allow a meaningful evaluation of the potential effect of the interest on the performance of the Contract.

5. A statement that no actual or potential conflict of interest or unfair competitive advantage exists with respect to the Work to be provided in connection with the

Contract or that any actual or potential conflict of interest or unfair competitive advantage that does or may exist with respect to the Contract or related to the

Contract has been communicated as part of the statement required by section (c).

D. Failure of a firm to provide the required statement may result in the firm being determined ineligible for award. Misrepresentation or failure to report any fact may result in the assessment of penalties associated with false statements or such other provisions provided for by law or regulation.

ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION

If the Respondent is aware of information bearing on whether a potential conflict may exist, the

Respondent shall provide a disclosure statement describing this information as described in the

Disclosure Requirements above.

☐ The Respondent IS aware of any information bearing on the existence of any potential organizational conflict of interest as described in the Disclosure Requirements.

☐ The Respondent IS NOT aware of any information bearing on the existence of any potential organizational conflict of interest as described in the Disclosure Requirements.

*Response required

4.1.8. Current W9 *

Please download the below documents, complete, and upload.

• 02.12_W9_updated_1822.pdf

*Response required

4.1.9. KEY PERSONNEL*

Please download the below documents, complete, and upload.

• Key_Personnel.docx

*Response required

4.1.10. The Respondent understands that any condition stated above, clarification of the above, or information submitted on or with this form other than requested will render the quotation non-responsive.*

☐ Please confirm

*Response required https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/36/2715a66a-0788-44f4-923d-4592ac83cb02_02.12_W9_updated_1822.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4GQSX3KYR%2F20250801%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20250801T154909Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEMj%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJHMEUCIQDfB4gyC%2FRgh3nxtp2fW04JBWZxKIAIiOxAhIK5RfZyAAIgCNvWeYJrcJzdv4f8EM4wHvP0E95xzJSFgK7fPVJzTvwqjAUI8f%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FARACGgw4OTIzNjQ2ODc2NzIiDAP0qtXGWFQI8EcX%2FSrgBK3gLVZ5nrMql0UTu%2BaQxYr8RU0BwGUJhlEAwR1YgcB2d6%2FUnw%2BDvZ4ssvufLuC9Q9Yp8aZroZWhaVYsqHOaDMJ9vzOZivgmDuJ6EknXUWZqaFrWzheJeHf6hb41whke8aW5UCdixRiQQtkZo55UJg3okXVQNdH5N8e7eIjL3DtY%2Fdag%2BwSyhWfGu%2Bkx9FvwanK9Msh%2B7qrFuJLIcE2ZwgZ8zzd9vhlaDKjv1vx0T8pJRLz2pIYiZvp5yeozoR4ECubJTNHrTBKd8q%2F9J%2F0c8Zrt4WGXDa1FIhP1mzOUgGPNxaD55SNUZxyBRxUkv4vdirKvBLiOSVhjvDlThdLLUu%2Bbd17Ngvhb6g4DvIlFolr70CEPDZRQx7yaBTQijRbDG4zS5MNB%2FXzAOlTn50ur1XESG4Ykqr2pdyYAoKZX%2F2HsRw37UY0qseYPL1aIzrnLdy3IL8fX5%2Fl0y3J6QNnEIcP9q7QW6VDYMhvzuQCf9f%2F4GPAZLtwX3RoSkUVvTpa99eIIO9TwoEXUNWuNf94eBRfkjpYa0J0SKmQlEFXuappX%2FORO%2Bf4isXERRsdi22rb2edo00azYTxK7lKuHGbn4iYpWplWVICb%2BUI936%2BjVOGon6pJSs8gn3GnEGKhQ2nC%2FbqLPSnQAk7aSe0PZIdp5Fg9L0c%2BlaeA5BOs6d4r6SQ7vcznC%2Bbcq9V17egEY8C4K%2FLfmeCjABgIkFaEvOZTjoGVid%2B2VU%2BbFRivznqrBBf1ZOjLI3daoPNH50bCFs0QTEj0O3NfrPzErSTptXjrSk7KeISZ2sOxR5oTf4F53fu5MN65s8QGOpsBeNE2DeBwrE5E70y5e4AiunOfzu0RONgZUzWOJ%2F1In5ksFIH2XYPNgWl81vbX9%2FA%2Bn%2FS7BHggcdi7ZIMmSXv63e5GXqi14IphIIw86msiydIPjP5VXQEJJ%2FtRsqqbJHuaiBhGqBE%2BlPUNMU7tzMIO%2FoU95t2uX5Wlnm0lWIH84FyrqOAuj0pBHV694%2F8YuFjTcK6mFQPE9gNtCyk%3D&X-Amz-Signature=179ade46eac01314a81f1402c2b2cbf54e4370b5fef8501ab88dc28a8a8eaea0&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%2202.12_W9_updated_1822.pdf%22&x-id=GetObject https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/36/387664a0-f1d1-4e62-b529-fc5284b50777_Key_Personnel.docx?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4GQSX3KYR%2F20250801%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20250801T154909Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEMj%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJHMEUCIQDfB4gyC%2FRgh3nxtp2fW04JBWZxKIAIiOxAhIK5RfZyAAIgCNvWeYJrcJzdv4f8EM4wHvP0E95xzJSFgK7fPVJzTvwqjAUI8f%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FARACGgw4OTIzNjQ2ODc2NzIiDAP0qtXGWFQI8EcX%2FSrgBK3gLVZ5nrMql0UTu%2BaQxYr8RU0BwGUJhlEAwR1YgcB2d6%2FUnw%2BDvZ4ssvufLuC9Q9Yp8aZroZWhaVYsqHOaDMJ9vzOZivgmDuJ6EknXUWZqaFrWzheJeHf6hb41whke8aW5UCdixRiQQtkZo55UJg3okXVQNdH5N8e7eIjL3DtY%2Fdag%2BwSyhWfGu%2Bkx9FvwanK9Msh%2B7qrFuJLIcE2ZwgZ8zzd9vhlaDKjv1vx0T8pJRLz2pIYiZvp5yeozoR4ECubJTNHrTBKd8q%2F9J%2F0c8Zrt4WGXDa1FIhP1mzOUgGPNxaD55SNUZxyBRxUkv4vdirKvBLiOSVhjvDlThdLLUu%2Bbd17Ngvhb6g4DvIlFolr70CEPDZRQx7yaBTQijRbDG4zS5MNB%2FXzAOlTn50ur1XESG4Ykqr2pdyYAoKZX%2F2HsRw37UY0qseYPL1aIzrnLdy3IL8fX5%2Fl0y3J6QNnEIcP9q7QW6VDYMhvzuQCf9f%2F4GPAZLtwX3RoSkUVvTpa99eIIO9TwoEXUNWuNf94eBRfkjpYa0J0SKmQlEFXuappX%2FORO%2Bf4isXERRsdi22rb2edo00azYTxK7lKuHGbn4iYpWplWVICb%2BUI936%2BjVOGon6pJSs8gn3GnEGKhQ2nC%2FbqLPSnQAk7aSe0PZIdp5Fg9L0c%2BlaeA5BOs6d4r6SQ7vcznC%2Bbcq9V17egEY8C4K%2FLfmeCjABgIkFaEvOZTjoGVid%2B2VU%2BbFRivznqrBBf1ZOjLI3daoPNH50bCFs0QTEj0O3NfrPzErSTptXjrSk7KeISZ2sOxR5oTf4F53fu5MN65s8QGOpsBeNE2DeBwrE5E70y5e4AiunOfzu0RONgZUzWOJ%2F1In5ksFIH2XYPNgWl81vbX9%2FA%2Bn%2FS7BHggcdi7ZIMmSXv63e5GXqi14IphIIw86msiydIPjP5VXQEJJ%2FtRsqqbJHuaiBhGqBE%2BlPUNMU7tzMIO%2FoU95t2uX5Wlnm0lWIH84FyrqOAuj0pBHV694%2F8YuFjTcK6mFQPE9gNtCyk%3D&X-Amz-Signature=dbb6c2f9d626edc983f89bfa911a21d1e1f4739a93171e2467b578577a9ce64c&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Key_Personnel.docx%22&x-id=GetObject

5. QUOTATION COST

GAS CYLINDER RENTAL

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 75-25 Argon Co2 - Size - 336CF 32 ea

2 75-25 Argon Co2 - Size - 125CF 2 ea

3 75-25 Argon Co2 - Size - 92CF 6 ea

4 75-25 Argon Co2 - Size - 65CF 1 ea

5 Argon - Size - 336CF 26 ea

6 Argon - Size - 125CF 5 ea

7 90-7.5 He Ar Bal Co2 - 285CF 5 ea

8 90-7.5 He Ar Bal Co2 - Size -

125CF

1 ea

9 Oxygen - Size - 307CF 8 ea

10 Oxygen - Size - 251CF 23 ea

11 Oxygen - Size - 92CF 17 ea

12 Oxygen - Size - 20CF 3 ea

13 Acetylene - Size - 100CF 39 ea

14 Acetylene - Size - 75CF 3 ea

15 Acetylene - Size - 40CF 6 ea

16 Acetylene - Size - 10CF 5 ea

17 Nitrogen - Size - 304CF 26 ea

18 Nitrogen - Size - 65CF 2 ea

19 Nitrogen - Size - 40CF 4 ea

Line Item Description Quantity Unit of

Measure Unit Cost Total

20 Propane - Size - 20LB 40 ea

21 Propane - Size - 100LB 5 ea

22 Forklift Propane 30 ea

23 Delivery Fees 1 ea

24 Other Fees 1 ea

TOTAL

6. SCOPE OF WORK

See Attachments for the Scope of Work/Technical Specifications.

6.1. Scope of Work

Please see Attachment

7. GENERAL TERMS AND CONDITIONS

FIXED PRICE PURCHASE ORDER FOR GOODS AND/OR SERVICES

7.1. INSTRUCTIONS TO CONTRACTOR.

Contractor shall include RTD’s purchase order number on invoices, packing lists, bills of lading, packages, containers, and correspondence processed under this purchase order. A packing list shall accompany each shipment of goods and, if such shipment completes this purchase order, shall show there: “This shipment completes this order.” RTD will not pay Contractor costs incurred for boxing, crating, shipping insurance, handling, banding, etc., unless previously agreed upon and indicated on the original purchase order. Goods shall be packaged to ensure safe arrival at destination; goods not properly packed may be rejected by RTD.

7.2. CONTRACTOR’S ACCEPTANCE.

This purchase order constitutes an offer by RTD to Contractor to purchase the goods and/or services covered by this purchase order. In the event of any inconsistency or conflict among these terms and conditions and other documents, the following order of precedence shall apply:

(a) these terms and conditions; (b) terms written on the face of or otherwise referenced in this purchase order; and (c) any related purchase or service agreement for which this purchase order form is an attachment. Upon acceptance of this purchase order, shipment of goods or commencement of services, Contractor shall be bound by the provisions of this purchase order, including all provisions set forth in this purchase order whether or not Contractor signs or otherwise acknowledges this purchase order, unless Contractor objects to any specific provisions in a writing delivered to RTD reasonably prior to shipping goods or commencing services. Any additional terms and conditions referenced on vendor’s forms or invoices but not included in this purchase order are void.

7.3. PAYMENTS.

Invoices, whether for goods and/or services, shall be submitted to RTD and shall contain the following information: Contractor’s Legal Name, Purchase Order Number, Total Purchase Order

Amount, Item Number, Description of Goods/Services, Quantity, Unit, Unit Price, and Total

Amount Due. Submit invoices to: AP.Department@rtd-denver.com Unless otherwise specified, payment will be made on partial deliveries accepted by RTD when the amount due on such deliveries so warrants. Service rates set forth in this purchase order include all profit, wages, salaries, overhead, taxes and other costs and expenses. RTD shall make no payment for work performed at overtime or premium rates unless such work is expressly authorized by RTD.

7.4. DISCOUNTS.

If a prompt payment discount is negotiated, its terms will be specifically identified in this purchase order. For purposes of earning such discount, payment shall be deemed tendered as of the date such payment is placed in the U.S. Mail or as of the date such payment is submitted through an acceptable form of electronic funds transfer.

7.5. TAX EXEMPTION.

RTD is a political subdivision of the State of Colorado and is exempt from federal excise tax under 26 U.S.C.A. § 4221-4222 (2002). RTD is exempt from Colorado state sales and state-collected sales taxes (Colorado State: 98-00688). RTD is not exempt from any local sales and use tax levied by a home rule city unless that municipality specifically exempts political subdivisions from payment of such sales and use taxes.

7.6. DELIVERY, INSPECTION, AND ACCEPTANCE.

Time is of the essence in the performance of this purchase order. Delivery of goods shall be freight on board (FOB) destination, unless otherwise specified on this purchase order.

Inspection and acceptance by RTD will be at shipping destination, unless otherwise provided.

Risk of loss shall remain with Contractor until tender of delivery, installation (if applicable), and acceptance of goods by RTD. Where RTD rightfully rejects or revokes acceptance of goods, in accordance with the Article titled "Nonconforming Goods and/or Services," the risk of loss shall be deemed to have remained continuously with Contractor from the beginning. When goods are delivered, certificates or releases signed by representatives of RTD are understood to be a simple acknowledgement of receipt of goods and do not constitute acceptance by RTD of the condition of the materials in whole or in part. RTD reserves the right to return goods delivered in advance of any prescribed delivery schedule.

7.7. NONCONFORMING GOODS AND/OR SERVICES.

If the goods and/or services ordered fail to conform to the requirements of this purchase order, RTD shall have the right to reject such goods and/or services. Goods that have been delivered and rejected may be returned to Contractor for replacement, correction, reimbursement, or credit as RTD may direct; any rejected goods are at Contractor’s risk and expense. Packaging and handling expenses and applicable transportation costs incidental to returned or rejected goods shall be payable by Contractor. At RTD’s sole discretion, nonconforming services rejected by RTD may be re-performed by Contractor to conform to the requirements of this purchase order with RTD’s prior written approval. Such re-performance shall be at Contractor’s expense or with a credit as RTD may direct, or RTD may cancel this purchase order and be reimbursed by Contractor for any costs incurred related to the nonconforming services. Upon non-acceptance, repudiation or rejection of any goods and/or services, RTD shall not be liable for any profit Contractor would have made, nor for incidental damages. If, after notice of rejection requiring replacement, correction, or re-performance, Contractor fails to promptly replace, correct, or re-perform such rejected items, Contractor will reimburse RTD for any costs incurred related to the nonconforming items and, at RTD’s sole discretion, such items may be replaced, corrected, or re-performed by RTD at the expense of Contractor.

7.8. VARIATION IN QUANTITY.

No variation in the quantity of any item called for by this purchase order will be accepted unless such variation has been caused by conditions of loading, shipping, packing, or allowances in manufacturing processes, and then only to the extent, if any, specified elsewhere in this purchase order. Variations in quantity not meeting these criteria may render the tender of delivery nonconforming.

7.9. BRAND NAME OR APPROVED EQUAL.

If an item is identified as "brand name or approved equal" in this purchase order, the purchase description reflects the characteristics and level of quality that will satisfy RTD’s needs. The salient physical, functional, or performance characteristics that "approved equal" products must meet are specified in this purchase order. Unless RTD has clearly indicated in writing that an

"equal" product has been approved, and is identified by brand name, if any, and make or model number, the Contractor shall provide the brand name product referenced in this purchase order.

7.10. NEW MATERIAL.

(This Article applies to purchase orders for goods only.) Unless this purchase order specifies otherwise, the Contractor represents that the goods and components, including any former RTD property identified, are new, including recycled (not used or reconditioned), and are not of such age or so deteriorated as to impair their usefulness or safety. If the Contractor believes that furnishing used or reconditioned goods or components will be in RTD's interest, the Contractor shall notify the Contracting Officer in writing. The Contractor's notice shall include the reasons for the request along with a proposal for any cost-savings to RTD if RTD authorizes the use of used or reconditioned goods or components.

7.11. RIGHTS TO MATERIALS.

Except as provided in the Article titled “Hazardous Materials,” or as otherwise provided in this purchase order, all materials, including but not limited to documents, equipment, supplies, and any tangible or intangible property that RTD provides to Contractor or that Contractor provides to RTD related to the performance of this purchase order shall be the exclusive property of

RTD. Notwithstanding the foregoing, Contractor retains the exclusive rights, title, and ownership to any pre-existing materials owned or licensed to the Contractor (“Pre-existing

Contractor Materials”) and, as applicable, Contractor hereby provides a license to RTD for its use of the Pre-existing Contractor Materials. Except as otherwise provided herein, Contractor shall return to RTD all materials provided by RTD upon termination or completion of this purchase order. This purchase order, including all attachments and all materials provided hereunder, are subject to the Colorado Open Records Act, C.R.S. §§ 24-72-201, et seq.

7.12. WARRANTY.

Contractor expressly warrants that all goods and/or services covered by this purchase order shall conform to the specifications, drawings, samples or other description upon which this purchase order is based; conform to commercially reasonable standards; are fit and sufficient for the purposes intended; are merchantable; are of good material and workmanship and free from defects; and are free of any claim of any third party. RTD’s inspection and acceptance or use of the goods and/or services furnished under this purchase order shall not affect the

Contractor’s obligation under these warranties, and such warranties shall survive RTD’s inspection and acceptance and use. Any inspection, acceptance or payment for goods and/or services by RTD shall not constitute a waiver by RTD of any warranties. These warranties shall run to RTD, its successors, and assigns.

7.13. CONTRACTOR REPRESENTATION.

Contractor represents and warrants that it has sufficiently informed itself in all matters affecting the performance of the work or the furnishing of the labor, services, goods, supplies, material or equipment as specified in this purchase order. All goods and/or services supplied shall conform to commercially reasonable standards. All personnel assigned by Contractor to perform services to be furnished under this purchase order shall be capable, skilled, qualified and competent to perform such services. RTD may require Contractor to remove from RTD property or from the work under this purchase order any employee, agent, or representative of

Contractor or any of its subcontractors that RTD deems incompetent, careless, or negligent.

Contractor further represents and warrants that the prices stated in this purchase order are a complete and correct statement of Contractor’s prices for furnishing the goods and/or services required by this purchase order and are not less favorable than those currently extended to any other customer for the same or like goods and/or services in equal or smaller amounts.

7.14. HAZARDOUS MATERIALS.

If goods and/or services purchased under this purchase order contain or require the use of regulated chemicals, equipment, or hazardous materials, Contractor represents and warrants that Contractor understands the nature of any hazards associated with the manufacture, handling and transportation of such hazardous materials. Contractor agrees that its use of hazardous materials shall at all times adhere to RTD’s Chemical Product Approval Program (as described in RTD Document ID# CAP_2024_Version A, a copy of which can be provided upon request). Accordingly, prior to bringing any hazardous materials onto an RTD property, Contractor is required to provide notification to and receive the approval of RTD’s Safety and

Environmental Compliance Division by submitting a Product Approval Evaluation Form and the

Manufacturer’s Safety Data Sheet on all regulated chemicals, equipment, or hazardous materials supplied. Following receipt of RTD’s approval to use a hazardous material, Contractor shall permit RTD’s Safety and Environmental Compliance Division to track and observe Contractor’s use of the hazardous material while performing work at an RTD property. Upon completion of the work, Contractor shall be responsible for removing and disposing of its hazardous materials in compliance with all applicable local, state and federal laws, rules, and regulations.

7.15. PROMPT PAYMENT OF SUBCONTRACTORS.

The Contractor agrees that (i) it shall pay its subcontractor(s) any undisputed amounts for the satisfactory performance of their work within seven days of the Contractor’s receipt of payment from RTD for such work; (ii) within 30 days after a subcontractor’s work has been satisfactorily completed and accepted by RTD’s Project Manager or by the Contractor, whichever is earlier, the Contractor shall make full payment to the subcontractor of any retainage the Contractor has kept related to such subcontractor’s work, unless a claim is filed against the subcontractor related to such work; (iii) failure to comply with the above may give RTD just cause to impose one or more of the following penalties, until the required payment(s) to the Contractor’s subcontractor(s) is satisfied, unless RTD has given prior written approval to the Contractor for the delay or postponement of payment(s): (1) withhold payments to the Contractor; (2) assess sanctions against the Contractor; (3) assess the subcontractor’s indirect or consequential damages against the Contractor; (4) disqualify the Contractor from future bidding on RTD contracts as non-responsible; (5) enforce the payment bond against the Contractor; (6) pay the subcontractor(s) directly and deduct this amount from any retainage owed to the Contractor;

(7) provide notice of default to the Contractor, stating the potential for termination or suspension of the Contract, in whole or in part; (8) issue a stop-work order until the subcontractor(s) is paid, which order shall constitute an unauthorized delay under this purchase order that could result in liquidated damages against the Contractor; and (iv) it shall ensure that tiered subcontractors comply with this Article and that they insert provisions (i) and (ii) of this Article into all lower-tiered subcontractor agreements.

On a monthly basis, Contractor shall submit a report of its payments to its SBE or DBE subcontractors using RTD’s Diversity and Compliance solution, B2GNow. The Contractor shall ensure that its SBE or DBE subcontractors at every tier also report monthly payments made or received through B2GNow. All payments made will be entered in B2GNow by or before the 5th of every month. If Contractor has issues accessing B2GNow, Contractor must immediately request support from the B2GNow support line and notify by email the RTD Small Business

Opportunity Office designated compliance officer for the contract. RTD’s Diversity and

Compliance Solution (B2GNow) can be accessed at https://rtd-denver.gob2g.com/.

7.16. HOLD HARMLESS.

Contractor agrees to defend, indemnify, and hold harmless RTD, its directors, managers, employees, agents and assigns from and against any and all claims, suits, demands, damages, liabilities, settlements, and court awards including costs, expenses, and reasonable attorneys’ fees, to the extent such claims are caused, in whole or in part, by any act or omission, or breach of contract by, the Contractor, its employees, agents, subcontractors or assignees arising from, related to, in connection with, or in any way involving the good and/or services procured under this purchase order, but not to the extent such claims are caused solely by any act or omission by RTD, its directors, managers, employees, agents, or other contractors or assignees.

https://rtd-denver.gob2g.com/

7.17. INSURANCE.

Unless otherwise agreed and specifically stated in the RFQ or purchase order, this article applies to Contractor for this purchase order. Contractor shall maintain insurance coverages as specified in the RFQ or purchase order, if any, and shall provide proof of such coverage to RTD prior to commencing work or performance under this purchase order. If no coverages are specified in the RFQ or purchase order, Contractor shall maintain all necessary insurance coverages for the work to be provided under this purchase order, including the following coverages with the accompanying limits: Comprehensive general liability coverage at $1,000,000 per occurrence and $2,000,000 aggregate; and workers’ compensation coverage at $1,000,000 for bodily injury by accident, bodily injury by disease, and policy limit.

7.18. COLORADO GOVERNMENTAL IMMUNITY ACT.

Notwithstanding any other provision of this purchase order, no term or condition of this purchase order shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental

Immunity Act, C.R.S. § 24-10-101, et seq., as amended.

7.19. NOTICE OF CLAIM OR ACTION FILED.

The Contractor shall give RTD through the Contracts and Procurement Manager immediate notice of any suit or action filed or prompt notice of any claim made against the Contractor arising out of or that may affect Contractor’s performance of this purchase order. The

Contractor shall furnish immediately to the Contracts and Procurement Manager copies of all pertinent papers received by the Contractor. If the claim arises out of Contractor’s performance of this purchase order and the amount of the liability claimed exceeds the amount of insurance coverage required by this purchase order, the Contractor shall authorize representatives of RTD to collaborate with counsel for the insurance carrier, if any, in settling or defending such claim.

7.20. TERMINATION FOR DEFAULT.

RTD’s General Manager, or his or her delegate, may, by written notice to Contractor, terminate this purchase order, in whole or in part, for failure of Contractor to comply with any of the provisions of this purchase order. In such event, Contractor shall be liable for damages, including the excess cost to RTD of procuring replacement goods and/or services, provided that if it is determined for any reason that Contractor was not in default or, Contractor’s failure to perform is beyond its control, fault, or negligence, the termination shall be deemed to be a termination for convenience under the Article titled "Termination for Convenience." In the event of termination for default, the Contractor shall be compensated solely for work satisfactorily performed prior to the effective date of termination.

7.21. TERMINATION FOR CONVENIENCE.

RTD’s General Manager, or his or her delegate, may, by written notice to Contractor, terminate this purchase order, in whole or in part, at any time when it is in the best interest of RTD. If this purchase order is so terminated, Contractor shall be compensated solely for goods inspected, accepted and not subsequently rejected for nonconformity by RTD. If and to the extent that this purchase order is for services and is so terminated, RTD shall be liable only for payment for services rendered to the satisfaction of RTD prior to the effective date of termination. The Contractor shall have no right to recover lost profits on the balance of the work or any other measure of damages.

7.22. APPROPRIATIONS.

All obligations of RTD under this purchase order that require funding are subject to prior annual appropriations of monies expressly made by the Board of Directors of RTD for the purposes of this purchase order. Nothing in this purchase order shall be construed by either the Contractor or RTD as a multiple fiscal year obligation as described by Article X, Section 20 of the Colorado

Constitution. If funding is not appropriated by the Board of Directors, RTD may terminate or modify this purchase order as required. Additional funding to this purchase order will be accomplished by a written amendment. No legal liability on the part of RTD for any payment may arise for performance under this purchase order beyond the current funding year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability. If this purchase order is funded in whole or in part with federal funds, then this purchase order is subject to the continuing availability of federal funds for the purpose of this purchase order.

7.23. DISPUTES.

Except as otherwise provided in this purchase order and/or in any attachments to this purchase order, any dispute arising under this purchase order concerning a question of fact that is not disposed of by agreement shall be decided by RTD’s General Manager, or his or her delegate.

Contractor will be notified of the decision in writing. To the extent allowable by law, any such decision shall be final, conclusive, and not subject to judicial review unless shown to be fraudulent, capricious, arbitrary, or so grossly erroneous as to imply bad faith.

7.24. REMEDIES.

Each of the rights and remedies reserved by RTD in this purchase order shall be cumulative and additional to any other or further remedies provided in law or equity or in this purchase order. A waiver by RTD of a breach of any provision of this purchase order shall not constitute a waiver of any other breach of the same or another provision of this purchase order. Any delay or failure to exercise a privilege, power, or right under the terms of this purchase order, whether explicit or through a lack of enforcement, shall not constitute a waiver any such privilege, power, or right under this purchase order.

7.25. OFFICIALS AND EMPLOYEES NOT TO BENEFIT.

No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this purchase order or to any benefit arising from it. No employee of RTD or any member of its governing body shall have any personal or financial interest, direct or indirect, in this purchase order, or any contract executed subsequently in connection with this purchase order, during his or her respective tenure or for one year thereafter. No director, officer, employee, or agent of RTD shall be interested in any contract or transaction with RTD except in his or her official representative capacity.

7.26. GRATUITIES.

No gratuities (in the form of entertainment, gifts, or otherwise) may be offered to any employee of RTD or any member of its governing body with the intent to obtain favorable treatment under any contract or transaction with RTD. Upon violation of this Article, RTD may, by written notice to Contractor, terminate for default this purchase order and any other purchase order or contract that Contractor has with RTD. In addition, the Contractor may be permanently barred from participating in future purchase orders or contracts with RTD.

7.27. ASSIGNMENT/SUBCONTRACTS.

Contractor shall not assign rights or delegate duties under this purchase order (or subcontract any part of the performance required) without the express, prior written consent of RTD. This provision shall not prohibit assignments of the right to payment to the extent permitted by law, provided that RTD receives written notice of assignment adequate to identify the rights assigned. Such assignment shall not be valid until RTD receives the required notice, and

Contractor assumes this risk. All approved subcontracts shall be subject to all provisions of this purchase order.

7.28. LAWS GOVERNING; JURISDICTION AND VENUE.

This purchase order shall be construed pursuant to the laws of the State of Colorado.

Jurisdiction and venue for all disputes under this purchase order shall be in the District or

County Court in Denver, Colorado.

7.29. DBE/SBE UTILIZATION.

Contractor shall cooperate with RTD with regard to maximum utilization of disadvantaged or small business…