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R-95-10-12-13F - 10/12/1995WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of modular office space for the East Wastewater Treatment Plant, and WHEREAS, Space Master, Inc., has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Space Master, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Space Master, Inc., is hereby accepted as the lowest and best bid and the City Manager is hereby authorized and directed to issue a purchase order to Space Master, Inc., for the purchase of modular office space for the East Wastewater Treatment Plant. RESOLVED this 12th day of October, 1995. ATTEST: :I /MAO E LAND, City Secretary K: \RESOLUTI \RS51012F.WPD /kg RESOLUTION NO. R- 95- 10- 12 -13F CHARLES CU P PER, Mayor City of Round Rock, Texas DATE: October 10, 1995 SUBJECT: City Council Meeting, October 12, 1995 ITEM: 13F. Consider a resolution authorizing the purchase of modular office space for the East Wastewater Treatment Plant. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Date: To: From: Subj: October 9, 1995 Jim Nuse, P.E. Director of Public Works Steven Miller, P.E. Facilities Engineer MEMORANDUM Modular Building /Trailer - East WWTP As you are aware we recently compiled a specifications package for the purchase of a modular building. On September 26, bids were received and opened for this project. Two bids were submitted by manufacturers and the following tabulation details the outcome of the bids: Manufacturer Bid Space Master $87,985.00 Fort Worth, Tx M.P. Buildings $96,716.00 Houston, Tx The low bidder, Space Master, was found to have a "satisfied customer list" and I recommend the City Council consider awarding this project to them. �7 .. IV Ml NOW prt r�� o PUBLIC WORKS DM. a r s 4 Irk baa p F V,� Tr- r„r an l 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT THIS AGREEMENT, made and entered into this 12th day of October A.D. 1995, by and between the CITY OF ROUND ROCK, TEXAS acting through its Mayor, Party of the First Part, hereinafter termed the OWNER, and Space Master of the City of Fort Worth , County of Tarrent, State of Texas, Party of the Second Part, hereinafter termed Contractor. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by said First Party (Owner), the said Second Party (Contractor), hereby agrees with the first Party to commence and complete the construction of certain improvements at the prices set forth in the Contractor's bid dated September 25, 1995 for certain improvements described as follows: The Contractor shall perform all work shown on the Plans and described in the Contract and shall meet all requirements of this Agreement, the General Clause, Technical Specification of the Contract; and such Orders and Agreements for Extra Work as may subsequently be entered by the above named parties to this Agreement. The Contractor hereby agrees to commence work under this contract within 10 consecutive calendar days after that date of the Notice -to- Proceed and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed in full within sixty (60) calendar days after the date of the written Notice -to- Proceed. Time is of the essence to this contract. The Owner agrees to pay the Contractor in current funds, and to make payments on account, for the performance of the work in accordance with the Contract, at the prices set forth in the Contractor's Bid, subject to additions and deductions, all as provided in the General Conditions of the Agreement. poslbid,mnVspec MODULAR TRAILER BUILDING FOR EAST WASTEWATER PLANT PBD -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 AGREEMENT - continued The following documents together with this Agreement, comprise the Contract, and they are fully a part thereof as if herein repeated in full: The Notice to Bidders The Invitation for Bid (IFB) The Technical Specifications Addenda The Plans IN WITNESS WHEREOF the Parties to these presents have executed this Agreement in multiple originals in the year and day first above written. ATT T: B if Contractor or tered with e Secretary of the State poslbidmsVspec The Space Master Buildings Proposal Dated 9/25/95 Spacc Master Intcrnatianal (`P1I) /kgr s nt of Sale #232 t trwct predicotcd upon .igned III Agrccmcnt of Sale //23205 it • FOR SALE. PBD -2 By: Party of the Fi st ' art (Owner Mayor - City of Round Rock By: Party 1J+ e Secon Part (Contractor) CIITY of v µ 0 rJ ROUND ROCK 3rd ��a PUBLIC WORKS DEPT. MODULAR TRAILER BUILDING FOR EAST WASTEWATER PLA\ T SEPTEMBER 1995 PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS THE STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT THIS AGREEMENT, made and entered into this 12th day of October A.D. 1995 by and between the CITY OF ROUND ROCK, TEXAS acting through its Mayor, Party of the First Part, hereinafter termed the OWNER, and Space Master of the City of Fort Worth , County of Tarrent, State of Texas. Party of the Second Part, hereinafter termed Contractor. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by said First Party (Owner), the said Second Party (Contractor), hereby agrees with the first Party to commence and complete the construction of certain improvements at the prices set forth in the Contractor's bid dated September 25 1995 for certain improvements described as follows: MODULAR TRAILER BUILDING FOR EAST WASTEWATER PLANT The Contractor shall perform all work shown on the Plans and described in the Contract and shall meet all requirements of this Agreement, the General Clause, Technical Specification of the Contract; and such Orders and Agreements for Extra Work as may subsequently be entered by the above named parties to this Agreement. The Contractor hereby agrees to commence work under this contract within 10 consecutive calendar days after that date of the Notice -to- Proceed and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed in full within sixty (60) calendar days after the date of the written Notice -to- Proceed. Time is of the essence to this contract. The Owner agrees to pay the Contractor in current funds, and to make payments on account, for the performance of the work in accordance with the Contract, at the prices set forth in the Contractor's Bid, subject to additions and deductions, all as provided in the General Conditions of the Agreement. pos bid..Wapec PBD -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 AGREEMENT - continued The following documents together with this Agreement, comprise the Contract, and they are fully a part thereof as if herein repeated in full: The Notice to Bidders lhe Space Master Buildings Proposal Dated 9/25/95 The Invitation for Bid (IFB) The Technical Specifications Addenda The Plans A _T: B , if Contractor rporation or ered with e Secretary of the State postbid.mst/ pec SALE. IN WITNESS WHEREOF the Parties to these presents have executed this Agreement in multiple originals in the year and day first above written. PBD -2 By Party of the Fi st ' art (Owner) Mayor - City of Round Rock By: Party e Secon. Part (Contractor) Sealed bids addressed to the City Secretary, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing all work required for the project titled Modular/Trailer Building for East Wastewater Plant (project includes lease /purchase of a modular /trailer building for a period of 3 years) will be received until 2:00 p.m. September 19, 1995, then publicly opened and read aloud at the City Hall Council Chambers Conference Room at the same address. Bid envelopes should state date and time of bid and Modular/Trailer Building for East Wastewater Plant. No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained from the Department of Public Works, 2008 Enterprise Drive, in Round Rock, Texas beginning 9/1/95 for a non- refundable charge of $5.00 per set. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock. Contractors and subcontractors shall pay to laborers, workmen, and mechanics the prevailing wage rates as determined by the City of Round Rock. Publish Dates: Austin American Statesman: 9/11/95 noticebd/smspec NOTICE TO BIDDERS NB -1 Round Rock Leader. 9/4/95 9/7/95 1 RIDS SHAILARRIVE IN THE OFFICE OF THE uTy sECRETAA3r:AT THE ADDRESS SHOWN HEREJN 8Y 2 :00 P.N. ON INVOICE TO: City of Round Rodc - Finance Dvan:nem 221 East Main Street Rand Rode, Texas 78664-5299 BID F.O.B. DESTINATION UNIFSS OTHERWISE SPECIFIED BELOW DESTINATION. 3939 Palm Valley Blvd. Round Rode, TX 78664 Bidder agrees to comply with all condition* below and on reverse side of this IEB ITEM # 1 CLASS & ITEM DESCRIPTION INVITATION FOR BID OFB) CITY OF ROUND ROCK 221 E. Main Street Round Rock, Texas 78664 -5299 Now modular/trailer building as described in specifications and shown on attached drawing, for total purchase price of: Or 2 Lease /purchase cost of same as described above for period of 3 years (36 months) terms os set by manufacturer and agreed to by the City of Round Rock: Alternate 48 month term Addendum 1 Acknowledged 9/12/95 Addendum 2 Acknowledged 9/22/95 tint ler05.xlstsn,spccllk a A21 FACSIMILE RESPONSES SHALL NOT BE ACCEPTED DATE: q/2s/ SHOW WO CPBaHN 00000 em FARMER w (0000! LEFT KUIO coM(e! Of s5AL0 0 0 BOVBOfE *HOW RETURN MOREL% OF WDOING HRH. SEE 1.6 ON BACK FOR INSTRUCTIONS: TAX ID NO.: 94 LEGAL BUSINESS NAME: SPACE MASTER BUILDINGS ADDRESS: 7700 S. Freewa ADDRESS: Ft. Worth, Tx 76134 CONTACT: Wayne T T.AwrPTlt•p TELEPHONE NO.: 817 BUSINESS ENTITY TYPE: Modular Buildings OUANITTY Condttlons: This proposal Is subject to credit approval and to execution of documentation requited to qualify the interest portion of the monthly payments as exempt from federal income taxes. Customer/lessee shall certify that it has not designated, and does not reasonably anticipate designating more than $10,000,000 of obligations as qualified tax exempt obligations during the calendar year of execution of the lease hereby proposed. 36 48 PAGE 1 00 1 PAGES Return Original and One Copy of Bid BIDDER SHALL SIGN BELOW 8(0 OPENING DATE 2:00 P.M.: BID NUMBER: ed Signature Dete tvA Yti H r `/1 r r IC Etic t Printed Name - LS UNIT Month m o MAKE/MODEL SM2874 SM2874 2 SM2874 2 87,985 1 e 9y ■ce „a nu r e t , oi en: ay IN _ 0 signetu.e hereon °nixed. the bidder hereby a tines that neither the b•dder r the e qty Fete, e led b y the 1,00 - n San v Led the o :rust laws of This State. coddled Le Secuon 15 01 e se, . Texas pus ne_<_ < nn C<r i laws. not cummuntceted dnectly or ■ndirectly the bid made to any competitor or an, ,t:1 ne , _ 2,, ,_ _ • UNIT PRICE EXTENSION 87,985.0 ,721.73 97,983. ,112.02 101,376 C ATS 0 9E Invitation for Bid DATED: Sept. 1995 Modular/Trailer Building 1.0 The City of Round Rock will accept bids in response to this Invitation For Bids (IFB) from Financial Institutions, including leasing entities, investment banks, commercial contractors, and any other interested parties qualified and experienced in arranging direct purchase and/or rental for a Modular/Trailer Building for City purposes. 2.0 It is the intent of the City to enter into a contract with the successful bidder using terms and conditions acceptable to both the City and the successful Bidder and which are the accepted standard in the industry. The contract and any resulting purchase order and related documents shall be constructed in accordance with and govemed by the laws of the State of Texas. 3.0 All cost(s) incurred directly or indirectly relating to preparation of a response to the IFB or any oral or written clarification, which the City may require, shall be the sole responsibility of the Bidder. 4.0 All bids shall state that the bid is valid for a period of not less than forty -five (45) days from the date of the bid opening. 5.0 Bidders shall state in their bid response that the bidder is, at the time of the response and intends to remain, in compliance with all applicable laws, rules and regulations of Federal, State, and Local Governing entities. 6.0 The successful bidder shall, in a timely manner, execute any and all proceedings, forms, disclosures, citations, or any other documents necessary and required to complete the financing described in connection with this IFB. 7.0 It is understood and agreed that the City shall have the right to terminate the contract at the end of any fiscal year if the goveming body of the City does not appropriate moneys sufficient to pay the rental payments coming due in the City's next fiscal year, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving supplier /manufacturer a written notice of termination and by paying supplier /manufacturer any lease payments which are due and payable and have not been paid at or before the end of its then current fiscal year The City shall give notice of termination within a reasonable length of time after the final budget is approved. trailer2.doc /smspec /lk CITY OF ROUND ROCK PART I GENERAL CLAUSES AND CONDITIONS PART II SPECIFICATIONS 1.0 GENERAL: This specification describes essential elements to enable the bidder to respond to the IFB to which this specification is attached. 2.0 TERM OF CONTRACT: The term of the lease /purchase contract shall be thirty -six (36) months. 3.0 MONTH: Month shall be one (1) calendar month. 4.0 RENTAL SCHEDULE: The City agrees to pay monthly rental in the amounts specified in the Agreement. The City will not unreasonably withhold payment when it becomes due. 5.0 EQUIPMENT TO BE RENTED: Modular/Trailer Building as described in the attached specifications. 6.0 RENEWAL OF CONTRACT: The rental agreement may be renewed for additional periods of time not to exceed 12 calendar months, (1) renewal period, provided both parties agree. 7.0 OWNERSHIP: The modular/trailer building, if lease /purchase, is and shall, for the term of the rental agreement, at all times be and remain the property of the successful bidder. 8.0 USE AND RISK OF LOSS: The City shall exercise due care in the use, operation, and maintenance of the modular /trailer building, and shall not use. operate, or maintain the modular/trailer building improperly, carelessly, or in the manner contrary to that contemplated by the resulting purchase order or any agreement resulting from this IFB. 9.0 SUBMITTALS: The Contractor shall produce a submittal package describing in sufficient detail the proposed modular/trailer building. t rai ler2.doc /smspec /Lk 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 General: FIELD OFFICFS/LABORATORY The City of Round Rock is seeking to purchase directly or through a lease /purchase arrangement a new modular building/trailer type office. The modular building/trailer structure is intended to house personnel and office equipment. The structure should be suitable for industrial type activity resulting in moderate to heavy use Quality Control: Bidders shall have a minimum of 5 years of experience in the manufacturing and construction of modular buildings /trailers. Bidders shall have been in business of manufacturing modular /trailer buildings under the same corporate ownership and/or business entity for a period of not less than 3 years. Bidders shall supply a list of similar projects as delineated in the bid package. Submissions: The selected supplier shall supply submittal information to the City of Round Rock prior to manufacturing. The submittal information shall include at a minimum the following: 1. Drawing of proposed modular building /trailer. Plan and elevation drawings required with general schematic of electrical, mechanical and plumbing layout. 2. Floor plan showing layout of rooms and cabinetry. 3. Descriptive list of finish items to be supplied with unit. 4. Description of electrical, mechanical and plumbing systems. 5. Sample lease/purchase agreement form or contract. Submittal information shall be in a bound covered form. Three sets of separate bound submittal packages shall be submitted for review after award of contract. Submittal information shall be reviewed for general conformance to the specifications and drawings contained herein. General Requirements: Trailer to be configured approximately as indicated by the drawing and as follows. A. Furnish equipment specified under the article for the exclusive use of City of Round Rock and its representatives. Ownership of modular /trailer building equipment furnished under this article will remain, Grailer2.docismspecilk 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 unless otherwise specified, that of the City of Round Rock C. New mobile office trailer as manufactured by Space Master Buildings or approved alternate. Minimum features: 1. Baked enamel aluminum siding with 1/2" foiled back insulated sheathing provided OR approved alternate. 2. 2x4 spf construction, 16 "inch O.C., 3 -1/2 IN foil- backed fiberglass insulation throughout. 3. Interior Wall: Vinyl covered gypsum, 3/8" . 4. Flooring: Vinyl tile flooring, 1/8" min . 5. Ceiling: 3/8" gypsum. 6. Insulation: R19 ceiling, RI1 floors and walls. 7. Rooms, as follows: 7. Windows: a. Minimum two per room with one each on opposing walls. b. Provide horizontal louver blinds (dark blue or brown) on each window. c. Windows to be double -pane, vertical sliders, 30 w 36 h minimum. d. Provide four (4) windows for laboratory. 8. Trailer size: Nominal 74 FT long and 28 FT wide, to include a continuous covered entrance at exterior door locations. 9. Two exteriors doors (with cylinder deadbolt locks) with outer screens, exterior lights and exterior stairs and railings. All interior and exterior doors to be 3 FT wide. trait er2.doc /smspec/tk a. One office, 12 FT X 14 FT. b. Two offices 12 FT X 12 FT. c. Two bathrooms, 10 FT X 12 FT. d. One conference room, 14 FT X 16 FT. e. One laboratory area, 16 FT X 28 FT. f. One closet in Large office, 3 FT X 4 FT. Trailer entrances to be provided with appropriate stairs and entrance landings, # Landings a minimum of 4 ft. wide and continuous between the two(2) exterior doors. Provide covered entrance arrangement over and continuous between entry doors. Covered entry to be securely attached to building and properly flashed with adequate head room to permit full opening of exterior doors. Construction material to be suitable for outdoor exposure. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 10. Trailer to be fully handicap accessible and be.in general conformance to current Federal and State regulations for persons with physical limitations. 12. Roofing to be continuous membrane type with minimum 18 year warranty against leaks, defects, lifting, and other detrimental wear. 13. Provide skirting around entire building footprint. Provide adequate venting and secure to prevent buckling and/or bending. D. Electrical System: 1. All fixtures, outlet, and wiring of Underwriters Laboratory approved devices. 2. All circuits protected by circuit breakers; fuses are not acceptable. 3. Electrical system shall meet requirements of the latest National Electric Code. 4. System suitable for 220 V, 3 pH service. 5. Any transformers or other devices required to match this supply to the mobile office shall be provided and connected. 6. Provide a main breaker for the incoming service. 7. Provide GFCI circuit for restrooms and at coffee bar area. 8. Breaker panel to be located inside modular building/trailer building. 9. Each interior room except the washroom shall have at least four duplex electrical convenience outlets; laboratory shall have at least eight outlets. 10. Outlets in laboratory area only to be located 48" above finished floor. E. Central Combination Electric Heating, Air - Conditioning System: 1. Fan- forced air. 2. Thermostatically controlled. 3. Individual room units are not acceptable. 4. Protect and insulate all piping. 5. System sized to maintain 75 Deg F constant temperature in each room. 6. Provide supplemental exhaust fan for the laboratory and conference room. 7. - Provide six (6) inch covered exhaust opening in laboratory coordinate with City of Round Rock. 8. Exhaust fans in each restroom. F. Lighting System: 1. Ample ceiling fixtures (fluorescent lights) provided to ensure adequate lighting throughout. 2. Exterior lighting at entrances. trailer2.doc /smspec /1k 5 G. Standard Washroom: 1. Toilet and/or urinals, shower, and wash basin, 2 sinks each, with simple under sink cabinetry. Toilets shall be pressure flush valve type, no tanks; and wall hung sinks not acceptable 2. Electric water heater, 40 gallon minimum, locate in women's restroom. 3. Wall Mirror unit. 4. Electric ceiling or wall vent. 5. Sound insulated partition. 6. Insulated walls around restrooms. H. Plumbing: 1. Provide supply and DWV to rooms indicated herein and on the drawing. 2. Hot and Cold supplies to be insulated and properly sized. 3. Provide Hot and Cold supply at laboratory location indicated on drawing. 4. Route waste pipe to single exit point as indicated on drawing. I. Fumishings: 1. One cabinet arrangement in conference room including multiple drawers, sink, laminated counter top and a minimum length of five (5) ft. 2. All interior doors to be hollow core masonite type with glass inserts. Provide keyless hardware on each. Hardware to be brass finish. 3. Exterior doors to be insulated painted metal type, commercial grade with glass /screen opening and deadbolts. J. Delivery: The modular building/trailer shall be delivered to the East WWTP, 3939 Palm Valley Blvd., Round Rock, Tx.. The general location of the plant site is 4 miles east on US 79 from IH 35 in Round Rock. The modular building /trailer shall be F.O.B. at this location. Bidders are responsible for visiting the site and ascertaining existing conditions of plant site K. Setup: The modular building/trailer shall be set -up in accordance with manufacturer's recommendations_ The structure shall be secured to the ground by means of anchors, stakes and/or straps. The anchoring system shall be included in the purchase cost of the structure. The structure shall be level and braced such that the building is resistant movement due to external loads and occupancy Loads. Grai ler2.doc /smspec /lk 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 L. Payment: As detailed on the bid form_ Supplier to provide all pertinent financial requirements and/or restrictions as may be applicable to this bid. K. Warranty: The modular /trailer building shall be warranted against defects in workmanship, materials and construction for a period of twelve (12) months after final payment or acceptance by Owner. The supplier /manufacturer shall provide such warranty in a form acceptable to Owner. At a minimum this warranty shall be signed by an authorized person of the company and/or corporate officer and have a corporate seal affixed. trailer2.doc /smspec/lk 7 PART HI EXHIBITS 1.0 The following attachments shall be completed and returned with bid response: 1.1 Attachment A: Questionnaire 1.2 Attachment B: References NOTICE TO BIDDERS: Attachments A & B are required to be completed and returned with the bid response. Pursuant to Section 3.II(E) of article 601B, V.T.C.S., failure to provide the required information with the bid response will automatically disqualify the bid from consideration for award in connection with this transaction. ATTACHMENT A QUESTIONNAIRE 1. State the exact amount of monthly payment for a thirty -six (36) month contract. Include in schedule costs for move -in, erection, set -up, start -up and final dismantling. Payment invoices due on or before the 25th day of each month. Monthly charge for term of lease /purchase is $ 27 / ZS 2. Will your contract include a penalty clause for the following, and if so please state same: 2.1 Late payments See item 17 SMI Finance Agreement 2.2 Early cancellation of the agreement See item 17 SMI Finance Agreement 3. Assuming that the contract will be carried to the full term, state the City's total finance cost would be (include all costs involved in the completion of the contract): `1`7‘i `-= _Zit/ Fi wq�v fhw y.5 4. State the length of time this bid will be honored after the bid opening date: 60 days 5. State the date this company was formed and /or incorporated: 1945 THIS ATTACHMENT SHALL BE RETURNED WITH BID FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE BID RESPONSE WILL AUTOMATICALLY DISQUALIFY THE BID FROM CONSIDERATION FOR AWARD IN CONNECTION WITH THIS TRANSACTION [ railer2.doc /smspec /1k 8 NAME ADDRESS TELEPHONE CONTACT VALUE AMR SERVICES (American Airlines) 4301 Empired 963-1639 (817) Dave Cunningham 14,000 ADVO TECH 8801 Forum Way Ft Worth, Tx 76140 (817) 568 -2446 Joe Martinez 6,000 ST. ELIZABETH CHURCH 4015 S. Hampton Dallas, Tx 75224 (214)331 -4323 Jim Kraft 42,120 CORTEZ GROUP Rt 1, Box 8A -A Bridgeport, Tx 76425 (817)679 -4542 Armen 12,000 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 «eiier2.deeismspeciii. 9 ATTACHMENT B REFERENCES List below the name, address, and contact person of governmental or private entities for which you have performed a successful purchase and/or lease /purchase project. Indicate the estimated dollar value of each project. THIS ATTACHMENT SHALL BE RETURNED WITH BID FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE BID RESPONSE WILL AUTOMATICALLY DISQUALIFY THE BID FROM CONSIDERATION FOR AWARD IN CONNECTION WITH THIS TRANSACTION. closet conference /break room office coffee sink are u CITY OF ROUND ROCK PROPOSED MODULAR /TRAILER BUILDING FOR EAST WWTP DRAWING IS SCHEMATIC ONLY, NO SCALE notes: office 12' office proposed floor pion 21' -7 I/2 COMMON AREA womens restroom u' -1 1 /2 10' 0 0 x 0 0 1. OVERALL DIMENSION IS A NOMINAL DISTANCE AND CAN VARY +/— INCHES. 2. WALL CONSTRUCTION IS 2X4SPF CONSTRUCTION. 3. PROVIDE SHOWER IN EACH RESTROOM 4. PROVIDE TWO WINDOWS PER EACH CORNER OFFICE 5, PROVIDE THREE EQUALLY SPACED WINDOWS ALONG COMMON AREA WALL. 6. DOORS ARE MINIMUM 3068. 1 0 • mans restroom not /col2au `ice EN EN we we am r -- r= we so me No we um Ns s 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Mayor Charles Culpepper Mayor Pro-tem Earl Palmer Council Members Robert Mirka Rod Morgan Rick Sremarr Martha Chavez Jimmy Joseph City Manager Roherr L. Bennerr, Jr. City Attorney 5rephen L Sheery THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512- 255 -3612 ADDENDUM NO. 1 Project: Modular/Trailer Building for East Wastewater Plant Bid Date: 2:OOp.m., September 12,1995 Public Works Department City of Round Rock Round Rock, Tx The following change has been initiated for the above referenced project: New Bid Opening Date - 2:OOp.m., September 26, 1995 Bidders are to include this Addendum in their response. Fax 512 - 255 -6676 1 -800 -735 -2989 (TDD) 1 -800- 735-2988 (Voice} 9/22/95 Addendum No. 2 Project: Modular/Trailer Building for East WWTP Bid Date: 2:OOp.m., September 26, 1995 Public Works Department City of Round Rock Round Rock, Texas The following paragraph is to replace the existing section as delineated; replace paragraph 12 as listed under General Requirements, Section C. with the following: • 12. Roofing to be continous membrane type with minimum 18 year warranty against leaks, defects, lifting, and other detrimental wear. The roofing system shall be a reinforced EPDM membrane, a minmum thickness of .045 inches or APPROVED ALTERNATE. Add the following additional sentence under the paragraph labeled "Quality Control" on page 3: • All building, mechanical, and electrical components of the proposed Modular Building/Trailer shall conform to SBCCI -1994 and NEC -1993 codes as adopted and amended by the City of Round Rock. Add the following sentence to the end of the section labeled "Submissions" on page 3: • The selected manufacturer /supplier shall not begin any manufacturing or construction of the proposed modular building/trailer until the submittal package is reviewed and accepted by the City of Round Rock Upon acceptance of the submittal package the City of Round Rock shall issue allotice -to- Proceed to the manufacturer /supplier at which time construction may commence. The following clarification is to be applied to paragraph 7.0 under Part I, General Clauses and Conditions: • It is the intent of the City of Round Rock to purchase a Modular BuildinglTrailer either through a three (3) year firm lease or, direct purchase . Since no funds can be guaranteed prior to the City Council's acceptance of a budget for a particular fiscal year bidders are advise to bid for a lease /purchase program of three (3) years and/or direct purchase cost. Bidders are to include this Addendum in their response. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACT FOR SALE ( REFERENCE AGREEMENT PAGE PBD -2 ) CONTRACT FOR SALE I. 1.01. This is a contract for sale of: One (1) 28' x 74' modular building built per Buyer's plans and specifications and signed drawings dated: fANGGVRy 9 / fq; and in accordance with Space Master Buildings Proposal dated 9/25/95, between Space Master International, Inc., a Georgia Corporation, whose principal place of business is located at 1040 Crown Pointe Parkway, Suite 900, Atlanta, Georgia 30338, doing business as Space Master Buildings, 7700 S. Freeway, Fort Worth, Texas 76134, referred to as "Seller ", and the City of Round Rock, a Texas home - rule municipal corporation, whose offices are located at 221 E. Main St., Round Rock, Texas 78664 -5299, referred to as "Buyer." Seller and Buyer are collectively referred to as the arties." This Contract is made and entered into on the / day of TANUAny , 1996. &F 1.02. The parties acknowledge and agree that the transaction that is the subject of this contract shall be governed in all aspects by the laws of the State of Texas, and the laws of the State of Texas will govern the rights and duties of the parties hereto. 2.01. The goods that are the subject matter of this contract are further described in the following documents, and together with this Contract, comprise the Contract, and they are fully a part of this Contract as if herein repeated in full: The Agreement The Notice to Bidders The Invitation for Bid (IFB), except Part II Specifications, related to lease purchase, are not applicable because the City is purchasing, not leasing, the modular building. The Technical Specifications Addenda The Plans, Specifications and Signed Drawings referred to in 1.01, and all other Submittals as modified by the Buyer. The Space Master Building Proposal dated 9/25/95 A: \sPACMSTR.WPD /clb II. 3.01. The Seller warrants the materials, workmanship, and construction of the goods and that the work is in conformance with the plans and specifications included in this Contract for a period of twelve (12) months from the date of acceptance of the goods by the Buyer. Upon notice from the Buyer, the Seller shall repair defects in all construction or materials which develop during the twelve (12) month period and at no cost to the Buyer. Warranty on components originating from the Seller's vendors will be the warranty provided to Seller from the vendor and passed on to the Buyer. Neither final acceptance, final payment, nor any provision in this Contract relieves the Seller of this warranty. Notice of observed defects will be given with reasonable promptness. Failure to repair defect upon notice entitles Buyer to repair same and recover reasonable cost thereof from the Seller. All repairs, replacements, or other warranty related items shall be F.O.B. delivery site. 1) improper maintenance; This warranty does not cover defects resulting from: 2) installation in an area subject to heavy fall -out or exposure to corrosive chemicals, ash or fumes from chemical plants, foundries, plating works, kilns, fertilizing manufacturers, paper plants, and the like; 3) Acts of God, vandalism, falling objects, explosion, fire, riots, acts of war and radiation. In the event that any defect is discovered by the Buyer, notice of the defect shall be given to the Seller in writing and such notice will be sent within the warranty period by certified, registered mail. The warranty is tendered for the sole benefit of the Buyer and is not transferable or assignable except as agreed to in writing by the Seller, and is further void in the event the goods are removed from the original location of installation. IV. 4.01. The price for the goods that are the subject matter of this Contract is $77,878.00, plus a delivery charge of $1,802.00, plus an installation charge of $3,680.00, plus other charges of $4,625.00, for a total amount due under this contract of $87,985.00. Payment in the amount of $87,985.00 will be made by the Buyer to the Seller after the goods are installed by the Seller and accepted by the Buyer. No payments will be invoiced or demanded by the Seller prior to the installation of the goods and the acceptance of the goods by the Buyer. Buyer shall pay the Seller the full sales price within thirty (30) days of the invoice date pursuant to the Texas Prompt Payment Act. Acceptance shall be defined as where the Seller has installed the modular building in accordance the technical specifications, plans, signed drawings (reference sections 1.01 and 2.01) and substantial completion has been achieved. "Substantial completion" means that the modular building has been made suitable for use or occupancy or the structure is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. The substantial completion of the modular building shall not excuse the Seller from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the modular building in accordance with the Contract Documents. The parties have certain responsibilities as set forth within this contract for sale. In the event the responsibilities of either party herein shall not be done and performed in accordance with this contract, the non - performing party shall be held in default. The defaulting party will be provided written notice and reasonable time, not to exceed ten (10) days, to correct such situation causing said default. If the defaulting party shall fail to correct said default, the non - defaulting party shall have available all remedies to default under law and equity. 4.02. Buyer is responsible for all permits, permit costs, taxes, fees, and utility connections. Seller shall apply for and obtain permits on behalf of the Buyer. 4.03. It is specifically agreed and understood between the parties that the price herein does not include any state or local taxes or other governmental charge. Any tax or other governmental charge upon the production, sale, use or shipment of the goods sold, now imposed or hereafter becoming effective, shall be paid and remitted to the appropriate governmental agency by the Buyer, or if state or federal law does not permit payment in such manner, said tax or other governmental charge shall be added to the price and shall be paid by the Buyer to the Seller. 4.04. The Buyer shall be solely responsible for any and all additional labor, materials, site preparation, foundation, foundation concealed conditions, and all other items on the project other than those necessary to manufacture, deliver, and install the goods as provided for in this Contract and specifications. 4.05. Buyer agrees to provide access to each building site so that trucks can drive alongside each building site; provide suitably leveled and compacted area within each building unit for the support of crane operation in erection; furnish power for the operation of Seller's machine tools during the course of erection and installation; and furnish necessary utility services required by the Seller in the performance of the Contract at the job site. V. 5.01. Delivery shall be made F.O.B. destination to 3939 Palm Valley Boulevard, Round Rock, Texas 78664. Delivery shall be made during normal working hours only, unless prior approval for after hours delivery has been obtained from the Buyer, and unless otherwise specified in the Invitation For Bid (IFB). Seller estimates that delivery of the goods will require sixty (60) days after Seller is in receipt of complete information, including this executed contract, and drawings approved by Buyer. Seller's delivery of the goods is subject to delays in manufacture or delivery due to fire, flood, windstorm, riot, civil disobedience, strike, Acts of God, or other circumstances beyond the Seller's control which shall prevent the manufacture of products or the making of deliveries in the normal course of business. Additionally, Buyer will not be liable for failure to take delivery of the goods for any of the causes specified above if they render it impractical for Buyer to receive the goods. When Seller or Buyer claims excuse for nonperformance under this paragraph, reasonable notice must be given to the other party. VI. 6.01. Buyer and Seller agree that neither party will assign or transfer this Contract or any part hereof or any amount payable hereunder, except with the prior written consent of the other party, such consent not to be unreasonably withheld. VII. 7.01. The Buyer warrants that he owns, or has the right to construct buildings on, the property on which the goods are to be delivered, installed, constructed or other work performed, and will designate to the Seller the location of the corner stakes of the property and will furnish the plat plan showing the boundary dimensions and angles of the property, and the proposed location of the site of the building or other work to be performed, together with all necessary information regarding contours, grades, soil conditions, tree locations, utility service lines owned or operated by the Buyer, rights -of -way, easements and restrictions, dimensions and other relevant data pertaining to existing structures on the premises. Seller shall not be responsible for encroachments of any type. Buyer warrants that said construction will not violate any zoning restrictions, and Buyer agrees to indemnify and hold the Seller harmless from all loss or damage or liability that may result from any lack or defect of title in the Buyer, or by reason of said construction violating any zoning restrictions. 7.02. The Buyer agrees not to interfere with the progress of the work, and not to occupy any portion of the building until all terms and conditions herein are fulfilled by both parties. Buyer further agrees not to permit any workmen, other than those of the Seller, to work at or in the immediate vicinity of the building without the Seller's consent, until the Seller's work on the building is completed. The Buyer agrees to be responsible for any damages that may be caused by its workmen. 7.03. No charge for labor or material furnished by the Buyer shall be allowed as a credit under this Contract unless authorized in writing by the Seller. 7.04. Both parties agree to and shall indemnify and hold harmless the other party, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or for damages to any property , arising out of or in connection with any act or omission, negligence, or work done by either party under this Contract. 7.05. Seller shall be responsible for obtaining insurance on Seller's property, goods to be installed, equipment and tools to be used in performing under this Contract, and other items for which the Seller deems insurance is necessary. Seller agrees that the goods that are the subject of this Contract shall be owned by and shall be the responsibility of the Seller until after accepted by the Buyer and payment is made pursuant to the terms of this Contract. Risk of loss of the goods will pass to the Buyer after substantial completion. 7.06. The failure by the Seller or Buyer to enforce at any time, or for any period of time, any one or more of the terms of this Contract shall not be a waiver of such terms and conditions or of the parties' right thereafter to enforce each and every term and condition contained herein. 7.07. This Contract constitutes the entire agreement between the Seller and the Buyer, there being merged all prior and collateral representations, promises and conditions in connection with this Contract; and any representation, promise or condition not incorporated herein shall not be binding on either party. 7.08. Neither Seller nor Buyer shall be responsible for consequential or incidental damages under this contract. 1 1 1 1 1 1 1 1 1 1 1 '1 1 1 1 1 1 1 1 7.09. Seller shall convey title to Buyer with completion of payment in full. 7.10. Changes due to different scope, additional scope, deleted scope, site conditions found at variance to those known at contract execution or any contract term or condition shall be addressed through mutually agreeable Change Order(s) in writing. IN WITNESS WHEREOF the Parties to these presents have executed this Contract on the /B day of .,¢,/.,cy , 1996. BUYER By: Attest: CHARLIE CUL E PER, Mayor City of Round Rock, Texas By: MA R/ KA- NNE LAND, City Secretary ty of Round Rock, Texas SELLER Attest: orporation