Loading...
HomeMy WebLinkAboutResolution - 2021-R0133 - PO10023775 with CXT Inc. 4.13.2021Resolution No. 2021-RO133 Item No. 7.29 April 13, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Purchase Order No. 10023775 for the purchase of a restroom for McAlister Park, as per Sourcewell Contract 030117-CXT, by and between the City of Lubbock and CXT Incorporated, of Pittsburgh, Pennsylvania, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on April 13, 2021 �'Jv DANIEL M. POPE, MAYOR ATTEST: Rebbcea Garza, City Sec etar APPROVED AS TO CONTENT: —&JDQW Lk \ C a—' Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: RYookelKssiskaLt City Attorney cedocs/RES.Purchase Order 10023775 — McAlister Dog Park restroom purchase March 9, 2021 11t City of Lubbock TEXAS PURCHASE ORDER TO: CXT INCORPORATED PO BOX 643343 PITTSBURGH PA 15264-3343 Page - Date - I 3/9/2021 Order Number 10023775 000 OP Branch/Plant SHIP TO: MCALLISTER DOG PARK 6007 MARSHA SHARP FWY LUBBOCK TX 79382 ENVOICE TO: MY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alvarez, DirectorV Purchasing & Contract Managemeru Ordered 2/24/2021 Freight Requested 4/26/2021 Taken By J MONTES Delivery A SANTARR REQ 57078 PUR 15788 / SOURCEWELL #030117-CXT Description/Supplier Item Ordered Unit Cost UM Extension Request Date CXT. Model Dakota 1.000 103,972.5000 EA 103,972.50 4/26/2021 3 Stall Restroom Building Total Order Terms NET 30 103,972.50 5223 This purchase order encumbers funds in the amount of $103,972.50 awarded to CXT Incorporated of Pittsburgh, PA, on April 13 2021. The following is incorporated into and made part of this purchase order by reference: Quote from CXT Incorporated of Pittsburgh, PA, and Sourcewell Contract #0301 17-CXT Resolution# 2021-RO133 CITY OF LUBBOCK Daniel M. Pope, Mayor ATTEST: Reba ca Garza, City Secre ry Rev.1/2020 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TX L SELLERTO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. S e 11 e r shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seiler, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seiler, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision. Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seiler in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller wan -ants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities minder similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods famished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the samplc(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free perfammance and fault -free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. The obligations contained herein apply to products and services provided by the Seller, its sub- Seiler or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like. Buyer makes no warranty that the production ofgoods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seiler is sued on the grounds of infringement of the bite. if Seller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing ofthis agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. if Seiler in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will temninate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds arc not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination 13. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them 14. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terns hereof including warranties of Seiler or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 15. TERMINATION. The performance of work under this order may be terminated in whole, or in pan by the Buyer in accordance with this provision Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination' specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 14, herein 16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 17. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in confonnitywith this paragraph. 18. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a tern defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 20. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Whereever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding parry may treat this failure as an anticipatory repudiation of the contract. 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seiler or its employee, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay ail charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seiler shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 23. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement. 24. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. 25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 26. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duly authorize] audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 27. HOUSE BILL 2015. House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized S200 for each individual that has been misclassifiel. (Texas Goverment Code Section 2155.001). 28. ASSIGNING OR SUBLETTING THE CONTRACT. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 29. HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Instructions for completing Form 1295 are available at: hmq?:/ www.ci.lubboek tr urdenanmental-websites'deoarlmentc'purchasing'%-cndor-inform ttion 30. CONTRACTOR ACKNOWLEDGES, by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these trans and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 31. HB 89 The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government Code by verifying that: (1) The Contractor does not boycott Israel; and(2) The Contractor will not boycott Israel during the term of the Agreement. 32. The Contractor (i) does not engage in business with Iran, Sudan or any foreign terrorist organization and (it) it is not listed by the Texas Comptroller under Section 2232.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization 33. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. 34. Pursuant to Section 552.234(c) of the Texas Goverment Code, the City of Lubbock has designated the following email address for which public information requests may be made by an entailed request: ona mylubbock. us. Please send this request to this email address for it to be processed. REV. 1 2020 CXT CXTO Precast Concrete Products manufactures restroom, shower and concession buildings in multiple designs, textures and colors. The roof and walls are fabricated with high strength precast concrete to meet all local building codes and textured to match local architectural details. All CXT buildings are designed to meet A.D.A. and to withstand heavy snow, high wind and category E seismic loads. All concrete construction also makes the buildings easy to maintain and withstand the rigors of vandalism. The buildings are prefabricated and delivered complete and ready -to- use, including plumbing and electrical where applicable. With thousands of satisfied customers nationwide, CXT is the leader in prefabricated concrete restrooms. 1. ORDERING ADDRESS(ES): CXT Precast Products, Inc., 606 N. Pines Road, Suite 202, Spokane Valley, WA 99206 2. ORDERING PROCEDURES: Fax 509-928-8270 3. PAYMENT ADDRESS(ES): CXT Precast Products, Inc., 6701 E. Flamingo Avenue, Building 300, Nampa, ID 83687 4. WARRANTY PROVISIONS: CXT provides a one (1) year warranty. The warranty is valid only when concrete is used within the specified loadings. Furthermore, said warranty includes only the related material necessary for the construction and fabrication of said concrete components. All other non -concrete components will carry a one (1) year warranty. CXT warrants that all goods sold pursuant hereto will, when delivered, conform to specifications set forth above. Goods shall be deemed accepted and meeting specifications unless notice identifying the nature of any non -conformity is provided to CXT in writing within the specified warranty. CXT, at its option, will repair or replace the goods or issue credit for the customer provided CXT is first given the opportunity to inspect such goods. It is specifically understood that CXT's obligation hereunder is for credit, repair or replacement only, F.O.B. CXT's manufacturing plants, and does not include shipping, handling, installation or other incidental or consequential costs unless otherwise agreed to in writing by CXT. This warranty shall not apply to: 1. Any goods which have been repaired or altered without CXT's express written consent, in such a way as in the reasonable judgment of CXT, to adversely affect the stability or reliability thereof; 2. To any goods which have been subject to misuse, negligence, acts of God or accidents; or 3. To any goods which have not been installed to manufacturer's specifications and guidelines, improperly maintained, or used outside of the specifications for which such goods were designed. 5. TERMS AND CONDITIONS OF INSTALLATION(IF APPLICABLE): All prices subject to the "Conditions of Sale" listed on the CXT quotation form. Customers are responsible for marking exact location building is to be set; providing clear and level site, free of overhead and/or underground obstructions; and providing site accessible to normal highway trucks and sufficient area for the crane to install and other equipment to perform the contract requirements. Customer shall provide notice in writing of low bridges, roadway width or grade, unimproved roads or any other possible obstacles to access. CXT reserves the right to charge the customer for additional costs incurred for special equipment required to perform delivery and installation. Customers will negotiate installation on a project -by -project basis, which shall be priced as separate line items. For more information regarding installation and truck turning radius guidelines please see our website at htto://www.cxtinc.com. Com,etl n 030117-CXT In the event delivery of the building/s ordered is/are not completed within 30 days of the agreed to schedule through no fault of CXT, an invoice for the full contract value (excluding shipping and installation costs) will be submitted for payment. Delivery and installation charges will be invoiced at the time of delivery and installation. Should the delivery and installation costs increase due to changes in the delivery period, this increase will be added to the price originally quoted, and will be subject to the contract payment terms. In the event that the delivery is delayed more than 90 days after the agreed to schedule and through no fault of CXT, then in addition to the remedies above, a storage fee of 1-1h% of contract price per month or any part of any month will be charged. "Customer is responsible for all local permits and fees. 6. DELIVERY CHARGE: All prices F.O.B. origin prepaid and added to invoice. CXT operates three (3) manufacturing plants in the United States and will deliver from the closest location on our carriers. 7. PAYMENT TERMS: Payment to CXT by the purchaser shall be made net 30 days after submission of the invoice to the purchaser on approved credit. I nterest at a rate equal to the lower of I) the highest rate permitted by law; or (ii) 1.5% per month will be charged monthly on all unpaid invoices beginning with the 35th day (includes five (5) day grace period) from the date of the invoice. Under no circumstance can retention be taken. If CXT initiates legal proceeding to collect any unpaid amount, purchaser shall be liable for all of CXT's costs, expenses and attorneys' fees and costs of any appeal. 8. LIMITATION OF REMEDIES: In the event of any breach of any obligations hereunder, breach of any warranty regarding the goods, or any negligent act or omission of any party, the parties agree to submit all claims to binding arbitration. Any settlement reached shall include all reasonable costs including attorney fees. In no event shall CXT be subject to or liable for any incidental or consequential damages. Without limitation on the foregoing, in no event shall CXT be liable for damages in excess of the purchase price of the goods herein offered. 9. DELIVERY INFORMATION: All prices F.O.B. origin prepaid and added to invoice. CXT operates three (3) manufacturing plants in the United States and will deliver from the closest location on our carriers. Use the information below to determine the origin: • F.O.B. 6701 E. Flamingo Avenue, Building 300, Nampa, ID 83687 applies to: AK, CA, HI, ID, MT, ND, NV, OR, SO, UT, WA, WY. • F.O.B. 901 North Highway 77, Hillsboro, TX 76645 applies to AR, AZ, CO, IA, KS, LA, MN, MO, MS, NE, NM, OK, TX. • F.O.B. 362 Waverly Road, Williamstown, WV 26183 applies to AL, CT, DE, FL, GA, IL, IN, KY, MA, MD, ME, MI, NC, NH, NJ, NY, OH, PA, PR, RI, SC, TN, VA, VT, WI, WV. • Prices exclude all federal/state/local taxes. Tax will be charged where applicable if customer is unable to provide proof of exemption. 2020 Terms Dakota Dakota with chase restroom building. Standard features include simulated barnwood texture walls, simulated cedar shake textured roof, vitreous china fixtures, interior and exterior lights, off loaded and set up at site. 5 70,810.00 Final Connection to Utilities $ 2,370.00 Optional Wall Texture -moo.poop ❑ Split Face Block ❑Struck Trowel $ 2,370.00 Optional Roof Texture chop one ❑ Delta Rib $ 975.00 Two -Tone Color Scheme $ 265.00 Stainless Steel Plumbing Fixtures Addtl SS fixture for 3rd Bathroom added custom options notes below$ 4,765.00 Electric Hand Dryer (each) Addtl dryer added in custom options/notes below Qry: 3 $ 625.00 Electronic Flush Valves $ 2,880.00 Electronic Lavatory Faucets $ 1,220.00 Exterior Mounted ADA Drinking Fountain w/Cane Skirt $ 3,600.00 "allon Electric Water Heater HW added in custom opfions/notes below--30 Gal $ 350.00 Skylight in Restroom (each) Addtl skylight added custom options/notes below Qty: 3 $ 450.00 Marine Grade Skylight in Restroom(each) city:2 $ 1,525.00 Marine Packagefor Extra Corrosion Resistance $ 4,620.00 Tile Floor in Restroom $ 3,360.00 Fiberglass Entry and Chase Doors and Frames $ 4,275.00 2K Anti -Graffiti Coating $ 4,280.00 Timed Electric Lock System (does not include chase door) $ 3,830.00 Exterior Frostproof Hose Bib with Box $ 410.00 Paper Towel Dispenser (each)Addd PT disp. added custom options/notes below Qty: 3 $ 180.00 Toilet Seat Cover Dispenser (each) City: $ 80.00 Sanitary Napkin Disposal (each) city: 2 $ 55.00 Baby Changing Station (each) city:2 $ 450.00 CXT Wastebasket (each) Cry:3 $ 130.00 Paint Touch up Kit - Single Col or $ 60.00 Paint Touch up Kit -Two Tone Color $ 65.00 Total Cost of Selected Accessories from Accessories Price List: Estimated One -Way Transportation Costs to Site (quote): 0 Custom Options: StampPlansrTX insp, RestrmAddition/Partitions-Prop /Drawing 15-163P, See notes belo)h $ Total Cost per Unit Placed at Job Site: I $ (excludes all taxes) Estimated monthlypayment on 5 year lease $2,089.85 This price quote is good for 60 days from date below, and is accurate and complete. CXT Sales Representative 1 accept this quote. Please process this order. 70,810.00 2,370.00 0.00 0.00 265.00 4,765.00 1,250.00 0.00 0.00 3,600.00 0.00 900.00 0.00 0.00 0.00 0.00 0.00 0.00 410,00 360.00 0.00 110.00 0.00 390.00 0.00 65.00 14,485.00 6,000.00 12,677.50 103,972.50 I Company Name Customer Date Date Exterior Color Options: (For single color mark an X or for two tone combinations use W = Walls /R = Roof.) Amber Rose Toasted Almond Sun Bronze Sand Beige Pueblo Gold Granite Rock Rich Earth Special roof color Special wall color # Special trim color # Liberty Tan Oatmeal Buff Golden Beige Natural Honey Cappuccino Cream Georgia Brick Charcoal Grey Berry Mauve W Buckskin Mocha Carmel Salsa Red Coca Milk Western Wheat Hunter Green R Sage Green Rosewood Malibu Taupe Java Brown Raven Black Nuss Brown Evergreen (Sage green, hunter and evergreen colors are not available in colored through concrete.) Rock Color Options: ❑ Basalt ❑ Mountain Blend ❑ Natural Grey ❑ Romana Roof Texture Options: ❑✓ Cedar Shake ❑ Ribbed Metal Wall Texture Options: (For single texture mark an X or for different top and bottom textures use T = Top / B = Bottom.) Barnwood Horizontal Lap Napa Valley Rock l Split Face Block X Board &Batt River Rock 1 Can only be used Stucco/Ski Trowel 1 as bottom texture. p Brick Field Stone (Textures not included in CXT's quote are additional cost.) Door Opener Options: ❑ Non -locking ADA Handle ❑ Pull Handle/Push Plate ❑ Privacy ADA Latch ❑✓ Pull Handle/Push Plate w/Slide Lock Deadbolt Options: ❑✓ CXT Supplied ❑ Customer Supplied: Type & Part Number Accessible Signage Options: ❑✓ Men ❑✓ Women ❑✓ Unisex Paper Holder Options: ❑✓ 2-Roll Stainless Steel ❑ 3-Roll Stainless Steel Notes: Custom Options included --SS Steel fixtures all 3 restrooms, 3 Hand Dryers, 30 Gal HW heater, 3 Skylights--1 in each restroom, 3 Paper Towel Disp, 3 Wastebaskets L Foster CXT° Products L.B. Foster Brands L.B. Foster® (NASDAQ: FSTR) operates individual business units that specialize in energy, transportation, and construction infrastructure products and services. These groups manage worldwide customer support from manufacturing, distribution, and sales facilities located in the United States, Canada, and the United Kingdom. Parent Brand: LBFoster Established in 1902, L.B. Foster Company is a U.S. headquartered company specializing in worldwide transportation and energy infrastructure industries. L.B. Foster provides a unique combination of capabilities and solutions to meet the challenges that matter most to our customers. Our innovative technology and new product offerings are defining L.B. Foster as the solutions leader in rail, energy and construction markets. L.B. Foster uses a mix of brand architecture solutions to build and protect its diverse businesses. The Company operates its worldwide businesses under the corporate brand, L.B. Foster, as well as through several standalone brands, and brands endorsed by its corporate brand. Stand Alone Brands: CXT® Incorporated, a wholly owned subsidiary of L.B. Foster Company, manufacturers concrete ties for freight and passenger railroads and industrial companies, and concrete restrooms, concession stands, and other protective storage buildings for national, state, and municipal parks. The products are manufactured in ISO 9001: 2015 registered facilities in Spokane, WA and Hillsboro, TX, as well as through our wholly owned subsidiary, Carr Concrete in Waverly, WV. Sincerely, Robert C. Veals, Jr. Sales Manager, South Central Region CXT, Incorporated