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AGREEMENT FOR
VARIOUS GASES FOR WATER QUALITY
City of Glendale Solicitation No. IFB 21-54
This Agreement for Various Gases for Water Quality ("Agreement") is effective and entered into between CITY OF
GLENDALE, an Arizona municipal corporation ("City"), and Matheson Tri-Gas, Inc., a Delaware corporation,
authorized to do business in Arizona, (the "Contractor"), as of the day of , 20
RECITALS
A. City intends to undertake a project for the benefit of the public and with public funds that is more fully set
forth in Exhibit A, pursuant to Solicitation No. IFB 21-54 (the "Project");
B. City desires to retain the services of Contractor to perform those specific duties and produce the specific
work as set forth in the Project attached hereto;
Cc, City and Contractor desire to memorialize their agreement with this document.
AGREEMENT
In consideration of the Recitals, which are confirmed as true and correct and incorporated by this reference, the
mutual promises and covenants contained in this Agreement, and other good and valuable consideration, City and
Contractor agree as follows:
1. Key Personnel; Sub-contractors.
11
1.2
Services. Contractor will provide all services necessary to assure the Project is completed timely
and efficiently consistent with Project requirements, including, but not limited to, working in close
interaction and interfacing with City and its designated employees, and working closely with others,
including other contractors or consultants, retained by City.
Project Team.
a.
Project Manager.
(1)
2)
(3)
Contractor will designate an employee as Project Manager with sufficient training,
knowledge, and experience to, in the City's option, complete the Project and
handle all aspects of the Project such that the work produced by Contractor is
consistent with applicable standards as detailed in this Agreement;
The City must approve the designated Project Manager; and
To assure the Project schedule is met, Project Manager may be required to devote
no less than a specific amount of time as set out in Exhibit A.
Project Team.
(1)
2)
The Project Manager and all other employees assigned to the project by
Contractor will comprise the "Project Team.”
Project Manager will have responsibility for and will supervise all other employees
assigned to the Project by Contractor.
Discharge, Reassign, Replacement.
()
Contractor acknowledges the Project Team is comprised of the same petsons and
roles for each as may have been identified in the response to the Project's
solicitation.
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(2) Contractor will not discharge, reassign or replace or diminish the responsibilities
of any of the employees assigned to the Project who have been approved by City
without City's prior written consent unless that person leaves the employment of
Contractor, in which event the substitute must first be approved in writing by City.
(3) Contractor will change any of the members of the Project ‘Team at the City's
request if an employee's performance does not equal or exceed the level of
competence that the City may reasonably expect of a petson performing those
duties or if the acts or omissions of that person are detrimental to the
development of the Project.
d. Sub-contractors.
(1) Contractor may engage specific technical contractor (each a "Sub-contractor") to
furnish certain service functions.
(2) Contractor will remain fully responsible for Sub-contractor's services.
Q) Sub-contractors must be approved by the City, unless the Sub-contractor was
previously mentioned in the response to the solicitation.
(4) Contractor shall certify by letter that contracts with Sub-contractors have been
executed incorporating requirements and standards as set forth in this Agreement.
Schedule. The services will be undertaken in a manner that ensures the Project is completed timely and
efficiently in accordance with the Project.
Contractor’s Work.
3.1
3.2
Standard. Contractor must perform services in accordance with the standards of due diligence,
care, and quality prevailing among contractors having substantial experience with the successful
furnishing of services for projects that are equivalent in size, scope, quality, and other criteria under
the Project and identified in this Agreement.
Licensing. Contractor warrants that:
a. Contractor and Sub-contractors will hold all appropriate and required licenses, registrations
and other approvals necessaty for the lawful furnishing of services ("Approvals"); and
b. Neither Contractor nor any Sub-contractor has been debarred or otherwise legally
excluded from contracting with any federal, state, or local governmental entity
("Debarment").
(1) City is under no obligation to ascertain or confirm the existence or issuance of any
Approvals or Debarments or to examine Contractor's contracting ability.
(2) Contractor must notify City immediately if any Approvals or Debarment changes
during the Agreement's duration and the failure of the Contractor to notify City as
required will constitute a material default under the Agreement.
Compliance. Services will be furnished in compliance with applicable federal, state, county and
local statutes, rules, regulations, ordinances, building codes, life safety codes, and other standards
and criteria designated by City.
Contractor must not discriminate against any employee or applicant for employment on the basis
of race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity or
expression, genetic characteristics, familial status, U.S. military veteran status or any
disability. Contractor will require any Sub-contractor to be bound to the same requirements as
stated within this section. Contractor, and on behalf of any subcontractors, warrants compliance
with this section.
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4,
3.4
3.5
Coordination; Interaction.
a. For projects that the City believes requires the coordination of various professional
services, Contractor will work in close consultation with City to proactively interact with
any other professionals retained by City on the Project ("Coordinating Project
Professionals").
b. Subject to any limitations expressly stated in the Project Budget, Contractor will meet to
review the Project, Schedule, Project Budget, and in-progress work with Coordinating
Project Professionals and City as often and for durations as City reasonably considers
necessary in order to ensure the timely work delivery and Project completion.
c For projects not involving Coordinating Project Professionals, Contractor will proactively
interact with any other contractors when directed by City to obtain or disseminate timely
information for the proper execution of the Project.
Work Product.
a. Ownership. Upon receipt of payment for services furnished, Contractor grants to City,
and will cause its Sub-contractors to grant to the City, the exclusive ownership of and all
copyrights, if any, to evaluations, reports, drawings, specifications, project manuals,
surveys, estimates, reviews, minutes, all "architectural work" as defined in the United States
Copyright Act, 17 U.S.C § 101, ef seq., and other intellectual work product as may be
applicable (“Work Product").
(1) This grant is effective whether the Work Product is on paper (e.g., a "hard copy"),
in electronic format, or in some other form.
(2) Contractor warrants, and agrees to indemnify, hold harmless and defend City for,
from and against any claim that any Work Product infringes on third-party
proprietary interests.
b. Delivery. Contractor will deliver to City copies of the preliminary and completed Work
Product promptly as they are prepared.
c City Use.
(1) City may teuse the Work Product at its sole discretion.
(2) In the event the Work Product is used for another project without further
consultations with Contractor, the City agrees to indemnify and hold Contractor
harmless from any claim arising out of the Work Product.
(3) In such case, City shall also remove any seal and title block from the Work
Product.
Compensation for the Project.
4.1
4.2
Compensation. Contractor's compensation for the Project, including those furnished by its Sub-
contractors will not exceed $100,000, as specifically detailed in Exhibit B (the "Compensation").
Change in Scope of Project. The Compensation may be equitably adjusted if the originally
contemplated scope of services as outlined in the Project is significantly modified.
a. Adjustments to the Compensation require a written amendment to this Agreement and
may require City Council approval.
b. Additional services which are outside the scope of the Project contained in this Agreement
may not be performed by the Contractor without prior written authorization from the City.
c. Notwithstanding the incorporation of the Exhibits to this Agreement by reference, should
any conflict arise between the provisions of this Agreement and the provisions found in
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5.
the Exhibits and accompanying attachments, the provisions of this Agreement shall take
priority and govern the conduct of the parties.
Billings and Payment.
5.1 Applications.
a. Contractor will submit monthly invoices (each, a "Payment Application") to City's Project
Manager and City will remit payments based upon the Payment Application as stated
below.
b. The period covered by each Payment Application will be one calendar month ending on
the last day of the month or as specified in the solicitation.
5.2 Payment.
a. After a full and complete Payment Application is received, City will process and remit
payment within 30 days.
b. Payment may be subject to or conditioned upon City's receipt of:
(1) Completed work generated by Contractor and its Sub-contractors; and
(2) Unconditional waivers and releases on final payment from Sub-contractors as City
may reasonably request to assure the Project will be free of claims arising from
required performances under this Agreement.
5.3 Review and Withholding. City's Project Manager will timely review and certify Payment
Applications.
a. If the Payment Application is rejected, the Project Manager will issue a written listing of
the items not approved for payment.
b. City may withhold an amount sufficient to pay expenses that City reasonably expects to
incur in correcting the deficiency or deficiencies rejected for payment.
Termination.
6.1 For Convenience. City may terminate this Agreement for convenience, without cause, by
delivering a written termination notice stating the Effective Termination date, which may not be
less than 30 days following the date of delivery.
a. Contractor will be equitably compensated for Goods or Services furnished prior to receipt
of the termination notice and for reasonable costs incurred.
b. Contractor will also be similarly compensated for any approved effort expended and
approved costs incurred that are directly associated with project closeout and delivery of
the required items to the City.
6.2 For Cause. City may terminate this Agreement for cause if Contractor fails to cure any breach of
this Agreement within seven days after receipt of written notice specifying the breach.
a. Contractor will not be entitled to further payment until after City has determined its
damages. If City's damages resulting from the breach, as determined by City, are less than
the equitable amount due but not paid Contractor for Service and Repair furnished, City
will pay the amount due to Contractor, less City's damages, in accordance with the
provision of § 5.
b. If City's direct damages exceed amounts otherwise due to Contractor, Contractor must pay
the difference to City immediately upon demand; however, Contractor will not be subject
to consequential damages of more than $1,000,000 or the amount of this Agreement,
whichever is greater.
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Conflict. Contractor acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for
cancellation of this Agreement in the event any person who is significantly involved in initiating,
negotiating, securing, drafting, or creating the Agreement on City's behalf is also an employee, agent, or
consultant of any other party to this Agreement.
Insurance.
8.1 Requirements. Contractor must obtain and maintain the following insurance ("Required
Insurance"):
a. Contractor and Sub-contractors. Contractor, and each Sub-contractor performing work or
providing materials related to this Agreement must procure and maintain the insurance
coverages described below (collectively referred to herein as the "Contractor's Policies"),
until each Party's obligations under this Agreement ate completed.
b. General Liability.
(1) Contractor must at all times relevant hereto carry a commercial general liability
policy with a combined single limit of at least $1,000,000 per occurrence and
$1,000,000 annual aggregate for each property damage and contractual property
damage.
(2) Sub-contactors must at all times relevant hereto carry a general commercial liability
policy with a combined single limit of at least $1,000,000 per occurrence.
(3) This commercial general liability insurance must include independent contractors’
liability, contractual liability, broad form property coverage, XCU hazards if
requested by the City, and a separation of insurance provision.
(4) These limits may be met through a combination of primary and excess liability
coverage.
c Auto. A business auto policy providing a liability limit of at least $1,000,000 per accident
for Contractor and $1,000,000 per accident for Sub-contractors and covering owned, non-
owned and hired automobiles.
d. Workers' Compensation and Employer's Liability. A workers’ compensation and
employer's liability policy providing at least the minimum benefits required by Arizona law.
e. Notice of Changes. Contractor's Policies must provide for not less than 30 days' advance
written notice to City Representative of:
(1) Cancellation or termination of Contractor or Sub-contractor's Policies;
(2) Reduction of the coverage limits of any of Contractor or and Sub-contractor's
Policies; and
(3) Any other material modification of Contractor or Sub-contractor's Policies related
to this Agreement.
f. Certificates of Insurance.
(1) Within 10 business days after the execution of the Agreement, Contractor must
deliver to City Representative certificates of insurance for each of Contractor and
Sub-contractor's Policies, which will confirm the existence or issuance of
Contractor and Sub-contractor's Policies in accordance with the provisions of this
section, and copies of the endorsements of Contractor and Sub-contractor's
Policies in accordance with the provisions of this section.
(2) City is and will be under no obligation either to ascertain or confirm the existence
or issuance of Contractor and Sub-contractor's Policies, or to examine Contractor
and Sub-contractor’s Policies, or to inform Contractor or Sub-contractor in the
event that any coverage does not comply with the requirements of this section.
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8.2
8.3
(3) Contractor's failure to secure and maintain Contractor Policies and to assure Sub-
contractor policies as required will constitute a material default under the
Agreement.
g Other Contractors or Vendors.
(1) Other contractors or vendors that may be contracted with in connection with the
Project must procure and maintain insurance coverage as is appropriate to their
particular contract.
(2) This insurance coverage must comply with the requirements set forth above for
Contractor's Policies (e.g., the requirements pertaining to endorsements to name
the parties as additional insured parties and certificates of insurance).
h. Policies. Except with respect to workers’ compensation and employer's liability coverages,
City must be named and properly endorsed as additional insureds on all liability policies
required by this section.
(1) The coverage extended to additional insureds must be primary and must not
conttibute with any insurance or self insurance policies or programs maintained by
the additional insureds.
(2) All insurance policies obtained pursuant to this section must be with companies
legally authorized to do business in the State of Arizona and reasonably acceptable
to all parties.
Sub-contractors.
a. Contractor must also cause its Sub-contractors to obtain and maintain the Required
Insurance.
b. City may consider waiving these insurance requirements for a specific Sub-contractor if
City is satisfied the amounts required are not commercially available to the Sub-contractor
and the insurance the Sub-contractor does have is appropriate for the Sub-contractor's
work under this Agreement.
c. Contractor and Sub-contractors must provide to the City proof of the Required Insurance
whenever requested.
Indemnification.
a. To the fullest extent permitted by law, Contractor must defend, indemnify, and hold
harmless City and its elected officials, officers, employees and agents (each, an
"Indemnified Party,” collectively, the "Indemnified Parties"), for, from, and against any and
all claims, demands, actions, damages, judgments, settlements, personal injury (including
sickness, disease, death, and bodily harm), property damage (including loss of use),
infringement, governmental action and all other losses and expenses, including attorneys’
fees and litigation expenses (each, a "Demand or Expense"; collectively, "Demands or
Expenses") asserted by a third-party (i.e. a person or entity other than City or Contractor)
and that arises out of or results from the breach of this Agreement by the Contractor or
the Contractor’s negligent actions, errors ot omissions (including any Sub-contractor or
other person or firm employed by Contractor), whether sustained before or after
completion of the Project.
b. This indemnity and hold harmless provision applies even if a Demand or Expense is in
part due to the Indemnified Party's negligence or breach of a responsibility under this
Agreement, but in that event, Contractor shall be liable only to the extent the Demand or
Expense results from the negligence or breach of a responsibility of Contractor or of any
person or entity for whom Contractor is responsible.
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10.
11.
12,
c Contractor is not required to indemnify any Indemnified Parties for, from, or against any
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault
solely attributable to the Indemnified Party.
E-verify, Records and Audits. To the extent applicable under A-RS. § 41-4401, the Contractor warrant
their compliance and that of its subcontractors with all federal immigration laws and regulations that relate
to their employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). The
Contractor or subcontractor’s breach of this warranty shall be deemed a material breach of the Agreement
and may result in the termination of the Agreement by the City under the terms of this Agreement. The City
retains the legal right to randomly inspect the papers and records of the other party to ensure that the other
party is complying with the above-mentioned warranty. The Contractor and subcontractor warrant to keep
their respective papers and records open for random inspection during normal business hours by the other
party. The parties shall cooperate with the City’s random inspections, including granting the inspecting party
entry rights onto their respective properties to perform the random inspections and waiving their respective
rights to keep such papers and records confidential.
No Boycott of Istael. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby
certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in,
a boycott of goods or services from Israel, as that term is defined in A-R.S § 35-393.
Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with a
Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an
officer of Contractor with oversight responsibility.
Notices.
12.1. A notice, request ot other communication that is requited or permitted under this Agreement (each
a "Notice") will be effective only ift
a. The Notice is in writing; and
b. Delivered in person or by overnight courier service (delivery charges prepaid), certified or
registered mail (return receipt requested); and
Cc. Notice will be deemed to have been delivered to the person to whom it is addressed as of
the date of receipt, if
(1) Received on a business day, or before 5:00 p.m., at the address for Notices
identified for the Party in this Agreement by U.S. Mail, hand delivery, or overnight
courier service on or before 5:00 p.m.; or
(2) As of the next business day after receipt, if received after 5:00 p.m.
d. The burden of proof of the place and time of delivery is upon the Party giving the Notice;
and
& Digitalized signatures and copies of signatutes will have the same effect as original
signatures.
12.2 Representatives.
a. Contractor. Contractor's representative (the "Contractor's Representative") authorized to
act on Contractor's behalf with respect to the Project, and his or her address for Notice
delivery is:
Matheson ‘Tri-Gas, Inc.
c/o Laurie Schaefer
1545 W. Watkins St.
Phoenix, AZ 85007
b. City. City's representative ("City's Representative") authorized to act on City's behalf, and
his or her address for Notice delivery is:
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14.
City of Glendale
c/o Anthony Weathersby
5850 W Glendale Ave Suite 317
Glendale, Arizona 85301
623-930-2864
With required copy to:
City Manager City Attorney
City of Glendale City of Glendale
5850 West Glendale Avenue 5850 West Glendale Avenue
Glendale, Arizona 85301 Glendale, Arizona 85301
c. Concurrent Notices.
(1) All notices to City's representative must be given concurrently to City Manager
and City Attorney.
(2) A notice will not be deemed to have been received by City's representative until
the time that it has also been received by City Manager and City Attorney.
(3) City may appoint one or more designees for the purpose of receiving notice by
delivery of a written notice to Contractor identifying the designee(s) and their
respective addresses for notices.
d. Changes. Contractor or City may change its representative or information on Notice, by
giving Notice of the change in accordance with this section at least ten days prior to the
change.
Financing Assignment. City may assign this Agreement to any City-affiliated entity, including a non-
profit corporation or other entity whose primary purpose is to own or manage the Project.
Entire Agreement; Survival; Counterparts; Signatures.
14.1
14.2
Integration. ‘This Agreement contains, except as stated below, the entire agreement between City
and Contractor and supersedes all prior conversations and negotiations between the parties
regarding the Project or this Agreement.
a. Neither Party has made any representations, warranties or agreements as to any matters
concerning the Agreement's subject matter.
b. Representations, statements, conditions, or warranties not contained in this Agreement will
not be binding on the parties.
c. The solicitation, any addendums and the response submitted by the Contractor are
incorporated into this Agreement as if attached hereto. Any Contractor response modifies
the original solicitation as stated. Inconsistencies between the solicitation, any addendums
and the response or any excerpts attached as Exhibit A and this Agreement will be
resolved by the terms and conditions stated in this Agreement.
Interpretation.
a. The parties fairly negotiated the Agreement's provisions to the extent they believed
necessary and with the legal representation they deemed appropriate.
b. The parties are of equal bargaining position and this Agreement must be construed equally
between the parties without consideration of which of the parties may have drafted this
Agreement.
c The Agreement will be interpreted in accordance with the laws of the State of Arizona.
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4/29/2021
15.
16.
17.
18.
14.3. Survival. Except as specifically provided otherwise in this Agreement, each warranty,
representation, indemnification and hold harmless provision, insurance requirement, and every
other right, remedy and responsibility of a Party, will survive completion of the Project, or the
earlier termination of this Agreement.
14.4 Amendment. No amendment to this Agreement will be binding unless in writing and executed by
the parties. Any amendment may be subject to City Council approval. Electronic signature blocks
do not constitute execution.
14.5 Remedies. All rights and remedies provided in this Agreement are cumulative and the exercise of
any one or more right or remedy will not affect any other rights or remedies under this Agreement
or applicable law.
14.6 — Severability. If any provision of this Agreement is voided or found unenforceable, that
determination will not affect the validity of the other provisions, and the voided or unenforceable
provision will be deemed reformed to conform to applicable law.
14.7 Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comprise one instrument.
Term.
15.1 Renewals. The term of this Agreement commences upon the effective date and continues for a one
(1)-year initial period. The City may, at its option and with the approval of the Contractor, extend
the term of this Agreement an additional four (4) years, renewable on an annual basis. Contractor
will be notified in writing by the City of its intent to extend the Agreement period at least thirty
(30) calendar days prior to the expiration of the original or any renewal Agreement period. Price
adjustments will only be reviewed during the Agreement renewal period and any such price
adjustment will be a determining factor for any renewal. There are no automatic renewals of this
Agreement.
15.2 Extension for Procurement Process. Upon the expitation of the Term of this Agreement, including
the initial term and any renewals, at the City’s sole discretion, this Agreement may be extended on a
month-to-month basis for a maximum of six (6) months to allow for the City to complete its
procurement process to select a vendor to provide the services/materials similar to those provided
under this Agreement. The City will notify the Contractor in writing of its intent to extend the
Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension
provided under this subsection will continue under the same terms and conditions as in effect
immediately prior to the expiration of the then-current term.
Dispute Resolution. Any controversy or claim arising out of or relating to this contract, or the breach
thereof, shall be settled by arbitration administered according to the American Arbitration Association’s
Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
Cooperative Use of Contract. This agreement may be extended for use by other governmental agencies
and political subdivisions of the State. Any such usage by other entities must be in accord with the
ordinances, charter, rules and regulations of the respective entity and the approval of the Contractor and
City. For a list of SAVE members, click on the following link:
ht tp: f /waww AMES AAZ. POV /business purchasing /save
Exhibits. The following exhibits, with reference to the term in which they are first referenced, are
incorporated by this reference.
Exhibit A Project
Exhibit B Compensation
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The parties enter into this Agreement as of the Effective Date shown above.
ATTEST:
Julie K. Bower
City Clerk
APPROVED AS TO FORM:
(SEAL)
Michael D. Bailey
City Attorney
City of Glendale,
an Arizona municipal corporation
By: Kevin R. Phelps - _
Its: City Manager
Matheson ‘I'ri-Gas, Inc.,
a Delaware corporation
By: A7Chacl fe. GrowgnousSk+
Its! Je 1Zevud REC (OWA, GEncer®,
19 AHAGER.
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EXHIBIT A
VARIOUS GASES FOR WATER QUALITY
PROJECT
Contractor will provide the purchase and delivery of gases for the City of Glendal Water Services. The gases ate
listed in the Technical Specifications section of IFB 21-54 and will be delivered to multiple locations including Water
Quality Laboratory, Oasis Water Treatment Plant, Cholla Water Treatment Plant and Pyramid Peak Water
Treatment Plant.
CITY OF GLENDALE
&S PROCUREMENT DIVISION
Glendale INVITATION FOR BIDS
SOLICITATION NUMBER: IFB 21-54
ONLINE BID NUMBER: 42100073
TITLE: VARIOUS GASES FOR WATER QUALITY
PUBLISHED DATE: June 3, 2021
BID DUE DATE AND June 24, 2021 BEFORE 2:00 PM LOCAL TIME
TIME: NOTE: This is a sealed bidding process requiring bids to be
submitted ONLINE via the Vendor Self-Service (VSS) system at
Attps://glendaleaz.munisselfservice.com before the date/time shown
above. The Vendor Self-Service system will not accept late bids.
CONTACT: Anthony Weathersby, Contract Analyst
Procurement Division
623-930-2864
Aweathersby@glendaleaz.com
Bids must be submitted electronically to Procurement through Vendor Self-Service
System (VSS).
Bids shall be opened publicly at the time, date, and location identified herein; and, the name
of each Offeror shall be publicly read and recorded. All other information contained in the
proposals shall be confidential to avoid disclosure of contents prejudicial to competing
Offerors.
BIDDERS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE
SOLICITATION.
CITY OF GLENDALE
SOLICITATION NUMBER: IFB 21-54/ 42100073 Procurement Division
& 5850 West Glendale Avenue,
Suite 317
Giendale VARIOUS GASES FOR WATER QUALITY Glendale, Arizona 85301
TABLE OF CONTENTS
IFB Package
INTRODUCTION
OBJECTIVES.....
QUANTITIES.
PRODUCT BRAN.
DELIVERY ue eeceeeeeees
TECHNICAL SPECIFICATIONS..
OFFER SHEET (Most be © Printed, ae and id returned)
PRICING SHEET... teeeeee vee
Con pwbwinw
Exhibits Package
Exhibit 1: Special Notices
Exhibit 2: Special Terms and Conditions
Exhibit 3: Insurance Requirements (if applicable)
Exhibit 4: Agreement Template
CITY OF GLENDALE
SOLICITATION NUMBER: IFB 21-54/ 42100073 Procurement Division
CI 5850 West Glendale Avenue,
Na Suite 317
Glendale | VARIOUS GASES FOR WATER QUALITY Glendale. Arisona 85301
1. INTRODUCTION
The City of Glendale, Arizona (City), is requesting bids from qualified vendors for the purchase and
delivery of various gases for the water quality laboratory and process operations laboratory
instrumentation on an “as needed” basis. These chemicals will be used for the analysis of drinking
water and reclaimed water contaminants. The resulting Agreement shall provide for all materials in
this contract. Unit pricing shall be firm, include the cost of freight and all other associated direct or
indirect costs, excluding taxes.
2. OBJECTIVES
The Water Services Department is requesting bids for the purchase of laboratory instrumentation
gases to help with their mission of delivering clean, safe water to its customers. Each of the line items
may be awarded separately.
3. QUANTITIES
The quantities referenced in this solicitation are estimates ONLY and are to be used for information
purposes only. No commitment of any quantity is made during this contract. A Safety Data Sheet
should be delivered at least once per year with each gas.
4. PRODUCT BRANDS
e CYLINDER LABELING AND IDENTIFICATION
e A label meeting the requirements of the United States Department of Transportation
shall be affixed to each cylinder. Each cylinder label must legibly list contents, grade,
and size of each cylinder.
e All labels shall have a date indicating the content’s expiration date and/or the date
the gas would be expected to have deteriorated to the point that the contents
contained therein are outside the required standards set forth in the IFB. The
expiration date must be at a minimum twelve (12) months from the date of delivery to
the using agency.
¢ Labels must be designed of a quality that they will not fall off during the period of
delivery time and the time they are within the City’s custody.
e All rental cylinders shall be affixed with a label identifying contractors’ name/logo
and address to ensure the correct cylinders are returned to the appropriate contractor.
e Acylinder delivered without a proper identifying label shall be rejected.
e A cylinder that is delivered defective or cosmetically unsuitable for use within the
facility shall be rejected and immediately replaced by the contractor at no additional
cost.
e CYLINDER REQUIREMENTS
e All cylinders shall have a valve protection cap properly installed when shipped and
delivered. The caps must remain in place during transportation and unloading and
secured in place until the cylinder has the regulator attached.
oS
Glendale
CITY OF GLENDALE
SOLICITATION NUMBER: IFB 21-54/ 42100073 Procurement Division
5850 West Glendale Avenue,
VARIOUS GASES FOR WATER QUALITY Suite 317
Glendale, Arizona 85301
Cylinder valves are to be of high-quality assuring not only proper gas releasing, but
also that pressure pop-off devices do not release under normal operating conditions
and that valves fit tightly when attached to regulators.
All cylinders shall be manufactured in accordance with ICC, USDOT and the CGA.
All cylinders shall be complete with all fittings, valves and caps, in good working
order and free of dirt, debris and rust.
A cylinder that leaks, is bulged, has defective valves or safety devices, bears evidence
of physical abuse, fire or heat damage, or detrimental rusting or corrosion, must not
be used unless it is properly repaired and requalified as prescribed in the regulations
set forth by the USDOT.
All cylinders shall contain a positive type safety disc to meet the requirements of the
USDOT.
All cylinders shall be delivered with a full/empty identification tag. All cylinders
delivered not completely full shall be rejected by the City. Ail cylinders that have been
rejected by the City shall be replaced by the contractor within the time frame set forth
by the City at no additional charge to the City.
All cylinders used to deliver gases must be compatible/non-reactive with the gases
enclosed. The contractor shall warrantee that no gases will be delivered in any
cylinder made from materials that will react or in any way degrade the content of
gases within the cylinders. Should a contractor deliver any cylinders made from
substances that react with or degrade the content of gas, the entire order shall be
replaced by the contractor at no additional charge to the City.
If the City deems the product to not be within product specifications, that product will
be rejected. The City will not pay for this delivery.
e QUALITY CONTROL
In the event problems are suspected, the contractor shall have available a technical
representative within forty-eight (48) hours of notification.
The contractor shall have a viable quality control program in place that ensures all
containers and products are maintained and supplied properly. The program shall be
consistent with industry standards.
Quality control records shall be made available to the City upon request.
Any damages due to non-compliant gases i.e., contamination from improper gas
formulations, mislabeled or defective cylinders shall be the responsibility of the
contractor. If supplied gases are the suspected cause of any damages to the equipment
located at the City, the City reserves the right to request an analysis by an
independent laboratory. Should the analysis reveal the gas was non-compliant, the
contractor shall be responsible for the cost of the analysis, in addition to any other
damages that may occur
DELIVERY
e All deliveries shall be FOB Destination with freight prepaid and allowed to the various
locations listed in this solicitation and any other location requested by the Water Services
Department.
Fuel surcharge shall not apply.
Deliveries shall be made during the hours specified by each location shown in the Technical
Specifications.
Slendale
CITY OF GLENDALE
SOLICITATION NUMBER: IFB 21-54/ 42100073 Procurement Division
Ci 5850 West Glendale Avenue,
VARIOUS GASES FOR WATER QUALITY Suite 317
Glendale, Arizona 85301
After-hours deliveries may be rejected or required to wait until the next business day.
Deliveries shall be made as scheduled and confirmed. Delayed deliveries shall not extend
beyond 48 hours.
The City may require deliveries within 48 to 72 hours of placing order during times of high
usage or emergencies.
Contractor delivery vehicles shall have all necessary equipment with which to handle and
unload product in a safe and secure manner.
Drivers shall be fully trained in all aspects of safe product handling. They shall wear all
required protective equipment while making deliveries. Failure to do so will result in removal
from the facility.
Delivery drivers shall comply with any special instructions given upon arrival and shall
maintain a pleasant, professional demeanor while visiting the facility. Failure to do so will
result in removal from the facility.
The City will not permit overnight parking at City facilities.
If during delivery and unloading the supplier causes products to be spilled or otherwise
improperly discharged, the supplier shall contain, clean up and return the site to the condition
existing before the spill. The City shall not be liable for the costs of containment, clean up
and returning the site to the pre-spill conditions. The supplier shall notify the City
immediately in the case of a spill or accident. Ifa spill is detected by City personnel after a
delivery has been made and it has not been contained, cleaned up or disposed of the City will
immediately contain, clean up and return the site to the condition existing before the spill.
The supplier shall in this case be liable for the cost of containment, clean up and restoration.
TECHNICAL SPECIFICATIONS
1. Nitrogen, UHP Grade, minimum 99.999%, Size 5T (or equivalent size tank), C. F.
(300) cylinder
A. Pricing to be per unit.
B. _ Pricing for delivery and hazardous materials charges is to be on a separate line.
C. Pricing for cylinder Rental is to be on a separate line.
D. Delivery:
1) Deliveries shall be between the hours of 7:30 AM and 3:00 PM, Mon - Fri, unless
otherwise specified.
2) Delivery shall be made within five (5) business days of an order.
E. Delivery locations:
Oasis Water Treatment Plant
7070 W. Northern Ave.
Glendale AZ 85303
Cholla Water Treatment Plant
4805 W. Cholla St.
Glendale AZ 85304
C
Glendale
CITY OF GLENDALE
SOLICITATION NUMBER: IFB 21-54/ 42100073 Procurement Division
5850 West Glendale Avenue,
VARIOUS GASES FOR WATER QUALITY Suite 317
Glendale, Arizona 85301
F.
2.
Pyramid Peak Water Treatment Plant
28101 N. 63rd Ave.
Phoenix, AZ 85083
Approximate Total Annual Requirements: 24 units
Helium, UHP Grade, minimum 99.999%, Size 5T (or equivalent size tank), C.F.
(300) cylinder
G.
H.
L
J.
Pricing to be per unit.
Pricing for delivery and hazardous materials charges is to be on a separate line.
Pricing for cylinder Rental is to be on a separate line.
Delivery:
1) Deliveries shall be between the hours of 7:30 AM and 3:00 PM, Mon — Fri, unless
otherwise specified.
2) Delivery shall be made within five (5) business days of an order.
K.
Uw >
Delivery locations:
Pyramid Peak Water Treatment Plant
28101 N. 63rd Ave.
Phoenix, AZ 85083
Approximate Annual Requirements: 20 units
Liquid Argon, Micro-Bulk fill (minimum 99.99%)
Pricing to be per unit.
Pricing for delivery and hazardous materials charges is to be on a separate line.
Pricing for tank Rental is to be on a separate line.
Delivery:
1) Deliveries shall be between the hours of 7:30 AM and 3:00 PM, Mon - Fri, unless
otherwise specified.
2) Delivery shall be made within five (5) business days of an order.
E.
Delivery location:
Pyramid Peak Water Treatment Plant
28101 N. 63rd Ave.
Phoenix, AZ 85083
Approximate Annual Requirements: 60,000 CF
CITY OF GLENDALE
SOLICITATION NUMBER: IFB 21-54/ 42100073 Procurement Division
&S 5850 West Glendale Avenue,
° Suite 317
Glendale | VARIOUS GASES FOR WATER QUALITY | 4 Smile 317.
4, Nitrogen, UHP Grade, minimum 99.999%, Size 1614CF Portable Dewar (or
equivalent approved size)
A. _ Pricing to be per unit.
B. _ Pricing for delivery and hazardous materials charges is to be on a separate line.
C. Pricing for tank Rental is to be on a separate line.
D. Delivery:
1) Deliveries shall be between the hours of 7:30 AM and 3:00 PM, Mon — Fri, unless
otherwise specified.
2) Delivery shall be made within five (5) business days of an order.
E. Delivery locations:
Pyramid Peak Water Treatment Plant
28101 N. 63rd Ave.
Phoenix, AZ 85083
F. Approximate Annual Requirements: 12 units
CUY OF GLESDALE |
a SOLICITATION NUMBER: IFB 25-54/ 42100073 | Procurement Diviion
S450 West Glenclale Avomis, |
Glenda VARIOUS Ge VATE iF, " Suite 387
sr | = ROUS GAAES FOR WATER CUARITS | Glendale, Ariczowa RSHI1
a ~~ — as ™ ™~ - meee ee “ ——
7; hy oe oy * sEpeps . :
an OFFER SHEET (Must be printed, signed and returned)
= zane cerchies that they have read, taidernaaad, and wit! fully and farhfully careply with cis sohucwistary, 15
Attachroents and any aenced documents Leon alse certsfies tat the prrees allered were iedeperadently
develop withoup cogent Wop sith any et the other Oferars ot puter ital Oiovens
page f ; :
Aas (ed sof — (@-RI-Al
j 2
ad Sinatyee Dawe
fA 4 . ~ -
mesic Matteso. Jur Gas, Ine
Poated Name CAathonzed Sighatory) Legal Company Name
Pipe y ot yy
tht t si Ops ;
LE Qchae rer C@eror Contifies it iy « (check only one)
a Tuk Outsrde Giles Bye pre cerita d C3 Propactorship C] Partnership AP Corparetina
* ‘ myety ” 7 Lv ; . .
Lechar fee @ mat teson ease com 1648 uw. Watkins
Erpaal Address VU Mailing Address
(4.90) 260 313) Phoesix AZ @soo7
Phone Number Oy, Sine & Zap Code
Questions regarding this offer shauld be directed to (if different from above):
~ ~~
—
Cuntact Namr Phone Nusrsber Parveet Adebrens
“y — AW
PRDEFRAL TAXPAYER ID NUMBER (Requiral “714 = 24o o 2> 4-
GPVEROK BS A MINORITY OR WOMEN OWNED BUSINESS: [] Yes Sq'No
DG YOU HAVE AN ARIZONA TRANSACTION PRIVILEGE TAN (TPT) LICENSE?
Mf Vex, Number Fax Rat; ORT] No. net sequiced to have an Arizona TPT Lene
CT 54.5545 |
CONFLICT OF INTEREST (SPECIAL NOTICES): !
PM No. Ido new have a conflict of interest
I] Yee, {have a conthicr of interest and response includes the disclosure sequired (see Extubit |. Uem #3)
ACKNOWLEDGEMENTS:
By aigning cle Offer Sheet and sukevirting the accompanying solicitaiion response, Offeror is ceetying that they have
read, waderstand, and agree iw ocmply with ali required tents atud danditions provided in the EX UTRITS PACKAGE
and Checked off eles. Failure £9 provide this aconmwledgentend will result tn disqualification.
4 Exhibis 1 - Special Terms & Coalitions SxrPanivic 2~ Special lavtenctions SPEsbibit 3— Sumple
Agreement
Civ UF GLEADALE
i ~~ ' Sonic HON N : f§! 1073) Prasureaent Division
| Cae TATION NUSIBER: TF 25-84/ 42100074 | Oe re i avenue,
| Stendate | VARIOUS GASES FOR WATER QUALITY en Oe
8. PRICING SHEET
z ONT ACLORS requested to bia in a quantity of ane (1) unless otherwise indicated.
oni
H tioroughly complete die Pricing Sheet ax requested The Unit Price shall
put is nor limited ¢o, slupping, labor, equipment, tuols, miaterails, supplies, heenses,
foes, insurance, profit, and any other associated Auce? or indarect costs Sales tax shall sot be
inginded in the Unit Prive
Estimated | | {
Gwanury | Unit of | Pumit Eatended
fA). Measure Deserpuen . Prive (B) | Prive (8 x BD
Nitager, URP Grade, miincmum 49% Size 37 | .
24] BACH | (or equvatent), CE. C6) eylinde: fade byo-4?
;
i Heuum, CHP Grade, mini 1 =
reguivalenty C.F [iso. casa Brvoe+oG
{R19 6H ATAG - +2
al jutd “Aegan. |
Nitropen. UHP &: we
ISl4CF Portable Dewar Cor equivalent approved
84] BAcH | size) aaa 4 BUT Ip S513)
Rat L| EACIL | Delivery oar “apes ; jo.vo lie SO
z6| tlEact jc Reowl_/ inou tn v. 3.75] 3.75}
g.7 t acu Dewsr / Tenic Renta} /montaly BT6o FESO
€.o { Fach -pack / Renate! / Fron th fy ; 37,50 37.950
B47 | ERtH HAZMAT~-Fee js coalew Wwe Yarres Vetera ble
a5 A peveretuae of:
Preducs total per delivers ,
pee address.
L20Yc of product sale oR
ANS.50 tmaxipriume
teacheve is) Sin eller )
9