PURCHASING SPECIFICATION MODULAR BUILDING (Water Yard) Page No: 1 of 14 Spec. No: 1300.11 Effective Date: Approved by: March 6, 2012 Damian M., Tim H. PART I - GENERAL SUMMARY Contractor to furnish one new or refurbished modular building to be delivered and placed at the City of Pomona Water Yard located at 148 North Huntington Street Pomona, CA 91768. A schematic of the site layout showing the proposed modular building position is shown on Attachment A. Attachment B is a schematic floor plan developed by City staff; alternative layouts are acceptable if they provide the following 4 enclosed offices, 1 conference room and a reception area. The building is to be provided by contractor in conformance to all requirements of this Request for Proposal. Quotation Submittal Instructions Quotation shall include a properly completed and signed quotation form, along with all other required documents. Proposals should be clearly marked Modular Building. All submissions must be in the purchasing office by 3:00 p.m. on March 20, 2012. One (1) original and three (3) copies will be delivered to the following address: US Mail: City of Pomona Purchasing Division P.O. Box 660 Pomona, CA 91769 Hand delivery, Fedex, UPS: City of Pomona Purchasing Division 505 South Garey Ave. Pomona, CA 91766 Quotations in the form of telegrams, telephone calls, facsimiles, e-mails or telex will not be accepted. All proposals received after the deadline will be rejected. No extensions will be granted. The City does not recognize the U.S. Postal Service, UPS, FedEx, or other carriers in determining the date and time the bid was received. The Contractor shall carefully examine this RFQ and any addenda that may be posted on the City s website. The Contractor shall seek clarification of any ambiguity, conflict, omission or other error in this RFQ in writing. If the answer materially affects the RFQ, the information will be incorporated into an addendum and distributed to all vendors via the City s website. All addenda will be numbered in sequence, dated as of the date of issue, and posted. It shall be the contractor s responsibility to check the City s website to determine if any addenda have been posted prior to the bid opening date. Bid results are posted on the City website within 1-2 days after opening. Website address: http://www.ci.pomona.ca.us; Click on Business, Click on Current Bids and RFP s, Non Construction Bids. No other letters or correspondence will be sent.
(Water Yard) Page 2 of 14 Questions about the details of the trailer or any equipment shall be directed to Timotheus Hampton, Sr. Water Resources Engineer at (909) 802-7420. Questions regarding the bidding or purchasing process shall be directed to Kennie Nicomede, Purchasing Manager at (909)-620-2381. Prospective bidders are advised to become totally familiar with the facility and the work required. A Mandatory Job Walk is scheduled on Tuesday, March 13, 2012, at 10:00 a.m. at City of Pomona Water Yard, 148 Huntington Street, Pomona CA 91768. Bidders may elect to appear in person or use a third party representative. Any changes, interpretations, or additional information as a result of the job walk shall be issued in the form of an addendum to this Request for Proposal.
(Water Yard) Page 3 of 14 SCOPE OF WORK Services shall include: 1. Removal & disposal of two (2) existing office trailers, stairs, ramp, and all other add-ons 10 x 48 11 x 39 2. New Modular Building design, construction and delivery 3. Building installation 4. Installation of two (2) sets of stairs on site, made of weather-treated wood. City-provided Services: 1. Disconnection of all external electrical services on existing trailers 2. Connection of electrical services for new trailer 3. Installation of telecommunication wiring in contractor supplied conduits Code Requirements: 1. California Department of Housing & Community Development 2. National Electrical Code Design Requirements Interior Finish Standard is vinyl wrapped plywood 26oz Commercial carpet 46 x 39 Bronze aluminum framed single hung vertical sliding windows 1 Vinyl mini blinds 3/0 x 6/8 Hollow-core pre-finished wood grain interior doors Electrical 125 amp electrical service, 120/240 volt, single phase, 3-wire, 60HZ with two breaker panels 120V/15A White Duplex receptacles 120V/15A White Toggle switches Central heating and air conditioning (10kw electric heat in A/C unit) 7 day programmable heat/cool thermostat 2 x 4 Four-tube grid mounted fluorescent lights w/t-8 lamps White T-Grid suspended ceiling Telecommunications conduits and J-box as per Attachment B Exterior Finish/Frame Composition shingle Roof System 3/0 x 6/8 - Pre-hung 20ga Commercial steel door w/18ga steel frame R-19 insulation (unfaced) ceiling R-30 insulation (unfaced) walls R-21 insulation (unfaced) floor 12 Out rigger Frame w/cross members floor frame 2 x 6 @ 16 oc longitudinal floor joist Single layer 3/4 T&G OSB underlayment floor decking
(Water Yard) Page 4 of 14 2 x 4 @ 16 oc wall studs 2 x 8 Roof rafters @ 16 oc spacing with ledge to LVL Bolt On removable hitch Modular set up block, level, seam, and ties. 36 off ground State approved metal pier foundation system Vinyl exterior siding or approved equal Vinyl skirting, or approved equal Optional Upgrades Vinyl Covered Wall Paper applied to gypsum Solid core pre-finished wood grain interior doors Cement Block Underpinning
(Water Yard) Page 5 of 14 PART 2 TERMS AND CONDITIONS PERMITS AND LICENSING: The successful bidder must have all permits and licenses required to conduct his business in the State of California. A City of Pomona business license shall be required prior to start of service. LIABILITY INSURANCE Bidder shall show proof of adequate product liability insurance prior to award of order. INDEMNITY Contractor agrees to indemnify the City of Pomona, and any officer, employee or agent and hold the City of Pomona, and any officer, employee or agent thereof harmless from any and all claims, liabilities, obligations and causes of action of whatsoever kind or nature for injury to, or death of, any person (including officers, employees and agents of the City of Pomona), and for injury or damage to or destruction of property (including property of the City of Pomona), resulting from any and all actions or omissions of contractor or contractor s employees, agents or invitees, or any subcontractor of contractor or any of such subcontractor s employees, agents or invitees. INSURANCE The Contractor shall furnish the City certificates of insurance prior to the execution of the contract demonstrating that the following coverage is in effect and in accordance with the specifications. A. Workers Compensation The Contractor shall provide and maintain in full force Workers Compensation Insurance in accordance with the Labor Code throughout the life of any contract entered herein. The Contractor agrees to hold the City and its agents free and harmless from any and all claims/actions that may arise by reason of injury to any employee of the Contractor. Workers Compensation and Employees Liability a. Workers Compensation Statutory Limits b. El Each Accident 1,000,000 c. El Disease - Policy Limit 1,000,000 d. El Disease - Each Employee 1,000,000
(Water Yard) Page 6 of 14 B. Public Liability and Property Damage The Contractor shall maintain during the life of any contract entered into public liability and property damage insurance in which the City shall be named as an additional insured, and which shall protect the Contractor or any subcontractor performing work covered by the contract from claims for personal injury, including accidental death as well as for claims for personal damages which may arise from the operations under any contract entered into whether such operations shall be performed by the Contractor or any subcontractor, or by anyone directly or indirectly employed by any one of them. The limit of liability for such insurance shall be as follows: 1. General Liability a. General Aggregate $2,000,000 b. Products Comp/ OP AGG 2,000,000 c. Personal & Adv Injury 1,000,000 d. Each Occurrence 1,000,000 e. Fire Damage (any one fire) 50,000 f. Medical Expense (any one person) 5,000 2. Automotive Liability Any vehicle, combined single vehicle $1,000,000 The issuing insurance company must have A.M. Best rating no less than A-:VII. All said insurance policies, as described in this section, shall provide that the same is non-cancelable except upon thirty (30) days written notice to the City. SUPPLIER SELECTION Goods and services procured by the City of Pomona shall be from the lowest responsible bidder. In addition to price, the "lowest responsible bidder" will be determined by consideration of the following factors: A. The quality, availability and suitability of the supplies, equipment or services to the particular use required. B. The ability, capability and skill of the bidder to perform the services required. C. Whether the bidder has the financial resources and facilities to perform or provide the services promptly, or within the time specified without delay or interference. D. The character, integrity, reputation, judgment, experience and efficiency of the bidder. E. The bidder's record of performance on previous contracts or services, including compliance by the bidder with laws and ordinances relative to such contracts or services.
(Water Yard) Page 7 of 14 F. The ability of the bidder to provide future maintenance and service for the use of the equipment or materials to be purchased. G. The number and scope of conditions attached to the bid. CONFLICT OF INTEREST Except for items that are clearly promotional in nature, mass produced, trivial in value and not intended to invoke any form of reciprocation, employees of the City of Pomona may not accept gratuities, entertainment, meals, or anything of value whatsoever from current or potential suppliers. The offer of such gratuity to any employee of the City shall be cause for declaring such supplier to be an irresponsible bidder and preventing him from bidding as provided in Sections 2-974 and 2-975 also known as the City Code of the City of Pomona. INDEMNITY The attached Letter Agreement entitled "Agreement for Indemnification by Contractor/Vendors" shall be executed and submitted with the Bid. ADDITIONAL REQUIREMENT The attached "Minority Business Questionnaire" and "Statement of Non-Collusion by Contractor" forms must be filled out, signed by a company principal or officer, and returned with the bid. PERFORMANCE BOND The City reserves the right to require a Performance Bond from the successful bidder for the value of any order issued under this specification. The Performance Bond shall be obtained from a licensed corporation within the State of California, and its assets must exceed liabilities in an amount equal or in excess of the amount of the bond. The Performance Bond shall be forfeited in the event that the supplier fails to provide the supplies, services or equipment contracted for within the time period agreed upon INDEPENDENT CONTRACTOR STATUS It is expressly understood that the contractor named in any contract entered into by the City is acting as an independent contractor and not as an agent or employee of the City of Pomona. ASSIGNMENT The contractor shall, under no circumstances, assign any contract issued as a result of this proposal by any means whatsoever, or any part thereof to another party without express written permission of the governing board for the City of Pomona.
(Water Yard) Page 8 of 14 ALTERNATIVE BIDS Suppliers are encouraged to submit alternative bids should they feel the need to do so. The City specifically invites cost-saving or quality improving substitutes and alternatives. Each quotation will be considered on its own merit and must conform to the requirements of this specification. All alternative quotations should be clearly identified as such. WARRANTY: A comprehensive warranty shall be provided to the City of Pomona on roofing, chassis, and all mounted and specified equipment described in the Design Requirements. Warranty Agreement shall accept City preventative maintenance in lieu of manufacturer shop service. DELIVERY Delivery of any materials and/or equipment ordered against this specification shall be F.O.B. Pomona Water Yards, 148 N. Huntington Street, Pomona, California, Attention: Water/Wastewater Operations Manager. No alternate delivery location or arrangements can be made without express written consent of the Water/Wastewater Operations Manager. PROJECT COMPLETION SCHEDULE This project is anticipated to be awarded by the City Council on April 16, 2012; if awarded, the successful bidder will be required to meet the following timeline: Item Calendar days after Purchase Order is issued 1) Removal and disposal 45 2) Building delivery 52 3) Building installation 59 4) Installation of two (2) sets of stairs on site 59
(Water Yard) Page 9 of 14 Modular Building (Water Yard) City of Pomona Specification # 1300.11 Complete the table below and submit to the CITY. Write As Specified or describe any exceptions to these specifications in the right column space provided. Failure to complete this column may be deemed as non-compliance with the RFP. Design Requirements Interior Finish Standard is vinyl wrapped plywood 26oz Commercial carpet 46 x 39 Bronze aluminum framed single hung vertical sliding windows 1 Vinyl mini blinds 3/0 x 6/8 Hollow-core pre-finished wood grain interior doors Electrical 125 amp electrical service, 120/240 volt, single phase, 3-wire, 60HZ with two breaker panels 120V/15A White Duplex receptacles 120V/15A White Toggle switches Central heating and air conditioning (10kw electric heat in A/C unit) 7-day programmable heat/cool thermostat 2 x 4 Four-tube grid mounted fluorescent lights w/t-8 lamps White T-Grid suspended ceiling Telecommunications conduits and J-box as per Attachment B Exterior Finish/Frame Composition shingle Roof System 3/0 x 6/8 - Pre-hung 20ga Commercial steel door w/18ga steel frame R-19 insulation (unfaced) ceiling R-30 insulation (unfaced) walls R-21 insulation (unfaced) floor 12 Out rigger Frame w/cross members floor frame 2 x 6 @ 16 oc longitudinal floor joist Single layer 3/4 T&G OSB underlayment floor decking 2 x 4 @ 16 oc wall studs 2 x 8 Roof rafters @ 16 oc spacing with ledge to LVL Bolt On removable hitch Modular set up block, level, seam, and ties. 36 off ground. State-approved metal pier foundation system (Please note in the space provided any exceptions to any portion of this specification).
(Water Yard) Page 10 of 14 Vinyl exterior siding or approved equal Vinyl skirting, or approved equal OPTIONAL UPGRADES Vinyl Covered Wall Paper applied to gypsum Solid core pre-finished wood grain interior doors Cement Block Underpinning
(Water Yard) Page 11 of 14 Schedule of Prices for Modular Building (Water Yard) Per City of Pomona Specification # S1300.11 Item Bid Price 1) Removal and disposal $ 2) Building delivery $ 3) Building installation $ 4) Installation of two (2) sets of stairs on site $ Sales Tax (8.75%) $ Total Cost $ OPTIONAL UPGRADES PRICES Item Bid Price 1) Vinyl Covered Wall Paper applied to gypsum $ 2) Solid core pre-finished wood grain interior doors $ 3) Cement Block Underpinning $ Sales Tax (8.75%) $ Total Cost $ The cost listed on this Schedule of Prices Form shall contain complete lump-sum amounts for furnishing all material, labor, engineering, and installation required to complete each item as indicated in this Request for Proposal. The quoted price shall be considered by the City as a Not To Exceed fee upon which the City s purchase order will be issued. Time to complete this project upon receipt of purchase order will be Weeks. The undersigned has checked carefully all figures inserted in the Schedule of Prices form and acknowledges receipt of all Bid Documents. Dated Proposer Signature Company Name Company Address Phone
(Water Yard) Page 12 of 14 City of Pomona - MINORITY BUSINESS QUESTIONNAIRE Date Name of Business Division or Subsidiary, if applicable Business Address Telephone No. Contact Person Title Type of Business: Non Profit [ ] Sole Proprietorship [ ] Partnership - General [ ] - Limited [ ] Corporation [ ] Is the business 51% or more owned by: American Indian [ ] Asian [ ] Black [ ] Hispanic [ ] Female [ ] Other [ ] (please specify) Prepared By: Title: For more information, contact Purchasing Division, City of Pomona, (909) 620-2381.
(Water Yard) Page No: 13 City of Pomona - Statement of Non-Collusion by Contractor The undersigned who submits herewith to the City of Pomona a Bid or proposal does hereby certify: a. That all statements of fact in such bid or proposal are true; b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; c. That such bid or proposal is genuine and not collusive or sham; d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Pomona or of any other bidder or anyone else interested in the proposed procurement; e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal; f. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; g. Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Pomona, or to any person or persons who have a partnership or other financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Pomona any gratuity, entertainment, meals, or any thing of value, whatsoever, which could be construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is employed or has been employed, either full or part time, by the City of Pomona either currently or within the last two (2) years; or is related to any officer or employee of the City by blood or marriage within the third degree. An exception to this section may be granted by approval of the City Council prior to contract award. j. That no offer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years. I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed on at California. (Date) (Location) Firm (Signature) Street (Print Name & Title) City State Zip
(Water Yard) Page No: 14 AGREEMENT FOR INDEMNIFICATION BY CONTRACTOR/VENDOR AND ACCEPTANCE AND ACKNOWLEDGMENTOF PROCUREMENT PRACTICES OF THE CITY OF POMONA The City of Pomona requires contractors and suppliers of services to the City to agree to indemnify and hold the City of Pomona harmless for claims or losses arising from or connection with the contracting party s work for the City of Pomona before a Purchase Order is issued. To reduce the possibility of misunderstanding between contracting parties and the City in ease of a claim or lawsuit, the City of Pomona is requiring that contacting parties who perform services for the City sign this letter. This letter will act as and become a part of each Contract/Purchase Order between the City of Pomona and the contracting parties signing the letter for the period of to. In consideration of the opportunity of doing work for the City of Pomona and benefits to be received thereby, the contracting party to this agreement agrees as follows: 1. That where a contract, purchase order or confirming order is issued by the City of Pomona awarding a contract, this Letter Agreement is to be considered part of that contract. 2. Contractor agrees to indemnify the City of Pomona, and any officer, employee or agent, and hold the City of Pomona, and any officer, employee or agent, there of harmless from any and all claims, liabilities, obligations and causes of action of whatsoever kind or nature for injury to, or death of, any person (including officer, employees and agents of the City of Pomona), and for injury or damage to or destruction of property (including property of the City of Pomona), resulting from any and all actions or omissions of contractor or contractor s employees, agents or invitees, or any subcontractor of contractor or any of such subcontractor s employees, agents or invitees. 3. That the contracting party specifically waives the benefits and protection of Labor Code Section 3864 which provides: If an action as provided in this chapter is prosecuted by the employee, the employer, or both jointly against the third person results in judgment against such third person or settlement by such third person the employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement in the absence of a written agreement so to be executed prior to the injury. This waiver will occur as to any contracts awarded by the City of Pomona to the contracting party to this letter while this Agreement is in force. 4. That this Agreement has been signed by an authorized representative of the contracting party, and such representative has the authority to bid the contractor/vendor to all terms and conditions of this Agreement. 5. That this Agreement shall be binding upon the successors and assignees of the contracting party to any contract with the City of Pomona. As a condition precedent to acceptance, any contacts from the City of Pomona and contracting party agree to advise its successors or assignees of this agreement and to obtain their consent to its writing before the work of the representative successor or assignees begin, such assignment shall not be effective without the written consent of the City of Pomona. 6. To promptly notify the City of Pomona of any change in ownership of the contracting party while this Agreement is in force. This letter Agreement cannot be modified or changed without the express written consent of the City of Attorney of the City of Pomona. On behalf of (Name of Contractor or Vendor) (Address) I agree to the terms of this Letter Agreement Name Title (Manager, Owner, or Officer of Company) This Agreement is to be returned to: City of Pomona Purchasing Department, P. O. Box 660, Pomona, CA 91769
New Modular Office - Site Plan Hardware Shed Bathrooms & Lockers Electrical Transformer 8.25 FT 24 FT Existing Parking 40 FT N HUNTINGTON BLVD New Modular Office 5 FT Electrical p Transformer Refuse Bins W COMMERCIAL ST Existing Masonry Building 1 inch = 20 feet 0 5 10 20 30 40 Feet µ