appropriate notice to prospective Proposers. Please check the Bell Gardens website for the latest updates at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids . All times are in pacific standard time (PST).
TERMS,AND CONDITIONS
PROFESSIONALSERVICESAGREEMENT
Upon conclusion of the RFP process, the Police Departmentwill recommend a proposer to the City Council. The successful Proposer will be required to enter into a ProfessionalServices Agreement with the City for a 3-year contract with the option of two one-year extensions. A ProfessionalServices Agreement is attached and incorporated as Exhibit . The proposal process, agreementnegotiations and execution, and subsequent actions will be conducted by the City in accordance with applicable law. Proposers should carefully review this document, which constitutes the formal RFP, to ensure a clear understanding of the
GENERAL INSTRUCTIONS, TERMS AND CONDITIONS
A.Proposals shall be prepared to simply and economically, provide a straightforward, concise description of the Proposer's ability to meet the requirements of this RFP.
Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and
B.Proposers shall carefully read the information contained in this RFP and shall submit complete responses to all requirements and questions as directed. Incomplete proposals may be considered non-responsive and may be rejected in the Police DepartmentThe submission of a response to this RFP shall be deemed a representation and certification by the Proposer that it has read and understood the RFP, has investigated all aspects of the RFP, and is aware of the applicable facts pertaining to the RFP process, its procedures and requirements. No request for modification of the responses to this request shall be considered after its submission on grounds that the Proposer was not fully informed as to any facts or condition.
C.Consultants should be aware that the RFP and the contents of the successful proposal will become a part of any subsequent contractual documents that may arise from this RFP. Following the Proposal Submission Deadline, the Police Department, pursuant to the California Public Records Act (Govt. Code Section 6250 et seq.) reserves the right to make copies of all submitted proposals available for inspection and copying by any interested member of the public, except to the limited extent the Police Department determines that any information contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, Proposers acknowledge and agree that their proposal and any information contained therein may be disclosed by the Police Departmentto interested members of the public, including other proposers.
All responses to the RFP received become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as Police Departmentshall not in any
way be liable or responsible for the disclosure of any such proposal or portions thereof, disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portion -responsive.
D. Consultant shall be solely and exclusively responsible for all costs incurred in connection with the preparation and submission of the proposals; demonstrations; interviews; preparation of responses to questions and requests for additional information; for contract discussions; or for anything in any way related to this RFP. The City is not liable for any costs incurred by a proposer in response to this RFP. Whether or not a Consultant is awarded an Agreement pursuant to this RFP, no proposer shall be entitled to reimbursement for any costs or expenses associated with the Consul participation in this RFP process. Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal.
E. The Police Department operates and is funded on a fiscal year basis. Accordingly, the Police Department reserves the right to terminate, without any liability, any Agreement for which funding is not available.
F. The Police Department shall not be responsible for any verbal communication between any employee of the Police Department and any proposing Consultant. Only written requirements and qualifications will be considered. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting contract.
G. Receipt of an addendum of the RFP by a proposal must be acknowledged by submitting the signed addendum with the proposal.
H. A proposal may be modified or withdrawn in person at any time before the scheduled authorized representative. The Police Department reserves the right to request proof of authorization to withdraw a proposal. Proposals may not be withdrawn after the proposal closing date and each Consultant agrees to this stipulation upon submittal of its proposal. However, all proposals are subject to negotiation before an agreement is awarded as further described below.
I. The Police Department may, in the evaluation of proposals, request clarification from Proposers regarding their proposals, obtain additional material or literature, and pursue other avenues of research as necessary to ensure that a thorough evaluation is conducted.
J. By submitting a proposal in response to this RFP, the Proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the Police Department.
K. Negotiations may be conducted with responsible Consultants who submit proposals that are reasonably susceptible of being selected. All Consultants reasonably susceptible of
being selected based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process will ultimately result in the award of a single agreement, the Police Department reserves the right to negotiate an agreement with more than one Proposer.
L. The City of Bell Gardens Police Department expects the highest level of ethical conduct from Proposers, including adherence to all applicable laws and local ordinances regarding ethical behavior.
M. The Police Department reserves the right to reject any and all proposals received as a result of this RFP. The Police Department
be based on any single factor nor will it be based solely or exclusively on the lowest cost proposal. If an Agreement is awarded, it will be awarded to the Consultant who in the judgment of the Police Department, has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the Police Department may consider relevant and important in determining which proposal(s) is best for the Police Department. The Police Department reserves the right to cancel or modify this RFP. There is no guarantee that the Police Department will award an Agreement.
N. If an agreement cannot be reached with the highest ranked Proposer, Police Department reserves the right to terminate negotiations with that party and enter negotiations with the next highest ranked Proposer.
O. Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration:
Evidence of collusion, directly or indirectly, among Proposers in regard to the amount, terms, or conditions of this proposal;
Any attempt to improperly influence any member of the selection staff; Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the Police Department;
Evidence of incorrect information submitted as part of the RFP;
obligations of the proposed scope of work; and
Agreement.
P.
agreement by submittal of its offer, to comply and act in accordance with all provisions
Q. The successful Proposer shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the Agreement.
R.Any questions or clarification related to the contents of the RFP must be submitted to thePolice Departmentat least five (5) calendar days prior to the due date of proposals.
Oral explanations or instructions given prior to the opening of the offer shall not be binding. The City shall issue any official Addendums in writing or via https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bidsto all Proposers.
BACKGROUND
The City of Bell Gardens was incorporated as a general law city in 1961 and is governed by an elected five-member City Council that appoints the City Manager.The City provides Police service for its residents.The Police department is subject to various mandated trainings as set by the Commission on Police Officer Standards and Training (POST), OSHA, Board of State and Community Corrections, and numerous legislativemandates and laws.A training coordinator (Consultant) plays a vital role inkeeping department updated on lawsand regulationsupdates, new laws, regulations,scheduling trainings and keeping all Police Employeesstandards updatedand in compliance.
A critical function of the police department is the facilitation of policy updates and implementation,and training management. Given staffing needs, it is not feasible, cost effective, or operationally efficient to utilize full-time staff for this function. Furthermore, specialized skills and operational knowledge are needed to effectively manage functions related to policy, training, and certain types of internal assessments.
SCOPE OF SERVICES
Theselected Proposer will provide the services as described in theScope of Service.
Modifications of the Scope of Servicesthrough negotiation and/or by written addendum, will be made a part of the future agreement.
The selected Proposeragrees to perform training and policy consultantservices for the Police Departmentat all times in accordance withthe policies established by the City and applicable laws, ordinances, regulations, policies and administrative procedures of the United States, the State of California, Cityor any agency thereof.
Requested Services include, but are not limited tothe following:
A.Enter into a five(3) year agreement with the City of Bell Gardens with the option to extend the agreement for two, one-year extensions for Training and PolicyConsulting Services.
B.Obtain all required permits and follow all local, state, and federal regulations.
C.PerformTraining and Policy Consulting services to the Police Department as follows:
Keep Department updated on laws and regulations.
Serve as a training, and policy consultant, and operational assessment auditor for the City of Bell Gardens Police Department (BGPD).
Developing new law enforcement training courses and updating current law enforcement training courses.
Providing management consulting services to the BGPD.
Assisting BGPD in maintaining compliance with POST selection and training standards.
Knowledgeable on the following computer systems: Training Management Systems (TMS), Electronic Data Interchange, and Learning Portal Systems by CA. POST, Relias standard and training for corrections training system.
Training
Responsible for the development and maintenance of a variety of different basic training programs.
Management Counseling/Special Projects
Provide management studies, peace officer/employee feasibility studies, team building workshops, and field management training.
Learning Technology Resources
Dedicated to researching and developing advanced technology for training law enforcement.
Training, Delivery, and Compliance
Liaison between the Commission on Peace Officer Standards & Training and law enforcement agencies, training managers, and course presenters.
Ensure certified quality law enforcement training and the delivery of that training.
Training Program Services
Responsible for the development and compliance with training curricula for California Peace Officers and other employees.
Maintain the Department Policy manual.
Assist in policy procedure development.
Conduct training assessment needs.
CITY OF BELL GARDENS RESPONSIBILITY
The City of Bell Gardens will provide support and input from staff. Equipment used to perform day to day tasks will be provided by the City and/or consultant as needed. In their proposal, the Proposershall define additional information, services and expertise needs from the City for the implementation of this project.
Police Departmentwill not reimburse Independent Contractor for any expenses incurred by Independent Contractor as a result of services rendered under this Agreement, including, but not limited to, car related expenses, telephone expenses, and equipment expenses.
Independent Contractor may or may not, as Independent Contractor so choose, retain employees or assistants to assist the Independent Contractor. Police Departmentis not assistants and these employees or assistants remain the sole responsibility of Independent Contractor.
PROPOSAL FORMAT AND CONTENT REQUIREMENTS
The following instructions describe the form in which proposals shouldbe submitted.
Responses to the following items will be used for proposal evaluation. Proposals that do not contain responses to each of the requirement items maybe considered incomplete and may be rejected.
Proposal documents should provide a straightforward, concise description of the capabilities to satisfy the requirements ofthis RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. The requirements stated do not preclude a Proposerfrom furnishing additional reports, functions, and costs as deemed appropriate.
The proposal shouldcontain the following six(6) elements describing how the Proposerwill perform the assignment:
1.Transmittal Letter:
a.A letter of transmittal signed by an individual authorized to bind the proposerstating the proposerhas read and will comply with all terms and conditions of the RFP. The transmittal letter will contain, at a minimum: a) company name and address; and b) anexecutive summary
requested, a history of the background and experience providing services.
b.Conflict of Interest Statement: The Proposershall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this Agreement. Particular attention should be paid to compliance with Government Code section 1090.
2. Management and Staffing:
Describe the management and staffing configuration to be utilized to complete the scope of services. Describe the qualifications of staff, their title, and types and amount of equivalent experience. The proposal must indicate who will have primary responsibility for this service.
3. Cost and Pricing:
a. Proposals must include staff hourly rates, plus overhead, travel and any additional project costs proposed. All items must be itemized in detail. The total cost must be Not to Exceed for items 1-5
in this RFP.
b. In addition, an hourly fee schedule must be submitted with the proposal. If the scope of services is substantially modified, the extra cost or credit must be negotiated based on the submitted hourly rates.
4. Additions or Exceptions:
a.
description of all the exceptions to the provisions and conditions of the attached City standard professional services contract.
5. Pending Litigation:
a. Include an explanation and status, if in the last five years, the firm or an office or principal of the firm has been involved in any substantiated complaints, litigation, legal proceedings, or investigations by a regulatory authority.
6. Insurance:
a. Evidence of commercial liability, professional liability, and workers compensation insurance coverages must be included. Insurance requirements are listed on the sample agreement attached as
COST OF RESPONSE PREPARATION
Issuance of this RFP does not commit the City to award an agreement or to pay any costs incurred in preparation of a Proposal or any response to this RFP. The City will make no reimbursement for any cost incurred by a prospective Consultant for the preparation of a response to this Request for Proposals.
EVALUATION CRITERIA
The award of this agreement will be made to the most qualified The award of this agreement will be made to the most qualified ProposerProposerwhose proposal whose proposal complies with the prescribed requirements. The City reserves the right to reject any or all proposals and to waive any technical errors, irregularities, or discrepancies, if to do so is deemed to serve the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Consultant to whom it is proposed to make such an award.
Proposals will be reviewed and evaluated by the City Clerkand City staff and ranked based on qualifications,expertise, and cost-effectiveness.
Iffurther clarifications or negotiations are required, on-site or virtual interviews may be conducted. Participation in these interviews will be at the expense of the Proposer(s). The interview panel will be made up of staff members or representatives from the City.
Recommendations will be forwarded to the City Council for final selection and award.
Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and conditions of this RFP maynot be given further consideration.
Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration:
Evidence of collusion, directly or indirectly, among consultantswith regard to the amount, terms, or conditions of this proposal;
Any attempt to improperly influence any member of the selection staff; Existence of any lawsuit, unresolved contractual claim or dispute between Consultant and the City;
Evidence of incorrect information submitted as part of the RFP; and obligations of the proposed scope of work; and
Agreement.
Each proposal will be considered along with those of other responding Proposers, with respect to ability to perform effectively and efficiently those Scope of Services outlined above.
The successful Consultant shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the Agreement.
Close coordination with the City is required to assure that all requirements will be met. The City reserves the right to withdraw this RFP at any time without any prior notice. Further, the City makes no representations that any Agreement will be awarded to any Proposerresponding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any or all proposals responding to this RFP without indicating any reasons for such rejection(s).
CONSULTANT SELECTION PROCESS
All proposals submitted by the required deadline will be reviewed for adequacy, completeness, content, project approach, qualifications and other criteria developed during the review process. Staff may invite proposerswho have submitted proposals, which pass the initial review, for interviews approximately two weeks after submission. The City reserves the right to conduct interviews of those consultants who pass the initial review or select a Proposerwithout conducting interviews.
The Agreementwill be awarded to the Proposerdeemed by the City to be the best qualified for the scope of services. Proposersare encouraged to elaborate on their qualifications, performance data, and staff expertise relevant to the proposed project.
PUBLIC RECORDS ACT
All proposals submitted in response to this RFP become the property of the City and are subject to the requirements of the California Public Records Act (California Government Code Section 7920 et seq.) Once a successful proposal is identified or all proposals are rejected, all proposals shall be deemed public records. The proposer must identify in writing all copyrighted material, trade secrets, or other proprietary information the proposer claims are exempt from disclosure under the Public Records Act. Proposers claiming exemption must include the following statement in their proposal: The proposer agrees to indemnify and hold harmless the City, its officers, employees, and agents from any claims, liability, or damages against the City, material, trade secrets, or other proprietary information to any party. Failure ofa proposer to include this statement and/or identify in writing the claimed exempt material shall be deemed a waiver of any exemption from disclosure under the Public Records Act. Requests to review
proposal submissions will not be allowed until after a Staff Recommendation is made.
COMMUNICATIONS
The Bell Gardens Police Departmentis the authorized department overseeing this Agreement.
Proposersare directed not to contact officials of the City or any other employees outside of City Police Departmentregarding this contract. Unauthorized contact may be cause for Questions regarding this RFP shall be submitted in writing to Paul Camachobefore the proposal submission date via email at [email protected]. We request that consultants notify the Police Department(via email) of their interest in submitting a proposal for this project. The Police Departmentresponses to substantive questions will be shared with all consultants that notify the Police Department. To ensure fair competition, all proposers will receive the same information and materials.
SAMPLE PROFESSIONAL SERVICES AGREEMENT
DO NOT COMPLETE
Page1of1
2023
PROFESSIONAL SERVICES AGREEMENT
(Engagement:ENGAGEMENT)
(Parties: PROPOSERNAMEand City of Bell Gardens)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, e) is made and entered into this ___________day of __________________ 2023(hereinafter, the by and between theCITY OF BELL GARDENS, a municipal corporation (hereinafter, CITYandPROPOSERNAMECONSULTANT
purposes of this Agreement,CITYandCONSULTANTmay be referred to collectively by CITYor
CONSULTANTinterchangeably,as appropriate.
RECITALS
WHEREAS,CITY requires professional consulting services THE KIND OF SERVICES REQUIRED;and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITYand CONSULTANTagree as follows:
I.
ENGAGEMENT TERMS
1.1TERM: This Agreement shall have a term commencing from the Effective Date through DATE
terminate this Agreement at any
time for convenience or for cause as provided under Article V (Termination), below.
1.2SCOPE OF WORK:
A.Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request
TITLE OF REQUEST FOR PROPOSALS
written proposal of CONSULTANT
TITLE OF PROPOSAL
PROPOSALDATE OF PROPOSAL. The CITY RFP and the
CONSULTANT PROPOSAL are attached and incorporated hereto as and
collective reference to the CITY RFP and the CONSULTANT PROPOSAL. 1of 20
services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
B.IF NO RFP ISSUED:Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain proposal of CONSULTANT entitled TITLE OF PROPOSAL DATE OF PROPOSALCONSULTANT Proposal
is attached and incorporated hereto as . CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental,and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Workshall
1.3PROSECUTION OF WORK:
A.CONSULTANT shall perform Work continuously and with due diligence so as to complete the Work within the Term of this Agreement; B.CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents; C.CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; D.CONSULTANT shall at all times enforce strict discipline and good order E.CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4COMPENSATION: CONSULTANT shall perform the Work in accordance with (hereinafter, COMPENSATION
RATECONSULTANTs total compensation for
the performance of all Workcontemplatedunderthis Agreement,willnot exceed the total budgeted aggregate sum ofWRITTEN AMOUNT ($INSERT NUMBER) (herein-to-during the prosecutionof this Agreement,
unless such added expenditure is first approved by the City Council. In the event -to-Exceed Sum prior to
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the expiration of this Agreement
performance pending CITY approval ofany anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.1,CONSULTANT shallsubmit to CITYan itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month,including services and tasks performed and the reimbursable out- of-pocket expenses incurred. If the amount of CONSULTANTs compensation is a function of hours workedby CONSULTANTs personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each taskand service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice,CITYwill notifyCONSULTANTin writing of any disputedamounts included in the invoice.
Within forty-five (45)calendar daysof receipt of each invoice,CITYwillpay all undisputed amounts included on the invoice. CITYwillnot withhold applicable taxes or other authorized deductions from payments made toCONSULTANT.
1.6ACCOUNTING RECORDS:CONSULTANTwillmaintain complete and accurate records with respect to all matters covered under this Agreementfor a period of three (3) years after the expiration or termination of this Agreement. CITYwillhave the right to access and examine such records, without charge, during normal business hours. CITYwillfurther have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7ABANDONMENT BYCONSULTANT: In the eventCONSULTANTceases to perform theWorkagreed to under this Agreementor otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreementor prior to completion of any or all tasks set forth in the Scope of Work,CONSULTANTwill deliver toCITYimmediately and without delay, all materials, records and other work product prepared or obtained byCONSULTANTin the performance of this Agreement. Furthermore,CONSULTANTwillonly be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses whichCITYmay incur as a result ofCONSULTANTs cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1CITYS REPRESENTATIVE: TheCITYhereby designatesCITY
REPRESENTATIVECity
representativefor the performance of this Agreement. TheCityRepresentativeor theirdesignee willact on behalf of theCITYfor all purposes under this Agreement.
CONSULTANTwillnot accept directions or orders from any person other than the CityRepresentative or theirdesignee.
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2.2CONSULTANTREPRESENTATIVE:CONSULTANThereby designates CONSULTANT REPRESENTATIVE,toact as its representative for the performance of this AgreementConsultantRepresentative
ConsultantRepresentativewillhave full authority to represent and act on behalf of theCONSULTANTfor all purposes under this Agreement. Consultant Representativeor theirdesignee willsupervise and direct the performance of the Work, using theirbest skill and attention, and willbe responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Workunder this Agreement. Notice to the ConsultantRepresentativewillconstitute notice toCONSULTANT.
2.3COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANTagrees to work closely withCITYstaff in the performance of the Workand this Agreementand willbe available toCITYstaff and theCity Representativeat all reasonable times. All work prepared byCONSULTANTwill be subject to inspection and approval byCityRepresentative ortheirdesignees.
2.4STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A.CONSULTANTwillperform all Work skillfully, competently and to the highest standards ofCONSULTANTs profession;
B.CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as authorized representative;
C.CONSULTANTwillperform all Work in a manner reasonably satisfactory to theCITY;
D.CONSULTANTwillcomply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANTshall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANTperforms any work knowing it to be contrary to such laws, rules and regulations, CONSULTANTshall be solely responsible for all costs arising therefrom; E.CONSULTANTunderstands the nature and scope of the Workto be performed under this Agreementas well as any and all schedules of performance;
F.All ofCONSULTANTs employees and agents possess sufficient skill, knowledge, training and experience to perform those servicesand tasks 4of 20
assigned to them byCONSULTANT; and
G.All ofCONSULTANTs employees and agents (including,but not limitedto, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreementand all such licenses, permits, certificates, qualifications and approvals willbe maintained throughout the term of this Agreementand made available to CITYfor copying and inspection.
The Parties acknowledge and agree thatCONSULTANTwillperform, at CONSULTANTs own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANTs failure to comply with the standard of care set forth under this Section or by any like failure on the part ofCONSULTANTs employees, agents, contractors, subcontractors and subconsultants. Such effort byCONSULTANTto correct any errors or omissions willbe commenced immediately upon their discovery by either Party and willbe completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CityRepresentativein writing and in theirsole and absolute discretion. The Parties acknowledge and agree thatCITYs acceptance of any work performed by CONSULTANTor onCONSULTANTs behalf willnot constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree thatCITYhas relied upon the foregoing representations of CONSULTANT, including but not limited to the representation thatCONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Workskillfully, competently and to the highest standards of CONSULTANTs profession.
2.5ASSIGNMENT: The skills, training, knowledge and experience ofCONSULTANT are material toCITYs willingness to enter into this Agreement. Accordingly,CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken byCONSULTANTor on behalf ofCONSULTANTin the performance of this Agreement. In recognition of this interest,CONSULTANTagrees that it willnot assign or transfer, either directly or indirectly or by operation of law, this Agreementor the performance of any of CONSULTANTs duties or obligations under this Agreementwithout the prior written consent of theCITY. In the absence ofCITYs prior written consent, any attempted assignment or transfer willbe ineffective, null and void and will constitute a material breach of this Agreement.
2.6SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are 5of 20
determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Workwillbe performed byCONSULTANTor under CONSULTANTs strict supervision. CONSULTANTwill determine the means, methods and details of performing the Worksubject to the requirements of this Agreement. CITYretainsCONSULTANTon an independent contractor basis and not as an employee. CONSULTANTreserves the right to perform similar or different services for other principalsduring the term of this Agreement, provided such work does not unduly interfere withCONSULTANTs competent and timely performance of the Work contemplated under this Agreementand provided the performance of such services does not result in the unauthorized disclosure of CITYs confidential or proprietary information. Any additional personnel performing the Workunder this Agreementon behalf ofCONSULTANTare not employees of CITYand willat all timesbe underCONSULTANTs exclusive direction and control. CONSULTANTwillpay all wages, salaries and other amounts duetosuch personnel and willassume responsibility for all benefits, payroll taxes, Social Securityand Medicare paymentsandthe like. CONSULTANTwillbe responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Securitytaxes, income tax withholding, unemployment insurance, disability insurance, workerscompensation insurance and the like.
2.8REMOVAL OF EMPLOYEES OR AGENTS: If any ofCONSULTANTs officers, employees, agents, contractors, subcontractors or subconsultants is determined by theCityRepresentativeto be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned toCONSULTANT, a threat to persons or property, or if any ofCONSULTANTs officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Workin a manner acceptable to theCITY, such officer, employee, agent, contractor, subcontractor or subconsultant willbe promptly removed byCONSULTANTand willnot be reassignedto perform any of the Work.
2.9COMPLIANCE WITH LAWS: CONSULTANTwillkeep itself informed of and in compliance with all applicablefederal, state or local laws to the extent such laws control or otherwise govern the performance of theWork.CONSULTANTs compliance with applicable laws willinclude,without limitation,compliancewith all applicableCal/OSHA requirementsand applicable regulations of the Federal Department of Housing and Urbanization.
2.10NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 6of 20
2.11INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree thatCONSULTANTand all persons retained or employed by CONSULTANTare, and willat all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions ofCITY.
CONSULTANTwillbe solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANTand all persons retained or employed byCONSULTANTwillhave no authority, express or implied, to bindCITYin any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against,CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANTunder this Agreementor is otherwise expressly conferred byCITY in writing.
III.
INSURANCE
3.1DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANTwillprocure and maintain the following insurance coverage, at its own expense:
A.Commercial General Liability Insurance: CONSULTANTwillprocure and main
broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001)or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrenceand Two Million Dollars ($2,000,000.00) in the general aggregatefor bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B.Automobile Liability Insurance:CONSULTANTwillprocure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shallhave minimum limits of no less than OneMillion Dollars ($1,000,000.00) per accident for bodily injury and property damage.
C.WorkersCompensation Insurance/ Employers Liability Insurance: A policy of workerscompensation insurance in such amount as will fully comply with the laws of the State of California and which willindemnify, insure and provide legal defense for both CONSULTANTand CITYagainst any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANTin the course of carrying out the Work contemplated in this Agreement.
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D.Errors & Omissions Insurance: For the full term of this Agreementand for a period of three (3) years thereafter, CONSULTANTwillprocure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANTs profession. Such coverage willhave minimum limits ofno less than OneMillion Dollars ($1,000,000.00) per claim.
3.2ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance willcontain an endorsement naming the CITYand CITYs elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3REQUIRED CARRIER RATING: All varieties of insurance required under this Agreementwillbe procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance willbe procured from insurers who,according to the latest edition of the Bests Insurance Guide,have an A.M. Bests rating of no less than A:VII. CITYmay also accept policies procured by insurance carriers with a Standard & Poors rating of no less than BBB according to the latest published edition the Standard & Poors rating guide. As to WorkersCompensation Insurance/ Employers Liability Insurance, theCITY Representativeisauthorizedto authorize lower ratings thanthose set forth in this Section.
3.4PRIMACY OFCONSULTANTS INSURANCE: All policies of insurance provided byCONSULTANTwillbe primary to any coverage available toCITYor CITYs elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITYor CITYselected or appointed officials, officers, employees, agents or volunteers willbe in excess of CONSULTANTs insurance and willnot contribute with it.
3.5WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreementwillnot prohibit CONSULTANTor CONSULTANTs officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANThereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6VERIFICATION OF COVERAGE: CONSULTANTacknowledges, understands and agrees, thatCITYs ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguardingCITYs financial well-being and, indirectly, the collective well-being of the residents of theCITY.
Accordingly,CONSULTANTwarrants, represents and agrees that itwillfurnish CITYwith original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory toCITYin its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy willbe signed by a person authorized by that insurer to bind coverage on its behalf, and willbe on forms provided by theCITYif requested. All certificates of insurance and endorsements willbe received and approved byCITY as a condition precedent toCONSULTANTs commencement of any Work. Upon CITYs written request, CONSULTANTwillalso provideCITYwith certified copies 8of 20
of all required insurance policiesand endorsements.
3.7FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANTor CITY will withhold amounts sufficient to pay premium from CONSULTANTpayments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8SPECIAL RISKS OR CIRCUMSTANCES. CITYreserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
IV.
INDEMNIFICATION
4.1 ity
the fullest extent permitted by law, be protected from any and all loss, injury, cost arising out of or in any way related to the performance of this Agreement.Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CityIndemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY wou
commitment to indemnify, defend and protect CITY as set forth herein. to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. stricted to insurance
proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CityIndemnitees from and against all liability, loss, expert fees and all other costs, and fees of litigation) of every nature arising out of failure
to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from ity
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Indemnitees under this Article, or rel
pay taxes on amounts received pursuant to this Agreement,or (ii) comply with
4.4The obligations of CONSULTANT under this Article will not be limited by the provisions of any
expressly waives its statutory immunity under such statutes or laws as to CITY and volunteers.
4.5CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the eventCONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissi
involved by, for, with or on behalf of CONSULTANT in the performance of this
4.6CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7This Article and all provisions contained herein (including but not limitedto the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1TERMINATION WITHOUT CAUSE:CITYmayimmediately terminate this Agreementat any time for convenience and without cause by giving prior written notice of CITYs intent to terminate this Agreementwhich noticeshall specify the effective date of such termination. Upon such terminationfor convenience, CONSULTANTwillbe compensated only for those servicesand taskswhich have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANTmay not terminate this Agreementexcept forcause as provided under Section 5.2, below. If this Agreementis terminated as provided herein,CITY may requireCONSULTANTto provide all finished or unfinished Documents and 10of 20
Data,as defined in Section 6.1,below, and other information of any kind prepared byCONSULTANTin connection with the performance of the Work.
CONSULTANTwillbe required to provide such Documents and Data within fifteen (15) calendar days of CITYs writtenrequest. No actual or asserted breach of this Agreementon the partof CITYpursuant to Section 5.2, below, willoperate to prohibit or otherwise restrict CITYs ability to terminate this Agreementfor convenience as provided under this Section.
5.2EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A.In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement(or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), willoccur. For all Events
of Default, the Party alleging an Event of Default willgive written notice to will
specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a dateby which the Event of Default willbe cured, which willnot be less than the applicable cure period set forth under Sections 5.2B and 5.2C,below,or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default willconstitute a breach of this Agreementif the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B.CONSULTANT willcure the Event of Default within the following time periods:
i.Within ten (10) business days of CITYs issuance of a Default Notice for any failure of CONSULTANTto timely provide CITYor CITYs employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITYor CITYs employees or agents under this Agreement.
Prior to the expiration of the 10-daycure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-daycure period. The foregoing notwithstanding, CITYwillbe under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i.that exceeds seven (7) calendar days from the end of the initial 10-daycure period; or ii.Within fourteen (14) calendar days of CITYs issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to curethe Event 11of 20
of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITYwill be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement(or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT willinclude, but will not be limited to the following: (i) CONSULTANTs refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANTs failure to fulfill or perform its obligations under this Agreementwithin the specified time or if no time is specified, within a reasonable time;(iii) CONSULTANTs and/or its employeesdisregard or violation of any federal, state,local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANTs refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITYs discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C.CITYwillcure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANTs issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITYmay submit a written request for additional time to cure the Event of Default upon a showing that CITYhas commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoingnotwithstanding, an Event of Default dealing with CITYs failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, willbe cured by CITYwithin five (5) calendar days from the date of CONSULTANTs Default Notice to CITY.
D.CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANTs performance under this Agreementpending
CONSULTANTs cure of any Event of Default by giving CONSULTANT written notice of CITYs intent to suspend CONSULTANTs performance CITYmay issue the Suspension
Notice at any time upon the occurrence of an Event of Default.Upon such suspension, CONSULTANT willbe compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITYup to the effective date of the suspension. No actual or asserted breach of this Agreementon the part of CITYwilloperate to prohibit or otherwise restrict CITYs ability to suspend this Agreementas provided herein.
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E.No waiver of any Event of Default or breach under this Agreementwill constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party willgive the other Party any contractual rights by custom, estoppel, or otherwise.
F.The duties and obligations imposed under this Agreementand the rights and remedies available hereunder willbe in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITYat law or under this Agreementin the event ofany breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i.Upon written notice to CONSULTANT, the CITYmay immediately terminate this Agreementin whole or in part;
ii.Upon written notice to CONSULTANT, the CITYmay extend the time of performance;
iii.The CITYmay proceed by appropriate court action to enforce the terms of the Agreementto recover damages for CONSULTANTs breach of the Agreement or to terminate the Agreement; or
iv.The CITYmay exercise any other available and lawful right or remedy.
CONSULTANT willbe liable for all legal fees plus other costs and expenses that CITYincurs upon a breach of this Agreementor in the CITYs exercise of its remedies under this Agreement.
G.In the event CITYis in breach of this Agreement, CONSULTANTs sole remedy willbe the suspension or termination of this Agreementand/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreementforcompletedservices and tasks.
5.3SCOPE OF WAIVER: No waiver of any default or breach under this Agreement willconstitute a waiver of any other default or breach,whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party willgive the other Party any contractual rights by custom, estoppel, or otherwise.
5.4SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreementpursuant to any provision of this Article or by normal expiration of its term or any extension thereto willnot operate to terminate any Article, Section or provision contained herein which provides that it willsurvive the termination or normal expiration of this Agreement.
VI.
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MISCELLANEOUS PROVISIONS
6.1DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data willbe and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT willrequire all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writingthat CITY willbe granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreementare deemed confidential and willnot be disclosed by CONSULTANT without prior written consent by CITY. CITYwillgrant such consent of disclosure as legally required. Upon request, all CITYdata willbe returned to CITYupon the termination or expiration of this Agreement. CONSULTANTwillnot useCITYs name or insignia, photographs, or any publicity pertaining to the Workin any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent ofCITY.
6.3FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California FalseClaims Act, Government Code Section 12650 et seq.
6.4NOTICES: All notices permitted or required under this Agreementwillbe given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT:CITY:
CONSULTANT NAMECity of Bell Gardens
ADDRESS7100 S. Garfield Avenue
Attn: DEPARTMENT
Attn: PERSON OF CONTACT Phone: 562-806-7700
NAME
Phone: PHONE NUMBER
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Such notices willbe deemed effective when personally delivered orsuccessfully transmitted by facsimile as evidenced by a fax confirmation slip orwhen mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaidand addressed to the Party at its applicable address.
6.5COOPERATION; FURTHER ACTS: The Parties willfully cooperate with one another, and willtake any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6SUBCONTRACTING:CONSULTANTwillnot subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval ofCITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, willcontain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7CITYS RIGHT TO EMPLOY OTHERCONSULTANTS: CITYreserves the right to employ other contractorsin connection with the various projects worked upon byCONSULTANT.
6.8PROHIBITED INTERESTS: CONSULTANTwarrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fideemployee working solely forCONSULTANT, to solicit or secure this Agreement. Further,CONSULTANTwarrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fideemployee working solely forCONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of thisAgreement. For breach or violation of this warranty,CITYwillhave the right to rescind this Agreementwithout liability. For the term of this Agreement, no member, officer or employee ofCITY, during the term of his or her service with CITY, willhaveany direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10GOVERNING LAW AND VENUE: This Agreementwillbe interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, willbe in the Los AngelesCounty Superior Court of the State of California.If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will in the Central District of California located in the City of Los Angeles, California.
6.11: If eitherParty commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation willbe entitled to have and 15of 20
recover from the losing Party reasonable attorand all other costs of such action.
6.12SUCCESSORS AND ASSIGNS: This Agreementwillbe binding on the successors and assigns of the Parties.
6.13NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreementinure exclusively to the Parties.
6.14CONSTRUCTION OF AGREEMENT: This Agreementwillnot be construed in favor of, or against, either Party but willbe construed as if the Parties prepared this Agreementtogether through a process of negotiation and with the advice of their respective attorneys.
6.15SEVERABILITY: If any portion of this Agreementis declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions willcontinue in full force and effect.
6.16AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreementwillbe valid or binding unless executed in writing and signed by both Parties, subject toCITYapproval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver willbe void and invalid.
6.17CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18INCONSISTENCIES OR CONFLICTS: In the event ofany conflict or inconsistency between the provisions of this Agreementand any of the exhibits attached hereto, the provisions of this Agreementwillcontrol.
6.19ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into betweenCITYandCONSULTANTprior to the execution of this Agreement. Any statements, representations,or other agreements, whether oral or written, made by eitherParty that isnot embodied herein willnot be valid or binding on the Parties. No amendment, modification or supplement to this Agreementwillbe valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20FORCE MAJEURE: The Termshall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANTand without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the 16of 20
CITY, if the CONSULTANTshall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such e final and
conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANTsole remedy being extension of the Agreement pursuant to this Section.
6.21COUNTERPARTS: This Agreementwillbe executed in three (3) original counterparts each of which willbe of equal force and effect. No handwritten or typewritten amendment, modificationor supplement to any one counterpart willbe valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart willbe delivered to CONSULTANT and the remaining two original counterparts willbe retained by CITY.
(SIGNATURES ON NEXT PAGE)
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreementto be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS:CONSULTANTNAME:
By:_______________________________By:_______________________________ Name:____________________________Name:____________________________ Title:____________________Title:____________________
Date:_____________________Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Stephanie Vasquez, City Attorney
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CITY RFP
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CONSULTANT PROPOSAL
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CONSULTANT PROPOSAL
20 2023
EQUIPMENT PROCUREMENT AGREEMENT
(Procurement: Purchase and Installation of Modular Office Space) (Parties: City of Bell Gardens and McGrath RentCorp dba Mobile Modular Management Corp.)
THIS EQUIPMENT PROCUREMENT
and entered into this ___________ day of _________________ 2023 by and between the CITY OF BELL GARDENS, a municipal
MCGRATH RENTCORP DBA MOBILE MODULAR MANAGEMENT CORP. (hereinafter, VendorCity and Vendor may be referred to
City or Vendor interchangeably.
RECITALS
WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and
WHEREAS, the CityPolice Department requires the purchase and installation of Services Officer Division and the Police Explorer Post to perform daily operations throughout the City; and
WHEREAS, per Section 3.04.100(E) (Exceptions) of Chapter 3.04 (Purchasing System) of the Bell Gardens 04.100), states that
the purchasing policy may be dispensed with when supplies, services or equipment can be produced from a supplier who offers the same or better prices, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; and
WHEREAS, on October 20, 2022
Relocatable Building and Storage Solutions
with Related Services (RFP #120822); and
WHEREAS, on December 8, 2022, Vendor submitted a proposal; and
WHEREAS, on February 22, 2023, Vendor was awarded a Solicitation Contract #120822-MMR, (hereinafter Sourcewell Contract); and
WHEREAS, authorized under Section 3.04.100(E) of the Bell Gardens Municipal Code but such to certain terms and conditions set forth, City wishes to avail itself of the opportunity of purchase and installation of certain equipment and services that meet the specifications of the Sourcewell Contract at the same unit pricing and rates given to Sourcewell under the Sourcewell Contract; and
1 WHEREAS, the City as a public agency will be able to utilize Vendorcooperative agreement with Sourcewell, to purchase directly from Vendor; and
WHEREAS, City desires to enter into an agreement with Vendor for the purchase and installation of a 12 X 56 Modular Office Space, upon the conditions set forth below.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Vendor, agree as follows:
Section 1. DESCRIPTION OF MATERIALS AND SERVICES
A. Subject to all the terms and conditions of this Agreement, Vendor agrees to sell and install a 12 X 56 Modular Office Space as described in the Quote #Q-402649, dated October 13, 2023 (hereinafter the Quotation which is attached and incorporated hereto as A. For purposes of this Agreement, the Equipmentpurchase and installation of the 12
X 56 Modular Office Space as listed in the Sourcewell RFP. The unit prices charged by Vendor to City for the Equipment listed in the Quotation shall be no greater than the unit prices charged to Sourcewell under the Sourcewell RFP.
Except as otherwise provided herein the Equipment shall, in all respects, meet the specifications for identical Equipment set forth under the Sourcewell RFP and shall be subject to all warranties set forth under the Sourcewell RFP and Sourcewell Contract (Collectively referred to as Sourcewell Documents). A true and correct copy of the Sourcewell Documents are attached and incorporated hereto as B.
B. performance under this Agreement includes all transportation services, labor, material, tools and equipment necessary for Vendor to complete its delivery and installation at the location(s) specified by the City Representatives in a good workmanlike manner. Vendor shall not commence the delivery and installation of the Equipment until such time as City issues a written notice to proceed the date, time and location of the delivery along with such other written instructions as may be provided by the City Representatives.
C. Vendor shall perform all services and tasks contemplated under this Agreement continuously and with due diligence. Vendor shall, among other things, be responsible for the delivery and installation of the Equipment to City and shall also provide its delivery personnel with all equipment and tools necessary to move the Equipment to the location(s) specified by the City representatives. City shall in no way be responsible for undertaking the delivery or installation of the Equipment with its own personnel or any other contracted third-party, nor shall City be responsible for providing Vendor personnel with training, tools or equipment required to deliver the Equipment. The Equipment installation shall occur by February 1, 2024.
D. The Equipment installation shall be subject to inspection by City and may be 2 rejected by Cityif the Equipment doesnot meet the specifications called for under this Agreement or is otherwise defective. The Equipment installation shall be considered accepted upon City issuance of a written Notice of Acceptance, which shall not be unreasonably withheld or delayed. At any time prior to the issuance of a Notice of Acceptance, City may reject, return and demand the replacement of the Equipment which does not meet the required specifications or is defective and the cost of returning and replacing the Equipment shall be borne solely and exclusively by Vendor. At CityEquipment that is rejected and returned by City shall be promptly replaced by Vendor or the cost of such Equipment shall be credited or refunded to City. No payment shall be required until replacement is complete. Vendor shall replace any and all Equipment lost during delivery. Prior to the issuance of such Notice of Acceptance, Vendor, at Vendor sole cost and expense, shall be required to make all such repairs, modifications or corrections to the Equipment installation as may be necessary to ensure that the Equipment installation is performed in accordance with the agreed specifications or replace any and all defective or incompatible parts as may be necessary to ensure that the Equipment installation is performed in accordance with the established specifications.
E. CityEquipment installation shall be conditioned upon the final inspection by City, as specified under Section 5 of this Agreement, below, to ensure that the Equipment installation satisfies the requirements of the City and is capable of performing in accordance with performance standards set forth in the specifications of the Sourcewell RFP. City reserves the right to direct to replace, at no additional cost to City, any Equipment which is determined to be damaged, defective or other non-compliant with such specifications.
F. Coordinated Equipment will take place during the standard business hours.
Section 2. STANDARD OF CARE
A. Vendor represents, acknowledges and agrees as follows:
1. Vendor shall perform all work and services contemplated under this Agreement skillfully, competently and to the highest standards applicable to the Vendor field;
2. Vendor shall perform all work in a manner reasonably satisfactory to the City;
3. Vendor shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);
4. Vendor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance; 3 5. All of Vendor employees and agents (including but not limited to Vendor subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and
6. All of Vendor employees and agents (including but not limited to Vendor subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.
The Parties acknowledge and agree that Vendor acceptance of any work performed by or on Vendor behalf shall not constitute a release of any defects or damage to the Equipment undetectable or otherwise unknown to City at the time of acceptance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Vendor, including but not limited to the representation that possesses the skills, training, knowledge and experience necessary to perform all services and tasks contemplated under this Agreement in a skillful and competent manner.
Section 3. REPRESENTATIVES
A. City Representative. For the purposes of this Agreement, the Agreement administrator and Cityrepresentative shall be Captain Paul Camacho, or his designee Vendor
responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and Vendor shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.
B. Vendor Representative. For the purposes of this Agreement, Mario Duran, Commercial Sales Specialists Mobile Modular, is hereby designated as the principal and representative of Vendor authorized to act on its behalf with respect to Vendor performance under this Agreement and to make all decisions in Vendor Vendor
Representative shall be written to constitute notice to Vendor.
Section 4. PERSONNEL
A. Vendor represents that it has, or will secure at its own expense, all personnel required to perform the services and tasks required under this Agreement. All such services will be performed by or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services.
4 B. Vendor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.
C. In the event that City, in its sole and absolute discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned to perform services pursuant to this Agreement, Vendor shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons.
D. Vendor tractors
wages and benefits and shall comply with all requirement .
E. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., Vendor and any subcontractor under Vendor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, Vendor is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the Secretary, which copies shall be made available to any interested party on request.
F. Permits and Licenses. Vendor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City business license.
Section 5. INSTRUCTION ON MAINTENANCE
Cityrsonnel in coordination with Vendor personnel shall have a period of thirty (30) calendar days from the date the Equipment is delivered and installed to run performance tests of the Equipment in order to determine whether or not the Equipment meets specifications, is not damaged and is functioning properly. Vendor, during the testing and inspection period contemplated herein, shall also provide City personnel with instruction and training on maintenance of the Equipment and shall supply City with true and correct copies of all technical specifications, operating manuals and other materials relating to the maintenance and upkeep of the Equipment. The foregoing shall be in addition to and not in lieu of any training program specified under the Sourcewell RFP. Unless otherwise notified in writing, the Equipment shall be deemed accepted following the end of the 30- day testing and instruction period. City
circumstances or other factors which make the City unwilling to accept the Equipment installation shall toll, the expiration of the 30-day testing and instruction period as to all Equipment.
5 Section 6.WARRANTIES
Vendor shall extend to City all such warranties for the Equipment provided to Sourcewell under the Sourcewell RFP and Sourcewell Contract subject to the same terms and conditions set forth therein, including but not limited to the warranties referenced under Section C of the Sourcewell RFP and Section B of the Sourcewell Contract.
Section 7. COMPENSATION
A. Compensation for Surfacing. Vendor shall sell, deliver and install the Equipment as referenced in the Quotation at unit pricing that is no greater than the unit pricing provided to Sourcewell for identical services under the Sourcewell Documents.
The foregoing notwithstanding, in no event may Vendors total aggregate compensation for the sale, delivery and installation of the Equipment exceed the aggregate sum of SEVENTY-FOUR THOUSAND THREE HUNDRED FORTY- EIGHT DOLLARS ($74,348) (hereinafter, Not-to-Exceed Amount.
Section 8. SURETY BOND
A. Performance Bond. Vendor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total Not-to-Exceed Sum.
The Performance Bond shall be in a form approved by City. No payment shall be made to Vendor until the Performance Bond has been received and approved by the City or the requirement for the Performance Bond has been waived.
B. Labor and Materials Bond. Vendor shall execute and provide to City concurrently with this Agreement a Labor and Materials Bond in the amount of the Not-to- Exceed Sum. The Labor and Materials Bond shall be in a form approved by City.
No payment shall be made to Vendor until the Labor and Materials Bond has been received and approved by the City.
Section 9. PROHIBITED INTERESTS
Vendor warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, City shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6 Section 10.INDEPENDENT CONTRACTOR
Vendor will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute as an agent, servant, or employee of City and shall not and is not intended to create the relationship of partnership, joint venture or association between City and Vendor.
Section 11. RECORDS AND INSPECTION
Vendor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. City shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. This right inspection shall not extend to the makeup of lump sum prices, day rates, or profit margins.
Section 12. CONFLICTS OF INTEREST
Vendor hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with in connection with this project. Vendor hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any City ordinance, state law or federal statute. Vendor agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that executes in connection with the performance of this Agreement.
Section 13. INDEMNIFICATION
Vendor shall indemnify, defend and hold harmless the City, its elected and appointed officials, commissioners, officers, employees, agents and volunteers for the same types of loss, claims, suits, actions, damages and causes of action and to the same extent afforded the officials, commissioners, officers, agents, employees and volunteers.
Section 14. INSURANCE
Vendor shall at all times during its period of performance under this Agreement maintain all policies of insurance at the same coverage levels and of the same type and scope as set forth under Section 18 of the Sourcewell Contract.
Section 15. MUTUAL COOPERATION
A. City shall provide all pertinent data, documents and other requested information as is reasonably available for the proper performance of Vendor services. 7 B. In the event any claim or action is brought against City relating to Vendor performance in connection with this Agreement, Vendor shall render any reasonable assistance that City may require.
Section 16. TERMINATION FOR CONVENIENCE; TERMINATION FOR CAUSE
A. Termination for Convenience. Prior to the issuance of City Proceed, City may immediately terminate this Agreement, inclusive of the purchase of the Equipment, without cause, without liability and free of any charge or cost to City. After the Cityity may
immediately terminate this Agreement for convenience and without cause. Such termination for convenience shall be made in writing signed by the City Representative specifying the effective date of such termination. Vendor may only terminate this Agreement for cause. Except as otherwise provided herein, in the event of CityVendor shall be
compensated for such Equipment delivered to and accepted by City and for such services performed up to the effective date of the termination.
B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this all Events of Default, the Party alleging an Event of Default shall give written notice specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 16(C) below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) Vendor failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) Vendor
federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Vendor, whether voluntary of involuntary; (iv) Vendor refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) City statement representation or warranty by relating to this Agreement is false or erroneous in any material respect.
C. Vendor shall cure the following Events of Defaults within the following time periods:
1. Within ten (10) calendar days of City
8 failure to timely provide Cityor its agents with any information and/or written reports, documentation or work product which Vendor is obligated to provide to City or its agents under this Agreement. Prior to the expiration of the 10-day cure period, Vendor may submit a written request for additional time to cure the Event of Default upon a showing that it has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 10-day cure period; or
2. Within fifteen (15) calendar days of Citytice for
any other Event of Default under this Agreement. Prior to the expiration of the 15-day cure period, may submit a written request for additional time to cure the Event of Default upon a showing that has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds fifteen (15) calendar days from the end of the initial 15-day cure period.
If an Event of Default relates to a material falsehood or misrepresentation set forth in the Surfacing specifications that is not susceptible to a cure, City in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.
D. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by within forty-five (45) calendar days of Vendor issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period.
The foregoing notwithstanding, an Event of Default dealing with City timely pay any undisputed sums to shall be cured by City within thirty (30) calendar days from the date of Vendor Default Notice to City.
E. City, in its sole and absolute discretion, may also immediately suspend Vendor performance under this Agreement (or the performance of any specific task or function performed by under this Agreement) pending Vendor cure of any Event of Default by giving written notice of CityVendor performance ity may issue the Suspension Notice at any
time upon the occurrence of an Event of Default. Upon such suspension, Vendor shall be compensated only for those services and tasks which have been rendered by to the reasonable satisfaction of City up to the effective date of the suspension. 9 No actual or asserted breach of this Agreement on the part of Cityshall operate to prohibit or otherwise restrict City
herein.
F. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
G. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
1. Upon written notice to Vendor, the City may immediately terminate this Agreement in whole or in part;
2. Upon written notice to Vendor, the City may extend the time of performance;
3. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Vendor breach of the Agreement, obtain specific performance from Vendor or to terminate the Agreement; or
4. The City may exercise any other available and lawful right or remedy.
H. In the event City is in breach of this Agreement, Vendor sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to under this Agreement for completed services and tasks. In no event shall Vendor be entitled to receive more than the amount that would be paid to for the full performance of the services required by this Agreement.
I. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
Section 17. FORCE MAJEURE
Vendor shall not be liable for any failure to perform if presents acceptable evidence, in City
without the fault or negligence of Vendor. In the event that a FORCE MAJEURE event materially increases the Vendor costs of performance hereunder then City shall make an equitable contribution to all such increased costs of performance to the extent that such costs are not covered by Vendor insurances.
10 Section 18. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during Vendor and City
deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY: If to MCGRATH RENTCORP DBA MOBILE
MODULAR MANAGEMENT CORP.:
City of Bell Gardens McGrath RentCorp dba Mobile Modular 7100 S. Garfield Avenue Management Corp.
Bell Gardens, CA 90201 5700 Las Positas Road
Attn: Captain Paul Camacho, Livermore, CA 94551
Police Department Attn: Mario Duran, Commercial Sales
Specialist Mobile Modular
Phone: 925-606-9000
Section 19. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
In the performance of this Agreement, shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Section 20. PROHIBITION AGAINST ASSIGNMENT
Vendor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City
unreasonably withheld or delayed and any attempt to do so shall be void and of no effect.
City shall not be obligated or liable under this Agreement to any party other than Vendor.
Section 21. ATTORNEY FEES
In the event that City or Vendor commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover
Section 22. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this 11 Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between City and Vendor with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both City and Vendor.
Section 23. GOVERNING LAW; JURISDICTION
This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
Section 24. SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Section 25. AMENDMENT; MODIFICATION
No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
Section 26. CAPTIONS
The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
Section 27. AUTHORIZATION
Both parties represent and warrant that the person executing this Agreement on behalf of each party is an authorized agent who has actual authority to bind each party to each and every term, condition, and obligation of this Agreement and that all requirements of each party have been fulfilled to provide such actual authority.
Section 28. SURVIVAL OF PROVISIONS AND OBLIGATIONS
Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any 12 obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
Section 29. EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
\[SIGNATURES ON FOLLOWING PAGE\]
13 TO EFFECTUATE THIS AGREEMENT,the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
CITY OF BELL GARDENS MCGRATH RENTCORP DBA MOBILE
MODULAR MANAGEMENT CORP.
By:_____________________________ By:_____________________________ , City Manager
Date:_______________ Date:__________________
Approved as to form:
By:
Stephanie Vasquez, City Attorney
14 QUOTATION
15 Sale Quotation and Agreement
a Division of McGrath RentCorp
Corporate Headquarters
Quote #Q-402649
5700 Las Positas Rd
Date of Quote10/13/2023
Livermore, CA 94551
Quote Expiration Date:11/12/2023
925-606-9000
www.mgrc.com
EstimateDel Date12/29/2023
BuyerPO#:
MOBILE MODULAR SOURCEWELL CONTRACT ID# 120822-MMR
BuyerName and Billing Address Site Information SellerName City of Bell GardensRigoberto BarriosMobile Modular Management Corporation 7100 Garfield Avenue7100 Garfield Avenue("Seller")
Questions?
Bell Gardens,CA90201Bell Gardens,CA90201
Rigoberto BarriosCell: 1 (562) 806-7788Contact: Mario Duran Phone #: 1 (562) [email protected]
Direct Phone: 1 (951) 282-4253
Sourcewell Account#94212
Equipment and AccessoriesQtyPurchase PriceExtended Purchase PriceTaxable Office, 12x56 HCD (NonStd)(Non-Standard
Configuration.Size excludes 3' towbar.)1$56,999.98Y
Sourcewell Building Price Previously leased building discount @ $105/SF x 672 = $70,560.00 -(minus) $13,560.02 MM Discount = $56,999.98 Steps, Standard2$892.50$1,785.00Y
Charges Upon DeliveryQtyCharge EachTotal One TimeTaxable Office, 12x56 HCD (NonStd)(Non-Standard
Configuration.Size excludes 3' towbar.)
Delivery1$800.00$800.00N
Delivery Pilot1$450.00$450.00N
Delivery Permit1$225.00$225.00N
Block and Level Building(PW)1$285.00$285.00N
Foundation, Installation(PW -Sublet to
Foundation Drawings)20$126.00$2,520.00Y
Drawings(Foundation)1$1,000.00$1,000.00N
Essential Material Handling Fee1$75.00$75.00N
Removal, Towbar/Hitch(PW)1$155.00$155.00N
Delivery Haulage Fuel1$22.00$22.00N
Skirting, Install(PW)136$25.00$3,400.00Y
Total Estimated Charges
Subtotal $67,716.98
Taxes $6,631.02
Total Charges (including tax)$74,348.00
Special Notes
Additional Note: Mobile Modular Sourcewell Contract ID#120822-MMR. (1) 12x56 previously leased building purchase priced using standard Sourcewell pricing (minus) previously lease discount & MM discount. All one-time charges including installation, delivery, block & level, skirting, anchor & tie-down, etc. was priced using RSMeans plus 17% Markup.
Block/Level:Price assumes building is installed using Mobile Modular standard foundation. Mobile Modular assumes installation on the minimum foundation design criteria/tolerances.For DSA buildings, it is assumed building will be installed on the minimum amount of foundation lumber per the applicable DSA approved stockpile drawings and site will not exceed 4-1/2" out of level.Additional material and labor charges apply for installing buildings above minimum foundation design criteria, raising buildings to meet specific finish floor elevations, raising building level to adjacent buildings, landings, walkways, transitions, etc.
Tie-downs: Quantity and price may vary based on seismicsource factor and site conditions. Patch and repair of site after removal is not included and is the responsibility of the Customer. Alternative non-penetrating seismic system is available for an additional charge.Wet-stamped engineering available for an additional charge.
General: Customer's site must be dry, compacted, level and accessible by normal truck delivery.Pricing does not include any clearing or grading of sites, obstruction removal, site or final building clean up , any asphalt transitions,
Quote # Q-402649
10/13/2023 1:34:06 PM
Sale Quotation and Agreement
a Division of McGrath RentCorp
Corporate Headquarters
Quote #Q-402649
5700 Las Positas Rd
Date of Quote 10/13/2023
Livermore, CA 94551
Quote Expiration Date: 11/12/2023
925-606-9000
www.mgrc.com
Estimate Del Date 12/29/2023
Buyer PO#:
MOBILE MODULAR SOURCEWELL CONTRACT ID# 120822-MMR
dolly, crane, forklift, electrical or plumbing connections, window coverings, furniture, casework, appliances, doorstops, phone or data lines, gutters, downspouts or tie-in, temporary power, temporary fencing, traffic control, flagmen, soil and/or pull test, custom engineering, fees associated with inspections, city or county submittals and/or use permits, security screens, door bars and any item not specifically listed as being included.
Yes - Prevailing Wage: Pricing includes prevailing wage and certified payroll for installation work performed on site.
Skirting: Skirting installation & removal is not included unless otherwise noted. When included, it is non-structural, non-fire rated and cosmetic only. Skirting pricing assumes a level site.
Quote Based on Mobile Modular Standard Unit: Does not include permits, utility hook ups, site work, office equipment, furniture, coffee/water service, cleaning service, phone/internet service. Quote only includes items specifically listed on quote. If additional equipment is needed to set building, there will be an additional cost.
Site Installation Requirements: Prior to delivery, Customer shall mark the four corners where the building is to be placed on the site/pad location, and shall also mark the locations of door(s) and ramp(s). Should special handling be required to position, install, or remove the modular building on Customer's site due to site conditions/constraints and/or obstructions, Customer will be responsible for additional charges. Additional rolling charges may be applicable as site conditions necessitate.
Delivery Date: Delivery date will not be confirmed until Mobile Modular receives and approves the signed Agreement and all credit conditions have been met.
Delivery of Equipment: Customer is responsible for selecting a suitable site and directing Mobile Modular on exact placement/orientation of the Equipment. Customer shall physically mark the site/pad to indicate corner locations for Equipment placement.
Additional Information
Buyerpaid by
Buyer. Unless noted, prices do not include permits, stairs, foundation systems, temporary power, skirting, engineering, taxes or utility hookups.
iances provided
are previously leased and materials, dimensions, and specifications vary. Detailed specifications may be available upon request.
upon execution of agreement.
Sales Tax will be calculated based on the tax rate at the time of invoicing. -Bacon wages, or other special or certified wages.
Quote # Q-402649
10/13/2023 1:34:06 PM
B
SOURCEWELL DOCUMENTS
16 RFP #120822
REQUEST FOR PROPOSALS
for
Relocatable Building and Storage Solutions with Related Services
Proposal Due Date: December 8, 2022, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Relocatable Building and Storage Solutions with Related Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for https://proportal.sourcewell-
Proposals can be found on the Sourcewell Procurement Portal \[ mn.gov\]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than December 8, 2022, at 4:30 p.m. Central Time, and late proposals will not be considered.
SOLICITATION SCHEDULE
Public Notice of RFP Published: October 20, 2022
Pre-proposal Conference:November 16, 2022, 10:00 a.m., Central Time Question Submission Deadline:November 30, 2022, 4:30 p.m., Central Time Proposal Due Date: December 8, 2022, 4:30 p.m., Central Time Late responses will not be considered.
Opening:December 8, 2022, 6:30 p.m., Central Time
See RFP Section V.G. “Opening”
Rev. 3/2022 Sourcewell RFP #120822
Relocatable Building and Storage Solutions with Related Services
I. ABOUT SOURCEWELL
A. SOURCEWELL
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements (including Canadian Free Trade Agreement, Ontario-Quebec Trade and Cooperation Agreement, and Canada-European Union Comprehensive Economic and Trade Agreement, as applicable), and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities procure equipment, products, and services.
Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers’ potential pool of end users.
Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.
B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell’s contracts are available for use by:
1 Federal and state government entities;
Cities, towns, and counties/parishes;
Education service cooperatives;
K-12 and higher educationentities;
Tribal government entities;
Some nonprofit entities; and
Other public entities.
In Canada, Sourcewell’s contracts are available for use by:
Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; Indigenous self-governing bodies
Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly funded academic, health, and social service 1 Pursuant to HAR §3-128-2, the State of Hawaii, Department of Accounting and General Services, State Procurement Office, on behalf of the State of Hawaii and participating jurisdictions, has provided notice of its Intent to Participate in the solicitation as a participating entity.
Rev. 3/2022 Sourcewell RFP #120822
Relocatable Building and Storage Solutions with Related Services
entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; Members of the Canoe procurement group of Canada, and their partner associations:
Canoe members are regional, local, district or other forms of municipal government, school boards, publicly-funded academic, health and social service entities in Alberta and across Canada, as well as any corporation or entity owned or controlled by one or more of the preceding entities – as well as partner associations, including Saskatchewan Association of Rural Municipalities, Association of Manitoba Municipalities, Local Authorities Services/Association of Municipalities Ontario, Nova Scotia Federation of Municipalities, Federation of Prince Edward Island Municipalities, Municipalities Newfoundland Labrador, Union of New Brunswick Municipalities, North West Territories Association of Communities, CivicInfo BC, and their members.
For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website(note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-for- vendors/agency-locator.
Participating Entities typically access contracted equipment, products, or services through a purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entitiesretain the right to obtain similar equipment, products, or services from other sources.
To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP. In addition, where applicable, other purchasing cooperatives and procurement officials receive notice and are encouraged to re-post the solicitation opportunity.
Proof of publication will be available at the conclusion of the solicitation process.
II.SOLICITATION DETAILS
A. SOLUTIONS-BASED SOLICITATION
This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards.
Rev. 3/2022 Sourcewell RFP #120822
Relocatable Building and Storage Solutions with Related Services
B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative.
1.Sourcewell is seeking proposals for Relocatable Building and Storage Solutions with Related Services, including:
a. Relocatable, demountable, portable, modular, temporary, and reusable buildingsor storage; and
b. Services related to the above offerings such as: assembly, disassembly, upkeep, repair, maintenance, leasing, rental, delivery, and transportation of the building or storage solutions described in subsection 1. a. above.
Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed.
2. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell:
a. Fabric Structures with Related Materials and Services (RFP #091319); b. Industrial and Workplace Storage Systems with Related Accessories (RFP #010920); c. Equipment Rental with Related Services (RFP #062320); d. Facilities Maintenance Services (RFP #062421);
e. Restroom and Shower Facility Solutions (RFP #081721); f. Trailers with Related Equipment, Accessories, and Services (RFP #092922); and g. Pre-Engineered Buildings with Related Materials and Services (RFP #110822).
Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment-only or products-only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local third- party contractors, to properly install and bring to operation the equipment or products being proposed.
Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment, products, and services provided under a resulting contract. If proposer is including the equipment, products, and services of its subsidiary entities, the proposer must also identify all included subsidiaries in its proposal. If proposer requires the use of distributors, dealers, resellers, or subcontractors to provide the equipment, products, or services, the proposal must address how the equipment, products or services will be provided to Participating Entities, and Rev. 3/2022 Sourcewell RFP #120822
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describe the network of distributors, dealers, resellers, and/or subcontractors that will be available to serve Participating Entitiesunder a resulting contract.
Sourcewell encourages suppliers to offer the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities.
C. REQUIREMENTS
It is expected that proposers have knowledge of all applicable industrystandards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities.
1.Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes.
2.Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.
3.New Equipment and Products. Proposed equipment and products must be for new, current model; however, proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal.
4.Delivered and operational. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational.
5. Warranty.All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better.
D. ANTICIPATED CONTRACT TERM
Sourcewell anticipates that the term of any resulting contract(s) will be four years, with an optional one-year extension that may be offered based on the best interests of Sourcewell and its Participating Entities.
E. ESTIMATEDCONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $20 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.
F. MARKETING PLAN
Proposer’s sales force will be the primary source of communication with Participating Entities.
The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or Rev. 3/2022 Sourcewell RFP #120822
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dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is expected that proposer will promote and market any contract award.
G. ADDITIONAL CONSIDERATIONS
1.Contracts will be awarded to proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP.
2.A proposer may submit only one proposal. If related, affiliated, or subsidiary entities elect to submit separate proposals, rather than a single parent-entity proposal, each such proposal must be prepared independently and without cooperation, collaboration, or collusion.
3.If a proposer works with a consultant on its proposal, the consultant (an individual or company) may not assist any other entity with a proposal for this solicitation.
4.Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell reserves the right to verify proposer’s information and may request clarification from a proposer, including samples of the proposed equipment or products.
5.Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory.
6.A proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal.
III. PRICING
A. REQUIREMENTS
All proposed pricing must be:
1.Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the proposer’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any contract resulting from this RFP.
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2.The proposer’s not to exceed price. A not to exceed price is the highest price for which equipment, products, or services may be billed to a Participating Entity. However, it is permissible for suppliers to sell at a price that is lower than the contracted price.
3. Stated in U.S. and Canadian dollars (as applicable).
4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location).
Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the proposer. Additionally, proposers should clearly describe any unique distribution and/or delivery methods or options offered in the proposal.
B.ADMINISTRATIVE FEES
Proposers awarded a contract are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entitiesfor all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative.
IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the proposal being disqualified from further review and evaluation.
To request a modification to the template Contract, a proposer must submit the Exceptions to Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the time of the proposal submission will be considered.
Exceptions must:
1. Clearly identify the affected article and section.
2. Clearly note the requested modification; and as applicable, provide requested alternative language.
Unclear requests will be automatically denied.
Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded supplier for signature.
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Ifa proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked.
V.RFP PROCESS
A. PRE-PROPOSAL CONFERENCE
Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted in the Solicitation Schedule forthis RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre-proposal conference attendance is optional.
B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.
The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through anaddendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.
All questions, whether specific to a proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline.
C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.
Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the proposer by checking the box for each addendum. It is the responsibility of the proposer to check for any addenda that may have been issued up to the solicitation due date and time.
If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the proposer’s proposal status to INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the Rev. 3/2022 Sourcewell RFP #120822
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Sourcewell Procurement Portal Vendor Account. The proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has changed to INCOMPLETE, the proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above.
D.PROPOSAL SUBMISSION
Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to ensure that the proposal is received on time.
It is recommended that proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell issolely determined by the Sourcewell Procurement Portal web clock.
In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues.
Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation .
email, contact Sourcewell’s support provider at [email protected] To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity.
Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award.
The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the proposer to remedies available by law.
E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
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In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected.
Complete. A proposal will be rejected if it is conditional or incomplete.
Submitted in English.
Valid and irrevocable for 90 days following the Proposal Due Date.
Any and all costs incurred in responding to this RFP will be borne by the proposer.
F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a proposer may withdraw its proposal.
G. OPENING
The Opening of proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule.
To view the list of proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time.
VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of proposersthatSourcewell determines is necessary to meet the needs of its Participating Entities.
Factors to be considered in determining the number of contracts to be awarded in any category may include the following:
Total evaluation scores (giving consideration to natural breaks in the scoringof responsive proposals);
The number and geographic location of highest-scoring proposers that offer:
o A comprehensive selection of the requested equipment, products, or services; o A sales and service network ensuringavailability and coverage for Participating Entities’ use; and
o Other attributes of the proposer or contents of its proposal that assist Participating Entities in achieving environmental and social requirements, and goals.
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Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewellhas any knowledge about a specific supplier or product.
B. AWARD(S)
Award(s) will be made to the highest-scoring proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP.
Sourcewell may request written clarification of a proposal at any time during the evaluation process.
Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (a copy is available in the Sourcewell Procurement Portal):
Conformance to RFP Requirements 50
Financial Viability and Marketplace Success75
Ability to Sell and Deliver Service 100
Marketing Plan50
Value Added Attributes75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400
TOTAL POINTS 1000
C. PROTESTS OF AWARDS
Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.
Box 219, Staples, MN 56479. All documents that comprise the complete protest packagemust be received, and time stamped at the Sourcewell office by 4:30 p.m., Central Time, no later than 10 calendar days following Sourcewell’s notice of contract award(s) or non-award. and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must allege a procedural, technical, or legaldefect, with supporting documentation. A protest that merely requests a re-evaluation of a proposal’s content will not be entertained A protest must include the following items:
The name, address, and telephone number of the protester; Identification of the solicitation by RFP number;
A precise statement of the relevant facts;
Identification of the alleged procedural, technical, or legal defect; Analysis of the basisfor the protest;
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Any additional supporting documentation;
The original signature of the protester or its representative; and Protest bond in the amount of $20,000 (except where prohibited by law or treaty).
Protests that do not address these elements will not be reviewed.
D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the proposermay be rejected.
Sourcewell reserves the right to:
Modify or cancel this RFP at any time;
Reject any and all proposals received;
Reject proposals that do not comply with the provisions of this RFP; Select, for contracts or for discussion, a proposal other than that with the lowest cost; Independently verify any information provided in a proposal; Disqualify any proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s stateorprovince; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect;
Waive or modify any informalities, irregularities, or inconsistencies in the proposals received;
Clarify any part of a proposal and discuss any aspect of the proposal with any proposer; and negotiate with more than one proposer;
Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and
Award a contract to one or more proposers if it is in the best interest of Participating Entities.
E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell may reject proposals that are marked confidential or nonpublic, either substantially or in their entirety.
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Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition.
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11/2/2022
AddendumNo.1
SolicitationNumber:RFP120822
SolicitationName:RelocatableBuildingandStorageSolutionswithRelatedServices ConsiderthefollowingQuestionandAnswertobepartoftheabove-titledsolicitation documents.Theremainderofthedocumentsremainunchanged.
Question1:
Canyousendusacopyofthebidder's/RFPholder'slistforRFP120822-Relocatable BuildingandStorageSolutionswithRelatedServices?
Answer1:
A list of plan takers will not be provided as part of the solicitation process.A list of proposers will be posted after the close of the solicitation.
EndofAddendum
AcknowledgementofthisAddendumtoRFP120822postedtotheSourcewell ProcurementPortalon11/2/2022,isrequiredatthetimeofproposalsubmittal.
11/30/2022
AddendumNo.2
SolicitationNumber:RFP120822
SolicitationName:RelocatableBuildingandStorageSolutionswithRelatedServices ConsiderthefollowingQuestionsandAnswerstobepartoftheabove-titledsolicitation documents.Theremainderofthedocumentsremainunchanged.
Question1:
Table2referstofinancialsandcompetitivemarketshareinformation.Isitonlyusedfor theevaluationprocess,oristheinformationmadepublic?
Answer1:
Refer to RFP Section VI. E. –Disposition of Proposals related to the treatment of materials submitted in response to the RFP.
Question2:
AretheTerms,Conditions,andSpecificationsforTable15intheContractTemplate? Answer2:
To request a modification to the template Contract terms, conditions, or specifications, a Proposer may complete and submit the Exceptions to Terms, Conditions, or Specifications Form, which is found as the final Table of Step 1 –Specifications in the proposal submission process. The contract template will be completed and sent to each awarded vendor, with inclusion of any exceptions stated in the proposer’s Exceptions to Terms, Conditions, or Specifications Form that are acceptable to Sourcewell, at the time of award notification.
EndofAddendum
AcknowledgementofthisAddendumtoRFP120822postedtotheSourcewell ProcurementPortalon11/30/2022,isrequiredatthetimeofproposalsubmittal.
SOURCEWELL
STATE OF MINNESOTA
Member____________ moved the adoption of the following Resolution:
RESOLUTION TO APPROVE SOLICITATION AND/OR RE-SOLICITATION OF CATEGORIES 9/20/2022
Resolution No. 2022_25
WHEREAS, Sourcewell desires to issue a solicitation and is seeking permission from the Board to issue a solicitationfor the categories listed on Appendix A, which is attached and incorporated.
WHEREAS, through the Sourcewell Procurement Policy, the Board designated the Chief Procurement hŅŅźĭĻƩ Ʒƚ ğķƒźƓźƭƷĻƩ {ƚǒƩĭĻǞĻƌƌƭ ĭƚƚƦĻƩğƷźǝĻ purchasing and contracting program; and WHEREAS, the Chief Procurement Officer recommends approval of categories detailed above.
NOW THEREFORE BE IT RESOLVED that the Board of Directors hereby approves the solicitation of categories.
The motion for the adoption of the foregoing resolution was duly seconded by Member ______________ and the following voted in favor: (list names here)
and the following voted against: ΛƌźƭƷ ƓğƒĻƭ ŷĻƩĻ ƚƩ ͻbhb9ͼΜ whereupon said resolution was declared duly passed and adopted.
ATTEST:
_________________________________
Clerk to the Board of Directors
APPENDIX A
SOURCEWELL PROCUREMENT DEPARTMENT
BOARD ITEMS - September 2022BOARD ITEMS - September 2022 Requesting Board permission to Solicit the following categories:
Relocatable Buildings or Storage, with Related Accessories and ServicesRelocatable Buildings or Storage, with Related Accessories and Services Fuel Delivery with Related Services
Requesting Board permission to Re-Solicit the following categories:
Unified Communication and Contact Center Solutions
NEW CONTRACTS
Supplier NameContract NumberSolicitation Title
Snow and Ice Handling Equipment, Supplies, and Accessories Vohl inc.062222-VHL
Little Falls Machine062222-LFM Snow and Ice Handling Equipment, Supplies, and Accessories Kueper North America062222-KUE Snow and Ice Handling Equipment, Supplies, and Accessories Snow and Ice Handling Equipment, Supplies, and Accessories J.A. Larue062222-JAL
Fair Mfg.062222-FAM Snow and Ice Handling Equipment, Supplies, and Accessories Snow and Ice Handling Equipment, Supplies, and Accessories Bonnell Industries062222-BNL
Cives Corp. 062222-VCM Snow and Ice Handling Equipment, Supplies, and Accessories Snow and Ice Handling Equipment, Supplies, and Accessories Douglas Dynamics062222-DDY
Alamo Group (USA) Inc. 062222-AGI Snow and Ice Handling Equipment, Supplies, and Accessories Snow and Ice Handling Equipment, Supplies, and Accessories ASH North America dba Aebi Schmidt North America062222-AEB
CONTRACT EXTENSIONS
Supplier NameContract NumberSolicitation Title
Facility MRO (Maintenance, Repair & Operations), Industrial & Building Supplies with Related Equipment, Accessories, Supplies & Services
Motion Industries, Inc.121218-MII
NEW IDIQ CONTRACTS
Company NameContract NumberState - Region - Type of Work Alco Building SolutionsAZ-R1-E-082522-ABUArizona - Region 1 / Western Arizona - Electrical Diversified Maintenance Systems, Inc.AZ-R1-GC-082522-DIVArizona - Region 1 / Western Arizona - General Contracting Diamond Ridge DevelopmentAZ-R1-GC-082522-DRDArizona - Region 1 / Western Arizona - General Contracting Jim Brown and Sons Roofing Co. Inc.AZ-R1-GC-082522-JBSArizona - Region 1 / Western Arizona - General Contracting Loven Contracting, Inc.AZ-R1-GC-082522-LOVArizona - Region 1 / Western Arizona - General Contracting RYTAN ConstructionAZ-R1-GC-082522-RYTArizona - Region 1 / Western Arizona - General Contracting Interstate Mechanical CorporationAZ-R1-HVAC-082522-IMCArizona - Region 1 / Western Arizona - Mechanical/HVAC Pueblo Mechanical and Controls, LLCAZ-R1-HVAC-082522-PMEArizona - Region 1 / Western Arizona - Mechanical/HVAC Interstate Mechanical CorporationAZ-R1-PLUM-082522-IMCArizona - Region 1 / Western Arizona - Plumbing Pueblo Mechanical and Controls, LLCAZ-R1-PLUM-082522-PMEArizona - Region 1 / Western Arizona - Plumbing Jim Brown and Sons Roofing Co. Inc.AZ-R1-R-082522-JBSArizona - Region 1 / Western Arizona - Roofing Alco Building SolutionsAZ-R2-E-082522-ABUArizona - Region 2 / North Central Arizona - Electrical Diversified Maintenance Systems, Inc.AZ-R2-GC-082522-DIVArizona - Region 2 / North Central Arizona - General Contracting Diamond Ridge DevelopmentAZ-R2-GC-082522-DRDArizona - Region 2 / North Central Arizona - General Contracting Jim Brown and Sons Roofing Co. Inc.AZ-R2-GC-082522-JBSArizona - Region 2 / North Central Arizona - General Contracting Loven Contracting, Inc.AZ-R2-GC-082522-LOVArizona - Region 2 / North Central Arizona - General Contracting RYTAN ConstructionAZ-R2-GC-082522-RYTArizona - Region 2 / North Central Arizona - General Contracting Interstate Mechanical CorporationAZ-R2-HVAC-082522-IMCArizona - Region 2 / North Central Arizona - Mechanical/HVAC Pueblo Mechanical and Controls, LLCAZ-R2-HVAC-082522-PMEArizona - Region 2 / North Central Arizona - Mechanical/HVAC Interstate Mechanical CorporationAZ-R2-PLUM-082522-IMCArizona - Region 2 / North Central Arizona - Plumbing Pueblo Mechanical and Controls, LLCAZ-R2-PLUM-082522-PMEArizona - Region 2 / North Central Arizona - Plumbing Jim Brown and Sons Roofing Co. Inc.AZ-R2-R-082522-JBSArizona - Region 2 / North Central Arizona - Roofing Alco Building SolutionsAZ-R3-E-082522-ABUArizona - Region 3 / Central Arizona - Electrical AXIOS Builders LLCAZ-R3-GC-082522-AXIArizona - Region 3 / Central Arizona - General Contracting Diversified Maintenance Systems, Inc.AZ-R3-GC-082522-DIVArizona - Region 3 / Central Arizona - General Contracting
APPENDIX A Continued
Diamond Ridge DevelopmentAZ-R3-GC-082522-DRDArizona - Region 3 / Central Arizona - General Contracting Henderson Building Solutions, LLCAZ-R3-GC-082522-HBSArizona - Region 3 / Central Arizona - General Contracting Jim Brown and Sons Roofing Co. Inc.AZ-R3-GC-082522-JBSArizona - Region 3 / Central Arizona - General Contracting Loven Contracting, Inc.AZ-R3-GC-082522-LOVArizona - Region 3 / Central Arizona - General Contracting RYTAN ConstructionAZ-R3-GC-082522-RYTArizona - Region 3 / Central Arizona - General Contracting Interstate Mechanical CorporationAZ-R3-HVAC-082522-IMCArizona - Region 3 / Central Arizona - Mechanical/HVAC Pueblo Mechanical and Controls, LLCAZ-R3-HVAC-082522-PMEArizona - Region 3 / Central Arizona - Mechanical/HVAC Interstate Mechanical CorporationAZ-R3-PLUM-082522-IMCArizona - Region 3 / Central Arizona - Plumbing Pueblo Mechanical and Controls, LLCAZ-R3-PLUM-082522-PMEArizona - Region 3 / Central Arizona - Plumbing Jim Brown and Sons Roofing Co. Inc.AZ-R3-R-082522-JBSArizona - Region 3 / Central Arizona - Roofing Alco Building SolutionsAZ-R4-E-082522-ABUArizona - Region 4 / Sourthern Arizona - Electrical AXIOS Builders LLCAZ-R4-GC-082522-AXIArizona - Region 4 / Sourthern Arizona - General Contracting Diversified Maintenance Systems, Inc.AZ-R4-GC-082522-DIVArizona - Region 4 / Sourthern Arizona - General Contracting Henderson Building Solutions, LLCAZ-R4-GC-082522-HBSArizona - Region 4 / Sourthern Arizona - General Contracting Jim Brown and Sons Roofing Co. Inc.AZ-R4-GC-082522-JBSArizona - Region 4 / Sourthern Arizona - General Contracting Loven Contracting, Inc.AZ-R4-GC-082522-LOVArizona - Region 4 / Sourthern Arizona - General Contracting RYTAN ConstructionAZ-R4-GC-082522-RYTArizona - Region 4 / Sourthern Arizona - General Contracting Interstate Mechanical CorporationAZ-R4-HVAC-082522-IMCArizona - Region 4 / Sourthern Arizona - Mechanical/HVAC Pueblo Mechanical and Controls, LLCAZ-R4-HVAC-082522-PMEArizona - Region 4 / Sourthern Arizona - Mechanical/HVAC Interstate Mechanical CorporationAZ-R4-PLUM-082522-IMCArizona - Region 4 / Sourthern Arizona - Plumbing Pueblo Mechanical and Controls, LLCAZ-R4-PLUM-082522-PMEArizona - Region 4 / Sourthern Arizona - Plumbing Jim Brown and Sons Roofing Co. Inc.AZ-R4-R-082522-JBSArizona - Region 4 / Sourthern Arizona - Roofing Alco Building SolutionsAZ-R5-E-082522-ABUArizona - Region 5 / Eastern Arizona - Electrical Diversified Maintenance Systems, Inc.AZ-R5-GC-082522-DIVArizona - Region 5 / Eastern Arizona - General Contracting Henderson Building Solutions, LLCAZ-R5-GC-082522-HBSArizona - Region 5 / Eastern Arizona - General Contracting Jim Brown and Sons Roofing Co. Inc.AZ-R5-GC-082522-JBSArizona - Region 5 / Eastern Arizona - General Contracting Loven Contracting, Inc.AZ-R5-GC-082522-LOVArizona - Region 5 / Eastern Arizona - General Contracting RYTAN ConstructionAZ-R5-GC-082522-RYTArizona - Region 5 / Eastern Arizona - General Contracting Interstate Mechanical CorporationAZ-R5-HVAC-082522-IMCArizona - Region 5 / Eastern Arizona - Mechanical/HVAC Pueblo Mechanical and Controls, LLCAZ-R5-HVAC-082522-PMEArizona - Region 5 / Eastern Arizona - Mechanical/HVAC Dallago CorporationAZ-R5-HVAC-082522-DCOArizona - Region 5 / Eastern Arizona - Mechanical/HVAC Interstate Mechanical CorporationAZ-R5-PLUM-082522-IMCArizona - Region 5 / Eastern Arizona - Plumbing Pueblo Mechanical and Controls, LLCAZ-R5-PLUM-082522-PMEArizona - Region 5 / Eastern Arizona - Plumbing Dallago CorporationAZ-R5-PLUM-082522-DCOArizona - Region 5 / Eastern Arizona - Plumbing Jim Brown and Sons Roofing Co. Inc.AZ-R5-R-082522-JBSArizona - Region 5 / Eastern Arizona - Roofing Dallago CorporationAZ-R5-FLS-082522-DCOArizona - Region 5 / Eastern Arizona - Fire and Life Safety IDIQ Contract Extensions
Company NameContract Number
All Source Tile, Inc.
CA09-SDI-F02-080719-AST
All Source Coatings, Inc.CA09-SDI-P02-080719-ASC
Harry H. Joh Construction, Inc.CA08-SCI-P02-080719-HJC
Vincor Construction, Inc.CA09-SDI-GB02-080719-VCI
Angeles Contractor, Inc.CA08-SCI-F02-080719-ACI
LDCo., Inc.CA09-SDI-GB04-080719-LDC
Angeles Contractor, Inc.CA08-SCI-GB05-080719-ACI
Harry H. Joh Construction, Inc.CA08-SCI-GB04-080719-HJC Horizons Construction Co. Int'l, Inc CA08-SCI-GEP01-080719-HCC Angeles Contractor, Inc.CA09-SDI-GB06-080719-ACI
PUB Construction, Inc.CA08-SCI-GB01-080719-PUB
US National Corp dba Jimenez Painting Company CA09-SDI-P03-080719-USN Harry H. Joh Construction, Inc.CA09-SDI-GB05-080719-HJC Sylvester Roofing Co., Inc.CA09-SDI-R01-080719-SRC
Harry H. Joh Construction, Inc.CA08-SCI-E02-080719-HJC
Horizons Construction Co. Int'l, Inc CA08-SCI-DA01-080719-HCC PUB Construction, Inc.CA08-SCI-F01-080719-PUB
Horizons Construction Co. Int'l, Inc CA08-SCI-GB03-080719-HCC All Source Coatings, Inc.CA09-SDI-GB03-080719-ASC
Rite-Way Roof Corporation CA08-SCI-R01-080719-RWR
PUB Construction, Inc.CA08-SCI-P01-080719-PUB
Angeles Contractor, Inc.CA09-SDI-F03-080719-ACI
Sol Construction CA08-SCI-GEP02-080719-SOL
J & H Engineering General Contracts, Inc.CA08-SCI-GEP03-080719-JHE Facility Solutions Group CA08-SCI-E01-080719-FSG
Vincor Construction, Inc.CA08-SCI-GB02-080719-VCI
PRIDE Industries One, Inc.CA08-SCI-GB10-080719-PIO
PRIDE Industries One, Inc.CA03-NCV-M01-080719-PIO
APPENDIX A Continued
Ausonio, Inc.CA04-NCC-GB05-080719-AUS
PRIDE Industries One, Inc.CA04-NCC-GB03-080719-PIO
ACCO Engineered Systems, Inc.CA03-NCV-M02-080719-AES
Mark Scott Construction CA04-NCC-GB02-080719-MSC
PRIDE Industries One, Inc.CA04-NCC-GEP01-080719-PIO
PRIDE Industries One, Inc.CA03-NCV-E01-080719-PIO
American Chiller Service, Inc CA03-NCV-M03-080719-ACH
PRIDE Industries One, Inc.CA03-NCV-GB03-080719-PIO
PRIDE Industries One, Inc.CA03-NCV-GEP01-080719-PIO
PRIDE Industries One, Inc.CA04-NCC-E02-080719-PIO
Aztec Consultants CA04-NCC-GB04-080719-AZC
Staples Construction Company CA03-NCV-GB04-080719-STA
PUB Construction, Inc.CA09-SDI-GB01-080719-PUB
PUB Construction, Inc.CA09-SDI-F01-080719-PUB
PUB Construction, Inc.CA09-SDI-P01-080719-PUB
SOURCEWELL
STATE OF MINNESOTA
Member____________ moved the adoption of the following Resolution:
RESOLUTION TO APPROVE SOLICITATION AND/OR RE-SOLICITATION OF CATEGORIES 3/21/2023
Resolution No. 2023.07
WHEREAS, Sourcewell desires to issue a solicitation, and is seeking permission from the Board to issue a solicitation,for the categories listed on Appendix A, which is attached and incorporated.
WHEREAS, through theSourcewell Procurement Policy, the Board designated the Chief Procurement hŅŅźĭĻƩ Ʒƚ ğķƒźƓźƭƷĻƩ {ƚǒƩĭĻǞĻƌƌƭ ĭƚƚƦĻƩğƷźǝĻ purchasing and contracting program; and WHEREAS, the Chief Procurement Officer recommends approval of categories detailed above.
NOWTHEREFORE BE IT RESOLVED that the Board of Directors hereby approves the solicitation of categories.
The motion for the adoption of the foregoing resolution was duly seconded by Member ______________ and the following voted in favor: (list names here)
and the following voted against: ΛƌźƭƷ ƓğƒĻƭ ŷĻƩĻ ƚƩ ͻbhb9ͼΜ whereupon said resolution was declared duly passed and adopted.
ATTEST:
_________________________________
Clerk to the Board of Directors
APPENDIXA
SOURCEWELLPROCUREMENTDEPARTMENT
BOARDBOARDITEMSITEMSMarchMarch20220233
RequestingBoardpermissiontoSolicitthefollowingcategories:
None
RequestingBoardpermissiontoReSolicitthefollowingcategories:
FlooringMaterialswithRelatedSuppliesandServices
NEWCONTRACTS
SupplierNameContractNumberSolicitationTitle
"Relocatable"RelocatableBuildingBuildingandandStorageStorageSolutionsSolutionswithwithRelatedRelatedServicesServices"" BOXXBOXXModular,Modular,Inc.Inc.120822120822BXBXXX
McGrathMcGrathRentCorpRentCorpRentCorpdbadbaMobileMobileModularModularManagementManagement120822120822MMMMRR"Relocatable"RelocatableBuildingBuildingBuildingandandStorageStorageStorageSolutionsSolutio nswithwithRelatedRelatedServicesServices""
TriumphTriumphModular,Modular,Inc.120822Inc.120822Inc.120822TRMTRM"Relocatable"RelocatableBuildingBuildingandandStorageStorageSolutionsSolutionswithwithRelatedRelatedServicesServices""
Avaya,Inc.120122AVY"UnifiedCommunicationandContactCenterSolutions" 120122NEW
GioiaP.AmbrettedbaNewcastleCommunications"UnifiedCommunicationandContactCenterSolutions" MitelBusinessSolutions,Inc.120122MBS"UnifiedCommunicationandContactCenterSolutions" 120122PSO"UnifiedCommunicationandContactCenterSolutions" PresidioNetworkedSolutions
RingCentral,Inc.120122RNG"UnifiedCommunicationandContactCenterSolutions"
CONTRACTEXTENSIONS
SupplierNameContractNumberSolicitationTitle
KruegerInternational,Inc.121919KII"FurnitureSolutionswithRelatedAccessoriesandServices" "AthleticandPhysicalEducationEquipmentandSupplieswith
Flaghouse,Inc.071819FLG RelatedAccessories"
"AthleticandPhysicalEducationEquipmentandSupplieswith
LitaniaSports/PorterAthletic/GillAthletics071819PTA RelatedAccessories" "AthleticandPhysicalEducationEquipmentandSupplieswith
ProphetCorp./GopherSport071819PRO RelatedAccessories"
"AthleticandPhysicalEducationEquipmentand
Supplieswith
SchoolHealthPhysicalEducation071819PAL RelatedAccessories" "PreEngineeredBuildingswithRelatedMaterials,SitePrepartion, NucorBuildingsGroup013019NUC InstallationandAncillaryServices" "PortableConstructionEquipmentwithRelatedAccessoriesand ClarkEquipment/Bobcat/Doosan041719CEC Attachments"
NEWIDIQCONTRACTS
None
IDIQContractExtensions
CompanyNameContractNumber
None
COMMENT AND REVIEW
to the
REQUEST FOR PROPOSAL (RFP) #120822
Entitled
Relocatable Building and Storage Solutions with Related Services
The following advertisement was placed October 20, 2022 in USA Today Ͳ źƓ {ƚǒƷŷ /ğƩƚƌźƓğƭ The State, and on the Sourcewell website www.sourcewell-mn.gov , Sourcewell Procurement Portal https://proportal.sourcewell- mn.gov, Biddingo, Merx, The New York State Contract Reporter www.nyscr.ny.gov , PublicPurchase.com, October ЋЊͲ ЋЉЋЋ źƓ hƩĻŭƚƓƭ Daily Journal of Commerce, and on October 21 and October 28, 2022 in The Oklahoman:
Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Relocatable Building and Storage Solutions with Related Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal \[ https://proportal.sourcewell- mn.gov\]. Only proposals submitted through the Sourcewell Procurement Portal will be considered.
Proposals are due no later than December 8, 2022, at 4:30 p.m. Central Time, and late proposals will not be considered.
The solicitation process was conducted through the Sourcewell Procurement Portal. The following parties expressed interest in the solicitation by registering for this opportunity within the portal:
1290185 B.C. Ltd dba Spare Room Co Self Storage Modern Building Systems Inc. 507819 N.W.T Ltd Modular design and Construction
7367555 Manitoba Ltd. Modular Genius, Inc.
BOXX Modular, Inc. (BOXX Modular Inc) NWT & Nunavut Construction Association CanStore Rentals Ltd. Panel Built, Inc.
CFT Storage Inc PWXPress
ConstructConnect Regina Construction Association
Continest LLC Sira Consulting Inc
DELIVERY PULLMAN LLC Sled Consulting, LLC
Eisan Enterprises Ltd O/A Porto Bello Jobber Southwest Mobile Storage, Inc.
JRET CO. CORPORATION Triumph Modular, Inc.
Miller Buildings, Inc WillScot
Sourcewell Page 2 of 4
Mobile Modular Management Corp (McGrath RentCorp)
All Proposals remained sealed within the Sourcewell Procurement Portal until the scheduled due date and time. Proposals were electronically opened, and the list of all Proposers was made publicly available on the Sourcewell Procurement Portal, on December 8, 2022, at 4:32:59 pm CT. Proposals were received from the following:
1290185 B.C. Ltd. dba Spare Room Co. Self Storage
BOXX Modular (BOXX Modular Inc)
Continest LLC
Mobile Modular Management Corp. (McGrath RentCorp)
Modern Building Systems, Inc.
Triumph Modular, Inc.
Proposals were reviewed by the Proposal Evaluation Committee:
Kim Austin, MBA, CPPB, Procurement Lead Analyst
Michael Muñoz, CPPB, Procurement Analyst
Beverly Hoemberg, Procurement Analyst
Craig West, Procurement Analyst
The findings of the Proposal Evaluation Committee are summarized as follows:
The Proposal Evaluation Committee applied the Sourcewell RFP evaluation criteria and determined that all proposal responses met the scope and mandatory submittal requirements and were evaluated.
BOXX Modular Inc dba BOXX Modular, is providing a wide array of relocatable modular buildings for office, classroom, and specialty use. This turnkey product offering is available to Sourcewell participating entities across the United States and Canada by BOXX Modular employees that provide everything from initial design work and custom designs to installation and post-installation requirements. All products and services are being provided at competitive, discounted rates off MSRP and are available as an operating lease with flexible terms, lease-to-own, or an outright purchase.
McGrath RentCorp dba Mobile Modular Management Corp provides custom prefabricated buildings for commercial and education solutions in the United States such as mobile offices, portable classrooms, restrooms, kitchen trailers and more. They lease, sell, install, and construct a complete turnkey modular project including utilities and site development. Mobile Modular offers a 360 3D Building Visualizer tool to help design a custom floorplan. Sourcewell participating entities will receive a percentage discount off standard pricing.
Triumph Modular, Inc. is a provider of mobile offices, pre-designed or custom modular buildings, and portable storage solutions. These products are being provided as a rental, lease, or unit purchase, all with turn-key solutions including design work, pre-construction and construction management within Massachusetts, New Hampshire, Connecticut, Maine, Rhode Island, Vermont, Pennsylvania, Ohio, and West Virginia. They maintain several Leadership in Energy & Environmental Design (LEED) Accredited Professionals Ʒƚ ƦƩƚǝźķĻ ŭƩĻĻƓ ĬǒźƌķźƓŭ ķĻƭźŭƓƭ ğƓķ ƭĻƩǝźĭĻƭ͵ {ƚǒƩĭĻǞĻƌƌs participating entities will have access to products and services offered on contract at better pricing than typically offered to cooperative procurement organizations, or state purchasing departments.
Sourcewell Page 3 of 4
For these reasons, the Sourcewell Proposal Evaluation Committee recommends award of Sourcewell Contract #120822 to:
BOXX Modular #120822-BXX
Mobile Modular Management Corp #120822-MMR
Triumph Modular #120822-TRM
The preceding recommendations were approved on February 22, 2023.
__________________________________________
Kim Austin, MBA, CPPB, Procurement Lead Analyst
_______________________________________
Michael Muñoz, CPPB, Procurement Analyst
_______________________________________
Beverly Hoemberg, Procurement Analyst
_______________________________________
Craig West, Procurement Analyst
Sourcewell Page 4 of 4
STATEMENT OF COMPLIANCE
As Chief Procurement Officer for Sourcewell, I have reviewed the recommendation of the Evaluation Committee and the accompanying support materials documenting the process followed for RFP #120822 for Relocatable Building and Storage Solutions with Related Services.
The committee accepted, deemed responsive, evaluated, and recommended proposals for award. Under authority ŭƩğƓƷĻķ Ʒƚ ƷŷĻ /ŷźĻŅ tƩƚĭǒƩĻƒĻƓƷ hŅŅźĭĻƩ źƓ {ƚǒƩĭĻǞĻƌƌƭ ĬǤƌğǞƭͲ ƷŷĻ ƩĻĭƚƒƒĻƓķğƷźƚƓƭ ƭĻƷ ŅƚƩƷŷ ğĬƚǝĻ ğƩĻ approved.
I hereby certify:
1. Sourcewell is a government agency, created and authorized by Minnesota law to provide cooperative procurement contracts.
2. The procurement process and resulting contracts have been awarded in compliance with the laws of the State of Minnesota (Minnesota Statutes Chapter 471 and Minnesota Statutes Section 123A.21), and in conformity to {ƚǒƩĭĻǞĻƌƌƭ tƩƚĭǒƩĻƒĻƓƷ tƚƌźĭǤ͵
Jeremy Schwartz, CSSBB, CPPO, NIGP-CPP
Chief Procurement Officer
ProposalOpeningRecord
Dateofopening:December8,2022
SourcewellpostedRequestforProposal#120822,fortheprocurementofRelocatableBuildingandStorage SolutionswithRelatedServices,ontheSourcewellProcurementPortal\[proportal.sourcewellmn.gov\]on Thursday,October20,2022,andthesolicitationremainedinanopenstatuswithintheportaluntilDecember8, 2022,at4:30pmCT.TheRFPrequiredthatallproposalsbesubmittedthroughtheSourcewellProcurement Portalnolaterthan4:30pmCTonDecember8,2022,thedateandtimespecifiedintheSolicitationSchedule.
TheundersignedcertifythatallresponsesreceivedonRequestforProposal#120822weresubmittedthrough theSourcewellProcurementPortal,andthateachtƩƚƦƚƭĻƩƭresponsematerialwasdigitallysealedupon submissionandremainedinaccessibleuntiltheduedateandtimespecifiedintheSolicitationSchedule.
Responseswerereceivedfromthefollowing:
1290185B.C.Ltd.dbaSpareRoomCo.SelfStorageSubmitted12/08/22at3:25:12PM BOXXModular,Inc.(BlackDiamondGroup)Submitted12/07/22at12:51:04PM Continest,LLCSubmitted12/07/22at11:40:42PM
MobileModularManagementCorp.(McGrathRentCorp)Submitted12/08/22at2:55:29PM ModernBuildingSystems,Inc.Submitted12/07/22at12:14:46PM TheProposalswereopenedelectronically,andalistofallProposerswasmadepubliclyavailableinthe SourcewellProcurementPortal,onDecember8,2022,at4:32:59PMCT.Allresponsiveproposalswerethen submittedforreviewbytheSourcewellEvaluationCommittee.
____________________________________
______________________________
GregGrunig,MS,ProcurementLeadAnalystCarolJackson,ProcurementAnalyst
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120822 - Relocatable Building and Storage Solutions with...
Notice
Basic Information
Estimated Contract Value (CAD)$80,000,000.00 (Not shown to suppliers) Reference Number0000234547
Issuing OrganizationSourcewell
Owner Organization
Solicitation TypeRFP - Request for Proposal (Formal)
Solicitation Number120822
TitleRelocatable Building and Storage Solutions with Related Services Source IDPP.CO.USA.868485.C88455
Details
LocationAll of Canada, All of Canada
Purchase TypeDuration:4 years
DescriptionSourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Relocatable Building and Storage Solutions with Related Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal \[ https://proportal.sourcewell-mn.gov\ ]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than December 8, 2022, at 4:30 p.m.
Central Time, and late proposals will not be considered.
Dates
Publication2022/10/20 09:08:21 AM EDT
Question Acceptance Deadline2022/11/30 05:30:00 PM EST
Questions are submitted onlineNo
Bid IntentNot Available
Closing Date2022/12/08 05:30:00 PM EST
Prebid Conference2022/11/16 01:00:00 AM EST
Contact Information
Procurement Department
218-894-1930
[email protected]
Pre-Bidding Events
Event TypePrebid Conference
AttendanceRecommended
Event date2022/11/16 01:00:00 AM EST
LocationOnline Conference
Event NoteLogin information will be emailed two business days prior to the event.
Bid Submission Process
Bid Submission TypeElectronic Bid Submission
PricingIn attached document
PricingIn attached document
Bid Documents List
Item NameDescriptionMandatory
Bid DocumentsDocuments defining the proposalYes
2022/10/20 09:08:31 AM EDTPage 1 of2
120822 - Relocatable Building and Storage Solutions with...
Categories
Selected Categories
GSIN Category (1)
GGoods
Goods
N54Prefabricated Structures And Scaffolding
Prefabricated Structures And Scaffolding
N5410PREFABRICATED AND PORTABLE BUILDINGS
Prefabricated and Portable Building NOTE: This class includes air supported structures and those buildings which are prefabricated, transported and erected or assembled on site. Includes Prefabricated panels and refrigerated storage shelters.
MERX Category (1)
GGoods
Goods
G25Prefabricated Structures
Prefabricated Structures
UNSPSC Category (1)
30000000Structures and Building and Construction and Manufacturing Components and Supplies 30230000Portable Structures
30231600Portable Prefabricated commercial and industrial structures 2022/10/20 09:08:31 AM EDTPage 2 of2
120822-MMR
Solicitation Number: 120822
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and McGrath RentCorp dba Mobile Modular Management Corp., 5700 Las Positas Road, Livermore, CA 94551-7806 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Relocatable Building and Storage Solutions with Related Services from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to {ƚǒƩĭĻǞĻƌƌ ğƓķ ƷŷĻ ĻƓƷźƷźĻƭ ƷŷğƷ ğĭĭĻƭƭ {ƚǒƩĭĻǞĻƌƌƭ ĭƚƚƦĻƩğƷźǝĻ ƦǒƩĭŷğƭźƓŭ ĭƚƓƷƩğĭƷƭ (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires February 24, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
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{ǒƦƦƌźĻƩƭ 9ƨǒźƦƒĻƓƷͲ tƩƚķǒĭƷƭͲ ƚƩ {ĻƩǝźĭĻƭ tƩƚƦƚƭğƌ ΛtƩƚƦƚƭğƌΜ źƭ ğƷƷğĭŷĻķ ğƓķ źƓĭƚƩƦƚƩğƷĻķ into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated źƓ {ǒƦƦƌźĻƩƭ ƦƩƚķǒĭƷ ğƓķ ƦƩźĭźƓŭ ƌźƭƷ͵
ƓƌĻƭƭ ğŭƩĻĻķ to by the Participating Entities in advance, Equipment or Products must be delivered as operatźƚƓğƌ Ʒƚ ƷŷĻ tğƩƷźĭźƦğƷźƓŭ 9ƓƷźƷǤƭ ƭźƷĻ͵
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will ƦĻƩŅƚƩƒ źƓ ğĭĭƚƩķğƓĭĻ ǞźƷŷ ƷŷĻ ƚƩķźƓğƩǤ ǒƭĻ ŅƚƩ Ǟŷźĭŷ ƷŷĻǤ ğƩĻ źƓƷĻƓķĻķ͵ {ǒƦƦƌźĻƩƭ ķĻğƌĻƩƭ and distributors must agree to assist the Participating Entity in reaching a resolution in any ķźƭƦǒƷĻ ƚǝĻƩ ǞğƩƩğƓƷǤ ƷĻƩƒƭ ǞźƷŷ ƷŷĻ ƒğƓǒŅğĭƷǒƩĻƩ͵ !ƓǤ ƒğƓǒŅğĭƷǒƩĻƩƭ ǞğƩƩğƓƷǤ ƷŷğƷ ĻǣƷĻƓķƭ ĬĻǤƚƓķ ƷŷĻ ĻǣƦźƩğƷźƚƓ ƚŅ ƷŷĻ {ǒƦƦƌźĻƩƭ ǞğƩƩğƓƷǤ Ǟźll be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or ğǒƷŷĻƓƷźĭğƷĻ {ǒƦƦƌźĻƩƭ ğǒƷŷƚƩźǩĻķ ķĻğƌĻƩƭͲ ķźƭƷƩźĬǒƷƚƩƭͲ ƚƩ ƩĻƭĻƌƌĻƩƭ ƩĻƌğƷźǝĻ Ʒƚ ƷŷĻ 9ƨǒźƦƒĻƓƷͲ Products, and Services offered under this Contract, which will be incorporated into this /ƚƓƷƩğĭƷ ĬǤ ƩĻŅĻƩĻƓĭĻ͵ LƷ źƭ ƷŷĻ {ǒƦƦƌźĻƩƭ ƩĻƭƦonsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price ƭƷğƷĻķ źƓ {ǒƦƦƌźĻƩƭ tƩƚƦƚƭğƌ͵
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a tğƩƷźĭźƦğƷźƓŭ 9ƓƷźƷǤƭ ƷƚƷğƌ ĭƚƭƷ of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating EnƷźƷǤƭ ƩĻƨǒĻƭƷĻķ ķĻƌźǝĻƩǤ ƌƚĭğƷźƚƓ͵
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be Rev. 3/2022 2
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
Identify the applicable Sourcewell contract number;
Clearly specify the requested change;
Provide sufficient detail to justify the requested change; Rev. 3/2022 3
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Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. t!wL/Lt!Lhb͵ {ƚǒƩĭĻǞĻƌƌƭ ĭƚƚƦĻƩğƷźǝĻ ĭƚƓƷƩğcts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally ğĭĭĻƭƭ ƷŷĻ 9ƨǒźƦƒĻƓƷͲ tƩƚķǒĭƷƭͲ ƚƩ {ĻƩǝźĭĻƭ ǒƓķĻƩ Ʒŷźƭ /ƚƓƷƩğĭƷ͵ ! tğƩƷźĭźƦğƷźƓŭ 9ƓƷźƷǤƭ authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating 9ƓƷźƷǤƭ ǒƭĻ ƚŅ Ʒŷźƭ /ƚƓƷƩğĭƷ źƭ ğƷ ƷŷĻ tğƩƷźĭźƦğƷźƓŭ 9ƓƷźƷǤƭ ƭƚle convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. t
.\[L/ C!/L\[LL9{͵ {ǒƦƦƌźĻƩƭ ĻƒƦƌƚǤĻĻƭ ƒğǤ ĬĻ ƩĻƨǒźƩĻķ Ʒƚ ƦĻƩŅƚƩƒ ǞƚƩƉ ğƷ ŭƚǝĻƩƓƒĻƓƷΏ ƚǞƓĻķ ŅğĭźƌźƷźĻƭͲ źƓĭƌǒķźƓŭ ƭĭŷƚƚƌƭ͵ {ǒƦƦƌźĻƩƭ employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell Rev. 3/2022 4
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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
{ǒƦƦƌźĻƩƭ ğĭĭĻƦƷğĬƌĻ ŅƚƩƒƭ ƚŅ ƦğǤƒĻƓƷ ğƩĻ źƓĭƌǒķĻķ źƓ źƷƭ ğƷƷğĭŷĻķ tƩƚƦƚƭğƌ͵ tğƩƷźĭźƦğƷźƓŭ Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the tğƩƷźĭźƦğƷźƓŭ 9ƓƷźƷǤƭ ƩĻƨǒźƩĻƒĻƓƷƭ͵
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a tğƩƷźĭźƦğƷźƓŭ 9ƓƷźƷǤƭ ƚƩķĻƩ Ǟźƌƌ ĬĻ ķĻƷĻƩƒźƓĻķ ĬǤ the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
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Maintenance and management of this Contract;
Timely response to all Sourcewell and Participating Entity inquiries; and Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
Participating Entity Name (e.g., City of Staples Highway Department); Participating Entity Physical Street Address;
Participating Entity City;
Participating Entity State/Province;
Participating Entity Zip/Postal Code;
Participating Entity Contact Name;
Participating Entity Contact Email Address;
Participating Entity Contact Telephone Number;
Sourcewell Assigned Entity/Participating Entity Number; Item Purchased Description;
Item Purchased Price;
Sourcewell Administrative Fee Applied; and
Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
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by Participating Entities under this Contract during each calendar quarter. Payments should ƓƚƷĻ ƷŷĻ {ǒƦƦƌźĻƩƭ ƓğƒĻ ğƓķ {ƚǒƩĭĻǞĻƌƌΏğƭƭźŭƓĻķ ĭƚƓƷƩğĭƷ ƓǒƒĬĻƩ źƓ ƷŷĻ ƒĻƒƚͳ ğƓķ ƒǒƭƷ ĬĻ ƒğźƌĻķ Ʒƚ ƷŷĻ ğķķƩĻƭƭ ğĬƚǝĻ ͻ!ƷƷƓʹ !ĭĭƚǒƓƷƭ wĻĭĻźǝğĬƌĻͼ ƚƩ ƩĻƒźƷƷĻķ ĻƌĻĭƷƩƚƓźĭğƌƌǤ Ʒƚ {ƚǒƩĭĻǞĻƌƌƭ ĬğƓƉźƓŭ źƓƭƷźƷǒƷźƚƓ ƦĻƩ {ƚǒƩĭĻǞĻƌƌƭ Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the /ƚƓƷƩğĭƷƭ ĻǣƦźƩğƷźƚƓ ķğƷĻͲ ƷŷĻ ğķƒźƓźƭƷƩğƷźǝĻ fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
{ǒƦƦƌźĻƩƭ !ǒƷŷƚƩźǩĻķ wĻƦƩĻƭĻƓƷğƷźǝĻ źƭ ƷŷĻ ƦĻƩƭƚƓ ƓğƒĻķ źƓ ƷŷĻ {ǒƦƦƌźĻƩƭ tƩƚƦƚƭğƌ͵ LŅ {ǒƦƦƌźĻƩƭ !ǒƷŷƚƩźǩĻķ wĻƦƩĻƭĻƓƷğƷźǝĻ ĭŷğƓŭĻƭ ğƷ ğƓǤ ƷźƒĻ ķǒƩźƓŭ Ʒŷźƭ /ƚƓƷƩğĭƷͲ {ǒƦƦƌźĻƩ ƒǒƭƷ promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any third party claims or causes of action, źƓĭƌǒķźƓŭ ğƷƷƚƩƓĻǤƭ ŅĻĻƭ źƓĭǒƩƩĻķ ĬǤ {ƚǒƩĭĻǞĻƌƌ or its Participating Entities, to the extent caused by the negligence or willful misconduct of Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to źƷƭ ƭƦĻĭźŅźĭğƷźƚƓƭ͵ {ƚǒƩĭĻǞĻƌƌƭ ƩĻƭƦƚƓƭźĬźƌźƷǤ Ǟźƌƌ ĬĻ ŭƚǝĻƩƓĻķ ĬǤ ƷŷĻ {ƷğƷĻ ƚŅ aźƓƓĻƭƚƷğƭ ƚƩƷ \[źğĬźƌźƷǤ !ĭƷ ΛaźƓƓĻƭƚƷğ Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and ƦƩƚƒƚƷźƚƓğƌ ƒğƷĻƩźğƌƭ ŅƚƩ ƷŷĻ ƦǒƩƦƚƭĻ ƚŅ ƒğƩƉĻƷźƓŭ {ƚǒƩĭĻǞĻƌƌƭ ƩĻƌğƷźƚƓƭŷźƦ ǞźƷŷ Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and ƌźĭĻƓƭĻ Ʒƚ ǒƭĻ {ǒƦƦƌźĻƩƭ ƷƩğķĻƒğƩƉƭ źƓ ğķvertising and promotional materials for the ƦǒƩƦƚƭĻ ƚŅ ƒğƩƉĻƷźƓŭ {ǒƦƦƌźĻƩƭ ƩĻƌğƷźƚƓƭŷźƦ ǞźƷŷ {ƚǒƩĭĻǞĻƌƌ͵
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, Rev. 3/2022 8
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resellers, marketing representatives, and agents ΛĭƚƌƌĻĭƷźǝĻƌǤ ͻtĻƩƒźƷƷĻķ {ǒĬƌźĭĻƓƭĻĻƭͼΜ źƓ advertising and promotional materials for the purƦƚƭĻ ƚŅ ƒğƩƉĻƷźƓŭ ƷŷĻ tğƩƷźĻƭ ƩĻƌğƷźƚƓƭŷźƦ to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. bĻźƷŷĻƩ ƦğƩƷǤ ƒğǤ ğƌƷĻƩ ƷŷĻ ƚƷŷĻƩ ƦğƩƷǤƭ ƷƩğķĻƒğƩƉƭ ŅƩƚƒ ƷŷĻ ŅƚƩƒ ƦƩƚǝźķĻķ and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the ƚƷŷĻƩ ƦğƩƷǤƭ ƷƩğķĻƒğƩƉƭ ƚƓƌǤ źƓ ŭƚƚķ ŅğźƷŷ ğƓķ źƓ ğ ķźŭƓźŅźĻķ ƒğƓƓĻƩ ĭƚƓƭźƭƷĻƓƷ ǞźƷŷ ƭǒĭŷ ƦğƩƷǤƭ ǒƭĻ ƚŅ ƷŷĻ ƷƩğķĻƒğƩƉƭ͵
ƦƚƓ ǞƩźƷƷĻƓ ƓƚƷźĭĻ Ʒƚ ƷŷĻ ĬƩĻğĭŷźƓŭ ƦğƩƷǤͲ ƷŷĻ
breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, ğƓķ ƷŷĻ ƌźƉĻ ĬĻğƩźƓŭ ƷŷĻ ƚƷŷĻƩ ƦğƩƷǤƭ ƓğƒĻ ƚƩ ƌƚŭƚ ΛĻǣĭĻƦƷźƓŭ {ƚǒƩĭĻǞĻƌƌƭ ƦƩĻΏƦƩźƓƷĻķ catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose ƚŅ źƷ ğĭĭƚƩķźƓŭ Ʒƚ {ƚǒƩĭĻǞĻƌƌƭ ǞƩźƷƷĻƓ ķźƩĻĭƷźƚƓƭ͵
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
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15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God ƚƩ ƚƷŷĻƩ ĭƚƓķźƷźƚƓƭ ƷŷğƷ ğƩĻ ĬĻǤƚƓķ ƷŷğƷ ƦğƩƷǤƭ ƩĻğƭƚƓğĬƌĻ ĭƚƓƷƩƚƌ͵ ! ƦğƩƷǤ ķĻŅğǒƌƷźƓŭ ǒƓķĻƩ this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for direct and actual damages. If the default remains after the opportunity for cure, the non-defaulting party may:
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Exercise any remedy provided by law or equity, or
Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or ğǒƷŷƚƩźǩĻķ Ʒƚ ķƚ ĬǒƭźƓĻƭƭ źƓ ƷŷĻ {ƷğƷĻ ƚŅ aźƓƓĻƭƚƷğ ŷğǝźƓŭ ğƓ ͻ!a .9{ͼ ƩğƷźƓŭ ƚŅ !Ώ ƚƩ ĬĻƷƷĻƩͲ with coverage and limits of insurance not less than the following:
1. ƚƩƉĻƩƭ /ƚƒƦĻƓƭğƷźƚƓ ğƓķ 9ƒƦƌƚǤĻƩƭ \[źğĬźƌźƷǤ͵
ƚƩƉĻƩƭ /ƚƒƦĻƓƭğƷźƚƓʹ !ƭ ƩĻƨǒźƩĻķ ĬǤ ğƓǤ ğƦƦƌźĭğĬƌĻ ƌğǞ ƚƩ ƩĻŭǒƌğƷźƚƓ͵ Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ΛͻL{hͼΜ /ƚƒƒĻƩĭźğƌ DĻƓĻƩğƌ \[źğĬźƌźƷǤ CƚƩƒ CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
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4. Umbrella Insurance. During the term of this Contract, Supplier will maintain ǒƒĬƩĻƌƌğ ĭƚǝĻƩğŭĻ ƚǝĻƩ 9ƒƦƌƚǤĻƩƭ \[źğĬźƌźƷǤͲ /ƚƒƒĻƩĭźğƌ DĻƓĻƩğƌ \[źğĬźƌźƷǤͲ ğƓķ Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims whźĭŷ ƒğǤ ğƩźƭĻ ŅƩƚƒ ŅğźƌǒƩĻ ƚŅ {ǒƦƦƌźĻƩƭ security resulting in, but not limited to, computer attacks, unauthorized access, ķźƭĭƌƚƭǒƩĻ ƚŅ ƓƚƷ ƦǒĬƌźĭ ķğƷğ Α źƓĭƌǒķźƓŭ but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including ƷŷĻźƩ ƚŅŅźĭĻƩƭͲ ğŭĻƓƷƭͲ ğƓķ ĻƒƦƌƚǤĻĻƭͲ ğƭ ğƓ ğķķźƷźƚƓğƌ źƓƭǒƩĻķ ǒƓķĻƩ ƷŷĻ {ǒƦƦƌźĻƩƭ ĭƚƒƒĻƩĭźğƌ general liability insurance policy with respect to liğĬźƌźƷǤ ğƩźƭźƓŭ ƚǒƷ ƚŅ ğĭƷźǝźƷźĻƭͲ ͻƚƦĻƩğƷźƚƓƭͲͼ ƚƩ ͻǞƚƩƉͼ ƦĻƩŅƚƩƒĻķ ĬǤ ƚƩ ƚƓ ĬĻŷğƌŅ ƚŅ {ǒƦƦƌźĻƩͲ ğƓķ ƦƩƚķǒĭƷƭ ğƓķ ĭƚƒƦƌĻƷĻķ ƚƦĻƩğƷźƚƓƭ ƚŅ Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
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insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional Rev. 3/2022 13
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requirements based on specific funding source terms or conditions. Within this Article, all ƩĻŅĻƩĻƓĭĻƭ Ʒƚ ͻŅĻķĻƩğƌͼ ƭŷƚǒƌķ ĬĻ źƓƷĻƩƦƩĻƷĻķ Ʒƚ ƒĻğƓ ƷŷĻ ƓźƷĻķ {ƷğƷĻƭ ŅĻķĻƩğƌ ŭƚǝĻƩƓƒĻƓƷ͵
The following list only applies when a ParticźƦğƷźƓŭ 9ƓƷźƷǤ ğĭĭĻƭƭĻƭ {ǒƦƦƌźĻƩƭ 9ƨǒźƦƒĻƓƷͲ Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all ĭƚƓƷƩğĭƷƭ ƷŷğƷ ƒĻĻƷ ƷŷĻ ķĻŅźƓźƷźƚƓ ƚŅ ͻŅĻķĻƩğƌƌǤ ğƭƭźƭƷĻķ ĭƚƓƭƷƩǒĭƷźƚƓ ĭƚƓƷƩğĭƷͼ źƓ ЍЊ /͵C͵w͵ ή ЏЉΏ
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in ğĭĭƚƩķğƓĭĻ ǞźƷŷ 9ǣĻĭǒƷźǝĻ hƩķĻƩ ЊЊЋЍЏͲ ͻ9ƨǒğƌ 9ƒƦƌƚǤƒĻƓƷ hƦƦƚƩƷǒƓźƷǤͼ ΛЌЉ Cw ЊЋЌЊВͲ ЊЋВЌЎͲ Ќ /͵C͵w͵ ήͲ ЊВЏЍΏЊВЏЎ /ƚƒƦ͵Ͳ Ʀ͵ ЌЌВΜͲ ğƭ ğƒĻƓķĻķ ĬǤ 9ǣĻĭǒƷźǝĻ hƩķĻƩ ЊЊЌАЎͲ ͻ!ƒĻƓķźƓŭ 9ǣĻĭǒƷźǝĻ hƩķĻƩ ЊЊЋЍЏ wĻƌğƷźƓŭ Ʒƚ 9ƨǒğƌ 9ƒƦƌƚǤƒĻƓƷ hƦƦƚƩƷǒƓźƷǤͲͼ ğƓķ źƒƦƌĻƒĻƓƷźƓŭ ƩĻŭǒƌğƷźƚƓƭ ğƷ ЍЊ /͵C͵w͵ ή ЏЉͲ ͻhŅŅźĭĻ ƚŅ Federal Contract Compliance Programs, Equal 9ƒƦƌƚǤƒĻƓƷ hƦƦƚƩƷǒƓźƷǤͲ 5ĻƦğƩƷƒĻƓƷ ƚŅ \[ğĬƚƩ͵ͼ ŷĻ Ļƨǒğƌ ƚƦƦƚƩƷǒƓźƷǤ ĭƌğǒƭĻ źƭ źƓĭƚƩƦƚƩğƷĻķ herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, ͻ\[ğĬƚƩ {ƷğƓķğƩķƭ tƩƚǝźƭźƚƓƭ !ƦƦƌźĭğĬƌĻ Ʒƚ /ƚƓƷƩğĭƷƭ /ƚǝĻƩźƓŭ CĻķĻƩğƌƌǤ CźƓğƓĭĻķ ğƓķ !ƭƭźƭƷĻķ /ƚƓƭƷƩǒĭƷźƚƓͼΜ͵ LƓ ğĭĭƚƩķğƓĭĻ ǞźƷŷ ƷŷĻ ƭƷğƷǒƷĻͲ ĭƚƓƷƩğĭƷƚƩƭ ƒǒƭƷ ĬĻ ƩĻƨǒźƩĻķ Ʒƚ ƦğǤ ǞğŭĻƭ Ʒƚ laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with ƷŷĻ /ƚƦĻƌğƓķ ͻ!ƓƷźΏYźĭƉĬğĭƉͼ !ĭƷ ΛЍЉ
͵{͵/͵ ή ЌЊЍЎΜͲ ğƭ ƭǒƦƦƌĻƒĻƓƷĻķ ĬǤ 5ĻƦğƩƷƒĻƓƷ ƚŅ \[ğĬƚƩ
ƩĻŭǒƌğƷźƚƓƭ ΛЋВ /͵C͵w͵ ή ЌͲ ͻ/ƚƓƷƩğĭƷƚƩƭ ğƓķ {ǒĬĭontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants ŅƩƚƒ ƷŷĻ ƓźƷĻķ {ƷğƷĻƭͼΜ͵ ŷĻ !ĭƷ ƦƩƚǝźķĻƭ ƷŷğƷ
each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess Rev. 3/2022 14
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of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award ƒĻĻƷƭ ƷŷĻ ķĻŅźƓźƷźƚƓ ƚŅ ͻŅǒƓķźƓŭ ğŭƩĻĻƒĻƓƷͼ ǒƓķĻƩ ЌА /͵C͵w͵ ή ЍЉЊ͵ЋΛğΜ ğƓķ ƷŷĻ ƩĻĭźƦźĻƓƷ ƚƩ subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, ķĻǝĻƌƚƦƒĻƓƷğƌͲ ƚƩ ƩĻƭĻğƩĭŷ ǞƚƩƉ ǒƓķĻƩ ƷŷğƷ ͻŅǒƓķźƓŭ ğŭƩĻĻƒĻƓƷͲͼ ƷŷĻ ƩĻĭźƦźĻƓƷ ƚƩ ƭǒĬƩĻĭźƦźĻƓƷ ƒǒƭƷ ĭƚƒƦƌǤ ǞźƷŷ ƷŷĻ ƩĻƨǒźƩĻƒĻƓƷƭ ƚŅ ЌА /͵C͵w͵ ή ЍЉЊͲ ͻwźŭŷƷƭ Ʒƚ LƓǝĻƓƷźƚƓƭ ağķĻ ĬǤ bƚƓƦƩƚŅźƷ Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative !ŭƩĻĻƒĻƓƷƭͲͼ ğƓķ ğƓǤ źƒƦƌĻƒĻƓƷźƓŭ ƩĻŭǒƌğƷźƚƓs issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 /͵C͵w͵ ή ЊВБВ /ƚƒƦ͵Ͳ Ʀ͵ ЋЌЎΜͲ ͻ5ĻĬğƩƒĻƓƷ ğƓķ {ǒƭƦĻƓƭźƚƓ͵ͼ {!a 9ǣĭƌǒƭźƚƓƭ ĭƚƓƷğźƓƭ ƷŷĻ ƓğƒĻƭ of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
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G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and ƩĻĭƚƩķƭ ƚŅ {ǒƦƦƌźĻƩ ƷŷğƷ ğƩĻ ķźƩĻĭƷƌǤ ƦĻƩƷźƓĻƓƷ Ʒƚ {ǒƦƦƌźĻƩƭ ķźƭĭŷğƩŭĻ ƚŅ źƷƭ ƚĬƌźŭğƷźƚƓƭ ǒƓķĻƩ this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The ƩźŭŷƷ ğƌƭƚ źƓĭƌǒķĻƭ ƷźƒĻƌǤ ğƓķ ƩĻğƭƚƓğĬƌĻ ğĭĭĻƭƭ Ʒƚ {ǒƦƦƌźĻƩƭ ƦĻƩƭƚƓƓĻƌ ŅƚƩ ƷŷĻ ƦǒƩƦƚƭĻ ƚŅ interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; Rev. 3/2022 16
120822-MMR
and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and {ƷğƷĻƒĻƓƷƭΜ ğƦƦƌźĻƭ Ʒƚ ƷŷĻ {ǒƦƦƌźĻƩƭ ğĭƷźƚƓƭ ƦĻƩƷğźƓźƓŭ Ʒƚ Ʒŷźƭ /ƚƓƷƩğĭƷ ƚƩ ğƓǤ ƦǒƩĭŷğƭĻ ĬǤ ğ Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Rev. 3/2022 17
120822-MMR
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 ķğǤƭ ǞƩźƷƷĻƓ ƓƚƷźĭĻ Ʒƚ ƷŷĻ ƚƷŷĻƩ ƦğƩƷǤ͵ IƚǞĻǝĻƩͲ {ƚǒƩĭĻǞĻƌƌ ƒğǤ ĭğƓĭĻƌ Ʒŷźƭ /ƚƓƷƩğĭƷ źƒƒĻķźğƷĻƌǤ ǒƦƚƓ ķźƭĭƚǝĻƩǤ ƚŅ ğ ƒğƷĻƩźğƌ ķĻŅĻĭƷ źƓ ğƓǤ ĭĻƩƷźŅźĭğƷźƚƓ ƒğķĻ źƓ {ǒƦƦƌźĻƩƭ Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell McGrath RentCorp dba Mobile Modular
Management Corp.
By: __________________________ By: __________________________ Jeremy Schwartz Phil Hawkins
Title: Chief Procurement Officer Title: SVP Division Manager
Date: ________________________ Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
Rev. 3/2022 18
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
Table148:Depthand8readthofOfferedEquipmentProductsandServices Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.
Line
CateJor\\ or T\\peOfferedComments
Item
71Relocatable,demountable,portable,modular,temporary,and YesThereareotherkeywordsthat reusablebuildingsorstorageMobileModularrecommends
No
forthiscategory/listedtypes
ofequipment:Modular
RestroomTrailers,Portable
Connex/Containers,
*
PrefabricatedSCIF
Buildings,ModularTemporary
Dormitories,Prefabricated
MultiStory,Temporary
ModularClassrooms,Modular
Kitchen,TemporarySwing
Space.
72Servicesrelatedtotheaboveofferingssuchas:assembly, YesMMalsooffersTurnkey disassembly,upkeep,repair,maintenance,leasing,rental,delivery, solutionsforModular No
andtransportationofthebuildingorstoragesolutionsdescribedin Buildings:SiteRelated *
Line71above
Services(electrical sewerlines
waterlines),Furnitureand
projectmanagement.
ExceptionstoTerms,Conditions,orSpecificationsForm
Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
Documents
Ensureyoursubmissiondocument(s)conforms to thefollowing:
1.DocumentsinPDFformat are preferred.DocumentsinWord,Excel,orcompatibleformatsmayalsobeprovided.
2.Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibilityto ensure that the uploaded document(s) are not either defective,corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3.Sourcewellmayrejectanyresponsewhereanydocument(s)cannotbeopenedandviewedbySourcewell.
4.If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document,ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - Sourcewell Price ListFinal120822.xlsx - ThursdayDecember08,202214:49:02 FinancialStrengthandStability- Financial SEC 10-Q 2022.pdf - TuesdayDecember06,202214:15:03 Marketing Plan/Samples- 3D Visualizer & Sample Email Marketing Sourcewell.pdf - Tuesday December 06, 2022 15:57:04 WMBE/MBE/SBE or Related Certificates- LEED-Building Design + Construction.pdf - Tuesday December 06, 2022 14:24:26 Warranty Information- Factory NewWarantee & Lease Service Guide.pdf - Tuesday December 06, 2022 14:21:59 Standard Transaction Document Samples- Lease-Sale T&C & Supplemental Terms.pdf - Tuesday December 06, 2022 14:22:13 Upload Additional Document- UCLA KREC Fitness Center (BY DesignSpace).pdf - Tuesday December 06, 2022 12:41:36 BidNumber:RFP120822VendorName:MobileModularManagementCorp
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
Bid Number: RFP 120822Vendor Name: Mobile Modular Management Corp
TEMPORARY ACCESS LICENSE AGREEMENT
This Temporary Access License Agreement (“License”) is made and entered into on by and between the CITY OF BELL GARDENS (the “City”) and the State of CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL (“DTSC”) (together referred to as the “Parties”) with respect to the following:
RECITALS
WHEREAS, the City is the owner of real property located at 6662 Loveland Street, Bell Gardens, California (assessor parcel number 6358-016-900 (hereinafter referred to as the “City Property”)). A map depicting the location of the City Property is attached hereto as Exhibit “A”.
WHEREAS, DTSC requests permission from the City to access the City Property in order to conduct groundwater monitoring for hexavalent chromium (CrVI) at the City Property in support of remedial actions conducted at the former J&S Chrome Plating Company and former Chrome Crankshaft Company at 6863 and 6845 East Florence Place, Bell Gardens, California.
WHEREAS, the DTSC estimates that the monitoring will require approximately three to fourdays for installation and development, and three to four days for each sampling event to complete. Except for as described below in the “staging area”, no drill wastes, soil, water, associated materials or equipment will be stored by the DTSCor its contractors on the City Property.
WHEREAS, the City and the DTSC now wish to enter into this License to permit the DTSC and its contractors to conduct groundwater monitoring activities at the City Property, subject to the terms identified below.
AGREEMENT
NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows:
1. Temporary License
The City grants to DTSC, its contractors and subcontractors a license to enter the City Property to conduct the Scope of Work, defined below, which will or may include the following:
Term: The City grants DTSC, its agents, employees, authorized representatives, contractors, and subcontractors, (collectively referred to as “DTSC and its contractors” or “DTSC’s contractors”) a temporary license agreement for a term of five (5) years commencing as of the date of completion execution of this License (hereinafter “Term”).
The Term of the Agreement may be extended subject to the same terms and conditions prior to the expiration of the initial Term, upon City Council approval and upon execution of an amendment.
1 Location: DTSC requests access to install and access all of the groundwater monitoring wells on the City Property.
Staging Area: Upon the execution of this License, the City and DTSC shall agree upon a location for the staging area for activities necessary or prudent to complete the Scope of Work, as defined below, at the City Property. If the staging area is on the City Property, DTSCand its contractors, at theirsole expense, shall install a temporary fence and gates around the perimeter of the staging area to maintain staging area security, safety and eliminate interference with the sampling of the groundwater monitoring wells.
Scope of Work: DTSC shall conduct the specified monitoring well installation and groundwater monitoring activities pursuant to the DTSC’s letter of request, dated February 13, 2023, and the L.A. County Environmental Health Drinking Water Program Work Plan Approval for Monitoring Well Construction, Permit Number SR0328934, dated March 9, 2023,which are attached and incorporated hereto as Exhibit “B”.
DTSC will provide a minimum of 72-hours advance notice to the City’s Director of Public Works (“DPW”) of the date of the planned groundwater monitoring activities. DTSC must coordinate with and receive written approval from the DPW as to when each monitoring event will take place. The installation and development of the groundwater wells will require approximately three to four days, and the subsequent sampling of the groundwater monitoring wells will require three to four days to complete for each sampling event. No groundwater monitoring activities may be conducted during City-scheduled or City related events taking place as City Property.
DTSC shall conduct all work in accordance with an approved Health and Safety Plan, which is attached and incorporated hereto as Exhibit “C”.
The activities discussed in this paragraph shall be referred to as the “Scope of Work.” The License is limited to the activities described above, and all actions deemed necessary by DTSC in preparation for or termination of those activities. City does not grant permission for the performance of any other activities not agreed upon in writing by the City. In the event DTSC requires additional work on the City Property following completion of the activities described in Exhibit “B” ("Additional Work"), then DTSC will provide the City with a specified description of the proposed Additional Work for the City's review and will not proceed with the Additional Work unless the City provides prior written authorization.
The Agreement may be terminated by either party on 90-day written notice to the other party. Notwithstanding the foregoing, DTSC reserves its statutory and regulatory authority to obtain access to the City Property.
DTSC agrees to provide the City with analytical data, or any other data from the wells identified in this License, when these results are finalized and have been accepted by DTSC.
2. Manner of Work
DTSC agrees to utilize its best efforts to minimize noise, fumes, dust and other 2 similar effects in conducting the Scope of Work and shall not otherwise interfere with the operations of the City Property.
3. \[Reserved – No Text\]
4. Insurance
DTSC is a self-insured governmental agency. Prior to entering the City Property to perform the activities permitted by this License, DTSC shall ensure that its authorized contractors provide DTSC with the general liability insurance certificate evidencing not less than the minimum coverage required by state law, and will name the City its officers, officials, employees, and agents shall be additional insureds under such liability policies. This provision shall also apply to any excess/umbrella liability policies.
DTSC Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City its officers, agents, employees and volunteers. The Certificate of Liability Insurance is attached hereto as Exhibit “D”.
5. Restoration of Property
Promptly after performing the Scope of Work or at the expiration of the Term, whichever occur first, DTSC shall restore the City Property to the condition that existed prior to the execution of this License, including properly abandoning and destroying any monitoring wells installed by DTSC at the City Property in accordance with Part III (Destruction of Monitoring Wells) of the most current edition of the California Well Standards.
6. Potential Future Remediation Activities
The City acknowledges that DTSC may require access to the City Property from time to time in order to conduct sampling and monitoring activities. This License shall remain in effect during the Term of the Agreement or until the DTSC’s monitoring activities are completed at the City Property.
7. Compliance With Applicable Laws
The DTSC agrees that all activities performed pursuant to this License shall comply with all applicable local, state and federal laws, including, but not limited to, statutes, regulations, codes, rules and ordinances.
DTSC warrants and certifies to the City that prior to any entry upon any portion of the City Property, DTSC’s contractors have obtained at its sole cost and expense all governmental permits and authorizations of whatever nature required by any and all applicable governmental agencies (including the City) for DTSC’s contractors performance of the Scope of Work.
3 8.Governing Law
This License shall be governed by and interpreted pursuant to California law.
9.Entire Agreement
The terms and conditions set forth herein constitute the entire understanding of the Parties relating to the subject matter of this License. This License may be amended only by written instrument signed by both Parties.
10.Waste Disposal
DTSC shall leave no Investigation-Derived Waste (“IDW”) on the City Property.
DTSC must remove IDW as soon as the monitoring of the groundwater wells is completed. Further, DTSC must provide documentation to the City showing that DTSC and its contractors followed all statutes and regulations pertaining to the collection, labeling and disposal of purged groundwater.
11. Relationship of the Parties
The Parties expressly disavow any intent or desire to create a partnership, joint venture, joint enterprise, principal and agent, or any or other business relationship by entering into this License other than that of licensor and licensee.
12. Approval and Notices
Any approval, disapproval, demand or other notice which either party may desire or is required to give to the other party must be in writing transmission.
To the City:
City of Bell Gardens
7100 Garfield Ave
Bell Gardens, CA 90201
Attn: Director of Public Works and Facilities
Phone Number: (562) 806-7700
To DTSC:
Hazardous Substances Engineer
5796 Corporate Avenue
Cypress, CA 90630
Phone: (714)484-5471
Attn: Farah Itani
4 IN WITNESS WHEREOF, the Parties hereto have caused this Temporary Access License Agreement to be executed the day and year first appearing in this Temporary Access License Agreement, above.
CITY OF BELL GARDENS:CALIFORNIA DEPARTMENT OF TOXIC
SUBSTANCES CONTROL:
By:_______________________________
By:_______________________________
Name:____________________________
Name:____________________________
Title:____________________
Title:____________________
Date:_____________________
Date:_____________________
APPROVED AS TO FORM:
By:____________________________
Stephanie Vasquez, City Attorney
5 EXHIBIT “A”
CITY PROPERTY
6 EXHIBIT “B”
SCOPE OF WORK
7 February 15, 2023 SENT VIA ELECTRONIC MAIL
Ms. Grissel Chavez
Director of Public Works
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, California90201
RE: ENCROACHMENTON PUBLICSTREETS NEAR 6845AND 6863EAST
FLORENCE PLACE, BELL GARDENS, CALIFORNIA
Dear Ms. Chavez:
The Department of Toxic Substances Control (DTSC) is writing to you regarding encroachment requests to public streetsadjacent to the above subject properties in the City of Bell Gardens, California.
DTSC’s contractor, GSI Environmental Inc. (GSI), and its subcontractor, National Engineering and Consulting Group Inc.(NEC), are conducting environmental response actionsfor the J&S Chrome Plating and Chrome Crankshaft Company site (Site) located at 6863 and 6845 East Florence Place, Bell Gardens, respectively. This includes but isnot limited to deep-zone groundwater monitoring well installation, development, and sampling of two wells (to be designated MW-19B and MW-20B), in addition to the collection and analysis of soil samples from the exposed vadose zone soil (approximately 75 – 105 feet depth interval) during drilling. Wells MW-19B and MW-20B are proposed to be located along Emil Avenueand in the parking lot of Ross Hall Auditorium at the Veterans Park, respectively. The installation of the wells is necessary to characterize the extent of groundwater contamination resulting from the previous operations at the Site. GSI and NEC are authorized to obtainor retrieve the permits needed to conduct the environmental response actions.
Printed on Recycled Paper
Ms. Grissel Chavez
City of Bell Gardens
February 15, 2023
DTSC appreciates your consideration and approval of previous encroachment requests foractivities performed at the Site. If you have any questions or comments, please contact Ms. Farah Itani, Project Manager, at (714) 484-5471, or by e-mail at [email protected], or me at (714) 484-5432 or by e-mail at [email protected].
Sincerely,
Emad Yemut, P.E.
Unit Chief
Brownfields Restoration and School Evaluation Branch
Site Mitigation and Restoration Program
mm/fi/ey
cc: (via e-mail)
Ms.Samantha Curtis, PG
Senior Geologist
GSI Environmental Inc.
[email protected]
Mr. Monther Taifour
Project Engineer
National Engineering and Consulting GroupInc.
[email protected]
Ms. Isabella Suarez
Assistant Engineering Geologist
National Engineering and Consulting Group Inc.
[email protected]
Dr.Scarlett Zhai
Project Manager
DTSC/Brownfields Restoration and School Evaluation
[email protected]
Ms. Farah Itani
Hazardous Substances Engineer
DTSC/Brownfields Restoration and School Evaluation Branch [email protected]
ENVIRONMENTAL HEALTH
Drinking Water Program
5050 Commerce Drive, Baldwin Park, CA 91706
Telephone: (626) 430--
http://publichealth.lacounty.gov/eh/ep/dw/dw_main.htm
Work Plan Approval
WORK SITE ADDRESS CITY ZIP EMAIL ADDRESS FOR WELL PERMIT APPROVAL
6358-019-028 Bell Gardens 90201 [email protected] NOTICE:
WORK PLAN APPROVALS ONCE GRANTED, ARE VALID FOR 180 DAYS. 30 DAY EXTENSIONS OF WORK PLAN APPROVALS ARE CONSIDERED ON AN INDIVIDUAL (CASE-BY-CASE) BASIS AND MAY BE SUBJECT TO ADDITIONAL PLAN REVIEW FEES (HOURLY RATE AS APPLICABLE).
WORK PLAN MODIFICATIONS MAY BE REQUIRED IF WELL AND GEOLOGIC CONDITIONS ENCOUNTERED AT THE SITE INSPECTION ARE FOUND TO DIFFER FROM THE SCOPE OF WORK PRESENTED TO THE DEPARTMENT OF PUBLIC HEALTHDRINKING WATER PROGRAM.
POTENTIAL APPROVALS ARE LIMITED TO COMPLIANCE WITH THE CALIFORNIA WELL STANDARDS AND THE LOS ANGELES COUNTY CODE AND DOES NOT GRANT ANY RIGHTS TO CONSTRUCT, RENOVATE, OR DECOMMISSION ANY WELL. THE APPLICANT IS RESPONSIBLE FOR SECURING ALL OTHER
NECESSARY PERMITS SUCH AS WATER RIGHTS, PROPERTY RIGHTS, COASTAL COMMISSION OR WATERMASTER APPROVALS, USE COVENANTS, ENCROACHMENT PERMISSIONS, UTILITY LINE SETBACKS, CITY/COUNTY PUBLIC WORKS RIGHTS OF WAY, ETC.
THIS PERMIT IS NOT COMPLETE UNTIL ALL OF THE FOLLOWING REQUIREMENTS ARE SIGNED BY THE DEPUTY HEALTH OFFICER. WORK SHALL NOT BE INITIATED WITHOUT A WORK PLAN APPROVAL STAMPED BY THE DEPARTMENT OF PUBLIC HEALTHDRINKING WATER PROGRAM.
PODF!BQQSPWFE!OPUJGZ!JOTQFDUPS!BU!BCTBOUPTAQI/MBDPVOUZ/HPW!4!CVTJOFTT!EBZT!CFGPSF!XPSL!JT!TDIFEVMFE!UP!CFHJO/
TO BE COMPLETED BY DEPARTMENT OF PUBLIC HEALTHDRINKING WATER PROGRAM:
WORK PLAN APPROVED FOR:
PERMIT
DATE:
SR0328934 March 9, 2023
NUMBER:
Monitoring Well Construction
ADDITIONAL APPROVAL CONDITIONS: March 9, 2023
Work plan approval issued for the construction of one monitoring wells (MW-19B) located at 6358-019-028 Bell Gardens, CA 90201. Follow all applicable requirements published in the California Well Standards (Bulletins 74-81 and 74-90) and the Los Angeles County Code, Title 11.
The annular space for all wells is to be a minimum of 2-inches in diameter, the annular seal is to be a minimum of 20-feet in depth and to be sealed per the California Well Standards Bulletin 74-90: cement grout mix ratio of 5 to 6 gallons of water per 94- pound bag of Portland cement and up to 6 percent of Bentonite may be added to the cement-based mix. The seal is to be installed via a tremie pipe under pressure from the bottom of the boring to grade. NO BENTONITE OR HYDRATED BENTONITE CHIPS.
Maintain all set back requirements as stated in the California Well Standards Bulletin 74-90. The annular seal is to be witnessed by a Drinking Water Inspector, please schedule accordingly.
Please provide a copy of the well completion report within 60 days from the date of construction/destruction of well. Driller shall submit the well completion report to the Department of Water Resources at http://civicnet.resources.ca.gov/DWRWELLS
APPROVED BY:
Abraham Santos
REHS Environmental Health Specialist Ill
Drinking Water Program
Environmental Health Protection Division
Los Angeles County Department of Public Health
5050 Commerce Drive
Baldwin Park, CA 91706
Ph (626) 430 - 5420
[email protected]
ANNULAR SEAL FINAL INSPECTION REQUIRED WELL COMPLETION LOG REQUIRED DATEACCEPTED: REHS signature DATE ACCEPTED: REHS signature
ENVIRONMENTAL HEALTH
Drinking Water Program
5050 Commerce Drive, Baldwin Park, CA 91706
Telephone: (626) 430-5420 • Facsimile: (626) 813-3013 • Email: [email protected] http://publichealth.lacounty.gov/eh/ep/dw/dw_main.htm
Work Plan Approval
WORK SITE ADDRESS CITY ZIP EMAIL ADDRESS FOR WELL PERMIT APPROVAL
6358-017-909 Bell Gardens 90201 [email protected] NOTICE:
WORK PLAN APPROVALS ONCE GRANTED, ARE VALID FOR 180 DAYS. 30 DAY EXTENSIONS OF WORK PLAN APPROVALS ARE CONSIDERED ON AN INDIVIDUAL (CASE-BY-CASE) BASIS AND MAY BE SUBJECT TO ADDITIONAL PLAN REVIEW FEES (HOURLY RATE AS APPLICABLE).
WORK PLAN MODIFICATIONS MAY BE REQUIRED IF WELL AND GEOLOGIC CONDITIONS ENCOUNTERED AT THE SITE INSPECTION ARE FOUND TO DIFFER FROM THE SCOPE OF WORK PRESENTED TO THE DEPARTMENT OF PUBLIC HEALTH—DRINKING WATER PROGRAM.
POTENTIAL APPROVALS ARE LIMITED TO COMPLIANCE WITH THE CALIFORNIA WELL STANDARDS AND THE LOS ANGELES COUNTY CODE AND DOES NOT GRANT ANY RIGHTS TO CONSTRUCT, RENOVATE, OR DECOMMISSION ANY WELL. THE APPLICANT IS RESPONSIBLE FOR SECURING ALL OTHER
NECESSARY PERMITS SUCH AS WATER RIGHTS, PROPERTY RIGHTS, COASTAL COMMISSION OR WATERMASTER APPROVALS, USE COVENANTS, ENCROACHMENT PERMISSIONS, UTILITY LINE SETBACKS, CITY/COUNTY PUBLIC WORKS RIGHTS OF WAY, ETC.
THIS PERMIT IS NOT COMPLETE UNTIL ALL OF THE FOLLOWING REQUIREMENTS ARE SIGNED BY THE DEPUTY HEALTH OFFICER. WORK SHALL NOT BE INITIATED WITHOUT A WORK PLAN APPROVAL STAMPED BY THE DEPARTMENT OF PUBLIC HEALTH—DRINKING WATER PROGRAM.
ONCE APPROVED NOTIFY INSPECTOR AT [email protected] 3 BUSINESS DAYS BEFORE WORK IS SCHEDULED TO BEGIN.
TO BE COMPLETED BY DEPARTMENT OF PUBLIC HEALTH—DRINKING WATER PROGRAM:
WORK PLAN APPROVED FOR:
PERMIT
DATE:
SR0328935 March 9, 2023
NUMBER:
Monitoring Well Construction
ADDITIONAL APPROVAL CONDITIONS: March9, 2023
Work plan approvalissued for the construction of one monitoring wells (MW-20B) located at 6358-017-909 Bell Gardens, CA 90201. Follow all applicable requirements published in the California Well Standards (Bulletins 74-81 and 74-90) and the Los Angeles County Code, Title 11.
The annular space for all wells is to be a minimum of 2-inches in diameter, the annular seal is to be a minimum of 20-feet in depth and to be sealed per the California Well Standards Bulletin 74-90: cement grout mix ratio of 5 to 6 gallons of water per 94- pound bag of Portland cement and up to 6 percent of Bentonite may be added to the cement-based mix. The seal is to be installed via a tremie pipe under pressure from the bottom of the boring to grade. NO BENTONITE OR HYDRATED BENTONITE CHIPS.
Maintain all set back requirements as stated in the California Well Standards Bulletin 74-90. The annular seal is to be witnessed by a Drinking Water Inspector, please schedule accordingly.
Please provide a copy of the well completion report within 60 days from the date of construction/destruction of well. Driller shall submit the well completion report to the Department of Water Resources at http://civicnet.resources.ca.gov/DWRWELLS
APPROVED BY:
Abraham Santos
REHS Environmental Health Specialist Ill
Drinking Water Program
Environmental Health Protection Division
Los Angeles County Department of Public Health
5050 Commerce Drive
Baldwin Park, CA 91706
Ph (626) 430 - 5420
[email protected]
ANNULAR SEAL FINAL INSPECTION REQUIRED WELL COMPLETION LOG REQUIRED DATEACCEPTED:REHS signature DATE ACCEPTED: REHS signature
EXHIBIT “C”
HEALTH AND SAFETY PLAN
8 SITE-SPECIFIC
HEALTH AND SAFETY PLAN
J&S CHROME PLATING COMPANY AND FORMER CHROME
CRANKSHAFT COMPANY
6863 and 6845 East Florence Place
Bell Gardens, California 90201
Issued:September 14, 2022
Prepared by: GSI ENVIRONMENTAL INC.
7595 Irvine Center Drive, Suite 250
Irvine, California 92618
949.679.1070
www.gsienv.com
GSI Project No. 5550
GSI Job No.: 5550
Issued: September 14, 2022
SITE SPECIFIC HEALTH AND SAFETY PLAN
J&S Chrome Plating Company and Former Chrome Crankshaft Company
6863 and 6845 East Florence Place
Bell Gardens, California 90201
Revision Log:
GSI Job No.: 5550Revision No.:1
Plan Prepared By: Konrad GrochockiDate:9/9/2022
Plan Reviewed By:Tiam NovinDate:9/14/2022
Plan Reviewed By:Samantha Curtis Date:9/14/2023
Approved By:
9/14/23 Version to be Updated Prior to Field
Event
Samantha Curtis, PG
Senior Geologist
GSI Job No.: 5550
Issued: September 14, 2022
Site Specific Health and Safety Plan
J&S Chrome Plating Company and Former Chrome Crankshaft Company 6863 and 6845 East Florence Place
Bell Gardens, California 90201
TABLE OF CONTENTS
1.0 SCOPE AND APPLICATION ...............................................................................................1
2.0 PROJECT DESCRIPTION ...................................................................................................2
2.1 Site Description .............................................................................................................2
2.2 Project Tasks ................................................................................................................3
2.2.1 Site Monitoring Activities....................................................................................... 3
2.2.2 Groundwater Monitoring ....................................................................................... 3
2.2.3 Groundwater Monitoring Well Installation ............................................................. 4
2.2.4 Vadose Zone Soil Sampling ................................................................................. 4
2.2.5 Waste Disposal .................................................................................................... 5
3.0 EMERGENCY RESPONSE PROCEDURES ....................................................................... 6
3.1 Emergency Contacts ..................................................................................................... 6
3.2 Site Siren or Alarm Signals ........................................................................................... 6
3.3 Emergency Assembly Area(s) and Evacuation Route ................................................... 6
3.4 Applicable Emergency Response Measures and Facilities ............................................ 6
4.0 PROJECT ORGANIZATION, PERSONNEL, & TRAINING REQUIREMENTS .................... 8
4.1 Training Requirements .................................................................................................. 8
4.2 Requirements for Respirator Use .................................................................................. 8
4.3 Personnel Documents ................................................................................................... 8
5.0 POTENTIAL HAZARDS AND HAZARD CONTROL MEASURES ...................................... 9
5.1 General Site Access Control Measures ......................................................................... 9
5.2 Project Personnel Access Control ................................................................................. 9
5.3 Underground Utilities Clearance .................................................................................... 9
5.4 General Work Hazards and Avoidance ....................................................................... 10
5.4.1 Housekeeping Measures ................................................................................... 10
5.4.2 General Safe Work Practices ............................................................................. 10
5.4.3 Fire and Explosion Hazard Mitigation ................................................................. 10
5.4.4 Other Measures (check as applicable) ............................................................... 10
5.4.5 Heat-Related Disorders...................................................................................... 11
5.4.6 Heavy Equipment Operations ............................................................................ 11
5.4.7 Confined Space and Excavation Safety ............................................................. 12
5.4.8 COVID-19 .......................................................................................................... 12
5.4.9 Potential Chemical Exposure Hazards ............................................................... 13
5.4.10 Other Potential Hazards ............................................................................... 14
6.0 AIR QUALITY MONITORING ............................................................................................ 15
6.1 Air Monitoring Instrument ............................................................................................ 15
6.2 Monitoring Frequency and Location ............................................................................ 15
6.2.1 SCAQMD Rule 1166 .......................................................................................... 15 J&S Chrome Plating Company and Former Chrome i Health and Safety Plan Crankshaft Company
GSI Job No.: 5550
Issued: September 14, 2022
Site Specific Health and Safety Plan
J&S Chrome Plating Company and Former Chrome Crankshaft Company 6863 and 6845 East Florence Place
Bell Gardens, California 90201
TABLE OF CONTENTS
6.2.2 SCAQMD Rule 1466 .......................................................................................... 15
7.0 PERSONAL PROTECTIVE EQUIPMENT (PPE) ............................................................... 16
7.1 Level D PPE ................................................................................................................ 16
7.2 Supplemental Level D PPE ......................................................................................... 16
7.3 Level C PPE ................................................................................................................ 16
7.4 Level B PPE ................................................................................................................ 16
8.0 DECONTAMINATION PROTOCOL ................................................................................... 17
9.0 ADDITIONAL INFORMATION ........................................................................................... 18
EXHIBITS
Exhibit A: GSI Personnel Acknowledgement ............................................................................. iii Exhibit B: Non-GSI Personnel Acknowledgement ..................................................................... iv Exhibit 3.1: Emergency Contacts .............................................................................................. 6 Exhibit 3.4: Emergency Facilities .............................................................................................. 7 Exhibit 5.3: Utility Color Designations ........................................................................................ 9 Exhibit 5.4.5a: Heat Related Disorders ....................................................................................11 Exhibit 5.4.5b: Heat Risk Levels ...............................................................................................11 Exhibit 5.4.8: Chemical Exposure Hazard Levels .....................................................................13
FIGURES
Figure 1. Site Map
Figure 2. Urgent Care Map
Figure 3. Hospital Map
ATTACHMENTS
Attachment 1. Daily Site Safety Record
Attachment 2. NIOSH Pocket Guides
Attachment 3. Chemical Safety Data Sheets
J&S Chrome Plating Company and Former Chrome ii Health and Safety Plan Crankshaft Company
GSI Job No.: 5550
Issued: September 14, 2022
Site Specific Health and Safety Plan
J&S Chrome Plating Company and Former Chrome Crankshaft Company 6863 and 6845 East Florence Place
Bell Gardens, California 90201
GSI PERSONNEL ACKNOWLEDGEMENT
I, the undersigned, have been provided with a copy of this Site-Specific Health and Safety Plan.
I have read the Plan, have attended a project safety orientation session conducted by GSI Environmental Inc. (GSI), and have had the opportunity to ask questions about health and safety issues relating to this project. I understand that it is my responsibility to abide by this Plan, and that physical injury, damage and other harm to myself or others could result from my failure to do so.
Exhibit A: GSI Personnel Acknowledgement
Name (please print)SignatureDate
Non-GSI Personnel Present (use next page).
J&S Chrome Plating Company and Former Chrome iiiHealth and SafetyPlan Crankshaft Company
GSI Job No.: 5550
Issued: September 14, 2022
Site Specific Health and Safety Plan
J&S Chrome Plating Company and Former Chrome Crankshaft Company 6863 and 6845 East Florence Place
Bell Gardens, California 90201
NON-GSI PERSONNEL ACKNOWLEDGEMENT
I, the undersigned, have been provided with a copy of this Site-Specific Health and Safety Plan.
I have read the Plan, have attended a project safety orientation session conducted by GSI Environmental Inc. (GSI), and have had the opportunity to ask questions about health and safety issues relating to this project. I understand that it is my responsibility to abide by this Plan, and that physical injury, damage and other harm to myself or others could result from my failure to do so. I also understand that by signing this Site-Specific Health and Safety Plan, GSI is not my supervisor or controlling contractor; and therefore, is not responsible for my health and safety, as my employer is solely responsible for my health and safety.
Exhibit B: Non-GSI Personnel Acknowledgement
Name (please print) CompanySignature Date
rd
Note: Non-GSI personnel include, but not limited to, GSI-subcontractors, 3 party subcontractors, clients, site representatives, and/or regulatory representatives.
J&S Chrome Plating Company and Former Chrome ivHealth and SafetyPlan Crankshaft Company
GSI Job No.: 5550
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1.0 SCOPE AND APPLICATION
This Site-Specific Health and Safety Plan (SS-HASP) has been prepared in accordance with 29 CFR §1910.120, 8 CCR 5192, and is a site-specific supplement to the GSI company Environmental, Health and Safety (EHS) Program Manual for Field Operations (the “EHS Program Manual”), which specifies GSI’s general health and safety policies and procedures. This SS-HASP is to be provided to all site workers under the direction of GSI for their review. In addition, this SS-HASP, the GSI EHS Program Manual, and applicable client safety guidelines will remain on-site at all times during the project, and will be available to all project personnel upon request from the GSI Site Safety Officer (SSO) or other designated representative.
This SS-HASP specifies health and safety protocol to be followed during implementation of the project work scope by all site personnel under the direction of GSI, including employees and subcontractors. In the event of conflicting standards between this plan or the GSI EHS Program Manual and client health and safety requirements, the more protective standard shall apply. All personnel are required to comply with this SS-HASP and to indicate their agreement to do so by signing the cover page.
J&S Chrome Plating Company and Former Chrome 1Health and SafetyPlan Crankshaft Company
GSI Job No.: 5550
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2.0 PROJECT DESCRIPTION
SITE IDENTIFICATION
Name: J&S Chrome Plating Company and Former Chrome Crankshaft Company Address: 6863 and 6845 East Florence Place
City: Bell Gardens
County:Los Angeles
State: California
Zip Code: 90201
Site Owner/Client:
DepartmentofToxicSubstancesControl(DTSC)
Client Contact:Farah Itani
Business Address:
5796 Corporate Avenue
Cypress, California 90630-4732
Business Phone:
714-484-5471
Business Email:
2.1 Site Description
The former J&S Chrome Plating and Chrome Crankshaft facilities (Site) consist of two adjacent properties located at 6845 & 6863 Florence Place, Bell Gardens, California 90201. The Site was formerly used for electroplating operations (Crankshaft) from 1963 to 1991 and metal plating operations (J&S Chrome) in Bell Gardens, California. The Site is currently surrounded by mixed th
commercial and residential properties. Two schools are located within 1/8mile to the west of the Site.
Previous environmental investigations have been conducted (Geomatrix 2007) at the Site and have identified chemicals of potential concern (COPCs). Previous investigations found metals (cadmium, hexavalent chromium, and lead) in soil and metals (cadmium, chromium, and hexavalent chromium), trichloroethylene (TCE), and tetrachloroethylene (PCE) in groundwater at the Site.
For the implementation of site remediation activities, the Site was divided into two operable units (OUs). OU-1 addresses soil on Site, and OU-2 addresses impacted groundwater beneath and downgradient of the Site. Historical remediation activities at the Site included excavation of chrome VI-impacted soils, injection of calcium polysulfide (CPS) into the vadose zone, and groundwater extraction, treatment, and re-injection with CPS. The current groundwater monitoring well network being sampled at the Site consists of the wells included below.
An aerial photo base map with approximate monitoring well locations (on- and off-Site) are shown on the attached Site plan (Figure 1).
J&S Chrome Plating Company and Former Chrome 2Health and SafetyPlan Crankshaft Company
GSI Job No.: 5550
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2.2Project Tasks
Work to be conducted at the Site includes groundwater sampling, groundwater monitoring well installation and soil sampling from borings.
2.2.1SiteMonitoringActivities
A monthly Site inspection is conducted by walking the site, opening any well boxes with suspected damage to assess damage, noting the state of weed abatement, inspecting fences, locks, and the state of housekeeping, monitoring for unauthorized entry and reporting unauthorized entry of activities to the Bell Garden Police Department.
2.2.2GroundwaterMonitoring
Groundwater monitoring is conducted from existing wells on a semi-annual basis. Further, additional groundwater monitoring events will be conducted from select wells upon completionof the Phase I, on-Site, monitoring well installation activities and the Phase II, off-Site, monitoring well installation activities.
At the initiation of each monitoring event, wells will be measured for their depth to water (DTW) relative to the surveyor notch on the well casing. DTW measurements will be collected in the order of least VOC concentration to highest VOC concentration. Before collecting DTW measurements, the well box and the well cap will be removed, and the well will be allowed time to equilibrate.
Monitoring wells will then be purged and sampled using a stainless-steel submersible pump with dedicated poly tubing at a low-flow purge rate. Following sampling at each well, well boxes will be closed and secured, and all reusable sampling equipment will be decontaminated between well locations.
During the recent previous groundwater monitoring activities at the Site, most wells were found to be dry. Some wells contained enough groundwater to gather DTW measurements but J&S Chrome Plating Company and Former Chrome 3Health and SafetyPlan Crankshaft Company
GSI Job No.: 5550
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insufficient water column for purging and sampling. Therefore, WDR required sampling was not completed in 2019.
2.2.3 Groundwater Monitoring Well Installation
Borings for the groundwater monitoring wells will be advanced by a C-57 licensed subcontractor using roto sonic or hollow stem auger drilling methods. Soil cores will be collected continuously from ground surface to the total boring depth. Soil will be examined for general characteristics, screened for organic soil vapors using a photo-ionization detector (PID), and logged in accordance with the American Society for Testing Materials (ASTM) standard D 2488 following the Unified Soil Classification System (USCS).
Up to ten soil samples per boring will be collected and analyzed to assess impacts from COCs.
Samples will be collected at approximately 5-foot increments between the depths of 75 and 105 feet below ground surface (bgs) for analysis and to evaluate the effectiveness of CPS injection within this depth interval. Sample collection depths may vary based on field observations and soil screening with a PID. Soil samples will be collected and placed in laboratory provided containers, sealed in plastic bags, and stored in a cooler with ice under chain-of-custody protocols. The soil samples will be transported to a California Environmental Laboratory Accreditation Program (ELAP) certified laboratory. The soil samples will be analyzed for Title 22 metals by United States Environmental Protection Agency (U.S. EPA) Method 6010B, and hexavalent chromium (Cr \[VI\]) by U.S. EPA method 7199. If elevated PID readings (greater than 10 parts per million \[ppm\]) are observed, the sample will be analyzed for volatile organic compounds (VOCs) using U.S. EPA Method 8260B.
Prior to use, between boreholes and before being taken off-Site, all downhole equipment will be steam-cleaned or cleaned in a “3-bucket” wash and rinse system with laboratory grade detergent.
The groundwater monitoring wells will be constructed in compliance with state and local well permitting requirements, and in accordance with the DTSC publication Well Design and Construction for Monitoring Groundwater at Contaminated Sites. The wells will be built within the casing as it is removed, using 4-inch diameter Schedule 80 polyvinyl chloride (PVC) blank casing and approximately 10 feet of 4-inch diameter slotted screens.
A minimum of 48-hours following installation, the monitoring wells will be developed using a combination of bailing, surging, and purging until well water is determined to be relatively clear and stable. Groundwater pH, specific conductance, temperature, and turbidity (water quality parameters) as well as clarity and odor, will be monitored. Well development will continue until groundwater quality parameters have stabilized across three sequential measurements as listed in the January 2022 Work Plan.
Upon completion of well installation activities, a California-licensed surveying contractor will measure coordinate (latitude and longitude) location and elevation of each well and survey the top of the monitoring well casing (north face) to a 0.01-foot accuracy.
2.2.4 Vadose Zone Soil Sampling
Shallow vadose zone soil will be sampled using a truck-mounted direct-push drill rig to advance 20 borings to a total depth of 15 feet bgs. Soil samples will be collected from dual-cased sample core barrels in clear acetate liners from 10 and 15-feet bgs from each boring.
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Deepvadosezonesoil will be sampled using a truck or track-mounted hollow stem auger (HSA) rig to advance 4 borings to a total depth of 105 feet bgs. Soil samples will be collected from depths of 75, 80, 85, 90, 95, 100, and 105 feet bgs.
Prior to use and following drilling activities, all downhole equipment will be steam-cleaned or cleaned in a “3-bucket” wash and rinse system with laboratory grade detergent. After sample collection, each boring will be backfilled with cement-bentonite grout emplaced using the tremie method to ground surface and repaired to match the existing surface.
All soil samples collected will be analyzed for Title 22 metals by U.S. EPA Method 6010B and Cr (VI) by U.S. EPA method 7199. The recovered soil cores will be screened for organic vapors using a PID. If elevated PID readings (greater than 10 ppm) are observed, the sample will be analyzed for VOCs using U.S. EPA Method 8260B. Samples will be transported to a state ELAP certified laboratory under chain-of-custody protocols.
2.2.5 Waste Disposal
Investigation derived waste (IDW) will include purge water and decontamination rinse water, as well as soil cuttings generated during drilling. Soil cuttings generated during drilling will be stored within Department of Transportation (DOT)-approved 55-gallon steel drums or lined roll- off bins.
Liquid IDW will be containerized in (DOT)-approved 55-gallon drums. All IDW will be stored in a secure location pending characterization. Subsequent to characterization, IDW will be transported for disposal at an authorized off-Site facility in accordance with applicable regulations. GSI will assist the client to coordinate disposal of the waste at an appropriate waste facility.
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3.0 EMERGENCY RESPONSE PROCEDURES
Specify emergency reporting contact. Provide Plant Emergency Response Contact with phone number(s) where applicable. Call 911 for emergencies located elsewhere.
3.1 Emergency Contacts
Exhibit 3.1: Emergency Contacts
Position CompanyName Cell Phone
GSI Project Team Leader (PTL) GSI Samantha Curtis (949) 679-1070 (949) 870-6820(cell)
GSI Site ManagerGSI Ivy Rea(323) 599-6584
GSI Site-Safety Officer (SSO) GSI Ivy Rea(323) 599-6584 GSI Principal GSI Hassan Amini (949) 233-4717
Client Project Manager DTSC Farah Itani (714) 484-5471 GSI Health and Safety Manager GSI Tiam Novin (949) 412-6217
3.2 Site Siren or Alarm Signals
No site-specific training is necessary on site. The site does not have any specific alarm signals.
3.3 Emergency Assembly Area(s) and Evacuation Route
In case of an emergency, assemble along Florence Place to the south of the Site.
3.4 Applicable Emergency Response Measures and Facilities These measures include decontamination and/or medical treatmentif necessary.
In case of an emergency, call 911.
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Exhibit 3.4: Emergency Facilities
Facilty Phone Address Directions
The nearest urgent care Emergency 3430 Garfield 1. Head west on Florence Place facility is the Concentra (323) 722-Avenue, toward Sudan Ave.; Urgent Care 8481 Commerce CA 2. Turn right onto Garfield Ave.; approximately 1.9 miles 90040 3. Concentra Urgent Care will be from the site on the right.
Open 24 Hours
(approximately 6
minutes’ drive time).
Figure 2
The nearest hospital with (562) 698-11500 Brookshire 1. Head east on Florence Pl toward an emergency room is 0811 Avenue, Downey, Scout Ave.;
the PIH Health Hospital 2.Turn right onto Scout Ave.;
(Emergency) CA 90241
Downey Emergency 3. Turn left onto E Florence Ave.;
(562) 904-Open 24 Hours
Room approximately 3.4 4. Turn right onto Brookshire Ave.; 5000 (Main)
miles from the site 5. Turn left onto Iowa St
(approximately 11 6. Turn right to emergency room
minutes’ drive time).
Figure 3
J&S Chrome Plating Company and Former Chrome 7Health and SafetyPlan Crankshaft Company
GSI Job No.: 5550
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4.0 PROJECT ORGANIZATION, PERSONNEL, & TRAINING REQUIREMENTS Key personnel are listed in Section 3.1, Emergency Contacts.
4.1 Training Requirements
Check all that apply and list any additional.
XOSHA 40-hr HAZWOPER
Contractor Safety Council (CSC) –Basic +
Site-Specific (CSC or on-site)
Unit-Specific
XOSHA 8-hr Annual Refresher
TWIC Card
4.2 Requirements for Respirator Use
Will respirator use potentially be required? __Yes X No If yes, GSI Respiratory Protection Plan, found in Section 7.0 of the GSI EHS Program Manual, is applicable. Affected personnel must have physician’s written opinion certifying fitness to use respirator based on pulmonary function test and other considerations, be trained in proper respirator use, and have quantitative fit test.
4.3 Personnel Documents
List documentation of training or medical fitness project personnel will be required to provide.
All field project personnel, including subcontractors, are to maintain training and medical records at their respective offices and provide to GSI, if requested. OSHA 40-hour HAZWOPER training with 8-hour refresher courses is required of all field personnel.
J&S Chrome Plating Company and Former Chrome 8Health and SafetyPlan Crankshaft Company
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5.0 POTENTIAL HAZARDS AND HAZARD CONTROL MEASURES
The following sections discuss potential hazards at the Site and how to control them.
5.1 General Site Access Control Measures
Specify site control measures as necessary to prevent unauthorized persons from entering work area (e.g., fencing, barricades, tape, signs, etc.)
Field activities will be performed between 7:00 AM and 6:00 PM (daylight hours). Access to the Site is controlled by fencing and a locked gate. The general public will not have access to the Site. During off-Site activities, access will be controlled through placement of drilling equipment and traffic control devices in combination with delineators and caution tape, as needed to prevent public access. Equipment may be moved on Site following activities for security purposes. In lieu of moving equipment on Site, the driller may subcontract security services to protect equipment during non-work hours.
5.2 Project Personnel Access Control
Specify sign-in and sign out procedures for project personnel and means of notifying site manager if unable to be on-site.
Personnel must sign in and out every day with the GSI Site Safety Officer.
5.3 Underground Utilities Clearance
Specify procedures for obtaining clearance of locations for drilling, excavation, or other subsurface penetrations. If using a system such as the Texas 811 System or accessing the Portal at https://txgc.texas811.org/geocall/portal/ , a 72-hour notice prior to start-up is required. Specify date of call, response and case or serial no. For clearance of site-owned utilities, provide contact and response information. Include a copy of any emails or other notifications of clearance at the end of this SS-HASP.
Utility clearance will include at least a 48-hour notification to Underground Service Alert (USA) of California, the state underground utility notification authority.
Below are the color designations typically used by the underground utilities’ surveyors in Texas and California (note other states may differ):
Exhibit 5.3: Utility Color Designations
WHITE – PROPOSED EXCAVATION
PINK – TEMPORARY SURVEY MARKINGS
RED – ELECTRIC POWER LINES, CABLES, CONDUIT AND LIGHTING CABLES YELLOW – GAS, OIL, STEAM, PETROLEUM OR GASEOUS MATERIALS ORANGE – COMMUNICATION, ALARM OR SIGNAL LINES, CABLES OR CONDUIT BLUE – POTABLE WATER
PURPLE – RECLAIMED WATER, IRRIGATION AND SLURRY LINES
GREEN – SEWERS AND DRAIN LINES
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5.4 General Work Hazards and Avoidance
General work hazards include slip, trip, and fall hazards, head or foot injuries from falling or dropped objects, strains from over-exertion or incorrect lifting, electrical shocks, etc. These hazards can be controlled by good housekeeping measures and safe work practices, as outlined below. See also GSI EHS Program Manual.
5.4.1 Housekeeping Measures
Excess brush or high vegetation should be cleared from the work area to the extent practical prior to start of the job.
The job site must be kept clean and free of trash and debris. Trash will be placed in bags or other suitable containers when generated. Disposable PPE must be disposed in designated containers upon removal.
Materials such as lumber, well screen and riser pipe, filter pack sand, cement, etc. will be neatly stored in a designated area.
Tools and equipment must be returned to the tool box or designated area when no longer in use.
5.4.2 General Safe Work Practices
Use buddy system.
Stay alert at all times to activities in your surroundings. Watch for on-coming vehicles, other workers, and overhead hazards.
Work at a deliberate pace; do not rush a job.
Avoid heavy lifting and lift with knees bent.
Use tools only for their intended use, and make sure tools are in good condition. Inspect power tool and extension cords prior to use.
Maintain safe distance (at least 10 feet and an additional 4 inches for every 10 kilovolts (kV) over 50 kV) between drill rig mast or other overhead equipment and overhead lines.
Avoid unauthorized entry to restricted areas including confined space areas.
Do not operate plant process equipment; do not open or close valves Proper PPE (specified below) must be worn at all times. PPE must be inspected regularly and properly maintained.
Remove gloves and wash hands before handling food or tobacco products.
5.4.3 Fire and Explosion Hazard Mitigation
All drilling or excavation locations must be properly cleared for the presence of underground utilities prior to drilling or digging. (Utility clearance procedures are specified above).
Gasoline and other fuels must be stored in steel safety cans with mesh flame arresters and spring-mounted relief vent mechanisms. Flammable and combustible materials including paints and solvents must be properly stored away from sources of ignition.
Fire extinguishers must be present on all vehicles and drilling and excavation equipment, and in all areas where spark producing equipment is in use.
5.4.4 Other Measures (check as applicable)
X Smoking not permitted on-site, or
Smoking permitted only in designated areas
Matches and lighters not permitted on-site
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Hot-work permits must be obtained for spark-producing equipment in designated areas
Other
5.4.5 Heat-Related Disorders
The major varieties of heat-related disorders, their related symptoms and appropriate treatment are listed below in order of increasing severity.
Exhibit 5.4.5a: Heat Related Disorders
Condition &Heat StressHeat ExhaustionHeat Stroke
Related Symptomsor Heat Syncope
Cramping May be present May be present Absent
Mental State Faint, dizzy, fatigue May be disoriented Stupor or coma Skin & ComplexionCool, moist, flush; Cool, pale, moistRed, hot, dry rash may be present.
Temperature Normal Normal to lowVery high (>105° F)
Pulse Rapid (>110 beat /min) Rapid, weakRapid, bounding Blood PressureMay be lowMay be low May be high in early stages Treatment Give water & Give water & Provide rapid cooling by electrolytes, loosen or electrolytes, loosen or immersion; cover in wet remove clothing, move remove clothing, cloth and transport to to shade move to shadeemergency room
Prevention Measures: All heat disorders are caused by loss of fluids and the body's inability to cool itself. Heat stress can be prevented by the following measures:
Pre-hydrate before going into the field: water or water-electrolyte drinks are preferable to caffeinated beverages or soft drinks. Refrain from alcohol the night before field work.
In the field drink frequently. Numerous small drinks at a tepid temperature are better than rapid, large volume intakes of iced drinks.
Rest at least a few minutes every hour or two.
Observe co-workers for signs of heat stress.
OSHA identifies the following Risk Levels for given values of the heat index and recommends increasing Protective Measures to be implemented at each level.
Exhibit 5.4.5b: Heat Risk Levels
Heat Index Risk Level Protective Measures
115° F Very High to ExtremeAggressive measures (e.g., reschedule non-essential work)
5.4.6 Heavy Equipment Operations
Drilling and other equipment must be in good condition. Particular attention should be paid to the condition of cables and hoisting equipment. The equipment must be equipped with a back-up beeper. Barricades or caution tape should be used as needed to exclude unauthorized personnel from the work area.
All heavy equipment must employ the warning methods while the vehicle is backing up, as described in 8 CCR 1592, including:
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Automatic back-up alarm;
Automatic braking device;
A spotter directing the vehicle;
Inspection of the entire perimeter of the vehicle prior to backing up; and/or Prohibiting foot traffic in the work area.
During drilling, the drill rig should be positioned to allow for adequate work room and the area kept free of trip and slip hazards. Care must be taken to avoid the catching of loose clothing in moving parts, and to keep hands free of pinch points. Proper PPE including hard hat, safety glasses, gloves, hearing protection, and safety shoes must be worn.
All vehicles or mechanical equipment that may have all or parts of its structure near energized overhead lines should maintain an operating distance of at least 10 feet of clearance with distance increased by 4 inches for every 10 kV over 50kV.
5.4.7 Confined Space and Excavation Safety
All personnel must obey all posted restrictions on entry to confined spaces. Excavations deeper than 4 ft should not be entered for any purpose unless 1) the excavation walls are properly shored or are sloped at a 1:1 slope, or less steep, and there is no danger of collapse or engulfment; 2) a suitable means of egress such as ramp, stairs or ladder is located so as to require no more than 25 ft of lateral travel to reach it; and 3) testing demonstrates a hazardous atmosphere is not present.
5.4.8 COVID-19
Due to the outbreak of the novel Coronavirus Disease 2019 (COVID-19), GSI’s Pandemic Disease Plan (Addendum) will be implemented for GSI employees and subcontractors, which reflect the latest Centers for Disease Control (CDC) recommendations as well as requirements under California Code of Regulations (CCR) Title 8 Rule 3205. Below is a list of hazard mitigation measures that may be implemented:
GSI employees and subcontractors shall monitor their health and remain home if feeling unwell (sick).
Face masks are no longer a requirement, but the Los Angeles County Public Health Agency recommends the use of face masks to be worn in indoor settings when social distancing (separation of 6 feet or more) is not attainable. Therefore, GSI staff and subcontractors may wear face coverings when they see fit.
GSI staff and subcontractors shall wash hands with soap and water, or use hand sanitizer, prior to consuming food, after sneezing, etc.
J&S Chrome Plating Company and Former Chrome 12 Health and SafetyPlan Crankshaft Company
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5.4.9Potential Chemical Exposure Hazards
Summarize primary constituents of concern, relevant exposure levels, and the maximum expected concentrations in soil and/or groundwater, to the extent known. Provide Safety Data Sheets (SDSs) in Attachment A.
Exhibit 5.4.8: Chemical Exposure Hazard Levels
13 Constituents Exposure Limits I.P.Max. Expected Health Hazard of Concern Concentration Target Organ
(COCs) or Free-Phase Route of Entry
(FP)
2 Chemical PEL/TLV STEL IDLH (eV) SoilWater Ca = Carcinogen Name/ (ppm) (ppm) (ppm) (mg/kg) (mg/L) Abs = Skin
CAS No. Absorption
Con = Skin or Eye
Contact
Inh = Inhalation
Ing = Ingestion
PCE \[127-18-4\] 25100 1509.320.00073 0.013 Ca, Inh, Abs, Ing, Con
TCE \[79-01-6\] 1025 1,0009.450.000740.023 Ca, Inh, Abs, Ing, Con
1,1-
5NPV NPV10.00 UNK0.0037 Ca, Inh,Abs, Ing, Con
dichloroethene
\[75-35-4\]
Chloroform
10NPV 500 11.42 UNK0.0016 Ca, Inh, Abs,Ing,Con
\[67-66-3\]
Chromium 250
NPV NA 850 12 Inh, Ing, Con
0.5 3
3 \[7440-47-3\]
mg/m
mg/m
Selenium 1
NPV NA UNK0.232 Inh, Ing, Con
0.2 3
\[7782-49-2\] 3
mg/m
mg/m
Barium
NPV NPV NA 160 0.120 Inh, Ing, Con
0.5 \[7440-39-3\]
3 mg/m
3 Chromium (VI)
NA 330 12 Ca, Inh, Ing, Con
0.0005
0.0002 15 mg/m
\[18540-29-9\]
33 mg/m mg/m
3 Lead \[7439-92-1\]
100 NA 830.011 Inh, Ing, Con
0.05 mg/m NPV
3 mg/m
1 Unless otherwise noted, Permissible Exposure Limits (PEL) and Threshold Limit Values (TLVs) are permissible time-weighted average exposure limits (ppm in air), which must not be exceeded for an 8-hour work-day/40-hour work week. Short-Term Exposure Limits (STELs) must not be exceeded over a 15-minute period. 2 IDLH = Immediately Dangerous to Life or Health; must not be exceeded at any time. 3 I.P. = Ionization Potential. A photoionization detector specified in Section 6.0 should have a lamp with an IP (i.e.
10.6 eV or 11.7 eV) that is greater than the largest IP of COCs from this table that may reasonably be expected to occur as volatiles.
4 NPV = No published value; ND = Not determined.
5 Exposure limits, ionization potentials, and associated health hazards can be found in the NIOSH Pocket Guide to Cal-OSHA 8 CCR 5155 Table AC-1 .
Chemical Hazards and the ACGIH Guide to TLVs and BEIs and
To minimize potential chemical exposure, the following measures will be taken:
SDS must be provided for any chemical brought on-site for project use.
Workers should remain upwind of contaminated materials to the extent practical.
PPE specified below will be worn prevent skin or eye contact with chemical constituents.
Air quality monitoring will be conducted and respiratory protective equipment used as needed, as described below.
J&S Chrome Plating Company and Former Chrome 13 Health and SafetyPlan Crankshaft Company
GSI Job No.: 5550
Issued: September 14, 2022
Eating, drinking, smoking, gum chewing and oral tobacco use are not permitted in areas where chemical exposure could occur.
Workers must remove gloves in the work area and drink from a water source outside the immediate work zone.
PPE must be removed and hands thoroughly washed prior to breaking for meals.
5.4.10 Other Potential Hazards
List other potential hazards associated with the site and/or specific tasks and describe hazard mitigation methods.
Exercise extreme caution when working near or around the drill rig and other heavy machinery.
Make sure the equipment operator can see where you are, especially when the equipment is being moved from one location to the next.
Vehicle Hazards:
During off-Site activities adjacent to streets, access will be controlled through placement of drilling equipment and traffic control services in combination with delineators and caution tape, as needed to prevent public access.
Noise Hazards:
If necessary, noise monitoring will occur using a personal sound and noise level meter (such as the Casella CEL-490) to determine the 8-hour time weighted average (TWA) of noise hazards and if further monitoring is necessary. Based on the field activities described above, it is not likely that the 8-hour TWA will exceed 85 dBA, and that routine monitoring will be necessary.
Ionizing Radiation Hazards:
No ionizing radiation or radiological hazards are anticipated at the Site. No background information is available to suggest radiological materials were used or disposed of at the Site.
Heat-Related Illness:
To prevent heat-related illness, take frequent breaks and drink plenty of fluids throughout the day, and apply sunscreen.
J&S Chrome Plating Company and Former Chrome 14 Health and SafetyPlan Crankshaft Company
GSI Job No.: 5550
Issued: September 14, 2022
6.0 AIR QUALITY MONITORING
A PID will be used to monitor worker’s breathing zone during drilling and sampling procedures. In the event that sustained levels (1 minute) of 5 ppm is measured in the breathing zone (above background levels), stop work, move off Site and notify the PTL/PIC. Adjustments to the field practice such as ventilation and engineering controls will be implemented as needed prior to returning to the field activities. If respirators are worn, workers must adhere to the Respiratory Protection Plan included in the EHS Program Manual and 8 CCR 5144.
Changeout of respirator filtration cartridges shall be conducted per the manufacturer recommended service life schedule. Should respirators be required, a changeout schedule will be determined based upon COC concentrations observed as well as the work rate, ambient temperature, atmospheric pressure, and relative humidity. At a minimum cartridge changeouts shall be conducted once per day.
Air quality monitoring will be performed by the SSO to 1) screen recovered soil and 2) monitoring air quality in work areas.
6.1 Air Monitoring Instrument
X Photoionization Detector (PID) MiniRAE 3000 or equivalent (lamp - 10.6 eV) Drager Tube (specify compound & use)
Personal Badges (specify compound & use)
Lower Explosive Level (LEL) Meter
6.2 Monitoring Frequency and Location
6.2.1 SCAQMD Rule 1166
SCAQMD Rule 1166 is not applicable to this scope of work.
6.2.2 SCAQMD Rule 1466
SCAQMD Rule 1466 is not applicable to this scope of work.
J&S Chrome Plating Company and Former Chrome 15 Health and SafetyPlan Crankshaft Company
GSI Job No.: 5550
Issued: September 14, 2022
7.0 PERSONAL PROTECTIVE EQUIPMENT (PPE)
Only Level D PPE will be required for this project.
7.1 Level D PPE
A minimum of Level D PPE is required for all site personnel at all times, upgraded as necessary depending on task and conditions.
Basic Level D PPE shall include the following elements:
1) Hard Hat (w/ mono goggles)
2) Safety Glasses (w/side shields)
3) Safety Shoes (w/steel toes)
4) Body Covering (long pants, shirt w/ sleeves, collar) Basic Level D equipment will be supplemented as described in the following section.
7.2 Supplemental Level D PPE
Needed Item When/Where to be Used
Flame Retardant Clothing (FRC)
When using heavy equipment or if standing
X Hearing Protection
in the vicinity of heavy equipment
X Work gloves While handling equipment (e.g. cut resistant) Latex or vinyl surgical gloves
While handling samples or sampling
X Neoprene or Nitrile gloves
equipment
Tyvek Coveralls
Polycoat Tyvek Coveralls
Chemical-resistant boots
Face Shield
X Reflective High Visibility Vest While on Site
7.3 Level C PPE
No Level C work is expected to be performed on this project.
7.4 Level B PPE
No Level B work is expected to be performed on this project.
J&S Chrome Plating Company and Former Chrome 16 Health and SafetyPlan Crankshaft Company
GSI Job No.: 5550
Issued: September 14, 2022
8.0 DECONTAMINATION PROTOCOL
Specify procedures for personnel decontamination and management of disposable PPE.
Procedures for personnel decontamination include washing hands thoroughly before leaving the Site or eating.
Reusable downhole sampling equipment will be decontaminated using steam cleaner or a solution of laboratory-grade detergent (such as Alconox) and potable water and rinsed with potable water. Investigation-derived waste (IDW), such as soil cuttings, decontamination water, and purge water will be containerized, stored in a secure area pending waste characterization and disposed of at approved off-Site disposal facilities. Other waste streams generated on Site (i.e., nitrile gloves, paper towels, etc.) will be placed in trash bags, and disposed according to state and local regulations.
Specify procedures for response to non-emergency chemical release.
No chemicals will be used during this project. However, in the event of a release of chemicals, a sorbent material, such as bentonite, will be applied to contain the spill. The GSI project manager, client project manager, and a facility representative will be immediately notified.
J&S Chrome Plating Company and Former Chrome 17 Health and SafetyPlan Crankshaft Company
GSI Job No.: 5550
Issued: September 14, 2022
9.0 ADDITIONAL INFORMATION
Provide any additional information, procedures, or instructions as needed.
GSI will conduct a review of the site-specific Health and Safety Plan with subcontractors and other personnel on-site before the project is started. The SSO will record items discussed on the Daily Site Safety Record (Attachment 1). As a means of tracking attendance, all site personnel are expected to review and sign the HASP. The SSO will track onsite / offsite times on the Daily Site Safety Record. After lunch each day, GSI will hold a brief meeting to discuss any safety issues encountered during the morning hours that needs to be addressed in the afternoon, and to refresh all field personnel on the safety issues associated with the project tasks.
A public restroom with a handwashing station (soap and potable water) that is regularly cleaned is available at 6662 Loveland St, Bell Gardens, CA to the west of the Site. If a hand washing station is not available on the field truck, GSI personnel and subcontractors may use this sanitation facility during work at the Site. Additionally, during drilling activities portable restrooms and washing stations will be available for use on Site. Bottled drinking water will be brought on Site by field personnel and stored in the field truck.
At the conclusion of each workday, the SSO will complete the Daily Site Safety Record form.
J&S Chrome Plating Company and Former Chrome 18 Health and SafetyPlan Crankshaft Company
GSI Job No.: 5550
FIGURES
GSI Job No.: 5550
ATTACHMENTS
GSI Job No.: 5550
ATTACHMENT 1
4 “I have visually inspected the site for
proper housekeeping, absence of slip or trip hazards, etc.” “I have been properly trained on the use of this equipment. I have inspected this equipment and confirmed it to be in good working condition.”
4 4
GSI Job No.: 5550
ATTACHMENT
The National Institute for Occupational Safety and Health (NIOSH) NIOSH Pocket Guide to Chemical Hazards
Synonyms & Trade Names
Chrome, Chromium
CAS No.RTECS No.DOT ID & Guide
7440-47-3GB4200000
FormulaConversionIDLH
3 Cr250 mg/m(as Cr)
See: 7440473
Exposure LimitsMeasurement Methods
NIOSH REL
NIOSH 7024, 7300, 7301, 7303,
3 TWA 0.5 mg/mSee Appendix C
9102;
OSHA PEL
OSHA ID121
3 TWA 1 mg/mSee Appendix C\[*Note:
( https://www.osha.gov/dts/sltc/methods/inorg
The PEL also applies to insoluble
anic/id121/id121.html), ID125G
chromium salts.\]
( https://www.osha.gov/dts/sltc/methods/inorg
anic/id125g/id125g.html)
See: NMAMor OSHA Methods
( https://www.osha.gov/dts/sltc/methods/index .
html)
Physical Description
Blue-white to steel-gray, lustrous, brittle, hard, odorless solid.
MoleculBoiling Melting SolubiliVapor Ionizati
ar PointPointtyPressuron
WeightePotenti
al
4788°3452°Insolu
52.0 FFble
0NA
mmH
g
(appro
x)
Specific Flash Upper Lower
GravityPointExposivExplosi
e Limitve Limit
7.14NA
NANA
Noncombustible Solid in bulk form, but finely divided dust burns rapidly if heated in a flame.
Incompatibilities & Reactivities
Strong oxidizers (such as hydrogen peroxide), alkalis
Exposure Routes
inhalation, ingestion, skin and/or eye contact
Symptoms
irritation eyes, skin; lung fibrosis (histologic)
Target Organs
Eyes, skin, respiratory system
Personal Protection/SanitationFirst Aid
(See protection codes) (See procedures)
Skin:No recommendation Eye:Irrigate immediately
Eyes:No recommendation Skin:Soap wash
Wash skin:No recommendation Breathing:Respiratory support Remove:No recommendation Swallow:Medical attention
Change:No recommendationimmediately
Respirator Recommendations
NIOSH
3 Up to 2.5 mg/m:
(APF = 5) Any quarter-mask respirator.
Click herefor information on selection of N, R, or P filters.*
3 Up to 5 mg/m:
(APF = 10) Any particulate respirator equipped with an N95, R95, or P95 filter (including N95, R95, and P95 filtering facepieces) except quarter-mask respirators.
The following filters may also be used: N99, R99, P99, N100, R100, P100.
Click herefor information on selection of N, R, or P filters.* (APF = 10) Any supplied-air respirator*
3 Up to 12.5 mg/m:
(APF = 25) Any supplied-air respirator operated in a continuous-flow mode* (APF = 25) Any powered, air-purifying respirator with a high-efficiency particulate filter.*
3 Up to 25 mg/m:
(APF = 50) Any air-purifying, full-facepiece respirator with an N100, R100, or P100 filter.
Click herefor information on selection of N, R, or P filters. (APF = 50) Any powered, air-purifying respirator with a tight-fitting facepiece and a high-efficiency particulate filter*
(APF = 50) Any self-contained breathing apparatus with a full facepiece (APF = 50) Any supplied-air respirator with a full facepiece 3 Up to 250 mg/m:
(APF = 2000) Any supplied-air respirator that has a full facepiece and is operated in a pressure-demand or other positive-pressure mode
Emergency or planned entry into unknown concentrations or IDLH conditions:
(APF = 10,000) Any self-contained breathing apparatus that has a full facepiece and is operated in a pressure-demand or other positive-pressure mode (APF = 10,000) Any supplied-air respirator that has a full facepiece and is operated in a pressure-demand or other positive-pressure mode in combination with an auxiliary self-contained positive-pressure breathing apparatus
Escape:
(APF = 50) Any air-purifying, full-facepiece respirator with an N100, R100, or P100 filter.
Click herefor information on selection of N, R, or P filters.
Any appropriate escape-type, self-contained breathing apparatus Important additional information about respirator selection See also
INTRODUCTION ICSC CARD: 0029( https://www.ilo.org/dyn/icsc/showcard.display ? p_lang=en&p_card_id=0029&p_version=2)
Page last reviewed: November 29, 2018
Contentsource: National Institute for Occupational Safety and Health
The National Institute for Occupational Safety and Health (NIOSH)
Lead
Synonyms & Trade Names
Lead metal, Plumbum
CAS No.RTECS No.DOT ID & Guide
7439-92-1 OF7525000
FormulaConversionIDLH
3 Pb100 mg/m(as Pb)
See: 7439921
Exposure LimitsMeasurement Methods
NIOSH REL
NIOSH7082, 7105, 7300, 7301, 7303, 7700, 7701,
3 TWA (8-hour) 0.050 mg/mSee Appendix C\[*Note: The
7702, 9100, 9102, 9105;
REL also applies to other lead compounds (as Pb) --
OSHAID206, ID121, ID125G
see Appendix C.\]
See: NMAMor OSHA Methods
OSHA PEL
3 \[1910.1025\] TWA 0.050 mg/mSee Appendix C\[*Note:
The PEL also applies to other lead compounds (as Pb) -
- see Appendix C.\]
Physical Description
A heavy, ductile, soft, gray solid.
Molecular Boiling PointMelting PointSolubilityVapor Ionization WeightPressurePotential
3164°F621°FInsoluble
207.20 mmHg NA
(approx)
Flash Point
Specific Upper Lower
NA
GravityExposive Explosive
LimitLimit
11.34 NANA
Noncombustible Solid in bulk form.
Incompatibilities & Reactivities
Strong oxidizers, hydrogen peroxide, acids
Exposure Routes
inhalation, ingestion, skin and/or eye contact
Symptoms
lassitude (weakness, exhaustion), insomnia; facial pallor; anorexia, weight loss, malnutrition; constipation, abdominal pain, colic; anemia; gingival lead line; tremor; paralysis wrist, ankles; encephalopathy; kidney disease; irritation eyes; hypertension
Target Organs
Eyes, gastrointestinal tract, central nervous system, kidneys, blood, gingival tissue Personal Protection/SanitationFirst Aid
(See protection codes) (See procedures)
Skin:Prevent skin contactEye:Irrigate immediately
Eyes:Prevent eye contactSkin:Soap flush promptly
Wash skin:DailyBreathing:Respiratory support
Remove:When wet or contaminatedSwallow:Medical attention immediately Change:Daily
Respirator Recommendations
(See Appendix E)
NIOSH/OSHA
3 Up to 0.5 mg/m:
(APF = 10) Any air-purifying respirator with an N100, R100, or P100 filter (including N100, R100, and P100 filtering facepieces) except quarter-mask respirators.
Click herefor information on selection of N, R, or P filters. (APF = 10) Any supplied-air respirator
3 Up to 1.25 mg/m:
(APF = 25) Any supplied-air respirator operated in a continuous-flow mode (APF = 25) Any powered, air-purifying respirator with a high-efficiency particulate filter. 3 Up to 2.5 mg/m:
(APF = 50) Any air-purifying, full-facepiece respirator with an N100, R100, or P100 filter.
Click herefor information on selection of N, R, or P filters. (APF = 50) Any supplied-air respirator that has a tight-fitting facepiece and is operated in a continuous-flow mode (APF = 50) Any powered, air-purifying respirator with a tight-fitting facepiece and a high-efficiency particulate filter (APF = 50) Any self-contained breathing apparatus with a full facepiece (APF = 50) Any supplied-air respirator with a full facepiece 3 Up to 50 mg/m:
(APF = 1000) Any supplied-air respirator operated in a pressure-demand or other positive-pressure mode 3 Up to 100 mg/m:
(APF = 2000) Any supplied-air respirator that has a full facepiece and is operated in a pressure-demand or other positive-pressure mode
Emergency or planned entry into unknown concentrations or IDLH conditions:
(APF = 10,000) Any self-contained breathing apparatus that has a full facepiece and is operated in a pressure-demand or other positive-pressure mode
(APF = 10,000) Any supplied-air respirator that has a full facepiece and is operated in a pressure-demand or other positive-pressure mode in combination with an auxiliary self-contained positive-pressure breathing apparatus Escape:
(APF = 50) Any air-purifying, full-facepiece respirator with an N100, R100, or P100 filter.
Click herefor information on selection of N, R, or P filters.
Any appropriate escape-type, self-contained breathing apparatus Important additional information about respirator selection See also
INTRODUCTION ICSC CARD: 0052MEDICAL TESTS: 0127
Page last reviewed: November 29, 2018
Content source: National Institute for Occupational Safety and Health
GSI Job No.: 5550
ATTACHMENT
Isobutylene
Safety Data SheetP-4614
This SDS conforms to U.S. Code of Federal Regulations 29 CFR 1910.1200, Hazard Communication.
Date of issue: 01/01/1979Revision date: 10/17/2016Supersedes: 02/27/2015 SECTION: 1. Product and company identification
1.1.Product identifier
Product form:Substance
Name:Isobutylene
CAS No:115-11-7
Formula:C4H8 / CH2=C(CH3)2
Other means of identification:Isobutene, 2-methylpropene
1.2.Relevant identified uses of the substance or mixture and uses advised against Use of the substance/mixture:Industrial use. Use as directed.
1.3.Details of the supplier of the safety data sheet
Praxair, Inc.
10 Riverview Drive
Danbury, CT 06810-6268 -USA
T 1-800-772-9247 (1-800-PRAXAIR) -F 1-716-879-2146
www.praxair.com
1.4.Emergency telephone number
Emergency number:Onsite Emergency: 1-800-645-4633
CHEMTREC, 24hr/day 7days/week
Within USA: 1-800-424-9300, Outside USA: 001-703-527-3887 (collect calls accepted, Contract 17729)
SECTION 2: Hazard identification
2.1.Classification of the substance or mixture
GHS-US classification
Flam. Gas 1H220
Liquefied gasH280
2.2.Label elements
GHS-US labeling
Hazard pictograms (GHS-US):
GHS02GHS04
Signal word (GHS-US):DANGER
Hazard statements (GHS-US):H220 -EXTREMELY FLAMMABLE GAS H280 -CONTAINS GAS UNDER PRESSURE; MAY EXPLODE IF HEATED OSHA-H01 -MAY DISPLACE OXYGEN AND CAUSE RAPID SUFFOCATION CGA-HG04 -MAY FORM EXPLOSIVE MIXTURES WITH AIR
CGA-HG01 -MAY CAUSE FROSTBITE
Precautionary statements (GHS-US):P202 -Do not handle until all safety precautions have been read and understood P210 -Keep away from Heat, Open flames, Sparks, Hot surfaces. -No smoking P271+P403 -Use and store only outdoors or in a well-ventilated place P377 -Leaking gas fire: Do not extinguish, unless leak can be stopped safely P381 -Eliminate all ignition sources if safe to do so
CGA-PG05 -Use a back flow preventive device in the piping CGA-PG12 -Do not open valve until connected to equipment prepared for use CGA-PG06 -Close valve after each use and when empty
CGA-PG11 -Never put cylinders into unventilated areas of passenger vehicles CGA-PG02 -Protect from sunlight when ambient temperature exceeds 52°C (125°F) 1/9
EN(English US)SDS ID: P-4614
This document is only controlled whileon the Praxair, Inc. website and a copy of this controlled version is available for download. Praxair cannot assure the integrity or accuracy of any version of this document after it has been downloaded or removed from our website.
Isobutylene
Safety Data SheetP-4614
This SDS conforms to U.S. Code of Federal Regulations 29 CFR 1910.1200, Hazard Communication.
Date of issue: 01/01/1979Revision date: 10/17/2016Supersedes: 02/27/2015
2.3.Other hazards
Other hazards not contributing to the :None.
classification
2.4.Unknown acute toxicity (GHS US)
No data available
SECTION 3: Composition/Information on ingredients
3.1.Substance
NameProduct identifier%
Isobutylene(CAS No)115-11-7100
(Main constituent)
3.2.Mixture
Not applicable
SECTION 4: First aid measures
4.1.Description of first aid measures
First-aid measures after inhalation:Remove to fresh air and keep at rest in a position comfortable for breathing. If not breathing, give artificial respiration. If breathing is difficult, trained personnel should give oxygen. Call a physician.
First-aid measures after skin contact:The liquid may cause frostbite. For exposure to liquid, immediately warm frostbite area with warm water not to exceed 105°F (41°C). Water temperature should be tolerable to normal skin. Maintain skin warming for at least 15 minutes or until normal coloring and sensation have returned to the affected area. In caseof massive exposure, remove clothing while showering with warm water. Seek medical evaluation and treatment as soon as possible.
First-aid measures after eye contact:Immediately flush eyes thoroughly with water for at least 15 minutes. Hold the eyelidsopen and away from the eyeballs to ensure that all surfaces are flushed thoroughly. Contact an ophthalmologist immediately.
First-aid measures after ingestion:Ingestion is not considered a potential route of exposure.
4.2.Most important symptoms and effects, both acute and delayed No additional information available
4.3.Indication of any immediate medical attention and special treatment needed None.
SECTION 5: Firefighting measures
5.1.Extinguishing media
Suitable extinguishing media:Carbon dioxide, Dry chemical, Water spray or fog.
5.2.Special hazards arising from the substance or mixture EXTREMELY FLAMMABLE GAS. If venting or leaking gas catches fire, do not extinguish Fire hazard:
flames. Flammable vapors may spread from leak, creating an explosive reignition hazard.
Vapors can be ignited by pilot lights, other flames, smoking, sparks, heaters, electrical equipment, static discharge, or other ignition sources at locations distant from product handling point. Explosive atmospheres may linger. Before entering an area, especially a confined area, check the atmosphere with an appropriate device.
Explosion hazard:EXTREMELY FLAMMABLE GAS. Forms explosive mixtures with air and oxidizing agents.
Reactivity:No reactivity hazard other than theeffects described in sub-sections below.
5.3.Advice for firefighters
Firefighting instructions:DANGER: FLAMMABLE LIQUID AND VAPOR.Evacuate all personnel from danger area. Use self-contained breathing apparatus. Immediately cool surrounding containers with water spray from maximum distance, taking care not to extinguish flames. Avoid spreading burning liquid with water. Remove ignition sources if safe to do so. If flames are accidentally extinguished, explosive reignition may occur. Reduce vapors withwater spray or fog. Stop flow of liquid if safe to do so, while continuing cooling water spray. Remove all containers from area of fire if safe to do so. Allow fire to burn out. On-site fire brigades must comply with OSHA 29 CFR 1910.156 and applicable standards under 29 CFR 1919 Subpart L -Fire Protection.
EN(English US)SDS ID: P-46142/9
This document is only controlled whileon the Praxair, Inc. website and a copy of this controlled version is available for download. Praxair cannot assure the integrity or accuracy of any version of this document after it has been downloaded or removed from our website.
Isobutylene
Safety Data SheetP-4614
This SDS conforms to U.S. Code of Federal Regulations 29 CFR 1910.1200, Hazard Communication.
Date of issue: 01/01/1979Revision date: 10/17/2016Supersedes: 02/27/2015 Special protective equipment for fire fighters:Standard protective clothing and equipment (Self Contained Breathing Apparatus) for fire fighters.
Other information:Containers are equipped with a pressure relief device. (Exceptionsmay exist where authorized by DOT.).
SECTION 6: Accidental release measures
6.1.Personal precautions, protective equipment and emergency procedures DANGER: Flammable, liquefied gas. FORMS EXPLOSIVE MIXTURES WITH AIR.
General measures:
Immediately evacuate all personnel from danger area. Use self-contained breathing apparatus where needed. Remove all sources of ignition if safe to do so. Reduce vapors with fog or fine water spray, taking care not to spread liquid with water. Shut off flow if safe to do so. Ventilate area or move container to a well-ventilated area. Flammable vapors may spread from leak and could explode if reignited by sparks or flames. Explosive atmospheres may linger. Before entering area, especially confined areas, check atmosphere with an appropriate device.
6.1.1.For non-emergency personnel
No additional information available
6.1.2.For emergency responders
No additional information available
6.2.Environmental precautions
Try to stop release. Prevent waste from contaminating the surrounding environment. Prevent soil and water pollution. Dispose of contents/container in accordance with local/regional/national/international regulations. Contact supplier for any special requirements.
6.3.Methods and material for containment and cleaning up No additional information available
6.4.Reference to other sections
See also sections 8 and 13.
SECTION 7: Handling and storage
7.1.Precautions for safe handling
Precautions for safe handling:Keep away from heat, hot surfaces, sparks,open flames and other ignition sources. No smoking. Use only non-sparking tools. Use only explosion-proof equipment Wear leather safety gloves and safety shoes when handling cylinders. Protect cylinders from physical damage; do not drag, roll, slide or drop. While moving cylinder, always keep in place removable valve cover. Never attempt to lift a cylinder by its cap; the cap is intended solely to protect the valve. When moving cylinders, even for short distances, usea cart (trolley, hand truck, etc.) designed to transport cylinders. Never insert an object (e.g, wrench, screwdriver, pry bar) into cap openings; doing so may damage the valve and cause a leak. Use an adjustable strap wrench to remove over-tight or rusted caps. Slowly open the valve. If the valve is hard to open, discontinue use and contact your supplier. Close the container valve after each use; keep closed even when empty. Never apply flame or localized heat directly to any part of the container. High temperatures may damage the container and could cause the pressure relief device to fail prematurely, venting the container contents. For other precautions in using this product, see section 16.
EN(English US)SDS ID: P-46143/9
This document is only controlled whileon the Praxair, Inc. website and a copy of this controlled version is available for download. Praxair cannot assure the integrity or accuracy of any version of this document after it has been downloaded or removed from our website.
Isobutylene
Safety Data SheetP-4614
This SDS conforms to U.S. Code of Federal Regulations 29 CFR 1910.1200, Hazard Communication.
Date of issue: 01/01/1979Revision date: 10/17/2016Supersedes: 02/27/2015
7.2.Conditions for safe storage, including any incompatibilities Storage conditions:
packages and protect against potential fire and/or explosion damage following appropriate codes and requirements (e.g, NFPA 30, NFPA 55, NFPA 70, and/or NFPA 221 in the U.S.) or according to requirements determined by the Authority Having Jurisdiction (AHJ). Always secure containers upright to keep them from falling or being knocked over. Install valve protection cap, if provided, firmly in place by hand when the container is not in use. Store full and empty containers separately. Use a first-in, first-out inventory system to prevent storing full containersfor long periods. For other precautions in using this product, see section 16 OTHER PRECAUTIONS FOR HANDLING, STORAGE, AND USE: When handling product under pressure, use piping and equipment adequately designed to withstand the pressures to be encountered. Never work on a pressurized system. Use a back flow preventive device in the piping. Gases can cause rapid suffocation because of oxygen deficiency; store and use with adequate ventilation. If a leak occurs, close the container valve and blow down the system in a safe and environmentally correct manner in compliance with all international, federal/national, state/provincial, and local laws; then repair the leak. Never place a container where it may become part of an electrical circuit.
7.3.Specific end use(s)
None.
SECTION 8: Exposure controls/personal protection
8.1.Control parameters
Isobutylene (115-11-7)
ACGIHACGIH TLV-TWA (ppm)250 ppm
8.2.Exposure controls
Appropriate engineering controls:Use an explosion-proof local exhaust system. Local exhaust and general ventilation must be adequate to meet exposure standards. MECHANICAL (GENERAL): Inadequate -Use only in a closed system.Use explosion proof equipment and lighting.
Eye protection:Wear safety glasses when handling cylinders; vapor-proof goggles and a face shield during cylinder changeout or whenever contact with product is possible. Select eye protection in accordance with OSHA 29 CFR 1910.133.
Skin and body protection:Wear metatarsal shoes and work gloves for cylinder handling, and protective clothing where needed. Wear appropriate chemical gloves during cylinder changeout or wherever contact with product is possible. Select per OSHA 29 CFR 1910.132, 1910.136, and 1910.138.
Respiratory protection:When workplace conditions warrant respirator use, follow a respiratory protection program that meets OSHA 29 CFR 1910.134, ANSI Z88.2, or MSHA 30 CFR 72.710 (where applicable).
Use an air-supplied or air-purifying cartridge if the action level is exceeded. Ensure that the respirator has the appropriate protection factor for the exposure level. If cartridge type respirators are used, the cartridge must be appropriate for the chemical exposure. For emergencies or instances with unknown exposure levels, use a self-contained breathing apparatus (SCBA).
Thermal hazard protection:Wear cold insulating gloves when transfilling or breaking transfer connections.
SECTION 9: Physical and chemical properties
9.1.Information on basic physical and chemical properties Physical state:Gas
Molecular mass:56 g/mol
Color:Colorless.
Odor:Poor warning properties at low concentrations. Sweetish.
Odor threshold:Odor threshold is subjective and inadequate to warn for overexposure. pH:Not applicable.
Relative evaporation rate (butyl acetate=1):No data available Relative evaporation rate (ether=1):Not applicable.
Melting point:-140.3 °C
Freezing point:No data available
EN(English US)SDS ID: P-46144/9
This document is only controlled whileon the Praxair, Inc. website and a copy of this controlled version is available for download. Praxair cannot assure the integrity or accuracy of any version of this document after it has been downloaded or removed from our website.
Isobutylene
Safety Data SheetP-4614
This SDS conforms to U.S. Code of Federal Regulations 29 CFR 1910.1200, Hazard Communication.
Date of issue: 01/01/1979Revision date: 10/17/2016Supersedes: 02/27/2015 Boiling point:-6.9 °C
Flash point:-80 °C (closed cup)
Critical temperature:144.7 °C
Auto-ignition temperature:465 °C
Decomposition temperature:No data available
Flammability (solid, gas):1.8 -8.8 vol %
Vapor pressure:260 kPa
Critical pressure:4000 kPa
Relative vapor density at 20 °C:No data available
Relative density:0.63
Density:0.599 g/cm³ (at 20 °C)
Relative gas density:2
Solubility:Water: 388 mg/l
Log Pow:2.35
Log Kow:Not applicable.
Viscosity, kinematic:Not applicable.
Viscosity, dynamic:Not applicable.
Explosiveproperties:Not applicable.
Oxidizing properties:None.
Explosion limits:No data available
9.2.Other information
Gas group:Liquefied gas
Additional information:Gas/vapor heavier than air. May accumulate in confined spaces, particularlyat or below ground level
SECTION 10: Stability and reactivity
10.1.Reactivity
No reactivity hazard other than the effects described in sub-sections below.
10.2.Chemical stability
Stable under normal conditions.
10.3.Possibility of hazardous reactions
May occur.
10.4.Conditions to avoid
High temperature. Catalyst.
10.5.Incompatible materials
Halogens. Oxidizing agents. Acids.
10.6.Hazardous decomposition products
Thermal decomposition may produce : Carbon monoxide. Carbon dioxide.
SECTION 11: Toxicological information
11.1.Information on toxicological effects
Acute toxicity:Not classified
Isobutylene ( \\f )115-11-7
LC50 inhalation rat (mg/l)620 mg/l/4h
LC50 inhalation rat (ppm)541657 ppm/1h
ATE US (gases)270828.500 ppmV/4h
ATE US (vapors)620.000 mg/l/4h
ATE US (dust, mist)620.000 mg/l/4h
EN(English US)SDS ID: P-46145/9
This document is only controlled whileon the Praxair, Inc. website and a copy of this controlled version is available for download. Praxair cannot assure the integrity or accuracy of any version of this document after it has been downloaded or removed from our website.
Isobutylene
Safety Data SheetP-4614
This SDS conforms to U.S. Code of Federal Regulations 29 CFR 1910.1200, Hazard Communication.
Date of issue: 01/01/1979Revision date: 10/17/2016Supersedes: 02/27/2015 Skin corrosion/irritation:Not classified
pH: Not applicable.
Serious eye damage/irritation:Not classified
pH: Not applicable.
Respiratory or skin sensitization:Not classified
Germ cellmutagenicity:Not classified
Carcinogenicity:Not classified
Isobutylene (115-11-7)
National Toxicology Program (NTP) Status1 -Evidence of Carcinogenicity Reproductive toxicity:Not classified
Specific target organ toxicity (single exposure):Not classified Specific target organ toxicity (repeated :Not classified exposure)
Aspiration hazard:Not classified
SECTION 12: Ecological information
12.1.Toxicity
Ecology -general:No known ecological damage caused by this product.
12.2.Persistence and degradability
Isobutylene (115-11-7)
Persistence and degradabilityThe substance is biodegradable. Unlikely to persist.
12.3.Bioaccumulative potential
Isobutylene (115-11-7)
Log Pow2.35
Log KowNot applicable.
Bioaccumulative potentialNot expected to bioaccumulate due to the low log Kow (log Kow < 4). Refer to section 9.
12.4.Mobility in soil
Isobutylene (115-11-7)
Mobility in soilNo data available.
Ecology -soilBecause of its high volatility, the product is unlikely to cause ground or water pollution.
12.5.Other adverse effects
Effect on ozone layer:None
Effect on the global warming:No known effects from this product SECTION 13: Disposal considerations
13.1.Waste treatment methods
Waste disposal recommendations:Do not attempt to dispose of residual or unused quantities. Return container to supplier.
SECTION 14: Transport information
In accordance with DOT
Transport document description:UN1055 Isobutylene, 2.1
UN-No.(DOT):UN1055
Proper Shipping Name (DOT):Isobutylene
Class (DOT):2.1 -Class 2.1 -Flammable gas 49 CFR 173.115 EN(English US)SDS ID: P-46146/9
This document is only controlled whileon the Praxair, Inc. website and a copy of this controlled version is available for download. Praxair cannot assure the integrity or accuracy of any version of this document after it has been downloaded or removed from our website.
Isobutylene
Safety Data SheetP-4614
This SDS conforms to U.S. Code of Federal Regulations 29 CFR 1910.1200, Hazard Communication.
Date of issue: 01/01/1979Revision date: 10/17/2016Supersedes: 02/27/2015 Hazard labels (DOT):2.1 -Flammable gas
DOT Special Provisions (49 CFR 172.102):19 -For domestic transportation only, the identification number UN1075 may be used in place of the identification number specified in column (4) of the 172.101 table. The identification number used must be consistent on package markings, shipping papers and emergency response information
T50 -When portable tank instruction T50 is referenced in Column (7) of the 172.101 Table, the applicable liquefied compressed gases are authorized to be transported in portable tanks in accordance with the requirements of 173.313 of this subchapter Additional information
Emergency Response Guide (ERG) Number:115 (UN1055)
Other information:No supplementary information available.
Special transport precautions:Avoid transport on vehicles where the load space is not separated from the driver's compartment. Ensure vehicle driver is aware of the potential hazards of the load and knows what to do in the event of an accident or an emergency. Before transporting product containers:
-Ensure there is adequate ventilation. -Ensure that containers are firmly secured. -Ensure cylinder valve is closed andnot leaking. -Ensure valve outlet cap nut or plug (where provided) is correctly fitted. -Ensure valve protection device (where provided) is correctly fitted.
Transport by sea
UN-No. (IMDG):1055
Proper Shipping Name (IMDG):ISOBUTYLENE
Class (IMDG):2 -Gases
MFAG-No:115
Air transport
UN-No. (IATA):1055
Proper Shipping Name (IATA):Isobutylene
Class (IATA):2
Civil Aeronautics Law:Gases under pressure/Gases flammable under pressure SECTION 15: Regulatory information
15.1. US Federal regulations
Isobutylene(115-11-7)
Listed on the United States TSCA (Toxic Substances ControlAct) inventory SARA Section 311/312 Hazard ClassesImmediate (acute) health hazard Delayed (chronic) health hazard
Sudden release of pressure hazard
Fire hazard
15.2. International regulations
CANADA
Isobutylene(115-11-7)
Listed on the Canadian DSL (Domestic Substances List)
EU-Regulations
EN(English US)SDS ID: P-46147/9
This document is only controlled whileon the Praxair, Inc. website and a copy of this controlled version is available for download. Praxair cannot assure the integrity or accuracy of any version of this document after it has been downloaded or removed from our website.
Isobutylene
Safety Data SheetP-4614
This SDS conforms to U.S. Code of Federal Regulations 29 CFR 1910.1200, Hazard Communication.
Date of issue: 01/01/1979Revision date: 10/17/2016Supersedes: 02/27/2015 Isobutylene(115-11-7)
Listed on the EEC inventory EINECS (European Inventory of Existing Commercial Chemical Substances)
15.2.2.National regulations
Isobutylene(115-11-7)
Listed on the AICS (Australian Inventory of Chemical Substances) Listed on IECSC (Inventory of Existing Chemical Substances Produced or Imported in China) Listed on the Japanese ENCS (Existing & New Chemical Substances) inventory Listed on the Korean ECL (Existing Chemicals List)
Listed on NZIoC (New Zealand Inventory of Chemicals)
Listed on PICCS (Philippines Inventory of Chemicals and Chemical Substances) Listed on INSQ (Mexican National Inventory of Chemical Substances)
15.3. US State regulations
Isobutylene(115-11-7)
U.S. -California -Proposition 65 -Carcinogens ListNo
U.S. -California -Proposition 65 -Developmental No
Toxicity
U.S. -California -Proposition 65 -Reproductive No
Toxicity -Female
U.S. -California -Proposition 65 -Reproductive No
Toxicity -Male
State or local regulations U.S. -Massachusetts -Right To Know List U.S. -New Jersey -Right to Know Hazardous Substance List U.S. -Pennsylvania -RTK (Right to Know) List
SECTION 16: Other information
Other information:When you mix two or more chemicals, you can create additional, unexpected hazards. Obtain and evaluate the safety information for each component before you produce the mixture.
Consult an industrial hygienist or other trained person when you evaluate the end product.
Before using any plastics, confirm their compatibility with this product Praxair asks users of this product to study this SDS and become aware of the product hazards and safety information. To promote safe use of this product, a user should (1) notify employees, agents, and contractors of the information in this SDS and of any other known product hazards and safetyinformation, (2) furnish this information to each purchaser of the product, and (3) ask each purchaser to notify its employees and customers of the product hazards and safety information
The opinions expressed herein are those of qualified experts withinPraxair, Inc. We believe that the information contained herein is current as of the date of this Safety Data Sheet. Since the use of this information and the conditions of use are not within the control of Praxair, Inc, it is the user's obligation to determine the conditions of safe use of the product Praxair SDSs are furnished on sale or delivery by Praxair or the independent distributors and suppliers who package and sell our products. To obtain current SDSs for these products, contact your Praxair sales representative, local distributor, or supplier, or download from www.praxair.com . If you have questions regarding Praxair SDSs, would like the document number and date of the latest SDS, or would like the names of the Praxair suppliers in your area, phone or write the Praxair Call Center (Phone: 1-800-PRAXAIR/1-800-772-9247; Address: Praxair Call Center, Praxair, Inc, P.O. Box 44, Tonawanda, NY 14151-0044) PRAXAIR and the Flowing Airstream design are trademarks or registered trademarks of Praxair Technology, Inc. in the United States and/or other countries.
EN(English US)SDS ID: P-46148/9
This document is only controlled whileon the Praxair, Inc. website and a copy of this controlled version is available for download. Praxair cannot assure the integrity or accuracy of any version of this document after it has been downloaded or removed from our website.
Isobutylene
Safety Data SheetP-4614
This SDS conforms to U.S. Code of Federal Regulations 29 CFR 1910.1200, Hazard Communication.
Date of issue: 01/01/1979Revision date: 10/17/2016Supersedes: 02/27/2015 NFPA health hazard:2 -Intense or continued exposure could cause temporary incapacitation or possible residual injury unless prompt medical attention is given.
NFPA fire hazard:4 -Will rapidly or completely vaporize at normal pressure and temperature, or is readily dispersed in air and will burn readily.
NFPA reactivity:1 -Normally stable, but can become unstable at elevated temperatures and pressures or may react with water with somerelease of energy, but not violently.
HMIS III Rating
Health:1 Slight Hazard -Irritation or minor reversible injury possible Flammability:4 Severe Hazard
Physical:2 Moderate Hazard
SDS US (GHS HazCom 2012) -Praxair
This information is based on our current knowledge and is intended to describe the product for the purposes of health, safety and environmental requirements only. It should not therefore be construed as
guaranteeing any specific property of the product.
EN(English US)SDS ID: P-46149/9
This document is only controlled whileon the Praxair, Inc. website and a copy of this controlled version is available for download. Praxair cannot assure the integrity or accuracy of any version of this document after it has been downloaded or removed from our website.
Methanol
Safety Data Sheet
according to Federal Register / Vol. 77,No. 58 / Monday, March 26, 2012 / Rules and Regulations Date of issue:07/03/2013Revision date:03/08/2019Supersedes:12/12/2017Version:1.3 SECTION 1:Identification
1.1.Identification
Product form:Substance
Substance name:Methanol
CAS-No.:67-56-1
Product code:VT430
Formula:CH4O
Synonyms:acetone alcohol / alcohol C1 / alcohol,methyl / carbinol / colonial spirits / columbianspirits / green wood spirits / manhattan spirits / methyl alcohol / methyl hydrate / methyl hydroxide / methylen / methylol / monohydroxymethane / pyroligneous spirit / pyroxylic spirit / wood alcohol / wood naphtha
1.2.Recommended use and restrictionson use
Use of the substance/mixture:Solvent
Recommended use:Laboratory chemicals
Restrictions on use:Not for food, drug or household use
1.3.Supplier
Val Tech Diagnostics, A Division of LabChem Inc
Jackson's Pointe Commerce Park Building 1000
1010 Jackson's Pointe Court
Zelienople, PA 16063
T 412-826-5230
F 724-473-0647
1.4.Emergency telephone number
Emergency number:CHEMTREC: 1-800-424-9300 or +1-703-741-5970 SECTION 2:Hazard(s) identification
2.1.Classification of the substance or mixture
GHS US classification
Flammable liquids Category2H225Highly flammable liquidand vapour Acute toxicity (oral) Category 3H301Toxic if swallowed
Acute toxicity (dermal) Category 3H311Toxic in contactwith skin Acute toxicity (inhalation) Category 3H331Toxic if inhaled Specific target organtoxicity (single exposure) H370Causes damage toorgans (liver, kidneys, central nervous system, optic nerve) Category 1(Dermal, oral)
Full text of H statements : see section 16
2.2.GHS Label elements, including precautionary statements GHS US labeling
Hazard pictograms (GHS US):
Signal word (GHS US):Danger
Hazard statements (GHS US):H225 -Highly flammable liquid and vapour H301+H311+H331 -Toxic if swallowed, in contact with skin or if inhaled H370 -Causes damage to organs (liver, kidneys, central nervous system, optic nerve) (Dermal, oral)
Precautionary statements (GHS US):P210 -Keep away from heat, sparks, open flames, hot surfaces. -No smoking.
P233 -Keep container tightly closed.
P240 -Ground/bond container and receiving equipment.
P241 -Use explosion-proof electrical, ventilating, lighting equipment.
P242 -Use only non-sparking tools.
P243 -Take precautionary measures against static discharge.
P260 -Do not breathe mist, vapors, spray.
02/18/2020EN (English US)Page 1
Methanol
Safety Data Sheet
according to Federal Register / Vol. 77,No. 58 /Monday, March 26, 2012 / Rules and Regulations P264 -Wash exposed skin thoroughly after handling.
P270 -Do not eat, drink or smoke when using this product.
P271 -Use only outdoors or in a well-ventilated area.
P280 -Wear protective gloves, protective clothing, eye protection, face protection.
P301+P310 -IF SWALLOWED: Immediately call a POISON CENTER or doctor/physician.
P303+P361+P353 -IF ON SKIN (or hair): Remove/Take off immediately all contaminated clothing. Rinse skin with water/shower.
P304+P340 -IF INHALED: Remove person to fresh air and keep comfortable for breathing.
P330 -If swallowed, rinse mouth
P361+P364 -Take off immediately all contaminated clothing and wash it before reuse.
P370+P378 -In case of fire: Use carbon dioxide (CO2), powder, alcohol-resistant foam to extinguish
P403+P235 -Store in a well-ventilated place. Keep cool.
P405 -Store locked up.
P501 -Dispose of contents/container to comply with local, state and federal regulations.
2.3.Other hazards which do not result in classification Other hazards not contributing to the :None.
classification
2.4.Unknown acute toxicity (GHS US)
Not applicable
SECTION 3:Composition/Information on ingredients
3.1.Substances
Substance type:Mono-constituent
NameProduct identifier%GHS US classification
Methanol(CAS-No.)67-56-1100Flam. Liq.2, H225
(Main constituent)
Acute Tox. 3 (Oral), H301
Acute Tox. 3 (Dermal), H311
Acute Tox. 3 (Inhalation), H331
STOT SE 1, H370
Full text of hazard classes and H-statements : see section 16
3.2.Mixtures
Not applicable
SECTION 4:First-aid measures
4.1.Description of first aid measures
First-aid measures general:Check the vital functions. Unconscious: maintain adequate airway andrespiration. Respiratory arrest: artificial respiration or oxygen. Cardiacarrest: perform resuscitation. Victim conscious with labored breathing: half-seated. Victim in shock: on his back with legs slightly raised.
Vomiting: prevent asphyxia/aspiration pneumonia. Prevent cooling by covering the victim (no warming up). Keep watching the victim. Give psychological aid. Keep the victim calm, avoid physical strain.
First-aid measures after inhalation:Remove the victim into fresh air. Immediately consult adoctor/medical service.
First-aid measures after skin contact:Wash immediately with lots of water. Soap may beused. Do not apply (chemical) neutralizing agents. Remove clothing before washing. Consult a doctor/medical service.
First-aid measures after eye contact:Rinse with water. Remove contact lenses, if present andeasyto do. Continue rinsing. Take victim to an ophthalmologist if irritation persists.
First-aid measures after ingestion:Rinse mouth with water. Immediately after ingestion, give alcohol to drink. Give nothing to drink. Do not induce vomiting. Immediatelyconsult a doctor/medical service. Take the container/vomit to the doctor/hospital. Call Poison Information Centre ( www.big.be/antigif.htm) .
4.2.Most important symptoms and effects (acuteand delayed) Potential Adverse human health effects and :Toxic in contact with skin. Toxic if swallowed. Toxic if inhaled. symptoms
Symptoms/effects after inhalation:EXPOSURE TO HIGH CONCENTRATIONS: Coughing. Symptoms similar tothose listed under ingestion.
Symptoms/effects after skin contact:Symptoms similar tothose listed under ingestion.
Symptoms/effects after eye contact:Redness of the eye tissue. Lacrimation.
Symptoms/effects after ingestion:Nausea. Vomiting. AFTER ABSORPTION OF LARGE QUANTITIES:FOLLOWING SYMPTOMS MAY APPEAR LATER: Change in the blood composition. Headache. Feeling of weakness. Abdominal pain. Muscular pain. Central nervous system depression. Dizziness.
Mental confusion. Drunkenness. Coordination disorders. Disturbed motor response.
Disturbances of consciousness. Visual disturbances. Blindness. Respiratory difficulties.
Cramps/uncontrolled muscular contractions.
02/18/2020EN (English US)2/10
Methanol
Safety Data Sheet
according to Federal Register / Vol. 77,No. 58 /Monday, March 26, 2012 / Rules and Regulations Chronic symptoms:Red skin. Dry skin. Skin rash/inflammation. Headache. Disturbed tactile sensibility. Visual disturbances. Sleeplessness. Gastrointestinal complaints. Cardiac and blood circulation effects.
4.3.Immediate medical attention and special treatment,if necessary Immediately after ingestion, give a glass of strong drink, beer or wine to drink. Hospitalize at once for treatment with the right antidotes.
SECTION 5:Fire-fighting measures
5.1.Suitable (and unsuitable) extinguishing media
Suitable extinguishing media:Quick-acting ABC powder extinguisher. Quick-acting BC powderextinguisher. Quick-acting class B foam extinguisher. Quick-acting CO2 extinguisher. Class B foam (alcohol-resistant).
Water spray if puddle cannot expand.
Unsuitable extinguishing media:Water (quick-acting extinguisher, reel); risk of puddle expansion. Water; risk of puddle expansion.
5.2.Specific hazards arising from the chemical
Firehazard:DIRECT FIRE HAZARD. Highly flammable liquid and vapour. Gas/vapor flammable with air within explosion limits. INDIRECT FIRE HAZARD. May be ignited by sparks.
Explosion hazard:DIRECT EXPLOSION HAZARD. Gas/vapour explosive with air withinexplosion limits.
INDIRECT EXPLOSION HAZARD. may be ignited by sparks. Reactions with explosion hazards: see "Reactivity Hazard".
5.3.Special protective equipment and precautions for fire-fighters Firefighting instructions:Cool tanks/drums with water spray/remove them into safety. Do not move the load if exposed to heat. Take account of toxic fire-fighting water. Use water moderately and if possible collect or contain it.
Protection during firefighting:Do not enter fire area without proper protectiveequipment, including respiratory protection.
SECTION 6:Accidental release measures
6.1.Personal precautions, protective equipment andemergency procedures General measures:No flames, no sparks. Eliminate all sources of ignition. No naked lights. No smoking. Dike and contain spill.
6.1.1.For non-emergency personnel
Protective equipment:Gas-tight suit.
Emergency procedures:Keep upwind. Mark the danger area. Consider evacuation.Close doors and windows of adjacent premises. Stop engines and no smoking. No naked flames or sparks. Spark-and explosion-proof appliances and lighting equipment. Keep containers closed. Wash contaminated clothes.
6.1.2.For emergency responders
Protective equipment:Equip cleanup crew with proper protection.
Emergency procedures:Stop leak if safe to do so. Ventilate area.
6.2.Environmental precautions
Prevent soil and water pollution. Prevent spreading insewers.
6.3.Methods and material for containment and cleaning up For containment:Contain released substance, pump into suitable containers. Plug the leak, cut off the supply.
Dam up the liquid spill. Try to reduce evaporation. Measure the concentration of the explosive gas-air mixture. Dilute combustible/toxic gases/vapours with water spray. Take account of toxic/corrosive precipitation water. Provide equipment/receptacles with earthing. Do not use compressed air for pumping over spills.
Methods for cleaning up:Take up liquid spill into a non combustible material e.g.: sand, earth, vermiculite slaked lime or sodaash. Scoop absorbed substance into closing containers. Carefully collect the spill/leftovers. Damaged/cooled tanks must be emptied. Do not use compressed air for pumping over spills. Clean contaminated surfaces with an excess of water. Take collected spill to manufacturer/competent authority. Wash clothing and equipment after handling.
6.4.Reference to other sections
No additional information available
02/18/2020EN (English US)3/10
Methanol
Safety Data Sheet
according to Federal Register / Vol. 77,No. 58 /Monday, March 26, 2012 / Rules and Regulations SECTION 7:Handling and storage
7.1.Precautions for safe handling
Precautions for safe handling:Use spark-/explosionproof appliances and lighting system. Takeprecautions against electrostatic charges. Keep away from naked flames/heat. Keep away from ignition sources/sparks. Measure the concentration in the air regularly. Work under local exhaust/ventilation. Comply with the legal requirements. Remove contaminated clothing immediately. Clean contaminated clothing. Handle uncleaned empty containers as full ones.
Thoroughly clean/dry the installation before use. Do not discharge the waste into the drain. Do not use compressed air for pumping over. Keep container tightly closed.
Hygiene measures:Do not eat, drink or smoke whenusing this product. Wash hands and other exposed areas with mild soap and water before eating, drinking or smoking and when leaving work. Wash contaminated clothing before reuse.
7.2.Conditions for safe storage, includingany incompatibilities Incompatible products:Strong oxidizers. Strong bases. Strong acids. Acid anhydrides. Acid chlorides.
Incompatible materials:Direct sunlight. Heat sources. Sources of ignition.
Heat-ignition:KEEP SUBSTANCE AWAY FROM: heat sources. ignition sources.
Prohibitions on mixed storage:KEEP SUBSTANCE AWAY FROM: combustible materials. oxidizing agents.strong acids. (strong) bases. halogens. amines. water/moisture.
Storage area:Store in a cool area. Store in a dryarea. Keep container in a well-ventilated place. Fireproof storeroom. Keep locked up. Provide for a tub to collect spills. Provide the tank with earthing.
Unauthorized persons are not admitted. Aboveground. Meet the legal requirements.
Special rules on packaging:SPECIAL REQUIREMENTS: closing. dry. clean. correctly labelled.meet the legal requirements. Secure fragile packagings in solid containers.
Packaging materials:SUITABLE MATERIAL: steel. stainless steel. iron. glass.MATERIAL TO AVOID: lead. aluminium. zinc. polyethylene. PVC.
SECTION 8:Exposure controls/personal protection
8.1.Control parameters
Methanol(67-56-1)
ACGIHACGIH TWA (ppm)200 ppm
ACGIHACGIH STEL (ppm)250 ppm
NIOSHNIOSH REL (TWA) (mg/m³)250 mg/m³
NIOSHNIOSH REL (TWA) (ppm)200 ppm
NIOSHNIOSH REL (STEL) (mg/m³)325 mg/m³
NIOSHNIOSH REL (STEL) (ppm)250 ppm
NIOSHRemark (NIOSH)Skin
8.2.Appropriate engineering controls
Appropriate engineering controls:Emergency eye wash fountains should be available in the immediate vicinity of any potential exposure. Keep concentrations well below lower explosion limits.
8.3.Individual protection measures/Personal protective equipment Personal protective equipment:
Safety glasses. Protective clothing. Gloves. Full protective flameproofclothing. Face shield.
Materials for protective clothing:
GIVE GOOD RESISTANCE: polyethylene/ethylenevinylalcohol. styrene-butadiene rubber. viton. GIVE LESS RESISTANCE: chloroprene rubber. chlorinated polyethylene. natural rubber. nitrile rubber/PVC. GIVE POOR RESISTANCE: leather. neoprene. nitrile rubber. polyethylene. PVA.
PVC. polyurethane
Hand protection:
Protective gloves against chemicals (EN 374)
Eye protection:
Safety glasses
Skin and body protection:
02/18/2020EN (English US)4/10
Methanol
Safety Data Sheet
according to Federal Register / Vol. 77,No. 58 /Monday, March 26, 2012 / Rules and Regulations Head/neck protection. Protective clothing
Respiratory protection:
Full face mask with filter type AX at conc. in air > exposure limit. High vapour/gas concentration: self-contained respirator Personal protective equipment symbol(s):
SECTION 9:Physical and chemical properties
9.1.Information on basic physical and chemical properties Physical state:Liquid
Appearance:Liquid.
Color:Colourless
Odor:Characteristic odour Mild odour Pleasant odour Alcohol odour Commercial/unpurified substance: irritating/pungent odour
Odor threshold:No data available
pH:No data available
Melting point:-97.8 °C
Freezing point:No data available
Boiling point:64.7°C (1013 hPa)
Critical temperature:240 °C
Critical pressure:79547 hPa
Flash point:9.7 °C (Closed cup, 1013hPa, EU Method A.9: Flash-Point) Relative evaporation rate (butyl acetate=1):4.1
Relative evaporation rate (ether=1):6.3
Flammability (solid, gas):No data available
Vapor pressure:128 hPa (20 °C)
Vapor pressure at 50 °C:552 hPa
Relative vapor density at 20 °C:1.1
Relative density:0.79 –0.80 (20 °C)
Relative density of saturated gas/air mixture:1
Specific gravity / density:790–800 kg/m³ (20 °C)
Molecular mass:32.04 g/mol
Solubility:Soluble in water. Soluble in ethanol. Soluble in ether. Soluble in acetone. Soluble in chloroform.
Water:100 g/100ml (20 °C)
Ethanol:complete
Ether:complete
Acetone:complete
Log Pow:-0.77 (Experimental value)
Auto-ignition temperature:455 °C (1013 hPa, DIN 51794: Self-ignition temperature) Decomposition temperature:No data available
Viscosity, kinematic:No data available
Viscosity, dynamic:0.544–0.59 mPa·s (25 °C)
Explosion limits:5.5 –36.5 vol %
Explosive properties:No data available
Oxidizing properties:No data available
9.2.Other information
Minimum ignition energy:0.14 mJ
Saturation concentration:166 g/m³
VOC content:100 %
Other properties:Clear. Hygroscopic. Volatile. Neutral reaction. 02/18/2020EN (English US)5/10
Methanol
Safety Data Sheet
according to Federal Register / Vol. 77,No. 58 /Monday, March 26, 2012 / Rules and Regulations SECTION 10:Stability and reactivity
10.1.Reactivity
Violent to explosive reaction with (some) metal powders and with (strong) oxidizers. Violent exothermic reaction with(some) acids and with (some) halogens compounds.
10.2.Chemical stability
Hygroscopic.
10.3.Possibility of hazardous reactions
No additional information available
10.4.Conditions to avoid
Direct sunlight. High temperature. Incompatible materials. Openflame. Sparks. Overheating.
10.5.Incompatible materials
Strong oxidizers. Strong bases. Strong acids. Peroxides. Acid anhydrides. Acid chlorides.
10.6.Hazardous decomposition products
Carbon dioxide. Carbon monoxide.
SECTION 11:Toxicological information
11.1.Information on toxicological effects
Acute toxicity (oral):Toxic if swallowed.
Acute toxicity (dermal):Toxic in contact with skin.
Acute toxicity (inhalation):Toxic if inhaled.
Methanol(67-56-1)
LD50 oral rat1187–2769 mg/kg body weight (BASF test, Rat, Male / female, Weight of evidence, Aqueous solution, Oral, 7 day(s))
LD50 dermal rabbit17100 mg/kg (Rabbit, Inconclusive, insufficient data, Dermal) LC50 inhalation rat (mg/l)128.2 mg/l air (BASF test, 4 h, Rat, Male / female,Experimental value, Inhalation (vapours)) ATE US (oral)100 mg/kg body weight
ATE US (dermal)300 mg/kg body weight
ATE US (gases)700 ppmV/4h
ATE US (vapors)3 mg/l/4h
ATE US (dust, mist)0.5 mg/l/4h
Skin corrosion/irritation:Not classified
Serious eye damage/irritation:Not classified
Respiratory or skin sensitization:Not classified
Germ cell mutagenicity:Not classified
Carcinogenicity:Not classified
Reproductive toxicity:Not classified
STOT-single exposure:Causes damage to organs (liver, kidneys, centralnervous system, optic nerve) (Dermal, oral).
STOT-repeated exposure:Not classified
Aspiration hazard:Not classified
Viscosity, kinematic:No data available
Potential Adverse human health effects and :Toxic in contact with skin. Toxic if swallowed. Toxic if inhaled. symptoms
Symptoms/effects after inhalation:EXPOSURE TO HIGH CONCENTRATIONS: Coughing. Symptoms similar tothose listed under ingestion.
Symptoms/effects after skin contact:Symptoms similar to those listed under ingestion.
Symptoms/effects after eye contact:Redness of the eye tissue. Lacrimation.
Symptoms/effects after ingestion:Nausea. Vomiting. AFTER ABSORPTION OF LARGE QUANTITIES:FOLLOWING SYMPTOMS MAY APPEAR LATER: Change in the blood composition. Headache. Feeling of weakness. Abdominal pain. Muscular pain. Central nervous system depression. Dizziness.
Mental confusion. Drunkenness. Coordination disorders. Disturbed motor response.
Disturbances of consciousness. Visual disturbances. Blindness. Respiratory difficulties.
Cramps/uncontrolled muscular contractions.
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Methanol
Safety Data Sheet
according to Federal Register / Vol. 77,No. 58 /Monday, March 26, 2012 / Rules and Regulations Chronic symptoms:Red skin. Dry skin. Skin rash/inflammation. Headache. Disturbed tactile sensibility. Visual disturbances. Sleeplessness. Gastrointestinal complaints. Cardiac and blood circulation effects.
SECTION 12:Ecological information
12.1.Toxicity
Ecology -general:Not classified as dangerous for the environment according to thecriteria of Regulation (EC) No 1272/2008.
Ecology -air:Not included in the list of substances which may contributeto the greenhouse effect (IPCC).
Not included in the list of fluorinated greenhouse gases (Regulation (EU) No 517/2014). Not classified as dangerous for the ozone layer (Regulation (EC) No 1005/2009).
Ecology -water:Not harmful to crustacea. Not harmful to fishes. Groundwater pollutant. Inhibition of activated sludge. Nitrification of activated sludge is inhibited. Not harmful to algae. Not harmful to bacteria.
Methanol(67-56-1)
LC50 fish 115400 mg/l (EPA 660/3 -75/009,96 h, Lepomis macrochirus, Flow-through system, Fresh water, Experimental value, Lethal)
EC50 Daphnia 118260 mg/l (OECD 202: Daphnia sp. AcuteImmobilisation Test, 96 h, Daphnia magna, Semi- static system, Fresh water, Experimental value, Locomotor effect) ErC50 (algae)22000 mg/l (OECD 201: Alga, GrowthInhibition Test, 96 h, Pseudokirchneriella subcapitata, Static system, Fresh water, Experimental value)
12.2.Persistence and degradability
Methanol(67-56-1)
Persistence and degradabilityReadilybiodegradable in the soil. Readilybiodegradable in water.
Biochemical oxygen demand (BOD)
0.6 ೃ
Chemical oxygen demand (COD)
ThOD
12.3.Bioaccumulative potential
Methanol(67-56-1)
BCF fish 11–4.5 (72 h, Cyprinus carpio, Staticsystem, Fresh water, Experimental value) Log Pow-0.77 (Experimental value)
Bioaccumulative potentialLow potential for bioaccumulation (BCF < 500).
12.4.Mobility in soil
Methanol(67-56-1)
Surface tension0.023 N/m (20 °C)
Log Koc0.088 (log Koc, SRC PCKOCWIN v2.0, Calculated value) Ecology -soilHighly mobile in soil.
12.5.Other adverse effects
No additional information available
SECTION 13:Disposal considerations
13.1.Disposal methods
Waste disposal recommendations:Do not discharge into drains or the environment.Remove waste in accordance with local and/or national regulations. Hazardous waste shall not be mixed together with other waste. Different types of hazardous waste shall not be mixed together if this may entail a risk of pollution or create problems for the further management of the waste. Hazardous waste shall be managed responsibly. All entities that store, transport or handle hazardous waste shall take the necessary measures to prevent risks of pollution or damage to people or animals. Recycle by distillation. Incinerate under surveillance with energy recovery. Obtain the consent of pollution control authorities before discharging to wastewater treatment plants.
Additional information:Hazardous waste according to Directive 2008/98/EC, as amended by Regulation (EU) No 1357/2014 and Regulation (EU) No 2017/997.
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Methanol
Safety Data Sheet
according to Federal Register / Vol. 77,No. 58 /Monday, March 26, 2012 / Rules and Regulations SECTION 14:Transport information
Department of Transportation (DOT)
In accordance with DOT
Transport document description:UN1230 Methanol, 3, II
UN-No.(DOT):UN1230
Proper Shipping Name (DOT):Methanol
Transport hazard class(es) (DOT):3-Class 3 -Flammable and combustible liquid 49 CFR 173.120 Packing group (DOT):II-Medium Danger
Hazard labels (DOT):3-Flammable liquid
DOT Packaging Non Bulk (49 CFR 173.xxx):202
DOT Packaging Bulk (49 CFR 173.xxx):242
DOT Symbols:D-Proper shipping name for domestic use only, or to and from Canada DOT Special Provisions (49 CFR 172.102):IB2 -Authorized IBCs: Metal (31A, 31B and 31N); Rigid plastics (31H1 and 31H2); Composite (31HZ1). Additional Requirement: Only liquids with a vapor pressure less than or equal to 110 kPa at 50 C (1.1 bar at 122 F), or 130 kPa at 55 C (1.3 bar at 131 F) are authorized.
T7 -4 178.274(d)(2) Normal............. 178.275(d)(3)
TP2 -a. The maximum degree of filling must not exceed the degree of filling determined by the following: (image) Where: tr is the maximum mean bulk temperature during transport, tf is the temperature in degrees celsius of the liquid during filling, and a is the mean coefficient of cubical expansion of the liquid between the mean temperature of the liquid during filling (tf) and the maximum mean bulk temperature during transportation (tr) both in degrees celsius. b. For liquids transported under ambient conditions may be calculated using the formula: (image) Where: d15 and d50 are the densities (in units of mass per unit volume) of the liquid at 15 C (59 F) and 50 C (122 F), respectively.
DOT Packaging Exceptions (49 CFR 173.xxx):150
DOT Quantity Limitations Passenger aircraft/rail :1 L
(49CFR 173.27)
DOT Quantity Limitations Cargo aircraft only (49:60 L
CFR 175.75)
DOT Vessel Stowage Location:B-(i) The material may bestowed ‘‘on deck’’ or ‘‘under deck’’ on a cargo vessel and on a passenger vessel carrying a number of passengers limited to not more than the larger of 25 passengers, or one passenger per each 3 m of overall vessel length; and (ii) ‘‘On deck only’’ on passenger vessels in which the number of passengers specified in paragraph (k)(2)(i) of this section is exceeded.
DOT Vessel Stowage Other:40-Stow ‘‘clear of living quarters’’ Other information:No supplementary information available.
Transportation of Dangerous Goods
Transport document description:UN1230 METHANOL, 3 (6.1), II UN-No. (TDG):UN1230
Proper Shipping Name (Transportation of:METHANOL
Dangerous Goods)
TDG Primary Hazard Classes:3-Class 3 -Flammable Liquids Packing group:II-Medium Danger
TDG Subsidiary Classes:6.1
TDG Special Provisions:43-Despite section 2.1 of Part 2, Classification, these dangerous goods are assigned to this classification based on human experience.
Explosive Limit and Limited Quantity Index:1 L
Passenger Carrying Road Vehicle or Passenger :1 L
Carrying Railway Vehicle Index
Transport by sea
Transport document description (IMDG):UN 1230 methanol, 3 (6.1), II 02/18/2020EN (English US)8/10
Methanol
Safety Data Sheet
according to Federal Register / Vol. 77,No. 58 /Monday, March 26, 2012 / Rules and Regulations UN-No. (IMDG):1230
Proper Shipping Name (IMDG):methanol
Class(IMDG):3-Flammable liquids
Packing group (IMDG):II-substances presenting medium danger Subsidiary risks (IMDG):6.1 -Toxic substances
EmS-No. (1):F-E
EmS-No. (2):S-D
MFAG-No19
Air transport
Transport document description (IATA):UN 1230 Methanol, 3 (6.1), II UN-No. (IATA):1230
Proper Shipping Name (IATA):Methanol
Class (IATA):3-Flammable Liquids
Packing group (IATA):II-Medium Danger
SECTION 15:Regulatory information
15.1. US Federal regulations
Methanol(67-56-1)
Listed on the United States TSCA (Toxic Substances ControlAct) inventory Subject to reporting requirements of United States SARA Section 313 RQ (Reportable quantity, section 304 of EPA's List of Lists)5000 lb SARA Section 311/312 Hazard ClassesPhysical hazard -Flammable (gases, aerosols, liquids, or solids) Health hazard -Acute toxicity (any route of exposure)
Health hazard -Specific target organ toxicity (single or repeated exposure)
15.2. International regulations
CANADA
Methanol(67-56-1)
Listed on the Canadian DSL (Domestic Substances List)
EU-Regulations
No additional information available
National regulations
No additional information available
15.3. US State regulations
Methanol(67-56-1)
U.S. -California -Proposition 65-Carcinogens No
List
U.S. -California -Proposition 65-Developmental Yes
Toxicity
U.S. -California -Proposition 65 -Reproductive No
Toxicity -Female
U.S. -California -Proposition 65 -Reproductive No
Toxicity -Male
SECTION 16:Other information
according to Federal Register / Vol. 77,No. 58 / Monday, March 26, 2012 / Rules and Regulations Revision date:03/08/2019
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Methanol
Safety Data Sheet
according to Federal Register / Vol. 77,No. 58 /Monday, March 26, 2012 / Rules and Regulations Full text of H-phrases: see section 16:
H225Highly flammable liquidand vapour
H301Toxic if swallowed
H311Toxic in contactwith skin
H331Toxic if inhaled
H370Causes damage toorgans
NFPA health hazard:2-Materials that, under emergency conditions, can cause temporary incapacitation or residual injury.
NFPA fire hazard:3-Liquids and solids (including finely divided suspended solids) that can be ignited under almost all ambient
temperature conditions.
NFPA reactivity:0-Material that in themselves are normallystable, even under fire conditions.
Hazard Rating
Health:2 Moderate Hazard -Temporary or minor injury may occur Flammability:3 Serious Hazard -Materials capable of ignition under almost all normal temperature conditions. Includes flammable liquids with flash points below 73 F and boiling points above 100 F. as well as liquids with flash points between 73 F and 100 F. (Classes IB & IC) Physical:0 Minimal Hazard -Materials that are normally stable, evenunder fire conditions, and will NOT react with water, polymerize, decompose, condense, or self-react. Non-Explosives.
Personal protection:H
H-Splash goggles, Gloves, Synthetic apron, Vapor respirator SDS US ValTech
Information in this SDS is from available published sources and is believed to be accurate. No warranty, express or implied, is made and LabChem Inc assumes no liability resulting from the use of this
SDS. The user must determine suitability of this information for his application. 02/18/2020EN (English US)10/10