HomeMy WebLinkAboutP-20-454 Design Space Modular w CIS.pdfCONTRACT INFORMATION SHEET
DATE: 12/1/2020
Contract No.: P-20-454 Vendor Number: 0000205887
Contract Title: Modular Building at Name/Address: Design Space Modular Building, Inc
Sheriff Substation Project 810 N Pleasant Ave
Fresno, CA 93728
Contract Period: 11/20/20 – 12/20/2021 Contact: Brad Fallentine
Using Agencies: Public Works
Email: BradF@DesignSpaceMod.com
Terms: Net 45
Total Contract Amt.: $13,904.39
Buyer Name: Heather Stevens
Requisition No: 5102100099 Org: 4510
Supersedes:
X NEW RENEWAL AMENDMENT
X TICK DATE 10/20/21 REFERENCE (RFQ# / RFP#)
DESCRIPTION: Mobile Trailer for the Sheriff substation project at 1129 N. Armstrong Ave
SPECIAL INSTRUCTIONS: Custom term - 13 months to start
DISTRIBUTION: Completed By: Date: Completed By: Date
DEPARTMENT: Public Works
REQUISITIONER: Steve Deis
Lauren Pettyjohn
Rev 1/3/2017
Name:
Phone:
E-mail:
Unit No.Width Weekly
3823 12 $220.00
14
10
Billed at Time of Return **
Signed by duly authorized agents, with the intent to be legally bound, this day of
DISMANTLE/TEARDOWN $245.00
REMOVE TIEDOWNS/ANCHORS $770.00
REMOVE SKIRTING $0.00 TOTAL MONTHLY (Excl Tax)$695.00
RTS MODS:$0.00 DOH/DMV/PPT Tax*$13.03
Advance Payments Description of Charges / Payment to be Applied Amount
Applied to 1st Invoice(s)
Applied to Final Invoice(s)
Fresno County - Public Works and Planning
2220 Tulare Street, 6th Floor
Fresno, California 93721
Billing Contact: Lauren PettyJohn 559-314-5580
No agent, employee or representative of Lessor has any authority to make any representation or warranty concerning the Equipment that is not
specifically included in this Lease. Unless specifically identified in this Lease, this Lease supersedes all prior negotiations, proposals and
not returned are billed at $65.00/each.
By:
DESIGN SPACE MODULAR BUILDINGS.
By:
CUSTOMER OR AUTHORIZED AGENT
Name: Brad W. Fallentine
SALES REPRESENTATIVE
Name:
(Please print)
Monday, November 16, 2020
STEPS *Yes QUANTITY:2
RAMP *Yes
Fresno, CA 93728 1129 N. Armstrong Avenue
Phone: 559-233-5596 Fresno, California 92727
LEASE AGREEMENT NO:
559-314-5580
lpettyjohn@fresnocountyca.go
AMOUNT MONTHLY CHARGES AMOUNT
Serial No.Length Monthly Daily Insurance Value
56177 56D $660.00 $44.00 59,527.00$
Fax: 559-233-0365 Fresno County
Lessee Name (Customer) & Address
R001545
CUSTOMER NUMBER:02-Fresno1
CUSTOMER PO/REF. NUMBER:
RETURN EQUIPMENT TO DESIGN SPACE: Equipment Located At
Contact
Lauren PettyJohn810 N. Pleasant Avenue Fresno County Sheriff Area 2
(the "Minimum Lease Period") from the startCustomer hereby leases Equipment from Lessor for a minimum period 13 Months
to Section 3(c) on the attached page, will be on or about:11/20/2020
of the lease term in accordance with the terms and conditions of this Lease Agreement including the terms and conditions set forth on the attached
rental and other charges on the due dates set forth in this Lease. The anticipated delivery date for the equipment, subject
DOOR & WINDOW BARS
WET STAMP DRAWINGS
SIZE:
ONE TIME CHARGES
SKIRTING* FT:$0.00 $35.00
TIEDOWNS / ANCHORS* QTY:$1,540.00
Billed at Time of Delivery
DELIVERY $425.00 ADDITIONAL LEASE COSTS*
SET-UP / BLOCK & LEVEL
$1,050.00
BUILDING(S) *$660.00
RETURN DELIVERY $425.00
$245.00 OTHER*
$0.00
MODS:$0.00 *TAXABLE ITEMS
Page 1 of 6
P-20-454
1. LEASE
2. RENTAL AND OTHER PAYMENTS
3. Delivery and Installation
4. Maintenance of Equipment
condition it was delivered subject to ordinary wear and tear, and free of any and all liens and encumbrances. Lessor will have the right to inspect the Equipment
from time to time until the Return Date and if Lessor believes the Equipment to be misused, abused or neglected, Lessor may summarily remove and repossess the
(c) Lessor will warrant the structural integrity of the building(s) and any defect not caused by excessive wear and tear during the lease term, including damage
caused by extraordinary wear from the environment where the customer locates the equipment or site utilities. However, the Customer will be responsible for
normal maintenance such as changing HVAC filters, light bulbs, HVAC programming, lighting control programming, janitorial services, the use of chair mats, and
other minor repairs. Lessor will be provided reasonable notice and time to correct defects.
days of the due date, Lessor may impose a charge on such amount at one and one-half percent (1-1/2%) per month or the highest rate permitted by law, whichever
is lower, from the due date until payment in full is received by Lessor.
(a) Customer will provide free and clear access for delivery of the Equipment by standard mobile transport vehicles. Customer will be solely responsible, at its
Equipment. Site election is the sole responsibility of Customer. LESSOR ASSUMES NO LIABILITY OR OFFERS ANY WARRANTY FOR THE FITNESS
FOR ADEQUACY OF THE UTILITIES AVAILABLE AT THE SITE. FURTHER, DSMB DISCOURAGES THE USE OF HOLDING TANKS OR ELECTRIC
GENERATORS ILO A PERMANENT SERVICE CONNECTION. IF USED, THE CUSTOMER ACCEPTS RESPONSIBILITY FOR THE SERVICE,
LIMITATIONS AND CONSEQUENCES OF USING SUCH SYSTEMS.
modification of the Equipment, Customer is liable for the cost of the removal of such modification or restoration of the Equipment upon the termination of this
Lease for the modified Equipment. Lessor may place its name on the Equipment, and Customer will assure that such name is not removed or concealed in whole or
in part.
This transaction is a lease and not a sale. Customer does not acquire through this Lease or by payment of rental under this Lease any right, title or interest in or to
the Equipment, except the right to possess and use the Equipment so long as Customer is not in default under this Lease.
expire either originally, under a renewal term or under month-to-month renewals as contemplated by this Lease, Rental and such other charges will be prorated on a
as outlined on the front of this agreement will be due and payable at the start of the lease term, and charges for teardown and return will be due and payable at the
advance (i) at the end of each thirty (30) day period following the commencement of the lease term, if a rental month is defined on the first page of this Lease as a
thirty-day period or (ii) on the first of each month immediately following the month in which this lease commences, if a rental month is defined on the first page of
this Lease as a calendar month. All other sums payable by Customer under this Lease are due and payable when invoiced. Unless agreed otherwise, all payments
All payments by Customer will be made without set-off or deduction of any kind.
TERMS AND CONDITIONS OF LEASE AGREEMENT
or other taxing authorities and related directly or indirectly to the Equipment or its use, excluding federal or state taxes relating to income (all of the foregoing that
value, possession, use, location, rentals, delivery or operation of such Equipment. Taxes may include an allocation on a statewide basis of locally imposed taxes.
contractors or manufacturers) which delay the manufacture or modification of products or the making of deliveries in the normal course of business.
assume accuracy of the information given to Lessor with respect to site conditions and locations and are subject to adjustment to the extent that the timing of or
physical nature of access to the Site is or becomes limited, the Site does not have adequate load bearing or topographic qualities or is otherwise not properly
prepared, utilities are not correctly located, provision of utilities is not timely or applicable licenses or permits are not provided in a timely manner or Customer
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P-20-454
5. NO WARRANTY FOR MERCHANTABILITY OR FITINESS
6. Limitation of Damages
7. End of Lease
8. Indemnification
means all laws, rules, regulations or orders of any governmental agency or instrumentality of the United States, Canada, any state province, municipality or other
local government and all orders, writs and decrees of any court, tribunal or administrative agency, in any case which now exist or hereafter arise (including but not
limited to laws governing Hazardous Substances and other environmental risks and the Americans with Disabilities Act). Customer will not make or permit any
unlawful use or handling of the Equipment.
Customer will not use or store Hazardous Substances in the Equipment, except such substances and in such quantities as would be normal in the operation of a
commercial office. Customer will not locate the Equipment at a remediation or nuclear site or use the Equipment for medical laboratory testing. (iii) Ordinary
wear and tear does not include contamination by Hazardous Substances. If any returned Equipment is found to have been contaminated by Hazardous Substance
charged for an uncontaminated unit.
will not be used for residential or dormitory purposes.
will pay (in addition to tear-down and return charges) the following termination charges:
THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, AND ALL WARRANTIES OF ANY KIND, INCLUDING ANY EXPRESSED OR IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE, ARE HEREBY EXCLUDED BOTH AS TO THE EQUIPMENT AND AS TO ANY
INSTALLATION, MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR ON THE EQUIPMENT.
Customer does hereby expressly waive any and all claims and demands for loss of profits or other alleged consequential, incidental or punitive damages arising out
of or in connection with this Lease. Lessor is not liable for any loss or damage to any property stored, located or transported in, upon, under or around any
Equipment and Customer does hereby waive any and all claims and demands for any such loss or damage.
Lease, with or without consent of Lessor, Customer will then be deemed to have renewed this Lease on a month-to-month basis subject to such rate as Lessor
declares to be in effect (and in the absence of such declaration at the last monthly rate applicable to the Equipment), and Lessor may terminate such month-to-
month extensions at any time.
equipment beyond a truck, or impaired in any way. Missing accessories, attachments or other items, repairs of any kind and restoration to original specifications
whether due to Customer alterations or otherwise will remain the sole responsibility of Customer, normal wear and tear excepted.
(d) The actual or alleged storage, maintenance, use, handling, repair, or operation of the Equipment, prior to the Return Date, including but not limited to any
failure to use anchor straps, any work done on, or any materials supplied to or in connection with operation, maintenance, possession or storage of the Equipment
and any loss or damage to anything stored in any of the Equipment; and
on behalf of Lessor or the repossession or return of Equipment by Lessor in accordance with the terms of this Lease.
if the MLP is more than six (6) rental months but one (1) year or less, twelve (12) times the AWLC; if the MLP exceeds one (1) year, fourteen (14) times the
AWLC for each year, or portion thereof, of the portion of the MLP cancelled.
In addition to the termination charges outlined above, Customer will pay in full the unpaid Amortized One-Time Costs and rental for ancillary equipment such as
steps, decks, and ramps. In no case will the termination charges be in excess of the rental charge for the remainder of MLP.
Customer hereby specifically indemnifies, agrees to defend and holds harmless Lessor, its employees and agents from any and all loss, claims, liabilities, damages,
with:
or riot or any other peril or casualty;
(b) The death of or injury to, including but not limited to damage to the property of, any person as a result of, in whole or in part, the use or condition prior to the
Return Date of the Equipment;
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P-20-454
9. Insurance
10. Damage Liability Waiver
11. Default
hours of the occurrence of any such event. Customer will also provide any information in regard to such event that Lessor reasonably requests.
failure to perform or observe;
proceedings, (iii) commits an act or bankruptcy, (iv) admits in writing its inability to pay its debts as they become due or (vii) enters into any type of voluntary or
involuntary liquidation or dissolution;
reasonable opinion of Lessor becomes worthless.
coverage for premises, operations, contractual liability, broad form property damage, independent contractors and personal injury liability naming Design Space
Modular Buildings as an additional insured.
Equipment as a result of collision, fire, lightning, theft, flood, windstorm, explosion or any other casualty, naming Lessor as a loss payee, with a maximum
deductible of $500.
being of the essence; except that, if Customer elects to enroll in the Damage Waiver Option, Customer will not have to deliver certificates of insurance to Lessor
for the type of risks covered by the Damage Waiver Option as elected by Customer. Each certificate will state that such insurance will not terminate or be
addition to all the other remedies for default under this Lease, Lessor may (i) impose upon Customer a one-time fee for insurance processing of One Hundred
Dollars ($100) and (ii) assess as additional rent an uninsured lessee fee of ten percent (10%) of the monthly rental from the start of the lease term until the required
insurance certificate is delivered to Lessor.
of the Equipment will neither terminate this Lease nor, except to the extent that Lessor is actually compensated by insurance paid for by Customer, relieve
Damage Waiver Option is available and Customer, in writing prior to delivery of the Equipment to the site, elects to enroll in the Damage Waiver Option, then,
Section 10(b) will apply.
will not be required, under the terms of this Lease, to carry any additional commercial property insurance as required by Section 9(a) (ii) and Customer will not be
liable to Lessor in excess of $500 per unit of Equipment for loss or damage specified in Section 8(a), except customer will not be relieved of liability if Customer
violates any other provision of this Lease or if damage results from theft, vandalism, negligence, misuse or abuse. THE DAMAGE WAIVER IS NOT
INSURANCE COVERAGE.
prior written notice. If the Damage Waiver Option is, for any reason, cancelled, Customer will provide to Lessor evidence of policies of insurance as set forth in
Section 9 (a) (ii), as appropriate, within ten (10) days prior to the effective date of such cancellation.
and, only extends to Equipment installed on ground level with properly installed tie-down anchors.
The obligations contained in this Section 8 will survive expiration or termination of the term of this Lease and the Return Date. The indemnifications contained in
this Section 8 will apply to Losses whether they are asserted before or after the Return Date.
policies of insurance satisfactory to Lessor as to the insurer and as to the form and amount of coverage, with premiums prepaid:
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P-20-454
12. LESSOR'S RIGHT TO CURE
13. Set-Off
14. Assignment, Amendment, Modification, Miscellaneous
Without limiting any other provision of this Lease, upon the occurrence of an Event of Default, Lessor will have the immediate right, without notice, demand or
other action, to set-off against Customer any amounts Lessor may hold as prepayments or deposits for Lessor liabilities to Customer whether or not then due to
Customer. Unless otherwise prohibited by law, Lessor will be deemed to have exercised such right to set-off and to have made a charge against any such sums
immediately upon the occurrence of any Event of Default by Customer.
(a) Customer will not have the right to assign this Lease or to sublet, rent or otherwise hire out or transfer possession of any of the Equipment to any person or
entity other than Lessor, without the prior written consent of Lessor. Lessor may assign this Lease and the rentals reserved under this Lease. If Lessor makes such
an assignment, the assignee will acquire all rights, obligations and remedies possessed by or available to Lessor under this Lease.
Upon the occurrence of an Event of Default, Lessor will have the option to declare the entire balance of rent for the remainder of the stated lease term immediately
due and payable and to accelerate and make immediately due and payable any other amounts owing under this Lease. Lessor will also have the option to retake and
retain any or all of the Equipment free of all rights of Customer without any further liability or obligation to redeliver any of the Equipment to Customer, and
Customer hereby grants Lessor the right to enter upon any premises where all or any of the Equipment is located in order to take possession of and remove such
Equipment. (Notwithstanding the foregoing, if an Event of Default occurs under clause (c) above, such accelerations will occur automatically without the need for
declaration.) Customer will pay to Lessor on demand all fees; costs and expenses incurred by Lessor in enforcing all other remedies provided in the Lease or exist
possession of the Equipment or any part of the Equipment and there is at the time of such retaking, in upon or attached to such repossessed Equipment, any other
property, goods or things of value owned by Customer or in the custody or control of Customer, Lessor is authorized to take possession of such other property,
If Customer defaults in any of its obligations under this Lease, whether or not an Event of Default then exists, Lessor may pay all amounts or perform or cause to
be performed all obligations required to be paid or performed by Customer under this Lease and recover from Customer as additional rent all amounts so paid or
the reasonable value of all services so performed.
understandings not specifically contained in this Lease will be binding upon any of the parties hereto unless reduced to writing and signed by the parties to be
bound thereby. Any amendment, modification or addendum to this Lease will not be binding on Lessor unless signed by an authorized officer of Lessor. This
Lease will be governed as to its construction, interpretation and effect by the laws of the State of California without regard to principles of choice of laws.
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P-20-454
Lease #: R001545 Unit #:
DESIGN SPACE MODULAR BUILDING MUST BE LISTED AS "ADDITIONAL INSURED"
Special or Broad Form to include ALL LEASED UNITS
$500 MAXIMUM DEDUCTIBLE (Flood insurance required for Units located on a Floor Plain)
DESIGN SPACE MODULAR BUILDINGS MUST BE LISTED AS "LOSS PAYEE"
Daily Rate: Waiver for Damage to Building $ 1.00/day/unit
What is Waived:
1.YES, I (the Lessee) want to take advantage of the Damage Waiver option as outlined above.
Please bill me for the quoted rate which will appear on my monthly invoice. The waiver is subject to cancellation and the other terms and conditions
ACKNOWLEDGEMENT
SIGNATURE OF LESSEE OR AUTHORIZED AGENT PRINT NAME DATE
NOTE: In the absence of a response within 14 days of the date of this correspondence the terms outlined under item 2 will apply
810 N. Pleasant Ave
Fresno, CA 93728
Design Space Modular Mail All Certificates To:559-233-0365FAX Certificates To:
Design Space Modular Buildings will waive the contractual requirement that you provide property insurance that protects Design Space Modular Buildings and will
waive certain liabilities to Design Space Modular Buildings as outlined below.
Note: WAIVERS ARE NOT INSURANCE COVERAGE - The waivers do not relieve you of any liabilities to parties other than Design Space Modular Buildings and, as set forth
below, certain liabilities to Design Space Modular Buildings are not waived. Design Space reserves the right to decline custuomers request for waiver. Waivers are only available for
equipment installed at ground level with properly installed tie-down anchors. Waivers are not avaible for complexes.
$500 of damage per unit. Except, customer will not be relieved of liability if Customer violates any other provision of this Lease or if damage results from theft, vandalism,
negligence, misuse or abuse.
2. I (the Lessee) have Insurance in accordance with Section 9 of the lease agreement with respect to any category not waived. I will deliver a certificate of Insurance to
DSMB WITHIN 14 DAYS OF EQUIPMENT DELIVERY as required by Section 9 of the lease agreement . DSMB has provided the 14 day grace period as a convenience to
customers. I understand that time is of the essence and that if I do not deliver the certificate of insurance within the grace period, I will be in default under the lease agreement and
DSMB at its option may, among other actions, impose a one-time fee for processing of up to One Hundred Dollars ($100) and may assess as additional rent an uninsured lessee fee of
ten percent (10%) of the monthly rental from the start of the lease term until the required insurance certificate is delivered to DSMB.
Liability: There is no waiver available for General Liability. Please refer to your obligation under Section 9 of the lease agreement and as summarized above for the insurance
requirements for General Liability coverage.
Damage Waiver: We waive (a) your obligation under the lease agreement to carry commercial property insurance and (b) your liability to us for repair or replacement of the building
structure for loss or damage resulting from fire, lightning, flood, windstorm, or explosion. You will remain liable to us for the first
set forth in the lease agreement.
INSURANCE AGENCY ADDRESS:__________________________________________
INSURANCE COMPANY:_____________________________________ AGENT NAME:______________________________
If you want to accept the property waiver complete item 1 and 2. If you elect no waiver, complete item 2.
AGENT PHONE NUMBER:_______________________ AGENT FAX No._____________________________
(Section 9 of Lease Agreement)
COMMERCIAL GENERAL LIABILITY:$1,000,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage;
30 days written notice
Or combined single limit of $1,000,000
COMMERCIAL PROPERTY:
CANCELLATION NOTICE:
CONTRACT INSURANCE REQUIREMENTS FOR MOBILE/MODULAR BUILDINGS
3823 56177Serial #:Insurance Valuation:59,527.00$
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P-20-454