HomeMy WebLinkAboutRes 06-61 Authorizing an Agreement with Nortex Modular Space, Inc.TOWN OF WESTLAKE
RESOLUTION NO. 06-61
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TERAS, AUTHORIZING A LEASE AGREEMENT WITH NORTEX
MODULAR SPACE, INC., FOR THE NEW MODULAR UNIT TO BE USED AS A
TEMPORARY FIRE STATION AND AUTHORIZING A BUDGET AMENDMENT
FOR THE ASSOCIATED EXPENDITURES.
WHEREAS, the lease agreement with Nortex Modular Space, Inc., provides the
Town of Westlake with a newly constructed and delivered 14' x 60' modular building unit
designed to serve as the Department of Public Safety -Fire and Rescue Operation's
temporary station as described in the attached Exhibit "A"; and
WHEREAS, the current FY 2006107 adopted budget includes the costs associated
with the old lease payments and operating costs for the modular unit but does not contain
enough for the increase in lease payments or all associated expenditures necessary for the
set-up costs and therefore requires a reallocation of expenditures within the associated line
items; and
WHEREAS, the Board of Aldermen of the Town of Westlake does hereby desire
to secure the lease agreement with Nortex Modular Space for the purpose of providing the
Town of Westlake with the facilities necessary to efficiently and effectively serve the
citizens of Westlake.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: All matters stated in the Recitals above are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: The Board of Aldermen of the Town of Westlake, Texas, does
hereby approve a budget amendment within the related DPS line item accounts to
reallocate costs associated with the increase in lease payments and the additional
reconnect/disconnect and minor site work costs for the new modular unit.
SECTION'): The Board of Aldermen of the Town of Westlake, Texas, does
hereby approve the lease agreement with Nortex Modular Space, Inc., attached as Exhibit
"A", to provide the modular unit to be used as a temporary fire station and fizrther
authorizes the Town Manager to execute said agreement on behalf of the Town of
Westlake, Texas.
PASSED AND APPROVED ON THIS 11T' DAY OF DECEMBER, 2006.
ATTEST:
jfeo Gi er Awtry, Acting Town Secretary
APPROVED AS TO FORM:
Scott Bradley, ayor
Trent O. Petty, To Manager
Nortex Modular Space
555 Jubilee Lane
Lewisville, Texas 75056
Phone: 972-492-4040
Fax: 972-492-2704
Town of Westlake
Attn: Troy Meyer
2650 JT Ottinger Road
Westlake, TX 76262
Phonr;: 817490-5713
Fax: 817-43C,-1812
December 26, 2006
Dear Troy Meyer:
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Thank you for your business! Enclosed is a copy of the signed lease agreement, with
original signatures. The initial invoice and January invoice for the lease of your modular
office trailer is also included with this letter.
Also, we require general liability insurance on leased buildings. Please send me a copy
of your self-insured letter for our records. You may fax it to me at 972-492-2704 or email
it to me at nataly.rubio - nortexmodular.com.
Feel free to email me or call me if you have any questions.
We appreciate your business, and have a great New Years!
Nataly Rubio
Nortex Modular Space
nataly.rubio@nortexmodular.com
www.nortexmodular.com
State of Texas Certified BUB Member AGC Member AIA
NORTEX Modular Space
(a State of Texas cenified HUB)
A;�
555 Jubilee Lane Office: 972-492-4040
Lewisville, Texas 75056 Fax: 972492-2704
December 12, 2006
STANDARD TXMAS LEASE QUOTATION (TXMAS Contract TXMAS4-56060)
FOR: Town Of Westlake SITE Same
2650 JT Ottinger Road
Westlake, TX 76262 ADDRESS:
Atm: Don Wilson
Phone 817-490-5713 Fax 817-430-1812
One onlyl4' x 60' Mobile Office Trailer.
BAs6d on a i*&year lease.
in Accordance with TXMAS Lease/Rentat terms and conditions,
and the nttaehed drnwinuc_ cnerifirnfinne :ind conn nf-.vnrtr
&ecial Ternis and Conditions: price is ager TXMAS Discount of 4% is already deducted from pricing shown
above. Delivery, and installation prices are based on the site being accessible by truck, level and compact. All
utility harnessing and utility connections are by the Government or Government Agency, unless otherwise
specified above. Teardown and removal on lease completion will be at rates in effect at time of return based on
the scope of work required. Building to be returned to Nortex storage yard in Lewisville. Texas on lease
completion.
Payment Terms: Net 30 days.
Delivery : 2-3 weeks from date of order, subject to factory backlog at time of order.
Our TXMAS contract allows all Texas Cities, Towns, Counties, Local Governments, and State of Texas
Agencies to acquire or lease our products and services from our Federal Government GSA Supply
Schedule Contract without a bid process. Go to State of Texas website
http://esbd.tbpc.state.tx.us/txmns/index.cfin for more information or email txmas@tbpc.state.tx.us or call
the State of Texas Building and Procurement Commission at 1-512-463-3384.
Sincerely,
Jeff Gilbertson
VP Sales
www.nortexmodular.com Member AIA State of Texas HUB
Base Lease Rate Monthly
Poured -in-place footings
Delivery to jobsite
Setup
2�n` year - 5,111 year monthly rate
S475.00
NIA
$525.00
$950.00
$618.75
Steps, decks, ramps
Skirting
Electrical Connection/Fire Alarm
Plumbing Connection
Customer
CUSTOMER
Customer
Customer
Anchor
included
Teardown/Return on lease completion
$1,650.00
&ecial Ternis and Conditions: price is ager TXMAS Discount of 4% is already deducted from pricing shown
above. Delivery, and installation prices are based on the site being accessible by truck, level and compact. All
utility harnessing and utility connections are by the Government or Government Agency, unless otherwise
specified above. Teardown and removal on lease completion will be at rates in effect at time of return based on
the scope of work required. Building to be returned to Nortex storage yard in Lewisville. Texas on lease
completion.
Payment Terms: Net 30 days.
Delivery : 2-3 weeks from date of order, subject to factory backlog at time of order.
Our TXMAS contract allows all Texas Cities, Towns, Counties, Local Governments, and State of Texas
Agencies to acquire or lease our products and services from our Federal Government GSA Supply
Schedule Contract without a bid process. Go to State of Texas website
http://esbd.tbpc.state.tx.us/txmns/index.cfin for more information or email txmas@tbpc.state.tx.us or call
the State of Texas Building and Procurement Commission at 1-512-463-3384.
Sincerely,
Jeff Gilbertson
VP Sales
www.nortexmodular.com Member AIA State of Texas HUB
Scal2e of Work
Customer Not
Applicable
Nortex
1 _
Building production drawings
1
2
Foundation Pad -minimum 2500 PSF recommended
X
3.
-Third party certification of drawings — State of Texas (building only)
X
F.
Delivery to customers site
X
S.
Site access including all weather road (Vortex does not restore access
wheel ruts and damaged grass, landscaping and trees)
X
b.
Site leveling, compaction and drainage (note positive drainage required
From foundation pad)
X
7.
Stake location (all four corners) and site plan showing building layout
X
S.
Site utilities (electrical, water, sewer including crawls ace harnessing)
X
9.
Provide pier (dry stack 041U) foundation plans (above grade only)
X
10.
Permits and fees (other than delivery)
X
1 I .
Set buildings on foundation pad
X
12.
Provide concrete piers (dry stacked piers using 8 x 8 x 16 CMU blocks)
on foundation Rads 16" x 1 b" x 4"
X
13.
Remove axles, tires and hitches (left in crawl space) as needed
X
14.
Provide temporanf power
X
15.
Provide dum seer service for trash removal at the jobsite
X
16.
Provide bathroom facilities at jobsite for setup crews and subcontractors
X
17.
Anchor buildin
X
18.
Install skirting to match siding
X
19.
Install interior and exterior finishes
X
20.
Weathertite roof
X
21.
Site adjustment of all doors upon completion of setup
X
22
Level floor during setup
X
23.
Supply/install electrical sub -panel boxes
X
2+.
Engineer, supply and install electrical distribution system, including
"Building Main' and sub feed to electrical sub -panel boxes
X
2S.
Supply./install transformer, if needed
X
26.
Supply/install Steps, Ramps and Landings
X
27.
Broom sweep of interior floors upon completion of setup — a]I other
cleaning by customer
X
28.
Supply/install canopies over exterior doors
X
29.
Hookup HVAC - wall mount units
X
30.
Balance HVAC system (adjust supply air registers as needed)
X
31.
Su pply/install miniblinds
X
32.
Supply/install guttarin and downspouts
X
33.
Supply/ install fire alarms stem, if needed
X
34.
Supply/ install firesprinkler system if required
X
35.
Supply/install emergency lighting, if needed
X
36.
Supply/install telephone ]-boxes and computer ]-boxes
X
37.
Supply/install tele hone and communication wiring
X
38.
Connect power during set-up
X
TECHNICAL CLARIFICATIONS
A. Concealed Conditions - If concealed conditions are found below the ground and are at variance with
known conditions, per the approved drawings, there shall be an equitable adjustment made to die
contract sum by way of a written change order.
B. Soil Bearing - The soil bearing capacity shall be at least 2,500 pounds per square foot.
C. Site - To be accessible, reasonably level and clear with positive drainage.
D. Fire Districts - The Buyer, by accepting Sellers bid, agrees to be solely responsible for checking the
property site to assure that the buildings and/or construction will not be in a "Fire District." Buyer
agrees to indemnify and hold Seller harmless for any and all losses, damages, injury, expenses and
costs, including court costs and attorney's fees, which arise out of this issue and/or for the placement of
a building or construction in a "Fire District."
E, Easements - Buyer agrees to be solely responsible for notifying Seller of any and all easements on or
directly surrounding the property site which could impact the location and/or construction of the
building. Buyer agrees to indemnify and hold Seller harmless for any and all losses, damages, injury,
expenses and costs, including court costs and attorney's fees, which arise out of this issue if said
notification is not provided prior to acceptance of Seller's bid.
CONTRACTUAL CLARIFICATIONS
A. Completion Date - Completion date is to be based on Manufacturer's backlog at time of award.
B. Permits, Licenses and Rees - Buyer is responsible for obtaining all permits, licenses, fees and any and
all other assessments not specifically waived herein.
C. Warranty - One year, however, all major maintenance of mechanical systems and roofing is included
during the term of any lease. Minor maintenance such as door adjustments, interior touch up painting
and HVAC filter changes is by customer.
D. Payment Terms - Payment terms are as per the signed contract.
B. Contract Start Date Start date will be upon contract execution and drawings approval.
F. Wage Rates - Price is based on non -prevailing wage rates and use of non-union labor.
Approved
Approved
Nortex Contract TXMAS-4-56060 Lease/Rental Terms and Conditions -
The Customer will not acquire title to any leased or rented structures during the lease or rental term. The
structures will be Ieased or rented for the life of the leasing arrangement as specified in the purchase order or
lease agreement. During the lease term, the structure shall remain the property of Nortex Modular Space. The
Customer shall have no right or interest in the structure, except as provided in the leasing agreement, and shall
hold the leased structure subject and subordinate to the rights of Nortex Modular Space.
All structures offered for lease or rental shall be new or used unless specified in the purchase order or lease
agreement.
Maintenance is not included in the charge for leasing although the Customer may obtain maintenance services
from Nortex Modular Space or other sources. Door adjustments, HVAC filter changes, cleaning and other
maintenance is the responsibility of the customer.
Unless otherwise stated in a the lease or rental order, the Customer is responsible for site access, leveling,
compaction (to 2,500 psf), site utilities, footings (if required), staking of the location, temporary power during
setup, trash dumpster, bathroom facilities for setup crew, utility connections during the setup including utility
harnessing in the crawl space, decks, ramps and landings, skirting, fire alarm system (if required), fire sprinkler
system (if required), telephone wiring, and site restoration if damage such as ruts in grass surfaces etc caused
during the delivery process. These items may be added to the purchase order upon joint agreement.
Nortex Modular Space shall provide an invoice for the monthly lease payment, in advance of the
month that the billing applies to, and the Customer shall pay that invoice within 10 days, One-time
charges shall be paid within 30 days of invoice.
Payment for less than one month shall be prorated at 1/30 ' of the monthly rate for each calendar day.
Upon written notice, at least thirty (30) days prior to expiration of the lease term, and provided the Customer is
not in default, the Customer may:
a. Exercise the option to extend the lease term
b. Allow Nortex Modular Space to resume possession of the structure after expiration of the
lease term.
The Customer may affix or install any accessory, addition, upgrade, structure or device on the structures
provided that such items:
(1) can be removed without causing material damage to the structures;
(2) do not reduce the value of the structures; and
(3) are obtained from or approved by Nortex Modular Space, and are not subject to the
interest of any third party other than Nortex Modular Space.
At the end of the lease term, the Customer shall remove any additions which;
(1) were not leased from Nortex Modular Space, and
(2) are readily removable without causing material damage or impairment of the
intended function, use, or value of the structures, and restore the structures to its
original configuration.
Any Additions, which are not so removable, will become the property (lien free) of Nortex Modular Space.
The Customer is relieved from all risk of loss or damage to the structures during periods of transportation,
installation, and during the entire time the structures are in possession of Nortex Modular Space, except when
loss or damage is due to the fault or negligence of the Customer. The Customer shall assume risk of loss or
damage to the structures during relocation unless Nortex Modular Space shall undertake such relocation.
The customer shall be responsible for loss of or damage to leased or rented structures except for:
a. Normal wear and tear and
b. Loss or damage caused by the negligence of Nortex Modular Space, its agents or
employees.
Nortex Modular Space is required to provide all insurance during the delivery, installation, teardown and
removal process. The Customer shall provide evidence of suitable insurance coverage for both property damage
and liability insurance.
Assignment of title by Nortex Modular Space for any leased structures will not relieve Nortex Modular Space of
any responsibility of the contract
The customer is responsible for all state, local and other applicable taxes.
Notwithstanding the provisions of the agreed upon contract document, this agreement may be
terminated at any time for the Customer's convenience. However, the Customer shall provide a six (6)
month notice of such termination and no payments would be required after the expiration of six (6)
months. The customer shall be responsible for the cost of teardown and return delivery charges due to
the termination of the lease agreement prior to the end of the minimum terms.
At the expiration of the lease term, the structure shall remain the property of Nortex Modular Space and Nortex
Modular Space shall resume possession of the structure. Nortex Modular Space is required to remove the
structure within 60 days of completion of the lease term unless otherwise agreed upon by the customer. The
customer shall make arrangements and pay the costs associated with removal of furniture and any other
Customer property, the disconnection of all utilities, and any other work provided by the Customer or paid for
by the customer in one time charges during the initial setup including site restoration, removal of poured -in-
place footings, decks and ramps etc.
The return delivery price may be renegotiated by Nortex Modular Space and increased to the extent that the CPT
has increased during the term of the lease or rental order.
Approved
Approved