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HomeMy WebLinkAboutResolution - 2022-R0524 - Five Purchase Orders with CXT - parks 12.13.22Resolution No. 2022-RO524 Item No. 5.23 December 13, 2022 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, five (5) Purchase Orders, as per Sourcewell Contract 081721- CXT, for restroom installation at Clapp Park, Higginbotham Park, Mackenzie Park, Maxey Park, and Aztlan Park, by and between the City of Lubbock and CXT, Inc. of Dallas, Texas, and related documents. Said Purchase Orders are 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 ATTEST: Reb ca Garza, City Secre APPROVED AS TO CONTENT: Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: RESTOs for 5 restrooms at parks-CXT, Inc. 12.7.22 December 13, 2022 V'�i� T A E, MAYOR City of Lubbock PURCHASE ORDER TEXAS TO: CXT, INC. POBOX676208 DALLAS, TX 75267- 6208 Page - 1 of 2 Date - 11/28/2022 Order Number 10025966 000 OP Branch/Plant 5223 SHIP TO: CITY OF LUBBOCK - CENTRAL SHOP 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAVABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: 4f Marta Alvarez, Di for of Purchasing & Contract Management Ordered 12/13/2022 Freight Requested 3/13/2023 Taken By K MORGAN Delivery PER K ROBINSON REQ 59581 SOURCEWELL CONTRACT 081721-CXT If you have any questions, please contact Kalee Robinson at 806-775-2672 or via email at krobinson@mylubbock.us Description. Supplier Item Restroom Install for Clapp Park Stainless Steel Water Closet Stainless Steel Lavatory Electric Hand Dryer Skylight In Restroom Fiberglass Doors and Frame Timed Electric Lock System Frostproof Hose Bib With Box Final Connection to Utilities Xtra Crane Costs Engineering And State Fees Cortez 10' 3" x 17' Estimated Transportation Ordered 2.000 2.000 2.000 2.000 3.000 2.000 1.000 1.000 1.000 1.000 1.000 1.000 Unit Cost UM Extension Request Date 1,500.0000 EA 1,100.0000 EA 700.0000 EA 950.0000 EA 1,000.0000 EA 600.0000 EA 500.0000 EA 3,500.0000 EA 5,800.0000 EA 3,500.0000 EA 53,955.0000 EA 5,540.0000 EA Total Order 3,000.00 12/13/2022 2,200.00 12/13/2022 1,400.00 12/13/2022 1,900.00 12/13/2022 3,000.00 12/13/2022 1,200.00 12/13/2022 500.00 12/13/2022 3,500.00 12/13/2022 5,800.00 12/13/2022 3,500.00 12/13/2022 53,955.00 12/13/2022 5,540.00 12/13/2022 Terms NET 30 85,495.00 2 of 2 of Lubbock TEXAS PURCHASE ORDER TO: CXT, INC. POBOX676208 DALLAS, TX 75267-6208 Page - Date - 11''28/2022 Order Number 10025966 000 OP Branch/Plant SHIP TO: CITY OF LUBBOCK - CENTRAL SHOP 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 �,v LUBBOCK, TX 79457 BY: Marta Alvarez. DiredNm of Purchasing & Contract Management Ordered 12/13/2022 Freight Requested 3/13/2023 Taken By Delivery PER K ROBINSON REQ 59581 INSURANCE REQUIRED: K MORGAN SOURCEWELL CONTRACT 081721-CXT Commercial General Liability: $1,000,000 occurrence $2,000,000 aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Workers Compensation and Emolover Liability: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1,000,000) is required with Workers Compensation. Commercial General Liability to include Products — Additional Policies: Completion/OP, Personal and Advertising Injury, Contractual Commercial General Liability Heavy Equipment Liability, Fire Damage (any one fire), and Medical Expenses Endorsement: Heavy equipment endorsement is required (any one person). Professional Liability Requirements: $1,000,000 Automotive Liability: occurrence $2,000,000 aggregate Combined Single limit for Any Auto - $1,000,000` occurrence as needed. *The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. *Waivers of Subrogation are required for CGL, AL, and WC. *To Include Products of Completed Operations endorsement. *Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment. *Carriers must meet an A.M. Best rating of A- or better. *Subcontractors must carry same limits as listed above. This purchase order encumbers funds in the amount of $85,495.00 awarded to CXT, Inc. of Dallas, TX, on December 13 , 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated November 28, 2022, from CXT, Inc. of Dallas, TX, and Sourcewell Contract #081721-CXT. Resolution # 2022-RO524 CITY ' CK: Tray ayne, yor ATTEST: Re ec a Garza, City Secretary 5223 Rev. 3/2022 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS ACCEPTANCE OF THIS PURCHASE ORDER: CONTRACTOR ACKNOWLEDGES. by suoolvingany Goods or Services that the Contractor has read, fully understands. and will be in full comoliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terns and conditions provided by the Contractor unless agreed upon in writine by the parties. In the event of conflict between the Cnv's terms 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 conflictine reins shall be of no force or effect. I. SELLER TO 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 I 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 ofdelivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER Every tender of delivery of goods must fully comply with all provisions ofthis contract as to time ofdelivery, quality and the like. Ifa 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 contact 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. 0. 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 Seller, 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 Seller, 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 Seller 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 warrants 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 under 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 canal this contract without liability to Seller for breach or Sellers actual expense. IT. The Seller warrants that no person or selling agency has been employed or rained 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 vacation 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 furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, ifany. 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 -fine perfomuanceand fault -free result mthe 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- Seller 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 Contact 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 par 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 of goods 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 Seller issued on the grounds of infringement of the like. 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 of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller 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 terminate 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 are 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 terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy Such right of eancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity 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 nor 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 parry 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 conformitywith 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 parry. 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 par of his bid, is intended by the parties as a final expression of them agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term 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. Wherever 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 fora on the date of this agreement. 21. RIGHT TO ASSURANCE. Whenever one parry to this contract in good faith has reason to question the other parry'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 party 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 Contact 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 Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of inured in connection therewith, and, if anyjudgment shall be rendered against the Buyer in any such action, the Seller 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 contact, and failure by contact 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, contact, 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 authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractors 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. The Contractor shall not assign or sublet the contract, or any portion of the contact, without written consent from the Director of Purchasing and Contact Management. 28. Contacts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contact with a vendor that is identified by The Comptroller as a company known to have contacts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 29. Texas Government Code. Section 2252.908 requires a business entity entering into certain contacts with a governmental entity or state agency to file with the governmental entity or sate 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: Into. www.ci.lubbock.tx.us/det)ammntal- 30. vrnder-i_nfo +�+matio n 30. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contact resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 3 L No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott Energy Companies and will not boycott Energy Companies during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 32. No Boycott of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas Goverment Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association during the term of the contact resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 33. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Goverment Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contacts with or provide supplies or service with Ian, Sudan or a foreign terrorist organization 34. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter J, Chapter 552. Government Code, may apply to this contact and the contractor or vendor agrees that the contact can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. 35. Pursuant to Section 552.301(c) of the Texas Govemment Code, the City of Lubbock has designated the following email address for which public information requests may be made by an entailed request: ornu Mlubbock.us. Pkase send this request to this email address for it to be processed 15. TERMINATION. The performance of work under this order may be terminated in whole, or in par by the Buyer REV.32022 & oz CXT' 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 Concrete Products, 606 N. Pines Road, Suite 202, Spokane Valley, WA 99206 2.ORDERING PROCEDURES: Fax 509-928-8270 3. PAYMENT ADDRESS(ES): Remitting by check: CXT, Inc., PO Box 676208, Dallas, TX 75267-6208 Remitting by ACH or wire transfer: Beneficiary: CXT, Inc. Beneficiary Bank: PNC Bank, Pittsburgh, PA Account:1077766885 ABA/Routing:043000096 Email remittance details to AR@ibfoster.com 4. WARRANTY PROVISIONS: CXT provides a one (1) year warranty. The warranty is valid onlywhen 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 httpJlwww,cxtinc.com. In the event delivery of the buildings 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 1-1/2% 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. Interest at a rate equal to the lower of (i) the highest rate permitted by law; or (11)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 attorneyfees. 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, AMT, ND, NV,OR, SD, 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. Rev. 0511112022 Cortez with chase restroom building. Standard features include i simulated barnwood texture walls, simulated cedar shake ! r - t textured roof, vitreous china fixtures, interior and exterior lights, off loaded and set up at site. Cortez 10' 3n x 17' *Base Price $ 53,955.00 Restroom* $53,955 W. = $0.00 Shower" $65,250 Qty = $0.00 Family Assist Shower/Restroom Combo* $62,965 City: _ $0.00 Storage $49,950 Qty: _ $0.00 Concession* $62,550 Qty: = $0.00- Includes +gallon water heater. ,,Added Cost Options: Final Connection to Utilities Optional Wall Texture -chops . © Split Face Block($4,000) (Per section) Optional Roof Texture e..xo- [IDelta Rib Insulation / Heaters Stainless Steel Water Closet (each) Stainless Steel Lavatory (each) Electric Hand Dryer (each) Electronic Flush Valves (each) Electronic Lavatory Faucets (each) Exterior Mounted ADA Drinking Fountain (each) Optional Door Closure (each) Skylight in Restroom (each) Marine Grade Skylight in Restroom (each) Marine Package for Extra Corrosion Resistance (per section) Fiberglass Entry and Chase Doors and Frames Tile Floor in Restroom (per section) 2K Anti -Graffiti Coating (per section) Timed Electric Lock System (2 doors - does not include chase door) Exterior Frostproof Hose Bib with Box (each) Paper Towel Dispenser (each) Toilet Seat Cover Dispenser (each) Sanitary Napkin Disposal (each) Baby Changing Station (each) CXT Wastebasket (each) Custom Options: Xtra Crane Costs-8 hr min / Fuel Surcharge 0.00 3,500.00 0.00 0.00 0.00 3,000.00 2,200.00 1,400.00 0.00 0.00 0.00 0.00 1,900.00 0.00 0.00 3,000.00 0.00 0.00 1,200.00 500.00 0.00 0.00 0.00 0.00 0.00 16,700.00 S 5,800.00 Engineering and State Fees: S 3,500.00 Estimated One -Way Transportation Costs to Site (quote): $ 5,540.00 Estimated Tax: S Total Cost per Unit Placed at Job Site: 1 $ 85,495.00 I Estimated monthly payment on 5 year lease $1,718.45 Disclaimer: Please call to confirm selected sections are compatible. This price quote is good for 60 days from date below, and is accurate I accept this quote. Please process this order. and complete. Member Name & Number CXT Sales Representative ® Customer Date Date Total Optional Sections $ 3,500.00 0 Q Struck Trowel ($4,000) O Stone($5,000) Reset Wail Texture S 4,000.00 $ 19,500.00 ❑ City: 2 $ 1,500.00 Qty: 2 $ 1,100.00 m W. 2 $ 700.00 Qty: $ 750.00 ❑ Qty: $ 750.00 ❑ City: $ 4,500.00 ❑ Qty: $ 450.00 ❑ Qty: 2 $ 950.00 City: $ 2,450.00 ❑ $ 2,450.00 ❑ Qty: 3 $ 1,000.00 $ 4,500.00 ❑ $ 3,500.00 ❑ Qty: 2 $ 600.00 city: 1 $ 500.00 m Qty: $ 200.00 ❑ W. S 100.00 ❑ City: $ 75.00 ❑ W. $ 675.00 ❑ Qty. $ 150.00 ❑ Total Cost of Selected Accessories from Accessories Price List: $ Exterior Color Options (For single color mark an X. For two-tone combinations use W = Walls and 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 Caramel Salsa Red Coca Milk Western Wheat Hunter Green Sage Green Rosewood Malibu Taupe Java Brown Raven Black Nuss Brown R Evergreen Rock Color Options Basalt 0 Mountain Blend Natural Grey Romana Roof Texture Options 171 Cedar Shake Ribbed Metal Wall Texture Options (For single color mark an X. For top and bottom textures use T = Top and B = Bottom.) used as bottom texture Barnwood Horizontal Lap ' Split Face Block X Board & Batt Napa Valley Rock River Rock Stucco/SkipTrowel Brick Flagstone (Textures not included in CXT's quote are additional cost.) Door Opener Options Non -locking ADA Handle Deadbolt Option 0 CXT supplied Accessible Signage Options 0 Men Toilet Paper Holder Options 2-Roll Stainless Steel Notes: Clapp Park. W1 Privacy ADA Latch 0 Women 7 3-Roll Stainless Steel Pull Handle/Push Plate Unisex cxtinc.com 800.696.5766 07 NO W1 4� Lubbock PURCHASE ORDER TEXAS TO: CXT, INC. PO BOX 676208 DALLAS, TX 75267- 6208 Page - 1 of 2 Date - I1/28/2022 Order Number 10025967 000 OP Branch/Plant SHIP TO: CITY OF LUBBOCK - CENTRAL SHOP 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alvarez, Direct&pf Purchasing & Contract Management Ordered 12/13/2022 Freight Requested 3/13/2023 Taken By K MORGAN Delivery PER K ROBINSON REQ 59583 SOURCEWELL CONTRACT 081721-CXT Ifyou have any questions, please contact Kalee Robinson at 806-775-2672 or via email at krobinson mylubbock.us Description/Supplier Item Restroom Install for Higginbotham Park Cortez 10' 3" x 17' Final Connection To Utilities Stainless Steel Water Closet Stainless Steel Lavatory Electric Hand Dryer Fiberglass Doors and Frames Timed Electric Lock System Frostproof Hose Bid With Box Xtra Crane Costs Engineering and State Fees Estimated Transportation Skylight in Restroom Ordered 1.000 1.000 2.000 2.000 2.000 3.000 2.000 1.000 1.000 1.000 1.000 2.000 Unit Cost UNI Extension Request Date 53,955.0000 EA 3,500.0000 EA 1,500.0000 EA 1,100.0000 EA 700.0000 EA 1,000.0000 EA 600.0000 EA 500.0000 EA 5,800.0000 EA 3,500.0000 EA 5,540.0000 EA 950.0000 EA Total Order 53,955.00 12/13/2022 3,500.00 12/13/2022 3,000.00 12/13/2022 2,200.00 12/13/2022 1,400.00 12/13/2022 3,000.00 12/13/2022 1,200.00 12/13/2022 500.00 12/13/2022 5,800.00 12/13/2022 3,500.00 12/13/2022 5,540.00 12/13/2022 1,900.00 12/13/2022 Terms NET 30 85,495.00 5223 Page - 2 of 2 City of Date - 11128'2022 LubbockPURCHASE ORDER TEXAS Order Number 10025967 000 OP Branch/Plant 5223 TO: CXT, INC. PO BOX 676208 DALLAS, TX 75267-6208 SHIP TO: CITY OF LUBBOCK - CENTRAL 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: �Iw Marta Alvarez, Daec of Purchasing & Contract Management Ordered 12/13/2022 Requested 3/13/2023 Freight Taken By Delivery PER K ROBINSON REQ 59583 INSURANCE REQUIRED: K MORGAN SOURCEWELL CONTRACT 081721-CXT Commercial General Liability: $1,000,000 occurrence $2,000,000 aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Workers Comuensation and Emulover Liability: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1,000,000) is required with Workers Compensation. Commercial General Liability to include Products — Additional Policies: Completion/OP, Personal and Advertising Injury, Contractual Commercial General Liability Heavy Equipment Liability, Fire Damage (any one fire), and Medical Expenses Endorsement: Heavy equipment endorsement is required (any one person). Professional Liability Requirements: $1,000,000 Automotive Liability: occurrence $2,000,000 aggregate Combined Single limit for Any Auto - $1,000,000:- occurrence as *The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. *Waivers of Subrogation are required for CGL, AL, and WC. *To Include Products of Completed Operations endorsement. *Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment. *Carriers must meet an A.M. Best rating of A- or better. *Subcontractors/must carry same limits as listed above. This purchase/ order encumbers funds in the amount of $85,495.00 awarded to CXT, Inc. of Dallas, TX, on December 13 , 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated November 28, 2022, from CXT, Inc. of Dallas, TX, and Sourcewell Contract #081721-CXT. Resolution # 2022-RO524 CITY BOCK: T �ynea ATTEST: �1 Rebec a Garza, City Secretary Rev. 3/2022 Seller and Buyer agree as follows: ACCEPTANCE OF THIS PURCHASE ORDER CONTRACTOR ACKNOWLEDGES. by surn PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS the Contractor unless agreed upon in writing by the parties In the event of conflict between the City's terms 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 tens shall be of no force or effect. 1. SELLER TO 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, a 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 ofthis contract as to time ofdelivery, quality and the like. Ifa 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 I I 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 Seller, 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 Seller, to any offiar 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 Seller 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 warrants to be no higher than Seller's current process on orders by others far products of the kind and specification covered by this agreement far similar quantities under similar of like conditions and methods ofpurchase. 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 far 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 tender this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will confarn to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(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 performance 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- Seller 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 par 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 of goods 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 Seller is sued on the grounds of infringement of the like. 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 of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller 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 terminate 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 are 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 Seller 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 in accordance with this provision. Temiination 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 terns 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 conformity with 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 far 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 terns 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. Wherever the term " Unifamr 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 Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all 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 Seller 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 farms of relief in a court of competent jurisdiction Further, the City shall not be subject to any arbitration process prior to exercising is 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 authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractors 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 ofsuch 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. 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. 28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 29. 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 Forst 1295 are available at: turn: www.ci.lubback.tx.us/departmental- wa0m4t29r1M1nJs eurctasin, vendor -information 30. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 31. No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott Energy Companies and will not boycott Energy Companies during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 32. No Boycott of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it mats an exemption criteria under Section 2274.002; or (ii) it does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 33. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller its a company known to have contracts with or provide supplies or service with Iran. Sudan or a foreign terrorist organization 34. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter 1, 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. 35 Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following email address far which public information requests may be made by an emailed request: owarn�jukWd. Please send this request to this email address for it to be processed 15. TERMINATION. The performance of work under this order may be terminated in whole, or in par by the Buyer REV. 3/2022 r'A CXT' 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 Concrete Products, 606 N. Pines Road, Suite 202, Spokane Valley, WA 99206 2.ORDERING PROCEDURES: Fax 509-928-8270 3. PAYMENT ADDRESS(ES): Remitting by check: CXT, Inc., PO Box 676208, Dallas, TX 75267-6208 Remitting by ACH or wire transfer: Beneficiary: CXT, Inc. Beneficiary Bank: PNC Bank, Pittsburgh, PA Account:1077766885 ABA/Routing:043000096 Email remittance details to AR@ibfoster.com 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 C! � 4aa•721.-r' 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 cxtinc.com. 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 1-1/2% 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 Interest at a rate equal to the lower of (1) the highest rate permitted by law; or (11)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 attorneyfees. 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, AMT, ND, NV,DR. SD, 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, N1, 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. Rev. 0511112022 +� rr: 1 Rt [ • - 1 Optional Sections: Restroom- $53,955 Qty: = $0.00 Cortez with chase restroom building. Standard features include f simulated barnwood texture walls, simulated cedar shake - I textured roof, vitreous china fixtures, interior and exterior lights, off loaded and set up at site. *Base Price $ 53,955.00 Shower" $65,250 W. = $0.00 Family Assist Shower/Restroom Combo* $62,955 W. = $0.00 Storage $49,950 Qty. = $0.00 Concession* $62,550 Qty: _ $0.00 "Includes 4-gallon water heater. Final Connection to Utilities Optional Wall Texture dmseone O Split Face Block($4,000) (per Optional Roof Texture <hoofeone ❑ Delta Rib sexton) Insulation / Heaters Stainless Steel Water Closet (each) Stainless Steel Lavatory (each) Electric Hand Dryer (each) Electronic Flush Valves (each) Electronic Lavatory Faucets (each) Exterior Mounted ADA Drinking Fountain (each) Total Optional Sections $ 3,500.00 O Struck Trowel ($4,000) O Stone($5,000) Reset Wall Texture Optional Door Closure (each) Skylight in Restroom (each) Marine Grade Skylight in Restroom (each) Marine Package for Extra Corrosion Resistance (per section) Fiberglass Entry and Ouse Doors and Frames Tile Floor in Restroom (per section) 2K Anti -Graffiti Coating (per section) Timed Electric Lock System (2 doors - does not include chase door) Exterior Frostproof Hose Bib with Box (each) Paper Towel Dispenser (each) Toilet Seat Cover Dispenser (each) Sanitary Napkin Disposal (each) Baby Changing Station (each) CXT Wastebasket (each) 0.00 3,500.00 0.00 0.00 0.00 3,000.00 2.200.00 1,400.00 0.00 0.00 0.00 0.00 1,900.00 0.00 0.00 3,000.00 0.00 0.00 1,200.00 500.00 0.00 0.00 0.00 0.00 0.00 16,700.00 Custom Options: Xtra Crane Costs--8 hr min / Fuel Surcharge $ 5,800.00 Engineering and State Fees: $ 3,500.00 Estimated One -Way Transportation costs to Site (quote): $ 5,540.00 Estimated Tax: $ Total Cost per Unit Placed at Job Site: ' $ 85,495.00 I Estimated monthly payment on 5 year lease $1,718.45 Disclaimer. Please call to confirm selected sections are compatible. This price quote is good for 60 days from date below, and is accurate I accept this quote. Please process this order and complete. Member Name i & Number CXT Sales Representative Customer 4®I Date Date S 4,000.00 $ 19,500.00 ❑ Qty: 2 $ 1,500.00 Qty 2 $ 1,100.00 m Qty: 2 $ 700.00 Qty: $ 750.00 ❑ Qty: $ 750.00 ❑ Qty: $ 4,500.00 ❑ Qty: $ 450.00 ❑ Qty- 2 $ 950.00 Qty $ 2,450.00 ❑ $ 2,450.00 ❑ Qty: 3 $ 1,000.00 $ 4,500.00 ❑ $ 3,500.00 ❑ Qty: 2 $ 600.00 Qty 1 S 500.00 Qrr- $ 200.00 ❑ Qty $ 100.00 ❑ Qty. $ 75.00 ❑ Qty: $ 675.00 ❑ Qty- $ 150.00 ❑ Total Cost of Selected Accessories from Accessories Price List: $ Exterior Color Options (Forsingle color mark an X. For two-tone combinations use W = Walls and R = Roof.) Amber Rose Liberty Tan Berry Mauve Sage Green Toasted Almond Oatmeal Buff W Buckskin Rosewood Sun Bronze Golden Beige Mocha Caramel Malibu Taupe Sand Beige Natural Honey Salsa Red Java Brown Pueblo Gold Cappuccino Cream Coca Milk Raven Black Granite Rock Georgia Brick Western Wheat Nuss Brown Rich Earth Charcoal Grey Hunter Green R Evergreen Special roof color # Special wall color # Special trim color # Rock Color Options Basalt a Mountain Blend ❑ Natural Grey Romana Roof Texture Options 1 Cedar Shake FIRibbed Metal Wall Texture Options (For single color mark an X. For top and bottom textures use T = Top and B = Bottom.) Barnwood Horizontal Lap Can only be used as botto. Split Face Block X Board & Batt Napa Valley Rock Stucco/Skip Trowel Brick Flagstone (Textures not included in Urs quote are additional cost.) Door Opener Options ❑ Non -locking ADA Handle Deadbolt Option ✓❑ CXT supplied Accessible Signage Options Pir Men Toilet Paper Holder Options ❑ 2-Roll Stainless Steel 7 Privacy ADA Latch ❑✓ Women ❑✓ 3-Roll Stainless Steel Pull Handle/Push Plate Unisex River Rock Notes: Higinbotham Park. cxtinc.com 800.696.5766 1ko� City of Lubbock TEXAS PURCHASE ORDER TO: CXT, INC. PO BOX 676208 DALLAS, TX 75267- 6208 Page - 1 of 2 Date - 11 /28/2022 Order Number 10025968 000 OP Branch/Plant 5223 SHIP TO: CITY OF LUBBOCK - CENTRAL SHOP 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alvarez, Direct1w of Purchasing & Contract Management Ordered 12/13/2022 Freight Requested 3/13/2023 Taken By K MORGAN Delivery PER K ROBINSON REQ 59584 SOURCEWELL CONTRACT 081721-CXT Ifyou have any questions, please contact Kalee Robinson at 806-775-2672 or via email at kobinson al mylubbockus Descriptiow Supplier Item Restroom Install for Mackenzie Park Estimated Transportation Cortez 10' 3" x 17' Final Connection To Utilities Stainless Steel Water Closet Stainless Steel Lavatory Electric Hand Dryer Skylight In Restroom Fiberglass Doors and Frames Timed Electric Lock System Frostproof Hose Bib With Box Xtra Crane Costs Engineering And State Fees Ordered 1.000 1.000 1.000 2.000 2.000 2.000 2.000 3.000 2.000 1.000 1.000 1.000 Unit Cost UM Extension Request Date 5,540.0000 EA 53,955.0000 EA 3,500.0000 EA 1,500.0000 EA 1,100.0000 EA 700.0000 EA 950.0000 EA 1,000.0000 EA 600.0000 EA 500.0000 EA 5,800.0000 EA 3,500.0000 EA Total Order 5,540.00 12/13/2022 53,955.00 12/13/2022 3,500.00 12/13/2022 3,000.00 12/13/2022 2,200.00 12/13/2022 1,400.00 12/13/2022 1,900.00 12/13/2022 3,000.00 12/13/2022 1,200.00 12/13/2022 500.00 12/13/2022 5,800.00 12/13/2022 3,500.00 12/13/2022 Terms NET 30 85.495.00 401 City of Lubbock TEXAS PURCHASE ORDER TO: CXT, INC. PO BOX 676208 DALLAS, TX 75267- 6208 Page - 2 of 2 Date - 11/28/2022 Order Number 10025968 000 OP Branch/Plant 5223 SHIP TO: CITY OF LUBBOCK - CENTRAL SHOP 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY. Marta Alvarez, Director ' Purchasing & Contract Management Ordered 12/13/2022 Requested 3/13/2023 Freight Taken By Delivery PER K ROBINSON REQ 59584 INSURANCE REQUIRED: K MORGAN SOURCEWELL CONTRACT 081721-CXT Commercial General Liability: $1,000,000 occurrencei $2,000,000 aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Workers Compensation and EmOover Liability: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1,000,000) is required with Workers Compensation. Commercial General Liability to include Products — Additional Policies: Completion/OP, Personal and Advertising Injury, Contractual Commercial General Liability Heavy Equipment Liability, Fire Damage (any one fire), and Medical Expenses Endorsement: Heavy equipment endorsement is required (any one person). Professional Liability Requirements: $1,000,000 Automotive Liability: occurrence $2,000,000 aggregate Combined Single limit for Any Auto - $1,000,000:' occurrence as needed. *The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. *Waivers of Subrogation are required for CGL, AL, and WC. *To Include Products of Completed Operations endorsement. *Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment. *Carriers must meet an A.M. Best rating of A- or better. *Subcontractors must carry same limits as listed above. This purchase order encumbers funds in the amount of $85,495.00 awarded to CXT, Inc. of Dallas, TX, on December 13 , 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated November 28, 2022, from CXT, Inc. of Dallas, TX, and Sourcewell Contract #081721-CXT. Resolution # 2022-RO524 CI OCK: T'1111ay1 Nfia&r AT ST: Rebeccf Garza, City Secretary Rev. 3/2022 Seller and Buyer agree as follows: ACCEPTANCE OF THIS PURCHASE ORDER CONTRACTOR ACKNOWLEDGES. by sure understands. and will be in full compliance with t PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS the Contractor unless agreed upon in writing by the parties. In the event of conflict between the City's terms 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 conflictine terms shall be of no force or effect. 1. SELLER TO 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 perlbrnance 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 I I 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 Seller, 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 Seller, 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 Seller 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 spectral 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 warrants 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 under 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 purposeof securing business. For breach of viciation 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 contact voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(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 performanceand fault -free result in the processing date and daterelateddata (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- Seller 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 of goods 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 Seller is sued on the grounds of infringement of the like. 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 of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller 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 terminate 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 are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days pnor 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 pan of the undelivered portion of this order of Seller breaches any of the terns hereof including warranties of Seller or if the Seller becomes insolvent or commis acts of bankruptcy Such right of cancellation is in addition to and rat to lieu of any other remedies which Buyer may have in law or equity 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 conformity with this paragraph. 18. WAIVER. No claim or right anstng out of a breach of this contract can be discharged in whole or in part by a watver 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 par 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 terns of their agreement. Whenever a term 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. Wherever 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 dematmd 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 party 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 Seller or is employers, or of the subSeller or assignee or is employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, ifany judgment shall be rendered against the Buyer in any such action, the Seller 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. 14. 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 tern of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at is expense and at reasonable times, reserves the right to audit Contractors 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. The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contact Management. 28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran. Sudan or a foreign terrorist organization 29. 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 sate 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: its]p_���:•;,s_!�iprhihla.fi•_i4ct7.1[ill1ClJIaL- wel ir�deparrmenis purehasina;'vendur-iribrmat ion 30. No Boycott of IsraeL Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the tern of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 31. No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott Energy Companies and will not boycott Energy Companies during the term of the contract resulting From this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 32. No Boycott of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association during the term of the contract resulting from this solicitation. Respondent shall sate any facts that make it exempt From the boycott certification in its Response. 33. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 34. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter 1, 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. 35 Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests may be made by an emailed request: rig±+ m3l10bQg_k.vs. Please send this request to this email address for it to be processed 15. TERMINATION. The perfor ance of work under this order may be terminated In whole, or in part by the Buyer REV. 3/2022 CXT° 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 Concrete Products, 606 N. Pines Road, Suite 20Z Spokane Valley, WA 99206 2.ORDERING PROCEDURES: Fax 509-928-8270 3. PAYMENT ADDRESS(ES): Remitting by check: CXT, Inc., PO Box 676208, Dallas, TX 75267-6208 Remitting by ACH or wire transfer: Beneficiary: CXT, Inc. Beneficiary Bank: PNC Bank, Pittsburgh, PA Account:1077766885 ABA/Routing:043000096 Email remittance details to AR@Ibfoster.com 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 httpJ/www.cxtinc.corm 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. Interest 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 ofany 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, SD, 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. Rev. 0511112022 I--= ;----- Cortez with chase restroom building. Standard features include simulated barnwood texture walls, simulated cedar shake LZ r textured roof, vitreous china fixtures, interior and exterior lights, off loaded and set up at site. Cortez 10' 3" x 17' Optional Sections: Restroom* $53,955 Qry = $0.00 Family Assist Shower/Restroom Combo* $62,965 Qty: _ $0.00 Concession" $62,550 Qty: = $0.00 "Includes 4-gallon water heater. Final Connection to Utilities Optional Wall Texture <n.oseone O Split Face Block($4,000) (per Optional Roof Texture 4..e.... ❑ Delta Rib section) Insulation / Heaters Stainless Steel Water Closet (each) Stainless Steel Lavatory (each) Electric Hand Dryer (each) Electronic Flush Valves (each) Electronic Lavatory Faucets (each) Exterior Mounted ADA Drinking Fountain (each) *Base Price $ 53,955.00 Shower" $65,250 W. = $0.00 Storage $49,95o Qty: = $0.00 Total Optional Sections $ 3,500.00 O Struck Trowel ($4,000) ©Stone($5,000) Reset Wall Texture Optional Door Closure (each) Skylight in Restroom (each) Marine Grade Skylight in Restroom (each) Marine Package for Extra Corrosion Resistance (per section) Fiberglass Entry and Ouse Doors and Frames Tile Floor in Restroom (per section) 2K Anti -Graffiti Coating (per section) Timed Electric Lock System (2 doors - does not include chase door) Exterior Frostproof Hose Bib with Box (each) Paper Towel Dispenser (each) Toilet Seat Cover Dispenser (each) Sanitary Napkin Disposal (each) Baby Changing Station (each) CXT Wastebasket (each) Custom Options: Xtra Crane Costs--8 hr min / Fuel Surcharge Estimated monthly payment on S year lease $1,718A5 This price quote is good for 60 days from date below, and is accurate I accept this quote. Please process this order. and complete. Member Name j & Number I CXT Sales Representative { Customer I Date) °'" ° " - Date $ 4,000.00 $ 19.500.00 ❑ Qty: 2 $ 1,500.00 m Qty: 2 $ 1,100.00 Qty: 2 $ 700.00 Qty: $ 750.00 ❑ Qty: $ 750.00 ❑ Qty: $ 4,500.00 ❑ Qty: $ 450.00 ❑ Qty: 2 $ 950.00 Qty: $ 2,450.00 ❑ $ 2,450.00 ❑ Qty 3 $ 1,000.00 S 4,500.00 ❑ $ 3,500.00 ❑ Qty: 2 $ 600.00 m Qty: 1 $ 500.00 Qty: $ 200.00 ❑ Qty: $ 100.00 ❑ Qty: $ 75.00 ❑ Qty: $ 675.00 ❑ W. $ 150.00 ❑ Total Cost of Selected Accessories from Accessories Price List: $ 0.00 3,500.00 0.00 0.00 0.00 3,000.00 2,200.00 1,400.00 0.00 0.00 0.00 0.00 1,900.00 0.00 0.00 3,000.00 0.00 0.00 1,200.00 500.00 0.00 0.00 0.00 0.00 0.00 16,700.00 $ 5,800.00 Engineering and State Fees: $ 3,500.00 Estimated One -Way Transportation Costs to Site (quote): $ 5,540.00 Estimated Tax: $ Total Cost per Unit Placed at Job Site: 1 $ 85,495.00 Disclaimer. Please call to confirm selected sections are compatible. Exterior Color Options (Forsingle color mark an X. For two-tone combinations use W = Walls and R = Roof.) Amber Rose Liberty Tan Berry Mauve Sage Green Toasted Almond Oatmeal Buff W Buckskin Rosewood Sun Bronze Golden Beige Mocha Caramel Malibu Taupe Sand Beige Natural Honey Salsa Red Java Brown Pueblo Gold Cappuccino Cream Coca Milk Raven Black Granite Rock Georgia Brick Western Wheat Nuss Brown Rich Earth Charcoal Grey Hunter Green R Evergreen Special roof color # Special wall color # Special trim color # Rock Color Options Basalt 0✓ Mountain Blend ❑ Natural Grey Romana Roof Texture Options R✓ Cedar Shake Ribbed Metal Wall Texture Options (For single color mark an X. for top and bottom textures use T = Top and B = Bottom.) Barnwood Horizontal Lap • ' used as bottom Split Face Block X Board & Batt Napa Valley Rock River Rock Stucco/Skip Trowel Brick Flagstone (Textures not included in CXT's quote are additional cost) Door Opener Options ❑ Non -locking ADA Handle Deadbolt Option F7 CXT supplied Accessible Signage Options 0✓ Men Toilet Paper Holder Options ❑ 2-Roll Stainless Steel Notes: Mackenzie Park. 7 Privacy ADA Latch 0✓ Women 7 3-Roll Stainless Steel Pull Handle/Push Plate ❑ Unisex cxtinc.com 800.696.5766 'I 'r City of Lubbock TEXAS PURCHASE ORDER TO: CXT, INC. PO BOX 676208 DALLAS, TX 75267- 6208 Page - Date - 1 of 2 11 /28/2022 Order Number 10025969 000 OP Branch/Plant SHIP TO: CITY OF LUBBOCK - CENTRAL SHOP 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: 4w Marta Alvarez, DirectorPurchasing & Contract Management Ordered 12/13/2022 Freight Requested 3/13/2023 Taken By K MORGAN Delivery PER K ROBINSON REQ 59585 SOURCEWELL CONTRACT 081721-CXT If you have any questions, please contact Kalee Robinson at 806-775-2672 or via email at krobinson@mylubbock.us Description/Supplier Item Restroom Install for Aztlan Park Dakota I F x 26' Final Connection To Utilities Stainless Steel Water Closet Stainless Steel Lavatory Stainless Steel Urinal Electric Hand Dryer Skylight In Restroom Fiberglass Doors And Frames Timed Electric Lock System Frostproof Hose Bib With Box Xtra Crane Costs Engineering And State Fees Estimated Transportation To Sit Ordered 1.000 1.000 3.000 2.000 1.000 2.000 2.000 4.000 2.000 1.000 1.000 I.000 1.000 Unit Cost UM Extension Request Date 89,955.0000 EA 3,500.0000 EA 1,500.0000 EA 1,100.0000 EA 1,400.0000 EA 700.0000 EA 950.0000 EA 1,000.0000 EA 600.0000 EA 500.0000 EA 6,950.0000 EA 3,500.0000 EA 9,450.0000 EA Total Order 89,955.00 12/13/2022 3,500.00 12/13/2022 4,500.00 12/13/2022 2,200.00 12/13/2022 1,400.00 12/13/2022 1,400.00 12/13/2022 1,900.00 12/13/2022 4,000.00 12/13/2022 1,200.00 12/13/2022 500.00 12/13/2022 6,950.00 12/13/2022 3,500.00 12/13/2022 9,450.00 12/13/2022 Terms NET 30 130,455.00 5223 Page - 2 of 2 City of Date - I 1 /28/2022 Lubbock PURCHASE ORDER TEXAS Order Number 10025969 000 OP if Branch/Plant 5223 TO: CXT, INC. PO BOX 676208 DALLAS, TX 75267- 6208 SHIP TO: CITY OF LUBBOCK - CENTRAL SHOP 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 �Iv LUBBOCK, TX 79457 BY: Marta Alvarez, Directo f Purchasing & Contract Management Ordered 12/13/2022 Freight Requested 3/13/2023 Taken By Delivery PER K ROBINSON REQ 59585 INSURANCE REQUIRED: K MORGAN SOURCEWELL CONTRACT 081721-CXT Commercial General Liability: $1,000,000 occurrence.' $2,000,000 aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Workers Compensation and EmDlover Liability: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1,000,000) is required with Workers Compensation. Commercial General Liability to include Products — Additional Policies: Completion/OP, Personal and Advertising Injury, Contractual Commercial General Liability Heavy Equipment Liability, Fire Damage (any one fire), and Medical Expenses Endorsement: Heavy equipment endorsement is required (any one person). Professional Liability Requirements: $1,000,000 Automotive Liability: occurrence.' $2,000,000 aggregate Combined Single limit for Any Auto - $1,000,000: occurrence as *The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. *Waivers of Subrogation are required for CGL, AL, and WC. *To Include Products of Completed Operations endorsement. *Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment. *Carriers must meet an A.M. Best rating of A- or better. *Subcontractors must carry same limits as listed above. This purchase order encumbers funds in the amount of $130,455.00 awarded to CXT, Inc. of Dallas, TX, on December 13 , 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated November 28, 2022, from CXT, Inc. of Dallas, TX, and Sourcewell Contract #081721-CXT. Resolution # 2022-RO524 CITY OF B CK: ATTEST: Tray Pa e, ay Rebecc Garza, ity ecretary Rev. 3/2022 Seller and Buyer agree as follows: ACCEPTANCE OF THIS PURCHASE ORDER CONTRACTOR ACKNOWLEDGES. by slum PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS v the Contractor unless singed upon in writinrr by the carries In the event of conflict between the Crtv's tern¢ and conditions and any terns and conditions provided by the Contractor. the terns and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms arrived uoon by the parties. and any mior confiictinrr terns shall be of no force or effect. 1. SELLER TO 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 ofdelivery. 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 I I 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. 0. 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 Seller, 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 Seller, 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 Seller 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 warrants 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 under 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 ofsecuring 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 ofsuch 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 sample(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 perfarmanceandfault-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, is sub- Seller 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, is 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 rot 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 of goods 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 Seller is sued on the grounds of infringement of the like. 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 of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller 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 ranappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate 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 are 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 Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right ofcancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 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 terns 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 conformitywith 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 par 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 term 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. Wherever the tern "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. 2-L RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other party's intent to perforrn 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 party may treat this failure as an anticipatory repudiation of the contract. 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, is 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 cursed through negligence or omission of the Seller or its employees, or of the sub$eller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, arid, if any judgment shall be rendered against the Buyer in any such action, the Seller 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 form 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 fours 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 ofanyconflict 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 authorized 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. 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. 28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran. Sudan or a foreign terrorist organization 29. 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 stare 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: httm www.ci.lubbock.tx.us/departmental- 30. vendor-mlbrmation 30. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the tern of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 31. No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott Energy Companies and will not boycott Energy Companies during the tern of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 32. No Boycott of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas Government Code. Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 33. Contracts with Companies Engaged in Business with Iran. Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Govemment Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 34. 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. 35. Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests may be made by an entailed request Cr��± m 4 u_yy. Please send this request to this email address for it to be processed 15. TERMINATION. The performance of work under this order may be terminated in whole, or in par by the Buyer REV. 32022 CXT' 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. 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 hl=www.cxtinc.com. 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 1. ORDERING ADDRESS(ES): CXT Precast Concrete Products, 606 N. Pines delivery period, this increase will be added to the price originally quoted, Road, Suite 202, Spokane Valley, WA 99206 and will be subject to the contract payment terms. 2.ORDERING PROCEDURES: Fax 509-928-8270 3. PAYMENT ADDRESS(ES): Remitting by check: CXT, Inc., PO Box 676208, Dallas, TX 75267-6208 Remitting by ACH or wire transfer: Beneficiary: CXT, Inc. Beneficiary Bank PNC Bank, Pittsburgh, PA Account:1077766885 ABA/Routing:043000096 Email remittance details to AR@Ibfoster.com 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 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 1-1/2% 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. Interest 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 parry, 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, NO, 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. Rev. 0511112022 e Dakota with chase restroom building. Standard features include simulated barnwood texture walls, simulated cedar shake textured roof, vitreous china fixtures, 4-gallon water heater, interior and exterior lights, off loaded, and set up at site. Base Price 11s x 26s $ Price per 89,955.00 Click to 89,955.00 Final Connection to Utilities $ 3,500.00 ❑✓ 3,500.00 Optional Wall Texture �hooseone O Split Face Block ($4,000) O Struck Trowel ($4,000) Reset Wall Texture Optional Roof Texture aooseune []Delta Rib $ 4,000.00 0.00 Stainless Steel Water Closet (each) Qty: 3 $ 1,500.00 ❑✓ 4,500.00 Stainless Steel Lavatory (each) City: 2 $ 1,100.00 ❑✓ 2,200.00 Stainless Steel Urinal (each) Qty: 1 $ 1,400.00 ❑� 1,400.00 Electric Hand Dryer (each) W. 2 $ 700.00 ❑✓ 1,400.00 Electronic Flush Valves (each) Qty: 3 $ 750.00 ❑ 0.00 Electronic Lavatory Faucets (each) Qty- 2 $ 750.00 ❑ 0.00 Electronic Urinal Valve (each) Qty: 1 s 1,700.00 ❑ 0.00 Exterior Mounted ADA Drinking Fountain w/Cane Skirt Qty: 1 $ 4,500.00 ❑ 0.00 Optional Door Closure (each) Qty: 2 $ 450.00 ❑ 0.00 Skylight in Restroom (each) Qty: 2 $ 950.00 1,900.00 Marine Grade Skylight in Restroom (each) Qty: 2 S 2,450.00 ❑ 0.00 Marine Package for Extra Corrosion Resistance $ 3,300.00 ❑ 0.00 Tile Floor in Restroom S 6,000.00 ❑ 0.00 Fiberglass Entry and Chase Doors and Frames Qty. 4 $ 1,000.00 ❑✓ 4,000.00 2K Anti -Graffiti Coating $ 3,500.00 ❑ 0.00 Timed Electric Lock System (2 doors - does not include chase door) Qty: 2 $ 600.00 0 1,200.00 Exterior Frostproof Hose Bib with Box (each) qty: 1 $ 500.00 ❑ 500.00 PaperTowel Dispenser (each) Qty: 2 $ 200.00 ❑ 0.00 Toilet Seat Cover Dispenser (each) Qty: 3 $ 100.00 ❑ 0.00 San -nary Napkin Disposal (each) Qty: 2 $ 75.00 ❑ 0.00 Baby Changing Station (each) My. 2 $ 675.00 ❑ 0.00 CXT Wastebasket (each) Qty: 2 $ 150.00 ❑ 0.00 Custom Options: Xtra Crane Costs-8 hr min / Fuel Surcharge Estimated monthly payment on S year lease $2,622.15 Total Cost of Selected Accessories from Accessories Price List $ 5 Engineering and State Fees: $ Estimated One-WaY Transportation Costs to Site (Quote): $ Estimated Tax: $ Total Cost Per Unit Placed at Job Site: ( $ This price quote is good for 60 days from date below, and is accurate and complete. i CXT Sales Representative Date I accept this quote. Please process this order. 20,600.00 6,950.00 3,500.00 9,450.00 130,455.00 I Member Name & Number Customer Date Exterior Color Options (For single color mark an X. For two-tone combinations use W = Walls and 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 # Rock Color Options Basalt Roof Texture Options a Cedar Shake Liberty Tan Oatmeal Buff Golden Beige Natural Honey Cappuccino Cream Georgia Brick Charcoal Grey W1Mountain Blend 1-1 Ribbed Metal Berry Mauve W Buckskin Mocha Caramel Salsa Red Coca Milk Western Wheat Hunter Green Sage Green Rosewood Malibu Taupe Java Brown Raven Black Nuss Brown R Evergreen Natural Grey FIRomana Wall Texture Options (For single color mark an X. For top and bottom textures use T = Top and B = Bottom.) Barnwood Horizontal Lap Can only be used as bottom Split Face Block X Board & Batt Napa Valley Rock River Rock Stucco/Skip Trowel Brick Flagstone (Textures not included in CXT's quote are additional cost.) Door Opener Options Non -locking ADA Handle Deadbolt Option CXT supplied Accessible Signage Options PI Men Toilet Paper Holder Options 2-Roll Stainless Steel Notes: Aztlan Park. Privacy ADA Latch 0 Women 7 3-Roll Stainless Steel 0 Pull Handle/Push Plate Unisex cxtinc.com 800.696.5766 F� City of Lubbock TEXAS PURCHASE ORDER TO: CXT, INC. PO BOX 676208 DALLAS, TX 75267- 6208 Page - 1 of 2 Date - 11/28/2022 Order Number 10025970 000 OP Branch/Plant 5223 SHIP TO: CITY OF LUBBOCK - CENTRAL SHOP 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alvarez, Director XPurchasing & Contract Management Ordered 12/13/2022 Freight Requested 3/13/2023 Taken By K MORGAN Delivery PER K ROBINSON REQ 59586 SOURCEWELL CONTRACT 081721-CXT Ifyou have any questions, please contact Kalee Robinson at 806-775-2672 or via email at krobinson@mylubbock.us Description: Supplier Item Restroom Install for Maxey Park Dakota I I' x 26' Final Connection To Utilities Stainless Steel Water Closet Stainless Steel Lavatory Stainless Steel Urinal Electric Hand Dryer Skylight In Restroom Fiberglass Doors And Frames Timed Electric Lock System Frostproof Hose Bib With Box Xtra Crane Costs Engineering And State Fees Estimated Transportation Ordered 1.000 1.000 3.000 2.000 1.000 2.000 2.000 4.000 2.000 1.000 1.000 1.000 1.000 Unit Cost UM Extension Request Date 89,955.0000 EA 3,500.0000 EA 1,500.0000 EA 1,100.0000 EA 1,400.0000 EA 700.0000 EA 950.0000 EA 1,000.0000 EA 600.0000 EA 500.0000 EA 6,950.0000 EA 3,500.0000 EA 9,450.0000 EA Total Order 89,955.00 12/13/2022 3,500.00 12/13/2022 4,500.00 12/13/2022 2,200.00 12/13/2022 1,400.00 12/13/2022 1,400.00 12/13/2022 1,900.00 12/13/2022 4,000.00 12/13/2022 1,200.00 12/13/2022 500.00 12/13/2022 6,950.00 12/13/2022 3,500.00 12/13/2022 9,450.00 12/13/2022 Terms NET 30 130.455.00 City of Lubbock PURCHASE ORDER 17 TEXAS TO: CXT, INC. PO BOX 676208 DALLAS, TX 75267- 6208 Page - 2 of 2 Date - 11 /28/2022 Order Number 10025970 000 OP Branch/Plant 5223 SHIP TO: CITY OF LUBBOCK - CENTRAL SHOP 308 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 �V LUBBOCK, TX 79457 BY: Marta Alvarez, Director of rchasing &Contract Management Ordered 12/13/2022 Freight Requested 3/13/2023 Taken By K MORGAN Delivery PER K ROBINSON REQ 59586 SOURCEWELL CONTRACT 081721-CXT INSURANCE REQUIRED: Commercial General Liability: $1,000,000 occurrence,` $2,000,000 aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Workers Com[)ensation and Emnlover Liability: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer Liability ($1,000,000) is required with Workers Compensation. Commercial General Liability to include Products — Additional Policies: Completion/OP, Personal and Advertising Injury, Contractual Commercial General Liability Heavy Equipment Liability, Fire Damage (any one fire), and Medical Expenses Endorsement: Heavy equipment endorsement is required (any one person). Professional Liability Requirements: $1,000,000 Automotive Liability: occurrence! $2,000,000 aggregate Combined Single limit for Any Auto - $1,000,000; occurrence as *The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. *Waivers of Subrogation are required for CGL, AL, and WC. *To Include Products of Completed Operations endorsement. *Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment. *Carriers must meet an A.M. Best rating of A- or better. *Subcontractors must carry same limits as listed above. This purchase order encumbers funds in the amount of $130,455.00 awarded to CXT, Inc. of Dallas, TX, on December 13 , 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated November 28, 2022, from CXT, Inc. of Dallas, TX, and Sourcewell Contract #081721-CXT. Resolution # 2022-RO524 CIT BOCK: ATTEST: y P ayor Rebecc Garza, City Secretary Rev. 3/2022 Seller and Buyer agree as follows: ACCEPTANCE OF THIS PURCHASE ORDER: CONTRACTOR ACKNOWLEDGES. by suoniXing any Goods or Services that the understands, and will be in full compliance with all terms and conditions and the descrintiv PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS the Contractor unless agreed upon in writing by the oarties In the event of conflict between the City's terns and conditions and any toms and conditions provided by the Contractor, the terms and conditions provided herein shall omvail. The toms and conditions provided herein are the final terms agreed upon by the oarties. and any prior ronflictine tams shall be of no force or effect. I. SELLER TO 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 (it) 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 toss 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 I I 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. 0. 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 Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the forth of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, 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 Seller 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 warrants 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 under 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 furnished will conforn to the specification, drawings, and descriptions listed in the bid invitation and to the sample(s) furnished by the Seller, ifany. 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 perfomnanceand 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- Seller 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 arc not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's lability 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 par 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 of goods 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 Seller issued on the grounds of infringement of the like. 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 of this agreement If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer hamdew. If Seller 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 terminate the contract, without termination charge or other lability, 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 are 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 terms hereof including warranties of Seller 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. in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Nonce 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 conformitywith 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 is 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 terns of their agreement. Whenever a term 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. Wherever 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 rive (5) days, the demanding party 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 Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be tendered against the Buyer in any such action, the Seller 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 authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractors 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. 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. 28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 29. 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: k. websnes ftNimentspurtha- -.. gdQr-infermalion 30. No Boycott of Israet Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycom Ism] during the term of the contract resulting from this solicitation Respondent shall state any facts that make it exempt from the boycott certification in its Response. 31. No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it does not boycott Energy Companies and will not boycott Energy Companies during the tern of the contract resulting from this solicitation Respondent shall state any facts that make it exempt from the boycott certification in its Response. 32. No Boycott of a Firearm Entity or Firearm Trade Association. Pursuant to Section 2274 of the Texas Goverment Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274.002, or (ii) it does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Ftmarm Trade Association during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 33. Contracts with Companies Engaged in Business with Iran, Sudan or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran Sudan or a foreign tarorist organization 34. 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. 35. Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public inf intration requests may be made by an entailed request: m w-• i,.�Jn_y_¢i ¢y ,�. Please send this request to this email address for it to be processed 15. TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer REV. 3/2022 0M 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. ,.- ma•nu 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 httr: � www.cxtinc.com. 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 1. ORDERING ADDRESS(ES): CXT Precast Concrete Products, 606 N. Pines delivery period, this increase will be added to the price originally quoted, Road, Suite 202, Spokane Valley, WA 99206 and will be subject to the contract payment terms. 2.ORDERING PROCEDURES: Fax 509-928-8270 3. PAYMENT ADDRE55(ES): Remitting by check: CXT, Inc., PO Box 676208, Dallas, TX 75267-6208 Remitting by ACH or wire transfer: Beneficiary: CXT, Inc. Beneficiary Bank: PNC Bank, Pittsburgh, PA Account:1077766885 ABA/Routing:043000096 Email remittance details to AR@Ibfoster.com 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 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 1-1/z% 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. Interest at a rate equal to the lower of (i) the highest rate permitted by law; or (11)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 betaken. 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 attorneyfees. 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, SD,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. Rev. 0511112022 Dakota 11' x 26' .-. . •. eye Final Connection to Utilities Optional Wall Texture -Choose one © Split Face Block ($4,000) Optional Roof Texture Khoowone ❑ Delta Rib Stainless Steel Water Closet (each) Stainless Steel Lavatory (each) Stainless Steel Urinal (each) Electric Hand Dryer (each) Electronic Flush Valves (each) Electronic Lavatory Faucets (each) Electronic Urinal Valve (each) Exterior Mounted ADA Drinking Fountain w/Cane Skirt Optional Door Closure (each) Skylight in Restroom (each) Marine Grade Skylight in Restroom (each) Marine Package for Extra Corrosion Resistance Tile Floor in Restroom Fiberglass Entry and Chase Doors and Frames 2K Anti -Graffiti Coating Timed Electric Lock System (2 doors - does not include chase door Exterior Frostproof Hose Bib with Box (each) PaperTowel Dispenser (each) Toilet Seat Cover Dispenser (each) Sanitary Napkin Disposal (each) Baby Changing Station (each) CXT Wastebasket (each) Custom Options: Xtra Crane Costs-8 hr min / Fuel Surcharge Estimated monthly payment on 5 yearlease $2,622.15 Dakota with chase restroom building. _ Standard features include simulated barnwood texture walls, simulated cedar shake textured roof, vitreous china ' fixtures, 4-gallon water heater, interior and exterior lights, off loaded, and set up at site. W. $ rice nit 89,955.00 Click to select 89,955.00 $ 3.500.00 3,500.00 Struck Trowel ($4,000) $ 4,000.00 0.00 QtY: 3 $ 1,500.00 ❑✓ 4,500.00 Oty: 2 S 1,100.00 a 2,200.00 Qty: 1 $ 1,400.00 1,400.00 Qty: 2 $ 700.00 1,400.00 W. 3 S 750.00 ❑ 0.00 Qty. 2 S 750.00 ❑ 0.00 Qty: 1 $ 1,700.00 ❑ 0.00 Qty. 1 $ 4,500.00 ❑ 0.00 Qty: 2 $ 450.00 ❑ 0.00 Qty 2 $ 950.00 ❑,r 1,900.00 Qty: 2 S 2,450.00 ❑ 0.00 $ 3,300.00 ❑ 0.00 $ 6,000.00 ❑ 0.00 Qty: 4 $ 1,000.00 4,000.00 $ 3,500.00 ❑ 0.00 Qty: 2 $ 600.00 1,200.00 Qty: 1 S 500.00 0 500.00 Qty: 2 $ 200.00 ❑ 0.00 Qty: 3 $ 100.00 ❑ 0.00 Qty: 2 $ 75.00 ❑ 0.00 Qty: 2 S 675.00 ❑ 0.00 W. 2 $ 150.00 ❑ 0.00 Total Cost of Selected Accessories from Accessories Price List: $ 20,600.00 $ 6,950.00 Engineering and State Fees: $ 3,500.00 Estimated One -Way Transportation Costs to Site (Quote): $ 9,450.00 Estimated Tax: $ Total Cost Per Unit Placed at lob Site: I $ 130,455.00 1 This price quote is good for 60 days from date below, and is accurate I accept this quote. Please process this order. and complete. Member Name & Number CXT Sales Representative Customer Date Date Exterior Color Options (Forsingle color mark on X. For two-tone combinations use W = Walls and 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 # Rock Color Options Basalt Roof Texture Options 0 Cedar Shake Liberty Tan Oatmeal Buff Golden Beige Natural Honey Cappuccino Cream Georgia Brick Charcoal Grey 0 Mountain Blend Ribbed Metal Berry Mauve W Buckskin Mocha Caramel Salsa Red Coca Milk Western Wheat Hunter Green Sage Green Rosewood Malibu Taupe Java Brown Raven Black Nuss Brown R Evergreen Natural Grey Romana Wall Texture Options (For single color mark an X. For top and bottom textures use T = Top and B = Bottom.) Barnwood Horizontal Lap Can only ■ ' used as bottom Split Face Block X Board & Batt Napa Valley Rock River Rock Stucco/Skip Trowel Brick Flagstone (Textures not included in CXT's quote are additional cost.) Door Opener Options 1-1 Non -locking ADA Handle Deadbolt Option CXT supplied Accessible Signage Options Men Toilet Paper Holder Options 2-Roll Stainless Steel Notes: Maxey Park. Privacy ADA Latch 17 Women 0 3-Roll Stainless Steel Pull Handle/Push Plate Unisex cxtinc.com 800.696.5766