COMPLETED BOARD ORDER A-11994�y�Before the Board of Supervisors in and for the
County of Monterey, State of California
Agreement No. A-11994
a. Award contract to Canterbury Manufactured
Homes in the amount of $204,220 to provide
Five Modular Living Units for Monterey County
Parks, Lake Nacimiento and Lake San Antonio,
Bid No. 10306; and
b. Authorize the Chair of the Board to sign the
contract; and
c. Authorize the Director of Parks to approve
change orders up to 10% of the bid
Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried by those
members present, the Board hereby;
a. Award contract to Canterbury Manufactured Homes in the amount of $204,220
to provide Five Modular Living Units for Monterey County Parks, Lake
Nacimiento and Lake San Antonio, Bid No.10306; and
b. Authorize the Chair of the Board to sign the contract; and
c. Authorize the Director of Parks to approve change orders up to 10% of the bid.
PASSED AND ADOPTED on this 24th day of May, 2011, by the following vote, to wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, and Potter
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered
in the minutes thereof of Minute Book 75 for the meeting on May 24, 2011.
Dated: May 26, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By
Deputy
44
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COMPLETED BOARD ORDER A-11994�y�Agreement between County of Monterey and Canterbury Manufactured Homes RFP # 10306
AGREEMENT TO PROVIDE FIVE 5) MODULAR UNITS FOR
THE MONTEREY COUNTY PARKS DEPARTMENT
This AGREEMENT is made and entered into by and between the County of Monterey, a
political subdivision of the State of California, hereinafter referred to as County", and
Canterbury Manufactured Homes, hereinafter referred to as CONTRACTOR."
RECITALS
A.
WHEREAS, County has invited proposals through the Request for Proposals
RFP # 10306) for Proper removal and disposal of five 5) modular units, and purchase
and installation of five 5) pre-fabricated new modular rental living units. Four 4) units
shall be placed at Lake San Antonio's North Shore, and One 1) unit shall be placed at
Lake Nacimiento Resort, in accordance with the specifications set forth in this
AGREEMENT; and
B. WHEREAS, CONTRACTOR has submitted a responsive and responsible proposal to
perform such services; and
C. WHEREAS, CONTRACTOR has the expertise and capabilities necessary to provide the
services requested.
NOW THEREFORE, County and CONTRACTOR, for the consideration hereinafter
named, agree as follows:
1.0 PERFORMANCE OF THE AGREEMENT
1.1 After consideration and evaluation of the CONTRACTOR'S proposal, the County hereby
engages CONTRACTOR to provide the services set forth in RFP# 10306 and in this
AGREEMENT on the terms and conditions contained herein and in RFP# 10306. The
intent of this AGREEMENT is to summarize the contractual obligations of the parties.
The component parts of this AGREEMENT include the following:
RFP# 10306 dated Thursday April 7th 2011,
Addenda # 1 & 2
CONTRACTOR'S Proposal dated April 22, 2011, including all attachments and
exhibits, to RFP # 10306
AGREEMENT
Certificate of Insurance
Additional Insured Endorsements
I
I
Prepared by Jaime Ayala, Deputy Purchasing Agent
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COMPLETED BOARD ORDER A-11994�y�Agreement between County of Monterey and Canterbury Manufactured Homes RFP # 10306
1.2 All of the above-referenced contract documents are intended to be complementary. Work
required by one of the above-referenced contract documents and not by others shall be
done as if required by all. In the event of a conflict between or among component parts
of the contract, the contract documents shall be construed in the following order:
AGREEMENT, General Requirements and General Provisions, CONTRACTOR'S
Proposal with all attachments and exhibits), RFP #10306, Addendum, Certificate of
Insurance, and Additional Insured Endorsements.
1.3 CONTRACTOR warrants that CONTRACTOR and CONTRACTOR's agents,
employees, and subcontractors performing services under this AGREEMENT are
specially trained, experienced, competent, and appropriately licensed to perform the work
and deliver the services required under this AGREEMENT and are not employees of the
County, or immediate family of an employee of the County.
1.4 CONTRACTOR, its agents, employees, and subcontractors shall perform all work in a
safe and skillful manner and in compliance with all applicable laws and regulations. All
work performed under this AGREEMENT that is required by law to be performed or
supervised by licensed personnel shall be performed in accordance with such licensing
requirements.
1.5 CONTRACTOR shall furnish, at its own expense, all materials, equipment, and
personnel necessary to carry out the terms of this AGREEMENT, except as otherwise
specified in this AGREEMENT. CONTRACTOR shall not use County premises,
property including equipment, instruments, or supplies) or personnel for any purpose
other than in the performance of its obligations under this AGREEMENT.
1.6 PROPOSED PROJECT TIMELINE
Demolition and disposal shall begin upon signed award of contract and shall be
completed before new units arrive. Delivery of new units will be within 40 days after
signed award contract. Installation shall be complete within 2 weeks after delivery.
2.0 SCOPE OF SERVICE
2.1 FIVE 5) NEW UNITS
Five 5) new units shall be a minimum of 12' X 33' nominal size, excluding hitch, one
bedroom with separate bunk area, fully functional kitchen, sliding glass door side
entrance, dormer roof above SGD. Cabin to have brown rustic exterior appearance.
INTERIOR
2.1.1 Drywall, Y2" taped, knock down texture throughout
2.1.2 Cathedral ceilings, open beam appearance wood finish beams / drywall between
beams)
2.1.3 Wood interior passage with heavy duty hardware
2.1.4 2" white/neutral faux mini blinds throughout except clerestory windows
2.1.5 Oak Laminate flooring
2.1.6 Upgrade lighting package
2.1.7 Smoke detector
Prepared by Jaime Ayala, Deputy Purchasing Agent
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COMPLETED BOARD ORDER A-11994�y�Agreement between County of Monterey and Canterbury Manufactured Homes RFP #t 10306
2.1.8 Fire extinguisher
2.1.9 LP Leak Gas Detector in units with propane
2.1.10 Satin fixtures throughout
2.1.11 Vinyl cove base throughout
2.1.12 Ceiling fan with light in living room
2.1.13 Pre-wire on wall for TV, Electrical outlet next to TV jack
KITCHEN / BATHROOM
2.1.14 Laminate countertops and tile backsplashes
2.1.15 Full appliance packages 30" LPG range/oven, vent hood/microwave combo)
2.1.16 GE 16 Cu Ft, double door, frost free Energy Star rated
2.1.17 Wood cabinet doors and face frames with hidden hinges or frameless cabinets,
Crown molding included on hardwood cabinets
2.1.18 Choice of upgraded cabinet pulls
2.1.19 Drawers with double steel roller guides
2.1.20 Satin finish single lever kitchen faucet Delta or Moen, or equivalent)
2.1.21 Stainless steel kitchen sink Per floor plan)
2.1.22 One piece fiberglass tub / shower Lasco or equivalent)
2.1.23 Bathroom exhaust fan
EXTERIOR
2.1.24 Medium brown colored metal roof, standing ridge, 25 year warranty, with painted
drip edge on roof
2.1.25 Fiber cement lap exterior siding, brown wood tone over OSB wood wrap and
building wrap, Hardy board, Certanteed or equivalent
2.1.26 Fiber cement exterior trim around doors, windows and corners
2.1.27 Exterior lights at each door
2.1.28 Beige or white, vinyl or vinyl clad aluminum framed low E" dual glaze windows
U35 or better) or equivalent)
2.1.29 Front and rear overhangs
2.1.30 Exterior GFI receptacle
2.1.31 Beige or white, vinyl or vinyl clad aluminum framed 6' sliding glass door or
equivalent)
PLUMBING, ELECTRICAL, HEATING & INSULATION
2.1.32 PEX waterlines with low point drain
2.1.33 Residential grade U.L. approved electrical devices throughout
2.1.34 50 amp exterior main panel service with 36' supply cord
2.1.35 Easy touch rocker light switches throughout
2.1.36 R-22 fiberglass floor insulation
2.1.37 R-13 fiberglass sidewall insulation
2.1.38 R-30 fiberglass batt ceiling insulation
2.1.39 Black iron gas pipe run to rear utility area location approved by customer)
2.1.40 Under sink waterline shut-off valves
2.1.41 28 gallon electric water with metal pan and drain
2.1.42 GFI protection in bath and kitchen
2.1.43 40,000 minimum BTU propane gas furnace with A-coil installed, refrigeration
lines to side of unit location approved by customer)
Prepared by Jaime Ayala, Deputy Purchasing Agent
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COMPLETED BOARD ORDER A-11994�y�Agreement between County of Monterey and Canterbury Manufactured Homes RFP # 10306
2.1.44 Insulated HVAC ducting
CONSTRUCTION
2.1.45 Full 10"/12" I-beam chassis construction
2.1.46 Transverse 2" x 6" #2 or better fir floor joists 16" O.C.
2.1.47 Engineered trusses 6/12 pitch roof, 6" eaves
2.1.48 Detachable hitch from main chassis
2.1.49 Woven simplex underbelly material
2.1.50 5/8" CRESDEK Floor Decking
2.1.51 2" x 4" sidewalls 16" O.C.
2.1.52 26 gauge steel strapping for truss to sidewall and floor to sidewall strength
2.1.53 RPTIA approved
2.1.54 ANSI approved
2.1.55 All units shall be Wild-land Urban Interface Code Compliant
OPTIONAL ITEMS
2.1.56 Steps, One 1) set of composite steps shall be the same width as the sliding glass
door approx. 6') with a 3' x 6' approx.) landing at the top
2.2 INDIVIDUAL PARK MODEL SPECIFICATIONS
Each park model shall be built to the attached specs as requested in RFP #10306 as
detailed in section 2.1 of this agreement and attached Cabin Floor Plan as per Attachment
A of this Agreement
2.3 INSTALLATION OF FIVE 5) PARK MODELS
Five 5) new Park Models shall be installed in the same spaces as units currently in place.
One 1) at Lake Nacimiento and Four 4) at Lake San Antonio. Units currently in place
shall be removed and disposed of properly. Removal includes all associated decks, stairs,
interior furnishings, skirting and appliances. Site cleanup includes removal of any foreign
debris. Units will be properly disposed of at nearest landfill.
Installation shall include
Level & Block Hook-up Utilities within 5' of unit)
Ceiling Fan Installation Wiring for one 1) phone jack
Hardie Board Skirting painted to match Drywall Crack Repair
Installation of light bulbs Broom Clean
3.0 TERM OF AGREEMENT
3.1 The initial term shall commence with the signing of the AGREEMENT through and
including one 1) year period.
3.2 County reserves the right to cancel the AGREEMENT, or any extension of the
AGREEMENT, without cause, with a thirty 30) day written notice, or immediately with
cause.
Prepared by Jaime Ayala, Deputy Purchasing Agent
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COMPLETED BOARD ORDER A-11994�y�Agreement between County of Monterey and Canterbury Manufactured Homes RFP # 10306
4.0 COMPENSATION AND PAYMENTS
4.1 It is mutually understood and agreed by both parties that CONTRACTOR shall be
compensated under this AGREEMENT in accordance with the pricing sheet attached
hereto.
4.2 Prices shall remain firm for the initial term of this AGREEMENT and, thereafter, may be
adjusted annually as provided in this paragraph. County does not guarantee any minimum
or maximum amount of dollars to be spent under this AGREEMENT.
4.3 Negotiations for rate changes shall be commenced, by CONTRACTOR, a minimum of
ninety days 90) prior to the expiration of this AGREEMENT.
4.4 Any discount offered by the CONTRACTOR must allow for payment after receipt and
acceptance of services, material or equipment and correct invoice, whichever is later. In
no case will a discount be considered that requires payment in less than 30 days.
4.5 CONTRACTOR shall levy no additional fees nor surcharges of any kind during the term
of this AGREEMENT without first obtaining approval from County in writing.
4.6 Payments:
4.6.1 1st payment due upon completion of demolition work $ 18,780
4.6.2 2nd payment due upon delivery of 5 manufactured units $111,125
4.6.2.1 Paid directly to Champion Home Builders upon receipt of invoice
4.6.3 3rd payment due upon completion of work $ 74,315
4.7 Combined pricing for the demolition of existing units and providing five 5) brand new
units for Lake San Antonio and Lake Nacimiento is as follows;
UNIT #1 LAKE SAN ANTONIO:
Demo/Removal/Disposal of existing unit
$3,200
New park model as specked $28,812
Sales Tax $2,377
DMV Registration $344
Freight to site $1,200
Set-up park model unit $3,995
Steps: One 1) set of composite steps $360
Total for unit # 1 $40,288
UNIT #2 LAKE SAN ANTONIO:
Demo/Removal/Disposal of existing unit
$3,200
New park model as specked $28,812
Sales Tax $2,377
DMV Registration $344
Freight to site $1,200
Set-up park model unit $3,995
Steps: One 1) set of composite steps $360
Total for unit # 2 $40,288
Prepared by Jaime Ayala, Deputy Purchasing Agent
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COMPLETED BOARD ORDER A-11994�y�Agreement between County of Monterey and Canterbury Manufactured Homes RFP # 10306
UNIT #3 LAKE SAN ANTONIO:
Demo/Removal/Disposal of existing unit
$3,200
New park model as specked $28,812
Sales Tax $2,377
DMV Registration $344
Freight to site $1,200
Set-up park model unit $3,995
Steps: One 1) set of composite steps $360
Total for unit # 3 $40,288
UNIT #4 LAKE SAN ANTONIO:
Demo/Removal/Disposal of existing unit
$3,200
New park model as specked $28,812
Sales Tax $2,377
DMV Registration $344
Freight to site $1,200
Set-up park model unit $3,995
Steps: One 1) set of composite steps $360
Total for unit # 4 $40,288
UNIT #5 LAKE NACIMIENTO:
Demo/Removal/Disposal of existing unit
$5,980
New park model as specked $28,812
Sales Tax $2,377
DMV Registration $344
Freight to site $1,200
Set-up park model unit $3,995
Steps: One 1) set of composite steps $360
Total for unit # 5 $43,068
Total for the demolition of 5 existing units, and $204,220
replacement with 5 new units.
4.8 Tax:
4.8.1 Pricing as per this AGREEMENT is inclusive of all applicable taxes.
4.8.2 County is registered with the Internal Revenue Service, San Francisco office,
registration number 94730022K. The County is exempt from Federal
Transportation Tax; an exemption certificate is not required where shipping
documents show Monterey County as consignee.
Prepared by Jaime Ayala, Deputy Purchasing Agent
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COMPLETED BOARD ORDER A-11994�y�Agreement between County of Monterey and Canterbury Manufactured Homes RFP # 10306
5.0 INVOICES AND PURCHASE ORDERS
5.1 Invoice amounts shall be billed directly to the ordering department.
5.2 CONTACTOR shall reference the RFP/RFQ number on all invoices submitted to County.
CONTRACTOR shall submit such invoices periodically or at the completion of services,
but in any event, not later than 30 days after completion of services. The invoice shall set
forth the amounts claimed by CONTRACTOR for the previous period, together with an
itemized basis for the amounts claimed, and such other information pertinent to the
invoice. County shall certify the invoice, either in the requested amount or in such other
amount as County approves in conformity with this AGREEMENT, and shall promptly
submit such invoice to County Auditor-Controller for payment. County Auditor-
Controller shall pay the amount certified within 30 days of receiving the certified invoice.
5.3 All County of Monterey Purchase Orders issued for the AGREEMENT are valid only
during the fiscal year in which they are issued the fiscal year is defined as July 1 through
June 30).
5.4 Unauthorized Surcharges or Fees: Invoices containing unauthorized surcharges or
unauthorized fees of any kind shall be rejected by County. Surcharges and additional fees
not included the AGREEMENT must be approved by County in writing via an
Amendment.
6.0 STANDARD INDEMNIFICATION
6.1
CONTRACTOR shall indemnify, defend, and hold harmless County, its officers, agents,
and employees, from and against any and all claims, liabilities, and losses whatsoever
including damages to property and injuries to or death of persons, court costs, and
reasonable attorneys' fees) occurring or resulting to any and all persons, firms or
corporations furnishing or supplying work, services, materials, or supplies in connection
with the performance of this AGREEMENT, and from any and all claims, liabilities, and
losses occurring or resulting to any person, firm, or corporation for damage, injury, or
death arising out of or connected with CONTRACTOR's performance of this
AGREEMENT, unless such claims, liabilities, or losses arise out of the sole negligence
or willful misconduct of County. CONTRACTOR's performance" includes
CONTRACTOR's action or inaction and the action or inaction of CONTRACTOR's
officers, employees, agents and subcontractors.
I
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Prepared by Jaime Ayala, Deputy Purchasing Agent
Page 7 of 16
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COMPLETED BOARD ORDER A-11994�y �Agreement between County of Monterey and Canterbury Manufactured Homes RFP # 10306
7.0 INSURANCE REQUIREMENTS
7.1 Evidence of Coverage:
7.1.1 Prior to commencement of this AGREEMENT, CONTRACTOR shall provide a
Certificate of Insurance" certifying that coverage as required herein has been
obtained. Individual endorsements executed by the insurance carrier shall
accompany the certificate. In addition CONTRACTOR upon request shall
provide a certified copy of the policy or policies.
7.1.2 This verification of coverage shall be sent to the County's Contracts/Purchasing
Department, unless otherwise directed. CONTRACTOR shall not receive a
Notice to Proceed" with the work under this AGREEMENT until it has obtained
all insurance required and such, insurance has been approved by County. This
approval of insurance shall neither relieve nor decrease the liability of
CONTRACTOR.
7.1.3 Qualifying Insurers: All coverage's, except surety, shall be issued by companies
which hold a current policy holder's alphabetic and financial size category rating
of not less than A- VII, according to the current Best's Key Rating Guide or a
company of equal financial stability that is approved by County's Purchasing
Officer.
7.2 Insurance Coverage Requirements:
7.2.1 Without limiting CONTRACTOR's duty to indemnify, CONTRACTOR shall
maintain in effect throughout the term of this AGREEMENT a policy or policies
of insurance with the following minimum limits of liability:
7.2.1.1 Commercial general liability insurance, including but not limited to
premises and operations, including coverage for Bodily Injury and
Property Damage, Personal Injury, Contractual Liability, Broadform
Property Damage, Independent Contractors, Products and Completed
Operations, with a combined single limit for Bodily Injury and Property
Damage of not less than $1,000,000 per occurrence.
7.2.2 Business automobile liability insurance, covering all motor vehicles,
including owned, leased, non-owned, and hired vehicles, used in
providing services under this AGREEMENT, with a combined single
limit for Bodily Injury and Property Damage of not less than $1,000,000
per occurrence.
7.2.3 Workers' Compensation Insurance, if CONTRACTOR employs others
in the performance of this AGREEMENT, in accordance with California
Labor Code section 3700 and with Employer's Liability limits not less
Prepared by Jaime Ayala, Deputy Purchasing Agent
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COMPLETED BOARD ORDER A-11994�y
�Agreement between County of Monterey and Canterbury Manufactured Homes RFP # 10306
than $1,000,000 each person, $1,000,000 each accident and $1,000,000
each disease.
7.2.4 Professional liability insurance, if required for the professional services
being provided, e.g., those persons authorized by a license to engage in
a business or profession regulated by the California Business and
Professions Code), in the amount of not less than $1,000,000 per claim
and $2,000,000 in the aggregate, to cover liability for malpractice or
errors or omissions made in the course of rendering professional
services. If professional liability insurance is written on a claims-made"
basis rather than an occurrence basis, CONTRACTOR shall, upon the
expiration or earlier termination of this AGREEMENT, obtain extended
reporting coverage tail coverage") with the same liability limits. Any
such tail coverage shall continue for at least three years following the
expiration or earlier termination of this AGREEMENT.
7.3 Other Insurance Requirements:
7.3.1 All insurance required by this AGREEMENT shall be with a company acceptable
to County and issued and executed by an admitted insurer authorized to transact
Insurance business in the State of California. Unless otherwise specified by this
AGREEMENT, all such insurance shall be written on an occurrence basis, or, if
the policy is not written on an occurrence basis, such policy with the coverage
required herein shall continue in effect for a period of three years following the
date CONTRACTOR completes its performance of services under this
AGREEMENT.
7.3.2 Each liability policy shall provide that County shall be given notice in writing at
least thirty days in advance of any endorsed reduction in coverage or limit,
cancellation, or intended non-renewal thereof. Each policy shall provide coverage
for CONTRACTOR and additional insureds with respect to claims arising from
each subcontractor, if any, performing work under this AGREEMENT, or be
accompanied by a certificate of insurance from each subcontractor showing each
subcontractor has identical insurance coverage to the above requirements.
7.3.3 Commercial general liability and automobile liability policies shall provide an
endorsement naming the County of Monterey, its officers, agents, and employees
as Additional Insureds with respect to liability arising out of the
CONTRACTOR'S work including ongoing and completed operations, and shall
further provide that such insurance is primary insurance to any insurance or self-
insurance maintained by the County and that the insurance of the Additional
Insureds shall not be called upon to contribute to a loss covered by the
CONTRACTOR'S insurance. The required endorsement form for Commercial
General Liability Additional Insured is ISO Form CG 20 10 11-85 or CG 20 10
10 01 in tandem with CG 20 3710 01 2000). The required endorsement form for
Automobile Additional Insured endorsement is ISO Form CA 20 48 02 99.
Prepared by Jaime Ayala, Deputy Purchasing Agent
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COMPLETED BOARD ORDER A-11994�y
�Agreement between County of Monterey and Canterbury Manufactured Homes RFP # 10306
7.3.4 Prior to the execution of this AGREEMENT by County, CONTRACTOR shall
file certificates of insurance with County's contract administrator and County's
Contracts/Purchasing Division, showing that CONTRACTOR has in effect the
insurance required by this AGREEMENT. CONTRACTOR shall file a new or
amended certificate of insurance within five calendar days after any change is
made in any insurance policy, which would alter the information on the certificate
then on file. Acceptance or approval of insurance shall in no way modify or
change the indemnification clause in this AGREEMENT, which shall continue in
full force and effect.
7.3.5 CONTRACTOR shall at all times during the term of this AGREEMENT maintain
in force the insurance coverage required under this AGREEMENT and shall send,
without demand by County, annual certificates to County's Contract
Administrator and County's Contracts/Purchasing Division. If the certificate is
not received by the expiration date, County shall notify CONTRACTOR and
CONTRACTOR shall have five calendar days to send in the certificate,
evidencing no lapse in coverage during the interim. Failure by CONTRACTOR
to maintain such insurance is a default of this AGREEMENT, which entitles
County, at its sole discretion, to terminate this AGREEMENT immediately.
8.0 RECORDS AND CONFIDENTIALITY
8.1 Confidentiality: CONTRACTOR and its officers, employees, agents, and subcontractors
shall comply with any and all federal, state, and local laws, which provide for the
confidentiality of records and other information. CONTRACTOR shall not disclose any
confidential records or other confidential information received from the County or
prepared in connection with the performance of this AGREEMENT, unless County
specifically permits CONTRACTOR to disclose such records or information.
CONTRACTOR shall promptly transmit to County any and all requests for disclosure of
any such confidential records or information. CONTRACTOR shall not use any
confidential information gained by CONTRACTOR in the performance of this
AGREEMENT except for the sole purpose of carrying out CONTRACTOR's obligations
under this AGREEMENT.
8.2 County Records: When this AGREEMENT expires or terminates, CONTRACTOR shall
return to County any County records which CONTRACTOR used or received from
County to perform services under this AGREEMENT.
8.3 Maintenance of Records: CONTRACTOR shall prepare, maintain, and preserve all
reports and records that may be required by federal, state, and County rules and
regulations related to services performed under this AGREEMENT.
8.4 Access to and Audit of Records: County shall have the right to examine, monitor and
audit all records, documents, conditions, and activities of CONTRACTOR and its
subcontractors related to services provided under this AGREEMENT. Pursuant to
Government Code section 8546.7, if this AGREEMENT involves the expenditure of
I
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COMPLETED BOARD ORDER A-11994�y
�Agreement between County of Monterey and Canterbury Manufactured Homes RFP # 10306
public funds in excess of $10,000, the parties to this AGREEMENT may be subject, at
the request of County or as part of any audit of County, to the examination and audit of
the State Auditor pertaining to matters connected with the performance of this
AGREEMENT for a period of three years after final payment under the AGREEMENT.
9.0 NON-DISCRIMINATION
9.1 During the performance of this contract, CONTRACTOR shall not unlawfully
discriminate against any employee or applicant for employment because of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, age over 40), sex, or sexual orientation. CONTRACTOR shall
ensure that the evaluation and treatment of its employees and applicants for employment
are free of such discrimination. CONTRACTOR shall comply with the provisions of the
Fair Employment and Housing Act Government Code, 12900, et seq.) and the
applicable regulations promulgated thereunder California Code of Regulations, Title 2,
7285.0, et seq.).
9.2 The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code, 12900, et seq., set forth in Chapter 5 of Division 4 of
Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by
reference and made a part hereof as if set forth in full.
9.3 CONTRACTOR shall include the non-discrimination and compliance provisions of the
clause in all AGREEMENTs with subcontractors to perform work under the contract.
10.0 OVERRIDING CONTRACTOR PERFORMANCE
REQUIREMENTS
10.1 Independent Contractor: CONTRACTOR shall be an independent contractor and shall
not be an employee of Monterey County, nor immediate family of an employee of
County. CONTRACTOR shall be responsible for all insurance General Liability,
Automobile, Workers' Compensation, unemployment, etc,) and all payroll-related taxes.
CONTRACTOR shall not be entitled to any employee benefits. CONTRACTOR shall
control the manner and means of accomplishing the result contracted for herein.
10.2 Minimum Work Performance Percentage: CONTRACTOR shall perform with his own
organization contract work amounting to not less than 50 percent of the original total
AGREEMENT amount, except that any designated Specialty Items' may be performed
by subcontract and the amount of any such Specialty Items' so performed may be
deducted from the original total AGREEMENT amount before computing the amount of
work required to be performed by CONTRACTOR with his own organization or per a
consortium.
Prepared by Jaime Ayala, Deputy Purchasing Agent
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COMPLETED BOARD ORDER A-11994�y
�Agreement between County of Monterey and Canterbury Manufactured Homes RFP # 10306
11.0 CONFLICT OF INTEREST
11.1 CONTRACTOR covenants that CONTRACTOR, its responsible officers, and its
employees having major responsibilities for the performance of work under the
AGREEMENT, presently have no interest and during the term of this AGREEMENT
will not acquire any interests, direct or indirect, which might conflict in any manner or
degree with the performance of CONTRACTOR'S services under this AGREEMENT.
12.0 COMPLIANCE WITH APPLICABLE LAWS
12.1 CONTRACTOR shall keep itself informed of and in compliance with all federal, state
and local laws, ordinances, regulations, and orders, including but not limited to all state
and federal tax laws, that may affect in any manner the Project or the performance of the
Services or those engaged to perform Services under this AGREEMENT.
CONTRACTOR shall procure all permits and licenses, pay all charges and fees, and give
all notices required by law in the performance of the Services.
12.2 CONTRACTOR shall report immediately to County's Contracts/Purchasing Officer, in
writing, any discrepancy or inconsistency it discovers in the laws, ordinances,
regulations, orders, and/or guidelines in relation to the Project of the performance of the
Services.
12.3 All documentation prepared by CONTRACTOR shall provide for a completed project
that conforms to all applicable codes, rules, regulations and guidelines that are in force at
the time such documentation is prepared.
13.0 LEGAL DISPUTES
13.1 CONTRACTOR agrees that this AGREEMENT, and any dispute arising from the
relationship between the parties to this AGREEMENT, shall be governed and interpreted
by the laws of the State of California, excluding any laws that direct the application of
another jurisdiction's laws.
13.2 Any dispute that arises under or relates to this AGREEMENT whether contract, tort, or
both) shall be resolved in the Superior Court of California in Monterey County,
California.
13.3 CONTRACTOR shall continue to perform under this AGREEMENT during any dispute.
13.4 The parties agree to waive their separate rights to a trial by jury. This waiver means that
the trial will be before a judge.
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COMPLETED BOARD ORDER A-11994�y�Agreement between County of Monteand Canterbury Mufactured Homes RFP # 10306
COUNTY Signature
Printed Name
Title
CONTRA TOR Signature
Printed Name
Prey; 7- Cep
Title
Date
14.0 PUBLIC WORKS OF IMPROVEMENT REQUIREMENTS
14.1 Prevailing Wages: If applicable, CONTRACTOR shall comply with provisions of the
Labor Code sections 1720, et seq.) governing public works, including payment of
prevailing wages, payroll records and employment of apprentices. Copies of the
determination of the general prevailing rate of per diem wages are available to interested
parties at: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
14.2 Local Hiring per County of Monterey Code 5.08.120: All provisions included in County
of Monterey Code 5.08.120 are applicable to this AGREEMENT, including but not
limited to:
14.2.1 County of Monterey Code Section 5.08.120 General Provisions; Unless such a
provision would conflict with a State or Federal law or regulation applicable to a
particular contract for public works of improvement, all County contracts for
public works of improvement shall contain provisions pursuant to which the
contractor promises to make a good-faith effort to hire qualified individuals who
are, and have been for at least one year prior to the opening of bids, residents of
the Monterey Bay Area in sufficient numbers so that no less than fifty 50)
percent of the contractor's total construction work force, including any
subcontractor work force, measured in labor work hours, is comprised of
Monterey Bay Area residents.
14.2.2 For the purpose of this Section, the following terms have the meanings indicated:
Board" shall mean the Monterey County Board of Supervisors.
Qualified individual" shall mean a person who is specially trained, skilled, and
experienced in the work, trade, or craft specified in the portion of the public work
of improvement to be performed or who is enrolled in a certified State or federally
approved apprenticeship program in the applicable trade or who is a journey
person in his or her applicable trade.
Resident of Monterey Bay Area" shall mean a person who resides within the
boundaries of Monterey County, Santa Cruz County, or San Benito County.
Prepared by Jaime Ayala, Deputy Purchasing Agent
Page 13 of 16
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COMPLETED BOARD ORDER A-11994�y�Agreement between County of Monterey and Canterbury Manufactured Homes RFP # 10306
15.0 HAZARDOUS MATERIALS
15.1 HAZARDOUS MATERIALS: Transportation of any hazardous materials to County
must be done so in conformance with SARA Title 3 as amended. Appropriate
documentation must be provided in a Material Safety Data Sheet MSDS) and other
documentation as necessary relating to the traits, characteristics, and pervasive properties
of any hazardous materials shipped to the County of Monterey. The shipper understands
that County shall not accept any shipment of hazardous materials without complete
documentation and safety information as required by law. County shall not take
responsibility for the accidental or purposeful discharge or release of any hazardous
material. County does not take responsibility for the improper packaging and/or
transportation of any hazardous materials ordered by County while in transit or storage
prior to delivery and acceptance by County.
16.0 NOTICES
16.1 Non-Assignment: CONTRACTOR shall not assign this contract or the work required
herein without the prior written consent of County.
16.2 Notices required to be given to the respective parties under this AGREEMENT shall be
deemed given by any of the following means: 1) when personally delivered to County's
contract administrator or to CONTRACTOR'S responsible officer; 2) when personally
delivered to the party's principle place of business during normal business hours, by
leaving notice with any person apparently in charge of the office and advising such
person of the import and contents of the notice; 3) 24 hours after the notice is transmitted
by FAX machine to the other party, at the party's FAX number specified pursuant to this
AGREEMENT, provided that the party giving notice by FAX must promptly confirm
receipt of the FAX by telephone to the receiving party's office; or, 4) three 3) days
after the notice is deposited in the U. S. mail with first class or better postage fully
prepaid, addressed to the party as indicated below.
I
I
Prepared by Jaime Ayala, Deputy Purchasing Agent
Page 14 of 16
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IN-U07
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BEARDSALL-U09
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COMPLETED BOARD ORDER A-11994�y�Agreement between County of Monterey and Canterbury Manufactured Homes RFP # 10306
Notices mailed or faxed to the parties shall be addressed as follows:
TO COUNTY: TO CONTRACTOR:
Contracts/Purchasing Officer Name STee e Ca--Te6e-"
County of Monterey, Contracts/Purchasing Address
168 W. Alisal Street, 3rd Floor. G6 r 6 Gi� 95918
Salinas, CA 93901-2439
Tel. No.: 831) 755-4990 Tel. No 5 30- 9Y r- 3336
FAX No.: 831) 755-4969 FAX No.530- rr- 333y
DerrM@co.monterey.ca.us Email STS Ag~?ti
IN WITNESS WHEREOF, the County and CONTRACTOR execute this AGREEMENT as
follows:
MONTEREY C
Chair, Board of Supervisors
Dated:
CONTRACTOR
B
Signature of Chair, President, or
Vice-President
$Te"l-e
Printed Name and Title
Dated: 117 / / mod/
B y.
Approved as to Liability Provisions:
N/A-
Risk Management
Dated:
A44statCounty Counse
Dated:
S IV
Prepared by Jaime Ayala, Deputy Purchasing Agent
Signature of Secretary, Asst. Secretary, CF
Treasurer or Asst. Treasurer)*
Printed Name and Title
Dated: 41 r 12 Z~q
Page 15 of 16
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COMPLETED BOARD ORDER A-11994�y�a4TH
N STORAGE ORA1IFRS k
REINFORCED C4'NU TO
ACCOY ETRESS
LIVING ROOM
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COMPLETED BOARD ORDER A-11994�y�EXHIBIT A
MONTEREY COUNTY PARKS DEPARTMENT
Peak
Season Avg. # of
Annual Rental
Nights
per Unit Avg.
Nighlty
Rental
*Rate Estimated
Annual
Revenue
per Unit
Number
of
Units Estimated
Gross
Annual
Revenue Estimated
Annual
Cost for
**Maintenance Estimated
Net
Annual
Revenue Cumulative
Total Estimate
Over 20 Yrs
Useful Life
2011 120 $ 315 $ 37,800 5 $ 189,000 $ $ 189,000
2012 120 $ 323 $ 38,745 5 $ 193,725 $ 7,500 $ 186,225 $ 375,225
2013 120 $ 331 $ 39,714 5 $ 198,568 $ 7,650 $ 190,918 $ 566,143
2014 120 $ 339 $ 40,706 5 $ 203,532 $ 7,841 $ 195,691 $ 761,834
2015 120 $ 348 $ 41,724 5 $ 208,621 $ 8,037 $ 200,583 $ 962,418
2016 120 $ 356 $ 42,767 5 $ 213,836 $ 8,238 $ 205,598 $ 1,168,015
2017 120 $ 365 $ 43,836 5 $ 219,182 $ 8,444 $ 210,738 $ 1,378,753
2018 120 $ 374 $ 44,932 5 $ 224,662 $ 8,655 $ 216,006 $ 1,594,760
2019 120 $ 384 $ 46,056 5 $ 230,278 $ 8,872 $ 221,406 $ 1,816,166
2020 120 $ 393 $ 47,207 5 $ 236,035 $ 9,093 $ 226,942 $ 2,043,108
2021 120 $ 403 $ 48,387 5 $ 241,936 $ 9,321 $ 232,615 $ 2,275,723
2022 120 $ 413 $ 49,597 5 $ 247,984 $ 9,554 $ 238,431 $ 2,514,154
2023 120 $ 424 $ 50,837 5 $ 254,184 $ 9,793 $ 244,391 $ 2,758,545
2024 120 $ 434 $ 52,108 5 $ 260,539 $ 10,037 $ 250,501 $ 3,009,046
2025 120 $ 445 $ 53,410 5 $ 267,052 $ 10,288 $ 256,764 $ 3,265,810
2026 120 $ 456 $ 54,746 5 $ 273,728 $ 10,546 $ 263,183 $ 3,528,993
2027 120 $ 468 $ 56,114 5 $ 280,572 $ 10,809 $ 269,762 $ 3,798,755
2028 120 $ 479 $ 57,517 5 $ 287,586 $ 11,079 $ 276,506 $ 4,075,261
2029 120 $ 491 $ 58,955 5 $ 294,775 $ 11,356 $ 283,419 $ 4,358,680
2030 120 $ 504 $ 60,429 5 $ 302,145 $ 11,640 $ 290,505 $ 4,649,185
$ 4,649,185
*Assume average nightly rental rate increases 2.5% per year
** Assume annual maintenance cost increases 2.5% per year
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COMPLETED BOARD ORDER A-11994�y�SOLICITATION NUMBER AND DESCRIPTION: RFP 10306 Modular Living Units for County Lakes
DEPARTMENT: Contracts / Purchasing / Mo. Co. Parks Lakes) Jaime Ayala
NAME, DEPUTY PURCHASING AGENT
DATE AND TIME DUE: Friday April 22nd, 2011
BIDDER SIGNATURE
PAGE
YES/NO EXCEPTIONS
YES/NO # OF COPIES
1-0 / 3-C / 1-E ADDENDUM
#1 ADDENDUM
#2 Pricing All
Inclusive]
ATLAS HOMES Yes 1-0 / 4-C Yes Yes $235,086
CANTERBURY HOMES Yes NO 1-O/3-C/1-E Yes Yes $202,420
KIMBALL CONSTRUCTION INC Yes YY'L'. 1-O/3-C/1-E Yes Yes $328,670
PACIFIC GARDEN & DESIGN Yes NO 1-0 / 3-C NO IN 0 $15,000
YAMADA HOMES Yes NO 1-O/3-C/1-E Yes Yes $219,200
1
2
3
4
5
6
7
8
*** Take note of Exceptions
*** NOTE
*** NOTE
* NOTE
* Only Proposed for REMOVAL of 5 Units
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COMPLETED BOARD ORDER A-11994�y�MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: May 24, 2011 Consent AGENDA NO: 44
SUBJECT: a. Award contract to Canterbury Manufactured Homes in the amount
$204,220 to provide Five Modular Living Units for Monterey County Parks,
Lake Nacimiento and Lake San Antonio, Bid No. 10306; and
b. Authorize the Chair of the Board to sign the contract; and
c. Authorize the Director of Parks to approve change orders up to 10% of the
bid
DEPARTMENT: Parks
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Award contract to Canterbury Manufactured Homes in the amount of
$204,220 to provide Five Modular Living Units for Monterey County
Parks, Lake Nacimiento and Lake San Antonio, Bid No.10306; and
b. Authorize the Chair of the Board to sign the contract; and
c. Authorize the Director of Parks to approve change orders up to 10% of the bid
SUMMARY/DISCUSSION:
Substandard conditions at the lakes facilities have contributed toward a reduction of patronage
and visitor attendance since the County purchased the Lakes Resort assets, both real and personal
property, from Water World Resorts, Inc./Lake San Antonio Resorts, Inc. on October 1, 2007.
As noted prior to the County's takeover of the resorts operations in 2007, Lee & Pierce
Engineering report recommended an immediate investment in capital outlay for assets with an
estimated remaining useful life of 5 years or less.
The Parks Department has been able to invest $3.5 in capital asset and maintenance expenditures
through a combination of grant funding and resort revenues on numerous critical projects and
imminent health and safety issues that arose after the settlement and purchase. Although, there
remains the need for a significant investment in the facility in order generate the revenue needed
to help offset asset acquisition debt obligation, capital improvements, and on-going maintenance.
Therefore, the replacement of these units which are currently out-of-service and have not been
rented in the past two years is imperative to maximizing the profitability of the facilities.
On March 15, 2011 the Monterey County Board of Supervisors approved the Parks Department's
request for an investment in the capital improvement needs for the Lakes Enterprise Fund 452
formerly Fund 004). Subsequently, the Contracts/Purchasing office legally noticed the Request
for Proposals, Reference #10306, to solicit bids for proposals from qualified organizations to
provide; proper removal and disposal of five modular units, and purchase and installation of five pre-
fabricated new modular rental living units. Four units to be placed at Lake San Antonio's North
Shore, and One unit to be placed at Lake Nacimiento Resort. Responses to the RFP included all
labor, delivery, shipping, taxes, demolition, disposal, installation, design work, and any other
miscellaneous costs necessary to fully complete the scope of work as outlined in RFP #10306.
OTHER AGENCY INVOLVEMENT:
County Counsel has approved the contract as to form and County Purchasing has approved the
annual bid process.
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COMPLETED BOARD ORDER A-11994�y�FINANCING:
As recommended by the Budget Committee on November 29, 2010, January 26, 2011 and again
on February 23, 2011; as well as by the Capital Improvement Committee on February 7, 2011;
and ultimately approved by the Board of Supervisors on March 15, 2011; Capital Improvement
Funds have been allocated for Fiscal Year 2010-11 in the total amount of $660,000 toward the
first phase of funding to be utilized prior to the peak of the 2011 Summer Season. The
replacement of modular units was identified as a priority during the first phase of funding.
The addition of five modular units is estimated to produce approximately $189,000 in the first
year of summer rentals which will serve to offset County lakes operational costs. Approximately
$4.6 million in revenue can potentially be generated over an estimated 20-Year useful life span
of these 5 units. Exhibit A)
nt Finance
Date:
John J. Pini 831-755-4895
Chief Ranger/Parks Director
Date:
Attachments: Exhibit A
Documents on file with the Clerk of the Board:
List of bids as provided by the County Contracts/Purchasing Agent
Contract with Canterbury Manufactured Homes
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SIGNED BOARD REPORT"�|E���MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: May 24, 2011 Consent
AGENDA NO:
SUBJECT: a. Award contract to Canterbury Manufactured Homes in the amount of
$204,220 to provide Five Modular Living Units for Monterey County Parks,
Lake Nacimiento and Lake San Antonio, Bid No. 10306; and
b. Authorize the Chair of the Board to sign the contract; and
c. Authorize the Director of Parks to approve change orders up to 10% of the
bid
DEPARTMENT: Parks
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Award contract to Canterbury Manufactured Homes in the amount of
$204,220 to provide Five Modular Living Units for Monterey County
Parks, Lake Nacimiento and Lake San Antonio, Bid No.10306; and
b. Authorize the Chair of the Board to sign the contract; and
c. Authorize the Director of Parks to approve change orders up to 10% of the bid
SUMMARY/DISCUSSION:
Substandard conditions at the lakes facilities have contributed toward a reduction of patronage
and visitor attendance since the County purchased the Lakes Resort assets, both real and personal
property, from Water World Resorts, Inc./Lake San Antonio Resorts, Inc. on October 1, 2007.
As noted prior to the County's takeover of the resorts operations in 2007, Lee & Pierce
Engineering report recommended an immediate investment in capital outlay for assets with an
estimated remaining useful life of 5 years or less.
The Parks Department has been able to invest $3.5 in capital asset and maintenance expenditures
through a combination of grant funding and resort revenues on numerous critical projects and
imminent health and safety issues that arose after the settlement and purchase. Although, there
remains the need for a significant investment in the facility in order generate the revenue needed
to help offset asset acquisition debt obligation, capital improvements, and on-going maintenance.
Therefore, the replacement of these units which are currently out-of-service and have not been
rented in the past two years is imperative to maximizing the profitability of the facilities.
On March 15, 2011 the Monterey County Board of Supervisors approved the Parks Department's
request for an investment in the capital improvement needs for the Lakes Enterprise Fund 452
formerly Fund 004). Subsequently, the Contracts/Purchasing office legally noticed the Request
for Proposals, Reference #10306, to solicit bids for proposals from qualified organizations to
provide; proper removal and disposal of five modular units, and purchase and installation of five pre-
fabricated new modular rental living units. Four units to be placed at Lake San Antonio's North
Shore, and One unit to be placed at Lake Nacimiento Resort. Responses to the RFP included all
labor, delivery, shipping, taxes, demolition, disposal, installation, design work, and any other
miscellaneous costs necessary to fully complete the scope of work as outlined in RFP #10306.
OTHER AGENCY INVOLVEMENT:
County Counsel has approved the contract as to form and County Purchasing has approved the
annual bid process.
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SIGNED BOARD REPORT"�|E���FINANCING:
As recommended by the Budget Committee on November 29, 2010, January 26, 2011 and again
on February 23, 2011; as well as by the Capital Improvement Committee on February 7, 2011;
and ultimately approved by the Board of Supervisors on March 15, 2011; Capital Improvement
Funds have been allocated for Fiscal Year 2010-11 in the total amount of $660,000 toward the
first phase of funding to be utilized prior to the peak of the 2011 Summer Season. The
replacement of modular units was identified as a priority during the first phase of funding.
The addition of five modular units is estimated to produce approximately $189,000 in the first
year of summer rentals which will serve to offset County lakes operational costs. Approximately
$4.6 million in revenue can potentially be generated over an estimated 20-Year useful life span
of these 5 units. Exhibit A)
Prepared by:
andoval 831-75 4 895 John J.Pim 831-755-4895
Parks D~partm nt Finance anager Chief Ranger/Parks Director
Date:
Date: 5//4,//(
Attachments: Exhibit A
Documents on file with the Clerk of the Board:
List of bids as provided by the County Contracts/Purchasing Agent
Contract with Canterbury Manufactured Homes
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