HomeMy WebLinkAboutRes 13-18 Awarding the Bid to Mobile Modular for Temporary Classroom Buildings TOWN OF WESTLAKE
RESOLUTION NO. 13-18
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
AWARDING THE BID TO MOBILE MODULAR FOR THE PURCHASE ANIS
DELIVERY OF THREE (3) TEMPORARY CLASSROOM BUILDINGS FOR THE
WESTLAKE ACADEMYCAMPUS.
WHEREAS, the implementation of these new portables will allow for a number of
options to be executed based upon enrollment growth over the next several months; and
WHEREAS, the temporary building would allow for flexible space with the option to
move into three sections in the PYP Program if necessary; and
WHEREAS, the 24' X 64' temporary classroom buildings are schedule for delivery in the
summer of 2013 which will be located on the northwest side of the Arts and Sciences Center; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, DE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
F WESTLAKE, TEXAS:
SECTION l: That, all matters stated in the Recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town of Westlake Town Council does hereby authorizing the
Town Manager to award the bid proposal to Mobile Modular for the purchase, delivery and set up
of three (3)temporary classroom buildings at the Westlake Academy Campus.
SECTION 3: if any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 13-18
Pagel of 2
SECTION 4e That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 6Tx AY OF MAY 20130
ATTEST:
YgUAAZZ kkXtZ-
Laura L. Wheat, Mayor
KeN Edward. , Town Secret Manager Thomas E. Erymer, Town
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APPROVED ,TQ FO ,
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L. Stanton Lowry, o ttorney M
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Resolution 13-18
Page 2 of 2
2814871289 MOBILE MODULAR 10:41:47 p.m. 07-02-2013 1 /5
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Mobile Modular Management Corporation $a)f?Agreement
4445 E Sam Houston Parkway South Contract:230008737.1
mobile Pasadena,TX 77505-3812 Date Printed:06114/2013
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modular P Phone:(281)487-9222 Fax:(281)487-1289
# tlrlsdlr•nwram,,x,n�m www.MobiteModularRents,com
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ustomer arrrlat on: Will Information:
The Town of Westlake Westlake Academy Questions?
3 Village Circle Ste 202 2600 J T Qttinger Road Please Contact Stewart Cedar
Westlake,TX 76282 Westlake,TX 78262 Pease Contact
€, Troy Meyer Troy Meyer @mobflemodularrents.com
tmayer@wesgake-tx.org tmeyer@W0st1ake-txorg Direct Phone:281487-0222
(817)490-5735 817 490-5735 All other Inquiries:(281)487-9222
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817-430-1812 Customer POIReference:
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Classroom,2464 TX(Item1072) 1 564,293.00 561,293.00 Y
Double Classroom. Two restmoms.Size excludes 4'towbar.
7h)s Is a New Classroom Building(Mop Sink and Data Cioset)per customer authorized specifications and approved
drawingsf/foor plans.
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E Classroom,24x64 TX(ltem1072) 1 $62,953.00 $62,853.00 Y
g Duuble Classroom. Two restrooms.Size excludes 4'towbar.
Thfs is a New Classroom Building(Nallway Added)per customer authorized specifications and approved drawings/lloor
plans.
Classroom,2064 TX(Ilem1073) 1 $55,650.00 $55,650.00 Y
I Double Classroom.Size excludes 4`towbar,
This Is a Now Classroom Build/ng(No Restrooms)per customer authorized specifications and approved drawingsf/toorplans.
arQB9 port Delivery.
Classroom,24x64 TX(ltem11072)
Block and Level Building(A5)CS 1 62,800.00 $2,800.00 Y
Delivery Haulage 12 wide 2 $900.00 61,000.00 Y
Installation,Skirling,Metal 175 $12.00 $2,112.00 Y
Install Foundation,Tledown(Bivi) 14 $50.00 $700.00 Y
Classroom,24x64 TX(Item1072)
Black and Level Building(A5)CS 1 $2,800.00 $2,800.00 Y
Cost Based on a Level Site.lrnot,additional cost for materials and tabor could occur.
! Delivery Haulage 12 wide 2 $900.00 $1,600.00 Y
i Installation,Skirting,Metal 176 $12.00 $2,112.00 Y
i Install Foundation,Tledown(Blvl) 14 $50.00 $700.00 Y
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Classroom,24x84 TX(Item1073)
Block and Level Building(A5)CS 1 $2,800.00 $2,800.00 Y
Delivery Haulage 12 wide 2 e 00.00 Y
Installation $
Skirting,Metal 176 $102.00 $2,0.00 112 40 Y
Install Foundation,Tiedown(Biot) 14 $50.00 $700.00 Y
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R 'tax: $16,675.89
We recogniselacknowledge The Town of Westlake/Westlake Academy is a Tax Exempt Organization and our final billing will
2300045737,P,fnied!06.14.201310AaAM Thank you for coniacling Mobile Modular. Pape t of 5
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2814871289 MOBILE MODULAR 10:42:31 p.m. 07-02-2013 2/5
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Mobile Modular Management Corporation --
Sale Agreeme=nt
mobil•{ 4445 E Sam Houston Parkway South Contract 2312008737.1
Pasadena,TX 77505-3912
modult Phone:{281)487-9222 Pax:{281)487-1289 Cate Printed*0611412013
ar ` wwtv.MobiioMod iRants.com
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3�'•Prices will be adjusted for circ m®01ces,e.g.driver waiting time,pilot car requirements,special transport permits,
difficult site,increase in fuel price,etc.Customers site must be dry,compacted,level and accessible by normal truck delivery.
Unless noted,prices do not include permits,ramps,stairs,seismic foundation systems,temporary power,skirting,engineering,
taxes or utilities or related installation of same,
•This transaction is subject to credit approval.Security deposit or payment in advance may be required.Security deposit will be
applied against account balance at the end of Ilia contract.
f Contract subject to terms&conditions attached and made a part of this agreement by reference herein.Customer
acknowledges that he/she has received and read and affirms that he/she is duly authorized to execute and commit to this
agreement for the above named customer.
•Unless otherwise noted,prices do not include prevailing wages,Davis-Bacon wages,or other special or certified
wages.
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Note:Mobile Modular has conducted site vislts and has made every effort to include all applicable charges
in the prklrlg shown on page t of this tease. in the event that unforeseen circumstances at the customer's
site require additional labor or wait time,Mobile Modular wilt provide Buyer with a quote for such
additional services and will receive Buyer's approval to proceed prior to the performance of such work.
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1 23i 8731.Nnied:05.14-20131010Ahi Thank you for contacting Mom maduur. Pegs 2 or 5
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2814871289 MOBILE MODULAR 10:42:59 p.m. 07-02-2013 315
Mobile Modular Management Corporation 588 Agreement! Contract:230008737.1
y4445 E Sam Houston Parkway South
1 $ Date Printed:06110/2013
>�dular � Pasadena,TX 77505-3912
Phone:(281)487-9222 Fax:(281)487-1289
%wA*d-DwCAmmhwV www.MobileModularRents,com
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The,Supplemental Sale Terns and Conditions and Additional Advisory Information provisions aro hereby Incorporated by reference in their
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entirely,as updated from time to time by Salter,in its sole discretion,and can be reviewed In the e-Customer Services section of the Setter's
web site at(hltp:/lwwsv.MoblteModularRents comlContractTerms). The Buyer hereby confirms that hafsho has read In its entirety and
R understands the Supplemental Sale Terms and Conditions and Additional Advisory Information.
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Please sign below and fax or email this document to the fax number shown above or the email address you received the document from.
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• The patties hereto,MOBILE MODULAR MANAGEMENT CORPORATION,a California corporation,as seller(the"Setter`)and buyer('Buyer',as
t' described above In the section(filed"Customer Informailonj hereby agree to this Sale Agreement and the tarts and conditions set forth In the
1 Sale Terms and Conditions,attached hereto as Attachment A.which aro hereby incorporated by reference. The individual signing this Sale
Agreement affirms that hetshe is duly authorized to execute and commit to this Sale Agreement for the above named Buyer.
SELLER: BUYER:
Mobile Modular Management Corporation The Town of V,iastlake
y:.,-�--AName:
B —
B r d E^t y Name: 12 $!�
Title: s _ G1 �,b^' Tilts: tat _
_ Date �t3 Date-, 1
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ATTACHMENT A
SALE AGREEMENT TERMS AND CONDITIONS
1,SALT-Setter sags to Buyer,and Buyer purchases from Setter,the equipment fisted on each Sate Agreement hereto("Equipment")on the terns
and conditions set forth herein. Each such Sale Agreement,and the sate provisions on the Sager's website at(www.MobVemodularRents.com)(the
l "incorporated Provisional,to the extant incorporated by reference Into such Safe Agreement,together with those Sale Agreement Terrors and
Conditions,to the extent Incorporated by reference Into such Sale Agreement,shalt constitute a separate and independent sate agreement(a'Sale
1 Agreement")of the Equipment listed In such Agreement under"Product Information".
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2,TIME PAYMENT;TITLE RETENTION.
(a)PURCHASE PRICE. The aggregate amount of the purchase price(the'Purchase Price")is set forth on the Sale Agreement. Buyer agrees to
pay Seller twenty rive percent(25%)of the Purchase Price on the date hereof;sixty five percent(6556)two days before the Equipment is scheduled to
be delivered to the Site;and the remaining tan percent(IV.)within thirty(30)days of substantial completion(substantial completion does not include
punch list items).In addition to the Purchase Price,buyer shall pay such charges as are attributable to circumstances related to the delivery,drop-off
and relocation of EquipmonL If any payment under the Sale Agreement is not made on the date when due and payable(including without limitation
j pursuant to this Section or as Indicated on the Sale Agreement),Buyer shelf pay Seller interest,at the rale of eighteen percent(187.)per annum(or at
the maximum rate permitted by applicable law),on the amount of such overdue payment,until received.
(b)TITLEIRETENTION.Title to the Equipment shalt not pass to Buyer before the entire Purchase Price has been paid to Sailer.Upon Setter's receipt
t of payment In full of the Purchase Price,title to the Equipment shall transfer to Buyer,free and clear of all encumbrances arising by or through Seller.
All payments due from Buyer pursuant to the terms of the Sala Agreement shalt be made without any abatement or set all of any kind,arising from
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any cause.
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3.TiME AND PLACE OF DELIVERY.Seller agrees to deliver the Equipment to the site location listed on the Safe Agreement(the'Site"). Tires used
to deliver the Equipment will be removed and returned to Setter. Buyer warrants that the Site will have:sate access free from encumbrances,a level
pad with no more than 3 Inches of variance In 30 feel,and adequate soil beating pressure of not less it=1500 psi. Following delivery,Seiler will
remove all Setter-owned equipment such as plywood,tools,etc.prior to or at the time of building acceptance. Buyer Is responsible for sit necessary
permits,utility hookups,pilot cars,and Site preparation.
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I 4.INSPECTION AND ACCEPTANCE.Following delivery and satup of the Equipment,Buyer shall inspect the Equipment within saventy-two(72)
hours of substantial completion and provide immediate writtan notice to Setter specifying defects,if any,which Buyer observes. if Buyer falls to
provide such notice within four(4)days following substantial completion of the project,it shall be conclusively presumed between Buyer and Sailer
{ that Buyer has Inspected the Equipment and that all Equipment is In conformance with the Sale Agreement and has been accepted by Buyer.
{ 5. BUYER AGREEMENTS. Buyer agrees that Seller may insert in the Safe Agreement the serial number and other identification data relating to the
Equipment when ascertained by Seller.
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Safe Agreement Tarts anal Conditions Modifded for The Town of 6Vesllake 1f61i TJf 3 ) xcrtz• .i
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2814871289 MOBILE MODULAR 10:52:23 p,m. 07-02-2013 4/5
Mobile Modular Management Corporation Sale Agreement
mobile 4445 E Sam Houston Parkway South
Contract:230008737.1 Date Printed:06110/2013
Pasadena,TX 77505-3912
modularlp Phone:(281)487-9222 Fax:(281)467-1289
Rohn)aa-W reftaftwW www.MobileModularRents.corn
6,INSURANCE.Buyer shag provide,maintain,and pay all premiums for Insurance covering the toss,theft,dasiruction,or damage to the Equipment
In an amount not less than the full replacement value. This coverage will extend to all property of Seller located at the delivery site during the
Installation. Further,until title to fine Equipment has transferred in Buyer pursuant to Section 2M Buyer will name Seller as less payee of the
proceeds. Upon receipt of the proceeds of any Insurance,Seller will refund to Buyer any amounts In excess of the balance due Sager by the Buyer in
fulfilling the obligations specified herein.Notwithstanding the above,Buyer shag also provide,maintain,and pay all premiums for public liability
Insurance In the amount of$1,000,000.00(one million dollars)and name Seller as an additional Insured.AJI Insurance shag be In a form and with a
company satisfactory to Seller and insurance carrier is licensed to do business In the state where the Equipment Is being sold,and shall not be
StMact to cancellation without thirty(30)days prior written notice to Seger. Buyer shall deliver to Seller insurance poficia%or evidence of Insurance
proving the existence of policies meeting the above requirements,upon execution of the Sale Agreement Buyer's obligation to provide said
insurance will cease once title to the Equipment has transferred to Buyer pursuant to Section 4
7.ALTERNATE WAIVER AND INDEMNIFICATION.
(a) Buyer hereby waives and releases all claims against Seger for(Q loss of at damage to all property,goods,wares and merchandise In,
upon or about the Equipment,(0)injuries to Buyer,Buyer's agents and third parsons. Under no circumstances shall either party be liable to the other
party for any special,Incidental or consequential damages of any Wind(Including,but not Unified to damages for less of use,or profit,by either party or
for any collateral damages),whether or not caused by either party's negligence or delay,resulting from the Sale or the manufacture,delivery,
Installation,checkout or use of the Equipment,or In connection with the services rendered by either party hereunder.
(b) In no event shall either party be gable for any and all losses,liabilities,costs,expenses(Including attorney fees),claims,actions,
demands,fines,forfeitures,seizures or penalties(collectively,"Claims)arising out of or resulting from the negligence or Willd misconduct of the
other patty.
S.TERMINATION FOLLOWING BREACH. In the event(a)of bankruptcy or insolvency of Buyer,or In the event any proceeding is brought by or
against Buyer voluntarily or Involuntarily,under the provisions of the Bankruptcy Code of the United States,for the appointment of a receiver or
trustee or any assignment for the benall I of creditors of Buyer,at(b)that Buyer falls to make gin ely payments,or perform any of Its other obligations,
under the Sale Agreement,and such failure or default is not cured within ten(10)days after wit Ran notice of such failure or data Lit Is provided by
Seller,the Sale Agreement automatically shall be terminated In the case of any event described In clause(a)above and may be terminated by Seller
In the case of any event described In clause(b)above and,upon such termination,full payment pursuant to the terms of the Sale Agreement shall
become Immediately due and payable from Buyer. In the event of any such breach or termination,Sager shall have all rights provided by law and
under the leans and conditions of the Sala AgrearneriL Including but not girdled to:repossession and disposal of the Equipment(arid,It any personal
property shall remain located In the Equipment at such time,Buyer consents to Setter's pos;esslon and disposal or destruction of such personal
property without notice or accounting to Buyer)and recovery of aflomay's fees and other sonable costs and expenses associated with any breach
or termination(IncWing any such disposal or destruction),shall be reimbursed by Buye on demand of Seller.
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bursed by 8
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9.GOVERNING LAW. Buyer and Seller agree that the S Is Agreement
ent 'all be red in all respects*by;Interpreted In accordance with the
I fol its can
laws of,the State of Texas,without regard Pic of Amid
10.JURISDICTION. fr4 A
11 the law of the State of Maryland orVirgirg shall apply to the Sale ement,It Is agreed that the venue for a legal action relating to the
Subject
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(a) ti
Agreement shag be proper It brought In County,State of Su 4ect to Section 7 the prevailing party shall be entitled to
recover reasonable attorneys'fees and court costs,whether or not the action proceeds to judgment.
(b) If the law of any State other than Maryland shall apply to the Sale Agreement.the Federal District Courts looted within the State of
aGaillemis shall have non-exclusive jurisdiction over any lawsuit brow by Buyer or Seller as a result of any dispute regarding matters arising In
connection with the Sale Agreement, Further,H Is agreed that the v a for a legal action relating to the Sale Agreement shall be proper It brought In
County,State of QeWw?V. Subject to Section the pr Iffing shall be entitled to recover reasonable attorneys'teas and court costs,
connection
rinecil
trie"
whether or riot the action proceeds o judgment, he pWrigfl,
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11.SELLER'S EXPENSES.Buyer shall pay Seller a�c�osLq and expenses,Including attorney fees.Incurred by Seller In exercising any of the terms,
conditions or provisions of the Sale Agreement.
12.LICE
I rNSE AND TRANSFER FEE(S).If so listed an the Sale Agreement,the Purchase Price indudes license and/or transfer teas. Buyer will be
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billed directly by the State for future annual license fees.
13,MISCELLANEOUS,
(a) BUYER SOLVENCY.Buyer hereby represents and warrants that the fair value of the assets of Buyer exceed Its liabilities;Buyer Is
pay Its debts and liabilities as they become due;and Buyer does not have an unreasonably small amount of capital with which to conduct the Page 4 ol 5
business In which It Is engaged,as such business is now conducted and Is proposed to be conducted.
(b) MODIFICATIONS AND AMENDMENTS.Representations and warranties made by any person,Including agents and representatives of
Seller,which are Inconsistent or conflict with the terms of the warranty contained In Section I of the Incorporated Provisions on the website(including
but not limited to the liability of Seller as set forth above)shag not be binding upon Seller unless reduced to writing and approved by an officer of
Seller. No amendment,supplement or modification to the leans of the Sale Agreement shah be valid unless made In a writing signed by both parties
hereto,and no waiver of any provision of the Sale Agreement shall be valid unless made In a writing signed by the waiving patty, Notwithstanding the
Sale Agreemen(Terms and Corld4lons Madified for The Town of Westlake W1 7113
14rAc.Lttai
2814871289 MOBILE MODULAR 10:57:21 p.m, 07-02-2013 5/5
Mobile Modular Management Corporation Sale Agreement
Contract 230008737.1
m ob i I e 4445 E Sam Houston Parkway South Date Printed:0611012013
Pasadena,TX 77505-3912
Lear Phone:(281)487-9222 Fax:(281)487-1289
wwiv,MobfleModulaiRenIs corn
foregoing,from time to time,Buyer orSeller may request modifications to the scope of work hereunder,which at the sole option of the Sellar may be
accepted and thus allot the final price stipulated herein.These changes In scope will be deemed approved by Buyer when evidence of work
per lannance Is presented by Seiler.
(c) NO WAIVER.Failure of Seller to enforce any term or condition of the Sale Agreement shall not constitute waiver of any rights stipulated
herein,nor shall It in any manner affect the rights of Seller to enforce any of the provisions stated herein. Waiver by Seller of any provision of the Sale
Agreement shall be valid only as provided in subsection to)above and only with respect to the specific matter to which such waiver relates.
(d) It the law of the State of North Carolina shall apply to the Sale Agreement,the Sale Agreement does not constitute a'construction contract"
or otherwise relato to the improvement of real estate or the design,planning,construction,alteration,repair at maintenance of a building,structure or
appurtenance.
14.ENTIRE AGREEMENT.The Sale Agreement constitutes the entire agreement between Seller and Buyer regarding the subject matter hereof. If
any part of the Sale Agreement Is found to be Invalid or illegal,Buyer and Sager agree that only the Invalid or illegal portion of the Sale Agreement will
be eliminated.
Page 5 of 5
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Sato Agreement Terms and Conditions Modfied for The Town of Westlake M7113 AGRC-L"M
APPROVED