HomeMy WebLinkAboutResolution - 2023-R0612 - PO 10026982, 10026983, 10027001, CXT Inc., Clapp, Maxey And Rodgers Parks - 12/12/2023Resolution No. 2023-R0612
Item No. 5.27
December 12, 2023
12ESOLUTION
I'1' iZLSOLVLD 13Y "1'ITE CI"1'Y COUNCIL OF "1'IIL CI1'Y Ol� LUI3I30CK:
"1'I IA"1' thc Mayor of the City of Lubbock is hereby authorircd and dirccted to exccute for
on behalf of the City of I,ubbock, Purchase Orders 10026982, 10026983, and 10027001, in
�rdance with Sourcewell Contract 081721-CX"1', for Restroom Installs at Clapp, Maxey, and
gcrs Parks, by and bctween the City of Lubbock and CX"I' Incorporated, of I�allas, 1'cxas,
all rclatcd documcnts. Said Yurchasc Ordcrs arc attachcd hcrcto and incorporatcd in this
lution as if fully sct forth hcrcin and shall bc includcd in thc minutcs of thc City Council.
by thc City Council on ___ December 12, 2023__ __ __
"I�RAY 1'A 1?, MAYOR ----- -- - -
�rrrLs�r:
ourtncy Pa�, City Sccrctary
PROVI;D AS "1'O CON"1'I�N"1':
- -."_"i`C_v" �'�
�rookc Witchcr, Assistant City Managcr
1'1'ROV1;D nS '1'O 1�ORM:
� -- ---
l�ostcr, nssistant City Attorncy
cdocs IIIRIiS.PO 10026982, 10026983, 10027001 Sourccwcll 081721-CX'1' Inc.
2.4.23
�/r c��y of
Lubbock
TExas
PURCHASE ORDER
Page -
Date -
1
11 /28/2023
Order Number 10026982 000 OP
TO: CXT INCORPORATED
PO BOX 676208
DALLAS TX 75267
Branch/Plant
5223
SHIP TO: CITY OF LUBBOCK - CENTRAL S
308 MUNICIPAL DRIVE
LUBBOCK TX 79403
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Marta Alvarez, Direct of Purchasing & Contract Management
Ordered 11/28/2023 Freight
Requested 5/10/2024 Taken By YBUSBY
Delivery PER K ROBINSON REQ 61061 PUR 17770/SOURCEWELL CONTRACT 081721-CXT
If you have any questions contact Kaylee Robinson: KRobinson@mylubbock.us Phone 806-775-2672
Description/Supplier Item
Restroom Install for Clapp Park
Restroom
Stainless Steel Water Closet
Stainless Steel Lavatory
Electric Hand Dryer
Skylights
Fiberglass Entry And Chase
Timed Electric Lock System
Exterior Frostproof Hose Bib
Custom Options
Engineering And State Fees
Estimated One-Way
l .000
2.000
2.000
2.000
2.000
3.000
2.000
1.000
1.000
1.000
1.000
Unit Cost UM
65,718.0000 EA
1,750.0000 EA
1,500.0000 EA
700.0000 EA
1,600.0000 EA
3,300.0000 EA
1,350.0000 EA
l ,200.0000 EA
11,675.0000 EA
4,000.0000 EA
5,950.0000 EA
Extension Request Date
65,718.00 5/ l0/2024
3,500.00 5/10/2024
3,000.00 5/10/2024
l ,400.00 5/ l0/2024
3,200.00 5/ l0/2024
9,900.00 5/ l0/2024
2,700.00 5/ l0/2024
1,200.00 5/ l0/2024
11,675.00 5/l0/2024
4,000.00 5/ l0/2024
5,950.00 5/ 10/2024
Total Order
Terms NET 30
112,243.00
This purchase order encumbers funds in the amount of $112,243.00 awarded to CXT Incorporated of Dallas, TX, on
December 12 , 2023. The following is incorporated into and made part of this purchase order by reference: Quote dated
September 14, 2023, from CXT Incorporated of Dallas, TX, and Sourcewell Contract 081721-CXT.
Resolution # 2023-R0612
CITY O • BOCK:
Tray Pa , ayor
Ordered
a�� :sr:
Courtney Paz, ity Secretary
��,� City of
Lubbock PURCHASE ORDER
TExas
TO: CXT INCORPORATED
PO BOX 676208
DALLAS TX 75267
I'age -
Date -
Order Number
Branch/Plant
2
11/28/2023
10026982 000 OP
5223
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:
Marta Alvar , Director of Purchasing & Contract Management
Ordered 11/28/2023 Freight
Requested 5/10/2024 Taken By
Delivery PER K ROBINSON REQ 61061
INSURANCE REQUIItED:
YBUSBY
PUR 177701SOURCEWELL CONTRACT 081721-CXT
Commercial General Liabilitv: Workers Comaensation and Emulover Liabilitv:
$1 M occurrence !$2M aggregate (can be combined with an Statutory. If the vendor is an independent contractor with no
Excess Liability to meet requirement). CGL is required in ALL employees and are exempt from providing Workers'
contracts. It is perhaps the most important of all Compensation coverage, they must sign a waiver (obtained
insurance policies in a contractual relationship. It insures the from COL Purchasing) and include a copy of their driver's
Contractor has broad liability coverage for contractual activities license. Employer Liability ($ l Ivn is required with
and for completed operations. Workers Compensation.
Commercial General Liability to include Products —
Completion/OP, Personal and Advertising Injury, Contractual
Liability, Fire Damage (any one fire), and Medical Expenses
(any one person).
Automotive Liabilitv:
$1 M occurrence is 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 aze
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 ca same limits as listed above.
Rev. 312022
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS
ACCEPTANCE OF THIS PifRCHASE ORDER:
CONTRACTOR ACKNOWLEDGES. by supRjvmg��y Coods or Serv�ca that the Comractor haz read. (ullv
unders�ands. and will be in full compl�ance w�th all terns and condi�ions and the descrip�ive mattt�al contained herein
and anv additional assoc�ated documents and Amendments. The Citv disclaims anv �rnnc and conditionc provided bv
the Contrac�or unless aereed uoon in wrning by the panies. In the evrnt of conFlict between the Gtv's terms and
conditiortc and anv irnns and wndi�ions orovided bv Ihe Contrac�or, the Irnns and cond���ons prowded herem shall
prevail. The trnns and conditions orovided haein are Ihe final lerms agreed upon bv Ihe par�ies, and anv prior
conflic�ing trnns shall be of no force or efTect.
I. SELLER TO PACKAGE GOODS. Sella will package goodc in acwrdance with good commercial practice.
Each shipping containa shall be clearly and pertnanently marked az 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 �otal number of containers, e.g. box I o( 4 boxes, and (d) �he numlxr of �he
comainer bearing the packing slip. Sella shall bear cost of packaging unless othenvise provided. Goods shall be
suitably packed to secure lowest transponation wsts and ro conform with requirements of common carriers and any
applicable specifications. Buyer's coun� or weight shall be fmal 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 trnder of a bill of lading will operate ac a trnda of goods.
3. TITLE AND RISK OF LOSS. 7'he title and risk of loss of the goadc shall no1 pau to Buyer until Buyer actually
receives and �aka pouession of the goods at the point or poims of delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every trnder of delivery of goods musl fullycomplywith all
provisions of this contract as lo time of delivery, qualityand Ihe like. If a Irnder is made which does not fully tonform,
this shall cons�itute a breach and Sella shall not have �he righ� �o subs�itute a conforming trnder, provided, where the
time for perfortnance haz not yet exp'ved, the Seller may reasonably notify Buyer of his intrntion to curc and may
thrn make a conforming trnder within the wntraa time but not aflmvard.
5. INVOICES & PAYMENTS. a S e I 1 e r shall submit separale invoica, in duplicate, one each purchase order or
purchau release aRer wch delivery. Invoices shall indicate the purchue order or purchase release number and
the supply agreement number if applicable. Invoices shall be i�emized and transponation charges, if any, shall be
listed separately. A copy of the bill of lading, and the Geight waybill when applicable, should be anached to the
invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000. Lubbock, Texu 79457. Payment shall not
be due until the above instrumeMs are submitted afler delivery.
6. GRATUITIES. The Buyer may, by writtrn notice to the Sella, cancel [his contract without liability lo Seller if
it is detmnined by Buyer �hat gratuities, in the form o( rntertainment, gifls or othenvise, were offered or given by the
Seller, or any agrnt or reprarntative of the Seller, to any officer or employee of the City o( Lubbock with a view to
securing a contract or securing favorable treatmem with respect to the awarding or amending, or the making of any
ddrnninations with respect to the paforming of such a contran. In the a�rnt this contraa is canceled by Buytr
pursuant �o this provision, Buyer shall Ix entitled, in addition to any other rights and remedia, to recover or withhold
the amount of the cost incurred by Seller in providing such gra�uitia.
7. SPECIAL TOOLS & TEST EQUIPMENT. If �he price stated on �he face hereof includes the cos� o( any special
tooling or special tat equipmrnl fabricated or raqu'ved by Seller for the pulpose of filling this order, such special
tooling equipment and any process sheets rclated thaeto shall become �he propMy of the Buyer and to the extrnt
feasible shall be identified by the Sella as such.
8. WARRANTY-PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which
Seller walrants to be no higher than Seller's currrnt process on orders by others for produds of �he kind and
specification covaed by this agreement for similar quantities under similar of like conditions and methods of purchase.
In the event Sella breacha this warranty, the prices of the items shall be reduced to the Selkr's wrrent prices
on orders by others, or in the altemative. Buyer may cancel this contran wi�hout liabiliry �o Seller for breach
or Selkr's actual expense. b. The Sella wanants that no pason or selling agrncy has been employed or raained to
solicit or secure this contran upon an agreement or understanding for commission, percentage, brokaage, or comingent
(ee excepting bona fide employees of bona fide established commncial ar selling agencia maintained bythe Seller for
�he purpose of sauring businas. For breach of viciation of this warranty the Buyer shall have the right in addition to
any other right of rights w cancel �his contract withoul liabiliry and �o dedua Gom the contract prim, or othenvise
recover without liabiliry and to deduct 6om the contract price, or othmvae recova the full amount ofsuth mmmission.
percrntage, brokerage or wntingent fee.
9. WARRAMY-PRODUCT Sella shall not limit or exclude any implied warranties and any anempt to do so shall
rrnder this contract voidable a� the opuon of the Buyxr. Seller walrants �hat the goodc furnished will conform �o �he
specificalion, drawmgs, and descripUuns listed in the bid invitauon, and to the sample(s) fumished by the Seller, if any.
In the event of a confl�et or Ixtween �he specifications, drawmgs, and descrip�ions, the specifica�ions shall govem.
Nohvithstanding any prov�s�ons contau�ed in the contraaual agreemrnt, the Sella represents and warrants fauh-frx
perCormanceand faul�-Gee result in the pmcessing date and date related data (including, but not limi�ed to calculating,
comparing and sequencing) of all hardware, sofhvare and fumware products delivered and smices provided under
this Contract, mdividually or m combination, az the case may be Gom �he eft'ec�ive date of �his Contrace The
obligations contained herem apply to products and servica prov�ded by the Seller, its sub- Sella or any third party
involved in Ihe creation or development of the products and servica to be delivered to the City of Lubbotk under this
Contraa. Failure �o comply wnh any of the obligations comained haein, may rault in �he City of Lubbock
availing i�self of any of its nghts unda the law and under this Contract including, but not limited to, its right penaining
ro tamination or defaul�. The warranties contained haein are separate and discrete from any otha wartanties
specified in thic Comract, and are not subject to any disclaimer of warranry, implied or expressed, or limitation of �he
Seller's liability wh�ch may be speafied in this Conlracl, its appendica, its schedula, its annexa or any document
incorporated in this Contract by rcference.
10. SAFETY WARRANTY. Seller warrants that the produn sold to the Buyer shall conform �o the standardc
promulgated by the U S Departmrnt of Labor under �he Occupatwnal Sa(ay and Health Act of 1970. In the evem the
product does not conform to OSHA standards, Buyer may raum �he product for covection or replacement at the
Seller's expense In �he event Seller fails to make the appropna�e coRection within a reasonable time, correction
made by Buyer will be at the Seller's expense.
I I. NO WARRANTY BY BUYER AGAMST MFRINGEMENTS. As part of �his contrad for sale Seller agrees
to ascenain whetha goods manufacwred in accordance with the specifications attached to this agreemm� will give
rise to the rightful claim of any third person by way of inGingement of the like. Buyer maka no warranty tha� �he
production of goods according to Ihe specification will not give rise �o such a claim, and in no evrnt shall Buya Ix
liable to Sella (or indemnification in the event tha� Seller is sued on the grounds of infringement of We like. If Seller
is of the opinion that an infringemrnt or the like will rault, he wdl notify the Buya �o this etTect in writing within hvo
weeks after the signing of this agrcement. If Buyer does not raeive notice and is subscquently held liable (or
�he inGingement or the like, Sella will save Buyer harmlesc. If Seller in good faith ascMains �he produnion of �he
goods in accordance with the specifications will rault in inGingement or the like, the contraM shall be null and void.
12. NON APPROPRIATION. All funds for paymrnt by the City under this contract are subject to the availability of an
annual appropriation for this pulpou by the City. In the evrnt of nonappropriation of funds by �he City Council of �he
Ciry of Lubbock for the goods or servica provided unda �he contract, the City will trnnina�e the contran, .�thout
tertnination charge or other liability, on the lazt day of the thrn-cunrnt fiscal year or when the appropriation made for
the thrn-current year for the goods or services covaed by this contran is spent, whicheva event ocwrs first. If at any
lime funds are no� appropria�ed for �he continuance of this comract, cancella�ion shall Ix accepted by the Sella on
�hirty (30) days prior writtrn notice, bW (ailuro to give such no�ice shall be of no efTec� and the Ciry shall not be
obligated under this contraa Fxyond the date of trnnination.
13. RIGHT OF MSPECTION. Buyer shall have the right �o 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 ponion o(
�his order if Seller brwches any of �he trnnc hereof including wartanties of Seller or if the Seller becoma insolvent or
commits acts of bankmptcy. Such righ� of cancellation is in addition to and no� in lieu of any o�her remedies which
Buyer may have in law or equity.
I5. TERWIINATION. The performance of work under �his order may be �mninated in whole, or in part by the Buyer
in acwrdance with th�s provis�on Trnnination of work hereunder shall be elfected by �he dehvery of the Seller of
a"Notice of Tertn�nation" specdymg the extrnt to which perfo�mance of work under the ordtt �s trnnmaled and �he
date upon wh�ch such Irnnmauan becomes efTectira Such nght or lertninalwn �s m add��ion to and not m Leu of Ihe
rights of Buyer set fonh in Clause 14, herein.
16. FORCE MAJEURE Neither pany shall be held rapons�ble for losses, raulting if �he fulfillment of any
trnns of provisions of this contract is delayed or prevrnted by any cause no� ���hin the control of the party whose
performance is interfered with, and which by the exercise of reasonable ddigence said party is unabk to prevrnt.
17. ASSIGNI�NT-DELEGATION. No right or interes� m this contract shall be assigned or delega�ion of any
obligation made by Seller withow the written prnnission of the Buyer Any a�tempted assignment or delegation by
Seller shall be wholly void and lotally ineffective for all pu`pose unless made m conformitywith ihis paragraph.
18. WAIVER. No claim or right arising out of a brwch o(this contract can be discharged in whole or in part by a
waiver or rrnmcialion of the claim or righl unlas the waiver or rrnunc�auon �s suppohcd by consideration and is m
writing s�gned by the aggrieved party.
19. INTERPRETATION-PAROLE EVIDENCE. This writmg, plus any spetifitations for bids and performance
provided by Buycr in its advertisement (or bids, and any other documents provided by Seller as pan of his bid.
is intended by the panies ac a final expression of �he'v agreement and mtrnded also as a compkte and exclusive
s�alement of the trnns of the'v agreement. Wheneva a �mn defined by the Unifortn Commercial Code is used in this
agreement, the definition contained in the Code is ro control.
20. APPLICABLE LA W. This agreement shall be govemed by the Umfortn Commercial Cade. Wherever the �ertn
"Uniform Commercial Code' is used, it shall be construed az meanmg �he Umform Commercial Code az adopted in
the State of Texas as ef(ective and in force on the date of thts agreement.
21. RIGHT TO ASSURANCE. Whenever one party to this contrad in good faith haz reason to qua�ion the other
party's mtrnt to perfortn he may demand that the other party give �mt�rn assurance of his intenl lo per(ortn. In the
event that a demand is made and no assurance is given wi�hm five (5) days, the demanding party may treat tha
failure as an amicipatory repudiation of the wntrazt.
22. INDEA�WIFICATION. Seller shall indemnify, keep and save harmlas the Buyer, its agmts, officials and
employces, 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 Contran or which
may anywise result thnefrom, whnher or not rt shall be alleged or daermined that the act waz causcd 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 o�m expense, appear, defend and pay all charges of anomeys and all costs and other expenses
arising thaefrom of mcuned in connection thaewnh, and, if anyjudgment shall be rmdered against the Buyer in any
such action, the Seller shall, at its own expenses, sa�isfy and discharge the same Seller exprasly understands and
agrees that any bond requved by th�s contract, or othrn�ise provided by Sella, shall in no way limi� the
raponsibility to indemm(y, keep and save harmlas and defrnd the Buyer u haein provided.
23. T111� It �s hereby exprasly agreed and understoad that time is of the essence for the performance of th�s
con�rad, and faJurc by mntract to meet the t�me specdica�ions of tha agreement will cauu Selkr to be in default
of this agrmment.
24. MBE. The Qty of Lubbock haeby nonfies all bidders that in rcgard �o any contract rntaed into pursuant �o
�his request, minority and women busmas emerpnses will be afforded equal opportunities ro submit bids in rapoase
lo Ihis invnation and w�ll nat be diunmina[ed agamst on the grounds o( race, color, sex or natural origin m
considerat�on for an award.
25. NON-ARBITRATION. The Ciry resrnes Ihe right lo exercise any right or remedy to it by law, contract, equity, or
othmvise, including without Ivni�auon, �he right to seek any and all (orms of relief in a coun o( competrn�
jurisdiction Funher, the Ciry shall not be sub�mt ro any arbitration process pnor ro exercising its unrestric�ed
right to seek �udicial remedy The remedies sM fonh herem are cumulative and not exclusive, and may be exercised
wncufrrntly. To the extrnt of anyconFlict be[ween this pro�ision and another provision in, or rela�ed ro. �his document,
lhis provis�on shall control.
26. RIGHT TO AUDIT At any tune dunng the trnn oF Ihe contract, or therwfler, the Ciry, or a duly amhoraed
audit representatrve of the Qty or the State of Texas, at its expense and at reasonabk tima, resrna the right m
audit Contractor's records and books relevant �o all smices provided to �he Cny under this Contraa. In the event such
an audit bythe Ciry reveals any efrors or o�•efpaymrn�s by the City. Contractor shall refund the City the (ull amounl
of such overpayments withm �hirty (30) days of such audn findings, or the C�ty, at its option, reserva the righ� �o
deduct such amounts owing the City Gom any payments due Contraaor.
27. The ConlraMor shall not assign or sublet the contract, or any portion of �he contract, without writtrn consem Gom
the Duector of Purchasing and Comran Managemrnt.
28 Contrncts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organiza�ion Prohibited
Porsuam �o Section 2252.152 o(the Texas Govemment Code, prohibits the Ciry Gom entering into a contraa with a
vendor that �s idrntified by The Comptroller az a company known to have contracts with or provide supplies or smice
with Iran, Sudan or a foreign trnorist organization
29 Texas Govemmrnt Code. Section 2252.908 «qu'va a business entiry entering into crnain contraas with a
govemmental rn�ity or state agrncy to file with Ihe govemmental rn�ity or state agrncy a disclosure o(intaested pa�ies
at the time the businas entity submits the signed comraa �o �he govemmental rntiry or s�ate agrncy. Inctructiorts for
completmg Form 1295 are available at: hRu:��www,ti.lub6otk.lx.us'dcoartmrnlal-
websites deuartments purchasint•vrndor-information
30. No Boycott of Israel. Pursuant ro Seclion 2271.002 of the Texaa Govermnent Code, Rapondrnt cMifia that
eilha (�) n meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boyco��
Israel during Ihe trnn of �he conlract r�tulting 6om this solicitation. Rapondem shall state any facts Ihat make iI
exempt fiom the boycott certificalion in its Response.
31. No Boycott o( Enagy Companies. Pursuant lo Section 2274 of Ihe Texu Govemmrnt Code, Rapondrnt
cM�fies that eilher (i) it meets an exemption criteria unda Section 2274.002; or (ii) it does not boycotl Energy
Companies and will nol boycott Enagy Compania during the trnn of Ihe comract raulting 6om this solicitation.
Rapondent shall state any facts that make it exempt from the boycott cenifica�ion in its Response.
32 No Boycon of a F'vearm Emity or Fvearm Trade Associa�ion. Pursuant to Section 2274 of the Texaz
Govemment Code, Rapondent cMifies that either (i) it meets an exemption criteria under Section 2274.002; or (ii) it
doa not boycott a F'vearm En�ity or F'vearm Trade Association and will no� boycon a F'vearm Entity or F'vearm
Trade Association during the trnn of the contraa resulting Gom this solicitation. Respondent shall state any fac�s that
make it exempt from the boycon certification in its Raponse
33. Contracts with Compania Engaged in Businas with Iran, Sudan, or Foreign Tertorist Organization Prohibited
Pursuant �o Section 2252.152 of the Texaz Govemment Code, prohibns the Cny from entaing into a comraa with a
vendor that is identified by The Comptrolla ac a company known to have contracts with or provide supplies or
srnice with Iran, Sudan or a(oreign terrorist organiza�ion
34. TEXAS PUBLIC MFORMATION AC7'. The requ'vemems of Subchapta J, Chapter 552, Govemmrnt Code,
may apply �o this contract and the contraaor or vendor agrees that the contract can be terminatcd i(the contractor or
vendor knowingly or intrn�ionally fails to comply with a requvement of that subchapter.
35. Pursuant to Section 552.301(c) of the Texas Govemment Code, the Qty of Lubbock has designated the followmg
email address for which public information requests may be made by an emaded request: orrui mvfuhbeck.us. Please
send this request to this email address for it to be processed
REV. 3 2022
CORTEZ -10' 3" X 17'
Cortez with chase has two single user fully accessible
flush restrooms. Standard features include simulated
barnwood textured walls, simulated cedar shake
textured roof, vitreous china fixtures, interior and
exterior lights, off loaded, and set up at site.
' , �
Restroom*$65,718.00 Qty: _ $0.00
Family Assist Shower/Restroom Combo*$76,680.0o Qty:
Concession* $76,194.00 Qty: _ $0.00
*Includes 4-gallon water heater.
_ $0.00
Shower*$79,479.00 Qty:
Storage $60,840.00 Qty:
Total for Optional Sections
Q
*Base Price $
Final Connection to Utilities (per section)
Optional Wall Texture (per section)- choose one � Split Face Block ($5,500)
Optional Roof Texture (per section) ❑ Ribbed Metal
Insulation and Heaters (per section)
Stainless Steel Water Closet (each)
Stainless Steel Lavatory (each)
Electric Hand Dryer (each)
Electronic Flush Valve (each)
Electronic Lavatory Faucet (each)
Paper Towel Dispenser (each)
Toilet Seat Cover Dispenser (eoch)
Sanitary Napkin Disposal Receptacle (each)
Boby Changing Table (each)
Skylight in Restroom (each)
Morine Grade Skylight in Restroom (each)
Marine Package (excluding fiberglass doors and frames) (per section)
Exterior Mounted ADA Drinking Fountain w/Cane Skirt (each)
2K Anti-Graffiti Coating (per section)
Optional Door Closure (each)
Fiberglass Entry and Chase Doors and Frames (each)
Timed Electric Lock System (2 doors- does not include chase door) (each)
Exterior Frostproof Hose Bib with Box (each)
�a
800.696.5766
cxtinc.com
65,718.00
�
_ $0.00
_ $0.00
$ 0.00
$ 5,000.00 � ❑
O Stone ($7,�00� Reset Wall texture
$ 5,500.00
$ 19,500.00 ❑
Qty:2 $ 1,750.00 0
Qty: 2 $ 1,500.00 0
Qty:2 $ 700.00 �
Qty: $ 1,500.00 �
Qty: $ 1,500.00 ❑
Qty: $ 350.00 ❑
Qty: $ 350.00 ❑
Qty: $ 100.00 ❑
Qty: $ 750.00 ❑
Qty:2 $ 1,600.00 ❑✓
Qty: $ 2,450.00 ❑
$ 2,350.00 ❑
Qty: $ 5,600.00 ❑
$ 4,000.00 ❑
Qty: $ 700.00 ❑
Qty: 3 $ 3,300.00 Q
Qty:2 $ 1,350.00 0
Qty: 1 $ 1,200.00 0
Total for Added Cost Options:
0.00
0.00
0.00
0.00
3, 500.00
3,000.00
1,400.00
0.00
0.00
0.00
0.00
0.00
0.00
3,200.00
0.00
0.00
0.00
0.00
0.00
9,900.00
2, 700.00
1,200.00
$ 24,900.00
Custom Options: Install Surcharge (7,825),TrilogyBattOpLockSystem(incl.),SmartVent(Flood)DbleStackEachRestroom Qty 2(3,850) �$ 11,675.00
Engineering and Stote Fees: �$ 4,000.00
Estimated One-Way Transportation Costs to Site (quote): 1$ 5,950.00
Estimoted monthly payment on 5 yeor leose $2,256.08
This price quote is good for 60 days from date below, and is
accurate and complete.
Robert C. Vealsll j signed by Robert C.
e a l s, J r. 07 002023.09.14 09:22:47
CXT Sales Representative 1' Date
Estimated Tax: $
Total Cost per Unit Placed at Job Site: $ 112,243.00
Dlsclalmer: Pleose call to conflrm selected sectlons are compatlble.
I accept this quate. Please process this order. ��m�n��* �
Company Name: City of Lubbock
�
�
r i2ilaiaoa3
Tray Payne, Mayor pote
�� .
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 trensfer:
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.6. 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. Site must allow for the crane to be within three feet
of the building location and the truck to be within three feet of the crane.
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
Sourcewell :i 1
A�varded Concract I
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 http://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
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-�/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: All orders are cash in advance. At CXT's discretion,
credit may be given after approval of credit application. Payment to CXT by
the purchaser of any approved credit amount is net 30 days after submission
of invoice to purchaser. 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 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 deliverfrom 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, K5, LA, MN, MO, M5, 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.07/24/2023
OPTIONS
Exterior Color(s) (For single color mark an X. For two-tone combinations use W= Wolls and R= Roof.)
Amber Rose Berry Mauve W Buckskin Cappuccino Cream
Charcoal Grey Coca Milk R Evergreen Georgia Brick
Golden Beige Granite Rock Hunter Green Java Brown
Liberty Tan Malibu Taupe Mocha Caramel Natural Honey
Nuss Brown Oatmeal Buff Pueblo Gold Raven Black
Rich Earth Rosewood Sage Green Salsa Red
Sand Beige
Special roof color #
Special trim color #
Sun Bronze Toasted Almond Western Wheat
Special wall color #
StOne COlor(Mork option with an X.) *lf option is not avoilable, verify stone option is se%cted on previous poge.
Basalt* Mountain Blend* Natural Grey* Romana*
Roof Texture *lf option is not ovailable, verify roof texture option is se%cted on previous poge.
Ribbed Metal*
Woll TeXtUre(5) (Forsingle texture mork an X. For top and bottom textures use T= Top and 8= Bottom.)
*If option is not available, verify wall texture option is selected on previous poge.
Split Face Block* Horizontal Lap* Board � Batt* Stucco*#
Brick*# Distressed Wood*#
StOne WO11 TeXtUI'e (bottom texture only) *If option is not avoilable, verify stone option is selected on previous page.
Napa Valley*# River Rock*# Flagstone*# Stacked Rock*#
#Textures not included in CXT's quote o�e additionol cost.
Door Opener
�Non-locking ADA Handle
Deadbolt �
Accessible Signage
�✓ Men
Toilet Paper Holder
�2-Roll Stainless Steel
Notes:
� Privacy ADA Latch
❑✓ Women
� 3-Roll Stainless Steel
�Pull Handle/Push Plate
❑Unisex
cxtinc.com
800.696.5766
,�
�I� c��y of
Lubbock PURCHASE ORDER
TEXAS
TO: CXT INCORPORATED
PO BOX 676208
DALLAS TX 75267
Page -
Date -
1
11/28/2023
Order Number 10026983 000 OP
5223
Branch/Plant
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:
Marta Alvar , Director of Purchasing & Contract Management
Ordered 11/28/2023 Freight
Requested 5/10/2024 Taken By YBUSBY
Delivery PER K ROBINSON REQ 61064 PUR 17770/SOURCEWELL CONTRACT 081721-CXT
If you have any questions contact Kaylee Robinson: KRobinson@mylubbock.us Phone 806-775-2672
Description/Supplier Item
Restroom Install for Maxey Park
Restroom
Stainless Steel Water Closet
Stainless Steel Lavatory
Electric Hand Dryer
Skylight In Restroom
Fiberglass Entry And Chase
Timed Electric Lock System
Exterior Frostproof Hose Bib
Custom Options
Engineering And State Fees
Estimated One-Way
Ordered
Unit Cost UM
Extension Request Date
Terms NET 30
1.000
2.000
2.000
2.000
2.000
3.000
2.000
1.000
1.000
1.000
1.000
65,718.0000 EA
1,750.0000 EA
1,500.0000 EA
700.0000 EA
1,600.0000 EA
3,300.0000 EA
1,350.0000 EA
1,200.0000 EA
11,675.0000 EA
4,000.0000 EA
5,950.0000 EA
65,718.00 5/ l0/2024
3,500.00 5/ l0/2024
3,000.00 5/10/2024
1,400.00 5/ 10/2024
3,200.00 5/10/2024
9,900.00 5/10/2024
2,700.00 5/10/2024
1,200.00 5/10/2024
11,675.00 5/10/2024
4,000.00 5/10/2024
5,950.00 5/10/2024
Total Order
112,243.00
This purchase order encumbers funds in the amount of $112,243.00 awarded to CXT Incorporated of Dallas, TX, on
December 12 , 2023. The following is incorporated into and made part of this purchase order by reference: Quote
dated September 14, 2023, from CXT Incorporated of Dallas, TX, and Sourcewell Contract 081721-CXT.
Resolution # 2023-R0612
CITY OF CK:
Tray Pay , ayor
A EST:
Courtney Paz, City Sec
1/� ��Ty of
Lubb o ck
TEXAS
PURCHASE ORDER
TO: CXT INCORPORATED
PO BOX 676208
DALLAS TX 75267
Page - 2
Date - 11/28/2023
Order Number 10026982 000 OP
Branch/Plant 5223
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:
Marta Alvar , Director of Purchasing & Contract Management
Ordered 11/28/2023 Freight
Requested 5/10/2024 Taken By
Delivery PER K ROBINSON REQ 61064
INSURANCE REQUIItED:
YBUSBY
PUR 177701SOURCEWELL CONTRACT 081721-CXT
Commercial General Liabilitv: Workers Comaensation and Emalover Liabilitv:
$1 M occurrence 1$2M aggregate (can be combined with an Statutory. If the vendor is an independent contractor with no
Excess Liability to meet requirement). CGL is required in ALL employees and are exempt from providing Workers'
contracts. It is perhaps the most important of all Compensation coverage, they must sign a waiver (obtained
insurance policies in a contractual relationship. It insures the from COL Purchasing) and include a copy of their driver's
Contractor has broad liability coverage for contractual activities license. Employer Liability ($11Vn is required with
and for completed operations. Workers Compensation.
Commercial General Liability to include Products —
Completion/OP, Personal and Advertising Injury, Contractual
Liability, Fire Damage (any one fire), and Medical Expenses
(any one person).
Automotive Liabilitv:
$1 M occunence is 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 ca same limits as listed above.
CORTEZ -10' 3" X 17'
Cortez with chase hos two sin�le user fully accessible
flush restrooms. Standard features include simulated
barnwood textured walls, simulated cedar shake
textured roof, vitreous china fixtures, interior and
exterior lights, off loaded, and set up at site.
;.� �
. r, --
, __ �.
Shower*$79,479.00 Qty:
Storoge $60,840.0o Qty:
*Base Price $ 65,718.00
Restroom*$65,718.00 Qty: _ $0.00
Family Assist Shower/Restroom Combo*$76,680.00 Qty: _$0.00
Concession* $76,194.00 Qty: _ $0.00
'Includes 4-gallon woter heater.
Final Connection to Utilities (per section)
Optional Wall Texture (per section)- choose one
Optional Roof Texture (per section)
Insulation and Heaters (per section)
Stoinless Steel Water Closet (each)
Stainless Steel Lavatory (each)
Electric Hand Dryer (each)
Electronic Flush Valve (each)
Electronic Lavatory Faucet (each)
Paper Towel Dispenser (each)
Toilet Seat Cover Dispenser (each)
Sanitory Napkin Disposal Receptacle (each)
Baby Changing Table (each)
Skylight in Restroom (each)
Marine Grade Skylight in Restroom (each)
� Split Face Block ($5,500)
❑ Ribbed Metal
Marine Package (excluding fiberglass doors and frames) (per section)
Exterior Mounted ADA Drinking Fountain w/Cane Skirt (each)
2K Anti-GrafFiti Coating (per section)
Optional Door Closure (each)
Fiberglass Entry and Chase Doors and Frames (each)
Timed Electric Lock System (2 doors- does not include chase door) (each)
Exterior Frostproof Hose Bib with Box (each)
Total for Optional Sections
��
800.696.5766
cxtinc.com
_ $0.00
_ $0.00
$ 0.00
� ' $ 5,000.00 l ❑
� Stone ($7,000) Reset Wall Texture
$ 5,500.00
$ 19,500.00 ❑
Qty:2 $ 1,750.00 0
Qty: 2 $ 1,500.00 �
Qty:2 $ 700.00 �
Qty: $ 1,500.00 �
Qty: $ 1,500.00 ❑
pty: $ 350.00 ❑
Qty: $ 350.00 ❑
Qty: $ 100.00 ❑
Qty: $ 750.00 ❑
Qty: 2 $ 1,600.00 0
Qty: $ 2,450.00 ❑
$ 2,350.00 ❑
Qty: $ 5,600.00 ❑
$ 4,000.00 ❑
Qty: $ 700.00 ❑
Qty: 3 $ 3,300.00 Q
Qty:2 $ 1,350.00 0
Qty: 1 $ 1,200.00 0
Total for Added Cost Options:
0.00
0.00
0.00
0.00
3,500.00
3, 000.00
1,400.00
0.00
0.00
0.00
0.00
0.00
0.00
3,200.00
0.00
0.00
0.00
0.00
0.00
9,900.00
2, 700.00
1,200.00
$ 24,900.00
Custom Options: Install Surcharge (7,825),TrilogyBattOpLockSystem(incl.),SmartVent(Flood)DbleStackEachRestroom Qty 2(3,850) $ 11,675.00
Estimated monthly poyment on 5 yeor leose $2,256.08
This price quote is good for 60 days from date below, and is
accurate and complete.
Engineering and State Fees: $ 4,000.00
Estimated One-Way Transportation Costs to Site (quote): $ 5,950.00
Estimated Tax: $
Total Cost per Unit Placed at Job Site: $ 112,243.00
Dlsclalmer. Please call to conflrm selected sectlons are compatlb/e.
Robert C. V allsll j signed by Robert C.
e a I s, J r. 07 002023.09.14 09:26:34
� �
CXT Sales Representative Date
I accept this quote. Please process this order.
Company Name: City of Lubbock
12/12/2023
Tray P ne, Mayor Date
Rev. 312022
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS
ACCEPTANCE OFTHIS PURCHASE ORDER-
CONTRACTOR ACKNOWLEDGES. by sugp�yme anv Goods or Srnicec that �he Contractor haz read. fullv
understands. and �vill be in full comphanm w��h all terms and condnions and the deunative matmal contained herem
and any addmonal azsociated documents and Amendments The Qtv disclaims anv tertns and conditions provided bv
the Contractor unless aereed uoon in wnune bv the part�es In Ihe evrnl of con0ict belween 1he City's tmns and
conditions and anv trnns and conditions orovided bv the Contracar, the tmns and condnwns orovided haein shall
pmvail The terms and conditions orovided herein are �he final terms aereed upon bv �he oartia. and anv prior
conflicting trnns shall be of no force or elTcet.
1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commacial prectice.
Each shipping container shall be clearly and permanemly marked az follows (a) Seller's name and addras, (b)
Consignee's name, address and purchue order ar purchase release number and the supply agreemenl number if
applicable, (c) Comainer number and total number of contamers, e.g. box I of 4 boxa, and (d) the numlxr of the
containa bearing the packing slip. Seller shall bear cost of packaging unlas o�hmvise provided. Goods shal� be
suitably packed to secure lowest transpoNation costs and to conform with requiremenls of common cartiers and any
applicable specifica�ions. Buyer's coum 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
raervalion and no trnda of a bill of lading will operale ac a trnder of goods.
3. TITLE AND RISK OF LOSS. The litle and risk of loss of the goods shall nol pass to Buyer until Buyer aclually
rxeives and �aka possession of the goods at the point or points of delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every trnder of delivery of goods must fully complywith all
provisions of this comract a5 to time of delivery, quality and the hlce. If a tender is made which does not (ully conform,
this shall cons�im�e a breach and Seller shall no� have the right to substimte a con(orming trnda, provided, whae the
�ime for perfortnance haz not yet exp'ved, the Seller may reasonably notify Buyer of his intrntion to cure and may
thrn make a conforming trnder within the contract time but no� aflmvard.
5. INVOICES & PAYMENTS. a. S e I I e r shall submit separate invoices, in duplicate, one each purchase order ar
purchase release afla wch delivery. Invoices shall indicace �he purchase order or purchase release number and
the supply agreement number if applicable. Invoices shall be itemized and transponation charga, if any, shall Ix
listed separately. A copy of the bill of lading, and the &eight waybill when applicable, should be attached �o the
invoice. Mail To: Accounts Payable, City of Lubbock, P. O Box 2000, Lubbock. Texas 79457. Payment shall not
Ix due until Ihe above ins�nunents are submitted afler delivery
6. GRATUITIES. The Buyer may, by written notice �o the Sella, cancel this contraa u�thout liability �o Seller if
it is darnnined by Buyer that gramities, in the fortn of entMainmem, gifls or othmvise, wae of£ered or given by the
Seller, or any agent or reprarntative of the Seller, �o any ofiica or employee of the City of Lubbock with a view ro
securing a contract or securing favorable trwtmem with rapect to the awarding or amending, or the making of any
detmninations with rapect to the performing of such a contraa. In the even� this comract is canceled by Buyer
pursuant to this provision, Buyer shall be rntitled, in addition to any other rights and rcmedies, �o recover or withhold
the amount of the cost incurred by Seller in providing such gram�ties.
7. SPECIAL TOOLS & TEST EQUIPWtENT. If the price stated on the fam hereof includes the cost of any special
looling or special lest equipment fabricated or requ'ved by Seller for the pulpose of filling this order, such special
tooling equipment and any process sheets related �hereto shall become the propeny of the Buyer and to the extrnt
feasible shall be identified by the Seller as such.
8. WARRANTY-PRICE. a. The price to Ix paid by the Buyer shall be that contained in Seller's bid which
Selltt warranls to be no higher than Seller's curtrnt procas on orders by others for products o( the kind and
specification covered by this agrmment for similar quanti�ies under similar of like conditions and methods of purchaze.
In the event Seller breaches this warranry, the prices o(the items shall be reduced ro the Selkr's curtrnt prices
on orders by others, or in the allemative. Buytt may cancel this contraA without liability lo Seller for breach
or Selkr's actual expense. b. The Seller warrants tha� no person or selling agency has been employed or retained to
solicit or secure this contraa upon an agreement or understanding for commission, percrn�age, brokerage, or contingent
fee excepting bona fide employees of bona fide atablished commacial or selling agencies maintained by the Seller for
the purpose of securing business. For Mwch of viciation o( this warranly the Buyer shall have the right in addition lo
any other right of rights to cancel this conlract wilhout liabilily and to deduct Gom Ihe contract price, or othmvise
raover wi�hout liability and to dedua from the contract price, or othrnvise recover the (ull amoum ofsuch commission,
percrntage, brokerage or contingent fce.
9. WARRANTY-PRODUCT. Seller shall not limit or exclude any implied warranties and any anempt lo do so shall
rrnder �his comract voidable at the option of the Buyer. Seller wa�rants that the goods fumished will conform ro the
specification, drawings, and descriptions listed in �he bid invitauon, and to the sample(s) furnished by the Seller, i(any.
In �he evrnt of a conflict or bnween the specifications, drawings, and descriptions, �he specifica�ions shall govem.
Notwiths�anding any provisions contained in the wntracmal agreemem, the Sella represents and warrants fault-Gee
perfortnanceandlaul�-Gceresuh in�heprocescingdateanddaterelateddata (including, bw not limi�ed to calcula�ing,
comparing and sequencing) of all hardware, software and firmware products delivered and smices provided under
this Contract, individually or in combination, as �he case may be Gom the effective date of this Contract. 7'he
obligations contained herein apply to products and smica provided by the Sella, i�s sub Seller or any th'vd pany
involved in the crwtion or development of �he produc�s and sm�ces to be delivered ro the Ciry of Lubbock under this
Contract. Failuro to comply wi�h any of the obligations contained herein, may result in �he Ciry of Lubbock
availing itself of any of its rights under �he law and under this Contraa including, but no� limited �o, its righ� penaining
to tamina�ion or default. The warramies contained haein are separate and discrae from any o�her warranties
specified in �his 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 Contrad, its apprndices, its schedules, its annexes or any dacument
incorporated in this Contract by reference.
10. SAFETY WARRANTY. Sella warrams �hat the produa sold to �he Buyer shall conform to �he standards
promulgated by the U. S. Depanmrn� of Labor under the Occupauonal SaCety and Hwlth Act of 1970. In �he event the
produa doa not mnform to OSf1A standards, Buyer may retum the produa for cortection or replacement a� the
Seller's expense. In �he event Sella fails to make the appropnate cortection within a reasonable time, co�rection
made by Buyer will be at Ihe Seller's expense.
1 I. NO WARRAMY BY BUYER AGAMST MFRINGEI�NTS. As part of Ihis comract for sale Sella agrea
�o accrnain whdher goods manufactured in accordance with �he spacifications attached ro �his agrcemem will give
rise to the rightful claim of any third person by way of inGingement of the like. Buya maka no warranry that the
produaion of goods according to �he specification will not give rise to such a claim, and in no evmt shall Buyer be
liable to Sella (or indemnifica�ion in the event that Seller is sued on the grounds o(infringement o(the like. If Selln
is of the opinian that an inBingemrn� or the like will result, he will noti(y the Buyer �o �his eflect in ��Titing wi�hin nvo
weeks aRv the signing of this agreement. If Buya docs not receive nmice and is subxqurntly held liable for
the inGingement or the like, Sella will save Buyer harmless. If Seller in good faith ascenains the produaion of the
goods in accordance wi�h the specifications will rault in inGingemem or the like, the contraa shall be null and void
12. NON APPROPRIATION. All funds for payment by the City under this contrac� are subjxt �o the availability of an
annual appropriation for this purpose by the City. In the evrn� of nonappropriation of funds by �he City Council of the
City of Lubbock for the goodc or services provided unda the contrac�, the City will �rnninate �he contraa, without
trnnination charge or other liability, on the last day of the �hm-current fiscal year or when the appropriation made for
the thrn-current yeaz for �he goods or services covered by this contraa is spem, whicheva event occurs firs�. If at any
t'une funds are not appropriated far the continuance of �his contract, cancellation shall be accepted by the Sella on
thiny (30) days prior writtrn notice, bw failuro to give such notice shall be of no eflect and the City shall not be
obligated under this contract beyrond �he da�e of trnnination.
13. RIGHT OF INSPECTION. Buyer shall have the righ� to inspect �he goods a� delivery before accepting them.
14. CANCELLATION. Buyer shall have the right to cancel for default all or any pan of the undelivaed ponion of
this orda if Sella breacha any of �he tmns hereof including warrantia of Seller or if �he Seller becoma insolvent or
commi�s acts of bankruptcy. Such right of cancellation is in addition �o and not in lieu of any otha remedies which
Buper may have in law or equity.
I5. TERMINATION. The performance of work unda �his orda may be �rnninated in whole, or in pan by the Buyer
m accardanre with this provision. Tertnmauon of work hereunder shall Ix effected by the delrvery of the Seller of
a"Notice of Termination" specifying the extrnt to wh�ch performance of work under �he order is trnninated and the
dale upon which such Irnnination Ixcomes effecirve Such nght or tmmnation �s in addi�ion to and not m heu of the
nghts of Buyer set fonh in Clause 14, haem
16 FORCE MAJEURE. Neitha party shall be held responsible for lossa, resulting i(the fulfillmem of any
tertns o( provisions o( this contract is delayed or prevrn�ed by any cause not wnhm the control of �he party whose
perfortnance is intafered with, and which by the exacise of reasonable dingence said party is unable �o prevrnt.
17 ASSIGNI�NT-DELEGATION. No right or interat in this contract shall Ix assigned or delegation of any
obhgation made by Seller without the writtrn pem�ission of the Buyer. Any attempted assignment or delegation by
Seller shall be wholly void and lotally ine(feclive for all purpose unless made in conformitywilh this paragraph
I8. WAIVER. No claim or right arising ow of a breach of �his contract can Ix discharged in whole or m part by a
waiver or rrnuncia�ion of the claim or right unless �he waiver or rrnuncia�ion is supponed by considera��on and �s in
writing signed by the aggrieved pany.
19 INTERPRETATION-PAROLE EVIDENCE. This writing, plus any speafications (or bidt and per(ormance
provided by Buyer in its advenisement (or bids, and any other documen�s provided by Seller u part of h�s b�d.
is mtended by the panies as a final expression of their agreement and wrnded also as a comple�e and exclusive
statement of the �rnns of their agreement. Whenever a tam defined by the Uniform Commacial Cade is used in �his
agreement, the definition contained in �he Code is to control.
20 APPLICABLE LAW. This agreemem shall be govemed by �he Um(orm Commacial Code. Whaever the �rnn
"Umform Commercial Code" is used, it shall be consuued as meaning the Umform Commercial Code az adopted in
the Sta�e of Texas as effcetive and in force on the da�e of this agreement.
21 RIGHT TO ASSURANCE. Whenever one party ro this comraa in good farth haz reason lo questwn the otha
party's mtrnt ro perfolm he may demand that the other party give written assurance of his intent to perfom� In the
evem that a demand is made and no assuranm is given within five (5) days, the demanding pany may trea� �his
failure az an anticipatory repudiation of the contract.
22 INDEARJIF7CATION. Sella shall indemnify, keep and save harmless the Buyer, i�s agrnts, otficials and
employees, agairtst all injuries, deaths, loss, damaga, claims, patrnt cla�ms, suns, liabilitia, judgmems, wsts and
expensa, which may in anywise accrue against �he Buyer in consequenm of the granting of this Contract or which
may anyaise rault �hereGom, whether or not it shall be alleged or detrnnmed that �he act waz caused through
negligence or omission of the Seller or its employees, or o( �he subSeller or ass�gnee or its employea, if any, and the
Seller shall, a� his o�m expense, appear, deknd and pay all charges of anomeys and all costs and other expenses
arising therefrom of incurred in conneclion therewith, and, if any�udgmenl shall be rrndered againsl the Buyer in any
such action, the Seller shall, at its o�m expenses, satisfy and discharge the same Seller expressly understands and
agrees tha� any bond requ'ved by this contract, or othmvise provided by Seller, shall in no way limit the
responsib�lny to indemnify, keep and save hartnlas and deknd the Buyer as haem provided.
23. TIME. ❑ is htteby exprasly agreed and undersrood �hat tune �s of the essence for �he performance of this
contract, and failure by contract �o meet the time specifications of tha agreement will cause Seller to be in default
of this agreemenl.
24. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract rn�aed into pursuant ro
this requat, minority and women business enterprises will be afforded equal opportunities to submit bids in response
to this invi�ation and will not be discriminated agains� on the ground5 of race, color, sex or namral origin in
considerauon (or an award.
25. NON-ARBITRATION. 7'he Ciry resmes the righ� to exacise any nght or remedy lo it by law, contract, equity, or
othenvise, including without limitation, �he right to seek any and all fortns of relief in a coun of competrnt
jurisdiction Funher, the City shall no� be subject to any arbitration process pnor to exercising its unrestricted
righ� to seek judicial remedy. The remedies set (onh haein are cumulatrve and not exclusive, and may be exerciscd
concurrmdy. To the ex�ent of any con0ia behveen this provision and another pro�•is�on in, or related to, this document,
this prov�s�on shall control.
26. RIGHT TO AUDIT. A� any time during �he trnn of the contraa, or therrafler, the Ciry, or a duly authorized
audit represrntative of the City or the State of Texas, at its expense and at reasonabk times, reserva the righ� ro
audit Contractor's records and books relerant �o all servica prov�ded to the Qty under this Contract. In the event such
an audit bythe City rweals any arors or ove�paymen�s by the City, Contraaor shall rePond the Ciry �he (ull amount
of such overpayments within thirty (30) days of such audi� fmdmgs, or the City, at its option, raerva the right to
deduct such amounts owing the Ciry Gom any payments due Contractor.
27. The Contractor shall not assign or subla the contract, or any portion of �he contract, withow wriurn consem Gom
�he Dvcetor of Purchazing and Contran Managemrnt.
28. Contracts with Companies Engaged in Businas with Iran, Sudan, or Foreign Tertorist Organization Prohibited.
Pursuant to Section 2252.152 of �he Texas Govemment Code, prohibits the City Gom entering imo a contran with a
vendor tha� �s idrntified by The Comptroller as a company known �o have contracts with or provide supplies or service
wi�h Iran, Sudan or a foreign tertorist organization
29. Texac Govemment Code. Section 2252.908 requ'ves a business mtity entering into cenain contracts with a
govemmental mtity or state agrncy to file with the govrnunental rntity or sta�e agrncy a disclosure o(intaated pama
at the time the businas rn�iry submits the signed contraa �o the govemmen�al rnt�ty or state agrncy. Insuuctions (or
compldmg Form 1295 are available at: �pp�����,,�y.�•�y[�bbQ.Ck,iX.1�5•dCyp4,pKnl�L-
p� il{�`,5�paeSmrnlS�nufchasi •�.rndor-i ormazioa
30. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Govrnunent Code, Rapondrnt crnifies �ha�
either (i) it mee�s an exemption critaia under Sec�ion 2271.002; or (ii) it does not boycon Israel and will not boycott
Israel during the trnn of the contract r�suhing from this solicitation. Respondent shall state any (acts �hat make it
exempt Gom the boycolt cmification in its Raponse.
31. No Boycott of Energy Companies. Pursuant to Section 2274 of the Texas Governmrnt Code, Rapondrnt
cenifies tha� either (i) it meets an exemption cri�eria unda Section 2274.002, or (ii) it docs not boycon Energy
Compania and will not boycott Energy Companies during �he �rnn of the wmract resulting (rom this solici�ation.
Respondent shall sta�e any facts that make it exempt Gom �he boycott cmdication in its Raponse.
32 No Boycon of a F'vearm Entity or Fvearm Trade Association. Pursuant �o Section 2274 of the Texaz
Govrnunent Code, Rapondrnt cenifies that either (i) it meets an exemptian cntena under Section 2274.002; or (ii) it
does not boycon a Firearm Entity or F'veann Trade Association and will not boycon a F'vearm Entity or F'vearm
Trade Auociation during the tertn of the contraa resulting Gom th�s soLcnat�on Respondent shall state any facts that
make n exempt 6om �he boycon certification in its Respoose
33 Contracts with Compania Engaged in Business with Iran, Sudan, or Foreign Terrorist Organ'vation Prohibi�ed
Pursuant �o Section 2252.152 of the Texas Govemment Code, proh�bns the City Gom entering imo a contraa with a
vendor that �s identificd by The Comptroller ac a company kno�m to have contracts with or provide supplia or
service with Iran, Sudan or a foreign terrorist organiza�ion
34. TEXAS PUBLIC INFORMATION AC'T. The requ'vements of Subchapter J, Chapter 552, Govemment Code,
may apply to this contrea and the contraaor or vendor agrea that the contraM can be tertninated if �he contractor or
vendor knowingly or intrntionally fails �o comply wi�h a requirement of �hat subchapter.
35. Pursuant ro Section 552301(c) of the Texas Govemmem Code, the Qty of Lubbock has designated the following
email addras for which public information requals may be made by an emailed request: �n n' [qYlybllp�3s.�4. Please
send this request to this email addras for it ro be processed
REV. 3 2022
r�-
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 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 (t) 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. Site must allow for the crane to be within three feet
of the building location and the truck to be within three feet of the crane.
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
Sourcewell �i
Avdarded Con[ract
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 http://www.
cxtinccom.
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-�/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.0.6. 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: All orders are cash in advance. At CXT's discretion,
credit may be given after approval of credit application. Payment to CXT by
the purchaser of any approved credit amount is net 30 days after submission
of invoice to purchaser. 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 (S) day grace
period) from the date of the invoice. Under no circumstance can retention
be taken. If CXT initiates legal proceeding to collect any unpaid amount,
purchaser shall be liable for all of CXT's costs, expenses and attorneys'fees
and costs of any appeal.
8. LIMITATION OF REMEDIES: In the event of any breach of any obligations
hereunder; breach of any warranty regarding the goods, or any negligent
act or omission of any party, the parties agree to submit all claims to binding
arbitration. Any settlement reached shall include all reasonable costs
including attorney fees. In no event shall CXT be subject to or liable for any
incidental or consequential damages. Without limitation on the foregoing,
in no event shall CXT be liable for damages in excess of the purchase price
of the goods herein offered.
9. DELIVERY INFORMATION: All prices F.O.6. 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.0.6. 6701 E. Flamingo Avenue, Building 300, Nampa, ID 83687
applies to: AK, CA, HI, ID, MT, ND, NV, OR, SD, UT, WA, UVY.
• F.0.6. 901 North Highway 77, Hillsboro, TX 76645 applies to AR, AZ,
CO, IA, KS, LA, MN, MO, MS, NE, NM, OK, TX.
• F.0.6. 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. 07/14/1023
OPTIONS
Exterior Color(s) (For single color mark an X. For two-tone combinations use W= Walls ond R= Roof.)
Amber Rose Berry Mauve W Buckskin Cappuccino Cream
Charcoal Grey Coca Milk R Evergreen Georgia Brick
Golden Beige Granite Rock Hunter Green Java Brown
Liberty Tan Malibu Taupe Mocha Caramel Natural Honey
Nuss Brown Oatmeal Buff Pueblo Gold Raven Black
Rich Earth Rosewood Sage Green Salsa Red
Sand Beige
Special roof color #
Special trim color #
Sun Bronze Toasted Almond Western Wheat
Special wall color #
Stone Colol'(Mork option with an X.) *lf option is not avoilable, verifystone option is se%cted on previous poge.
Basalt* Mountain Blend* Natural Grey* Romana*
Roof Texture *lf option is not avoiloble, verify roof texture option is se%cted on previous poge.
Ribbed Metal*
Woll TeXtu1'e(5) (Forsingle texture mark an X. For top and bottom textures use T= Top ond 8= Bottom.)
*If option is not available, verify wall texture option is selected on previous page.
Split Face Block* Horizontal Lap* Board � Batt* Stucco*#
Brick*# Distressed Wood*#
Stone Wal I Texture (bottom texture only) *If option is not avoiloble, verify stone option is selected on previous page.
Napa Valley*# River Rock*# Flagstone*# Stacked Rock*#
#Textu�es not induded in CXT's quote ore additionol cost.
Door Opener
�Non-locking ADA Handle
Deadbolt �
Accessible Signage
� Men
Toilet Paper Holder
�2-Roll Stainless Steel
Notes:
� Privacy ADA Latch
� Women
� 3-Roll Stainless Steel
�Pull Handle/Push Plate
❑Unisex
cxtinc.com
800.696.5766
�
�r►r ���of
Lubbock PURCHASE ORDER
rExas
TO: CXT INCORPORATED
PO BOX 676208
DALLAS TX 75267
Page -
Date -
1
11 /29/2023
Order Number 10027001 000 OP
Branch/Plant
5223
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:
Marta Alvar , Director of Purchasing & Contract Management
Ordered 11/29/2023
Freight
1.000
3.000
2.000
1.000
2.000
2.000
4.000
2.000
1.000
1.000
1.000
1.000
Requested 5/10/2024 Taken By YBUSBY
Delivery PER K ROBINSON REQ 61062 PUR 177701SOURCEWELL CONTRACT 081721-CXT
If you have any questions contact Kaylee Robinson: KRobinson@mylubbock.us Phone 806-775-2672
Description/Supplier Item
Restroom Install for Rodgers Park
Base Price
Stainless Steel Water Closet
Stainless Steel Lavatory
Stainless Steel Urinal
Electric Hand Dryer
Skylight In Restroom
Fiberglass Entry And Chase
Timed Electric Lock System
Exterior Frostproof Hose Bib
Custom Options
Engineering And State Fees
Estimated One-Way _
Terms NET 30
Unit Cost UM
109,566.0000 EA
1,750.0000 EA
1,500.0000 EA
1,500.0000 EA
700.0000 EA
1,600.0000 EA
3,300.0000 EA
1,350.0000 EA
1,200.0000 EA
7,825.0000 EA
4,000.0000 EA
9,950.0000 EA
Extension Request Date
109,566.00 5/10/2024
5,250.00 5/10/2024
3,000.00 5/10/2024
1,500.00 5/10/2024
1,400.00 5/ 10/2024
3,200.00 5/10/2024
13,200.00 5/10/2024
2,700.00 5/10/2024
1,200.00 5/10/2024
7,825.00 5/10/2024
4,000.00 5/10/2024
9,950.00 5/10/2024
TotalOrder �62,791.00
This purchase order encumbers funds in the amount of $162,791.00 awarded to CXT Incorporated of Dallas, TX, on
December 12 , 2023. The following is incorporated into and made part of this purchase order by reference: Quote
dated September 14, 2023, from CXT Incorporated of Dallas, TX, and Sourcewell Contract 081721-CXT.
Resolution # 2023-R0612
CITY O K:
Tray Payn ayor
Ordered
ar �sT:
Courtney Paz, City Se
�►� c��y of
Lubbock PURCHASE ORDER
TExas
TO: CXT INCORPORATED
PO BOX 676208
DALLAS TX 75267
Page - 2
Date - 11/28/2023
Order Number 10026982 000 OP
Branch/Plant 5223
SHIP TO: CITY OF LUBBOCK - CENTRAL S
308 MUNICIPAL DRIVE
LUBBOCK TX 79403
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Marta Alvar , Director of Purchasing & Contract Management
Ordered 11/28/2023 Freight
Requested 5/10/2024 Taken By
Delivery PER K ROBINSON REQ 61062
INSURANCE REQUIItED:
YBUSBY
PUR 177701SOURCEWELL CONTRACT 081721-CXT
Commercial General Liabilitv: Workers Comaensation and Emalover Liabilitv:
$1 M occunence 1$2M aggregate (can be combined with an Statutory. If the vendor is an independent contractor with no
Excess Liability to meet requirement). CGL is required in ALL employees and are exempt from providing Workers'
contracts. It is perhaps the most important of all Compensation coverage, they must sign a waiver (obtained
insurance policies in a contractual relationship. It insures the from COL Purchasing) and include a copy of their driver's
Contractor has broad liability coverage for contractual activities license. Employer Liability ($1 M) is required with
and for completed operations. Workers Compensation.
Commercial General Liability to include Products —
Completion/OP, Personal and Advertising Injury, Contractual
Liability, Fire Damage (any one fire), and Medical Expenses
(any one person).
Automotive Liabilitv:
$1 M occurrence is 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 aze
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 ca same limits as listed above.
DAKOTA -11' x 26'
Dakota with chase has two multiuser fully accessible
flush restrooms. Standard features include simulated
barnwood textured walls, simulated cedar shake
textured roof, vitreous china fixtures, 4-gallon water
heoter, interior and exterior lights, off loaded, and
set up at site.
Base Price
$ 109,566.00 $ 109,566.00
�, ;��t;� ,:; . � . i ir
Final Connection to Utilities $ 5,000.00 ❑
Optional Wall Texture- choose one � Split Face Block ($5,500) o Custom Texture ($7,000) Reset Wall Texture
Optional Roof Texture ❑ Ribbed Metal $ 5,500.00
Individual User Option $ 24,500.00 ❑
Stainless Steel Water Closet (each) 4tY� 3 $ 1,750.00 ❑✓
Stainless Steel Lavatory (each) pty: 2 $ 1,500.00 ❑✓
Stainless Steel Urinal (each) Qty: 1 $ 1,500.00 ❑�
Electric Hand Dryer (each) Qty: 2 $ 700.00 ❑�
Electronic Flush Valve (each) Qty: 3 $ 1,500.00 ❑
Electronic Lavatory Faucet (each) Qty: 2 $ 1,500.00 ❑
Electronic Urinal Valve (each) Qty: 1 $ 1,500.00 ❑
Paper Towel Dispenser (each) Qty: 2 $ 350.00 ❑
Toilet Seat Cover Dispenser (each) Qty: 3 $ 350.00 ❑
Sanitary Napkin Disposal Receptacle (each) Qty: 2 $ 100.00 ❑
Baby Changing Table (each) Qty: 2 $ 750.00 ❑
Skylight in Restroom (eoch) Qry� 2 S 1,600.00 ❑✓
Marine Grade Skylight in Restroom (each) Qty: 2 $ 2,450.00 ❑
Marine Package (excluding fiberglass doors ond frames) $ 2,350.00 ❑
Exterior Mounted ADA Drinking Fountain w/Cane Skirt (each) Qty: 1 $ 5,600.00 ❑
2K Anti-Graffiti Coating $ 4,000.00 ❑
Optianol Door Closure (each) Qty: 2 $ 700.00 ❑
Fiberglass Entry and Chase Doors and Frames (eoch) Qty: 4 $ 3,300.00 ❑✓
Timed Electric Lock System (2 doors- does not include chase door) (each) Qty: 2 $ 1,350.00 ❑✓
Exterior Frostpraof Hose Bib with Box (each) Qty: 1 $ 1,200.00 ❑�
Total for Added Cost Options: $
Custom Options: Installation Surcharge (7,825), TrilogyBatteryOp LockSyst(incl.j
I accept this quote. Please process this order.
Company Name: CityofLubbock
ca+,e.ami«r
. � , ._ j-�-�•I10���11�. -� �
p ( � �-.� � 'I :�� .
� • � � �- --- -i �
. ��1r�
Engineering and State Fees: $
Estimated One-Way Transportation Costs to Site (quote): $
Estimated Tox: $
Total Cost per Unit Placed ot Job Site: $
Estimated monthly payment on S year lease $3,272.10
This price quote is good for 60 days from date below,
and is accurate and complete.
Ro be rt C. Digitally signed by
Robert C. Veals, Jr.
Date: 2023.09.14
Vea I s, J r. 09:37:39 -07'00'
CXT Sales Representative
Date
0.00
0.00
0.00
5,250.00
3,000.00
1,500.00
1,400.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3,200.00
0.00
0.00
0.00
0.00
0.00
13,200.00
2,700.00
1,200.00
31,450.00
7,825.00
4,000.00
9,950.00
162,791.00
$
12/12/2023
Tray Payne, Mayor
Date
Rev. 312022
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS
ACCEPTANCE OFTHIS PURCHASE ORDER.
CONTRACTOR ACKNOWLEDGES. bv supp�,ying�y Goods or Srn¢a that the Contractor has read. fully
understands. and wJl be m full comp6ance with all �em�s and condit�ons and the descriotive mataial contained herein
and anv add�tional associated documents and Amendments. The City d�sclaims anv terms and cond�tions uro.•�ded bv
the Contractor unlas agreed uoon in wriune bv the pames. In ihe evrn� of contl�ct between the Ci�v's tenns and
conditions and anv trnns and condrtions orovided bv the Contractor. �he terms and conditions oro�•ided haem shall
prevail. The tmns and conditions orovided haein are the fmal trnns aereed upon bv �he oarties. and anv prior
conFlictine trnns shall be o(no (orce or efTect.
I. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice.
Each shipping container shall be clearly and prnnanrntly marked az follows (a) Seller's name and address, (b)
Consignee's name, addras and purchase order or purchase release number and the supply agreement numFxr if
applicable, (c) Comaina number and total number of containers, e.g. box I of 4 boxes, and (d) �he number of the
containa bearing the packing slip. Seller shall bear cost of packaging unlas othenvise provided. Goods shall be
suitably packed to secure lowat transponalion costs and to con(orm with requircmems of common cartiers and any
applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not actompanied by
packing lists.
2. SHIPIvtENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goodc under
ramation and no �rnder of a bill of lading will operate as a trnder o(goods.
3. TITLE AND RISK OF LOSS. The �itle and risk of loss of the goodc shall not pass to Buyer until Buyer aaually
rxeives and takes possession of the goods at the point or points of delivery.
4. NO REPLACEf�NT OF DEFECTIVE TENDER. Every tenda of delivery of goods must lullycomplywi�h all
provisions of Ihis contract as to time of delivery, qualityand the like. If a trnder it made which doa not fully conform,
Ihis shall constilute a breach and Sella shall not have Ihe right to substitute a tonfom�ing Irnda, provided, where the
time for per(ormance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may
thrn make a conforming trnda within the comraa �ime but not aflmvard.
5. INVOICES & PAYWIENTS. a. S e I I e r shall submit separace invoica, in duplicate, one each purchase order or
purchase release afler each delivery. Invoices shall indicate the purchaze orda or purchace release number and
the supply agreement number if applicable. Invoica shall be itemized and transponation charges, if any, shall be
listed separately. A copy of the bill of lading, and the Geight waybill when applicable, should be anached to the
invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texaz 79457. Payment shall nol
be due until the above instnunents are submitted afla delivery.
6. GRATUITIES. The Buyer may, by writtrn notice to the Seller, canml this contrea without liability to Seller if
it is detrnnined by Buyer �hat gratuiti�s, in the (orm o( rn�ertainment, giRs or othmvise, wae offaed or given by the
Seller, or any agent or represrntative of the Seller, to any ofticer or employee of the Ciry of Lubbock with a view to
securing a contrac� or securing favorable treatmen� with respect �o the awarding or amrnding, or the making of any
determinations with rapect to the pcfonning of such a comraa. In the evem this contraa is canceled by Buyer
pursuant �o this provision, Buy+er shall be rntitled, in addition to any o�ha rights and remedia, to recova or withhold
the amount of the cost incurted by Seller in providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPIviENT. If �he price stated on the face hereof includa the cost of any special
tooling or special test equipment fabricated or requved by Seller for the pu`pose of filling Ihis order, such special
tooling equipmrnt and any proc�s sheets related thaeto shall become the property of �he Buyer and to the extrnt
feasible shall be identified by the Sella as such.
8. WARRANTY-PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which
Sella wartants to be no higher than Seller's currrnt proc�cs on orders by others (or products of the kind and
specifica�ion covaed by this agreement for similar quantitia under similar of like condilions and methods of purchase.
In the event Seller breaches this warranty, the prices of the items shall be reduced ro the Seller's cunrnt prica
on orders by others, or in �he altemative. Buyer may cancel this wmraa withou� liabiliry to Seller (or breach
or Seller's acmal expense. b. The Sella warrants that no person or selling agency haz been employed or raained to
solicit or secure this contran upon an agreemrnt or understanding for commission, percrntage, brokerage, or contingent
fee excepting hona fide employees of bona fide established commacial or selling agrncies mainlained by the Seller for
the purpose of securing business. For breach o( viciation of this warranty the Buyer shall have the right in addition to
any otha right of rights �o cancel this contract wi�how liabili�y and to dedun Gom the contrac� prim, or othmvise
rceover without liabilityand �o deduct from the contract price, or othmvise raovathe full amount ofsuch commission,
percrntage, brokerage or comingent fee.
9. WARRANTY-PRODUCT. Seller shall nol limit or exclude any 'unplied wartanlia and any anempt to do so shall
rrnder this contrac� voidable at the option of the Buyer. Sella warrams that �he goods furnished will conform to the
specification, drawings, and dacriplions listed in the bid invitation, and lo the sample(s) fumished by the Sella, if any.
In �he event of a conflict or Ixtween the spaifications, drawings, and descriptions, the spocifications shall govem.
Notwiths�anding any provisions contained in the contraaual agreement, the Seller represents and warrants (ault-Gee
performance and fault-Gee rault in the procasing date and date rcla�ed data (including, but not limited ro calculating,
comparing and saquencing) of all hardware, soRware and firmware products delivered and servica provided under
this Contract, individually or in combination, as the cau may be Gom the efTective date of this Con�ract. The
obligations contained herein apply �o products and srnices provided by the Seller, its sub- Sella or any th'vd party
involved in the creation or developmrnt of the products and urvices to be delivaed to the City of Lubbock unda this
Contraa. Failure to comply wi�h any of the obligations contained haein, may rault in the Ciry of Lubbock
availing itself of any of its rights under �he law and under �his Contraa including, but wt limited �o, its right pertaining
to termination or default. The warramies comained herein are separate and discrae Gom any other wartantis
specified in this Contract, and are wt subject to any disclaima of wartanty, implied or exprased, or limitation of the
Seller's liabilily which may be specified in this Contract, its apprndices, its uhedula, its annexes or any documenl
incorporated in this Contract by referrnce.
10. SAFETY WARRANTY. Seller warrants tha� the produa sold to the Buyer shall conform to the standards
promulgated by the U. S. Depanmrnt ot Labor under the Occupational Safayand Health Act of 1970. In the evem the
product does oot conform lo OSHA standards, Buyer may retum the produa (or cortection or replacement al the
Seller's expence. In the event Seller fails to make the appropriate cortection within a reasonable t'une, corcmion
made by Buytr will be at the Seller's expense.
1 I. NO WARRANTY BY BUYER AGAINST INFRINGEI�NTS. As part of this contract for sale Sella agrees
ro ascMain whether goods manufacmred in accordance with the spexifications attached to this agreemenl will give
rise to the rightful claim of any third person by way of in&ingement of the like. Buya makes no warranry tha� the
produaion of goods according to the specification will not give rise to such a claim, and in no evrnt shall Buyer be
liable to Seller for indannification in the event that Sella is sued on the grounds of infringement of �he like. If Seller
is of the opinion that an infringement or the like will rault, he will notify the Buyer to this efkct in wri�ing wi�hin nvo
weeks after the signing of this agreement. If Buya does not raeive notice and is subsequently held liable (or
Ihe inGingement or Ihe like, Sella will save Buyer harmlas. If Sella in good faith azcMains the produMion of the
goods in accordance with �he specifications will rosult in inGingement or the like, the comraM shall Ix null and void.
12. NON APPROPRIATION. All funds for payment by the Ciry unda this contract are subject ro the availabiliry of an
annual appropriation for this purpose by the City. In the evrnt of nonappropriation of funds by the Ciry Council of the
City of Lubbock (or the goodc or services provided unda the contract, the Ciry will �rnninate the contract, without
�rnnina�ion charge or other liability, on �he last day of the thrn•curtm� fival year or when the appropriation made for
the thrn-curtent year for the goods or smices covered by this contran is sprnt, whicheva event occurs first. If at any
time funds are no� appropriated for the continuance of this comract, cancellation shall Ix accepted by the Seller on
thiny (30) days prior writtrn no�ice, but failum to give such notice shall be of no effec� and �he Ciry shall not Ix
obligated unda this contmct beyond the date of trnnination.
13. RIGHT OF MSPECTION. Buytr shall have the righ� ro inspect the goods at delivery beforo accepting them.
14. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivaed portion of
this order if Seller breaches any of the tmns hereof including wartantia of Seller or if the Seller Ixcoma insolvent or
commits acts of bankmptcy. Such righ� of cancellation is in addition to and not in lieu of any otha remedies which
Buyer may have in law or equity.
I5. TERMINATION. The performance of work undtt Ihis order may be lermina�ed in whole, or in part by the Buyer
in accordance with th�s provision Trnninat�on of work haeunder shall be e(fxted by the dehvery of the Sella of
a"Not�ce of Trnnination" specifymg the extrnt to which performance of work undtt the order �s tertnmated and the
date upon wh�ch such trnnmat�on becomes effec�rve Such nght or �ammaiion a in addrtion to and not in lieu of Ihe
rights of Buyer set forth in Clause 14, herein.
16. FORCE MAIEURE. Nerther pany shall be held responsibk for lossa, resulting i(the fulfillment of any
trnns of provisions of this contract is delayed or prevrnted by any cause not within the contml of �he pany ahose
performance is interfered with, and which by the exercise o(reasonable diligence sa�d pany is unable to provrnt
17 ASSIGNMENT-DELEGATION. No righl or interest in this contract shall Ix assigned or delegation ot any
obligatwn made by Seller without �he writtrn pcKmission of the Buyer. Any anempted acsignment or delega�ion by
Sella shall be wholly void and totally ineffective for all purpose unlas made in con(ormilywith Ihis paragraph.
18, WAIVER. No claim or right arising out of a breach of �his contraa can be d�scharged in whole or in pan by a
warver or rrnuncia�ion of the claim or right unless the waiver or rmuncialion is supported by considttation and �s m
.�ri�ing signed by the aggrieved party.
19. INTERPRETATION•PAROLE EVIDENCE. This writing, plus any sp«ifications (or bids and performance
provided by Buyer in its advrnisement for bids, and any otha documents provided by Sella az part of h�s bid,
is m�ended by the parties as a final expression of the'v agreement and intrnded also u a complete and exclusrve
s�atemenl of �he Im��s of the'v agreement. Whenever a Imn defined by �he Uniform Commttcial Code is used in this
agreemenl, the definition conlained in the Code it to control.
20 APPLICABLE LAW. This agreement shall be govemed by the Uniform Commacial Code. Whaeverthetertn
"Uniform Commercial Code" is used, it shall be consWed as meaning the Uniform Commacial Code as adopled m
the State of Texas as e(fective and in force on the dace o(this agreement.
21. RIGHT TO ASSURANCE. Whenever one party �o �his contrea in good faith hac reazon �o ques�ion the otha
pany's imrnt �o perform he may demand that �he other pany give written assurance of his intent to perform. In �he
evem that a demand is made and no assurance is given within five (5) days, the demanding party may trwt �h�s
failure as an anticipatory repudiation of the contract.
22 MDEWWIFlCATION. Seller shall indemni(y, keep and save harmlas the Buyer, its agmts, officials and
employxs, against all injuries, dwths, loss, damaga, claims, patrnt claims, suits, liabilitia, judgmems, cos�s and
expensa, which may in any�vise accrue against the Buyer in consequence of �he granting of this Contract or which
may anywise rault thereG�m, whe�ha or not it shall be alleged or detertnined that �he ac� was caused through
negligrnce or omission of Ihe Seller ar its employees, or of Ihe subSeller or assignee or its employees, if any, and �he
Seller shall, at h�s own expense, appear, defead and pay all charges of anomeys and all costs and otha expensa
arising therefrom of mcurred in connection theravnh, and if any�udgmem shall be rrndaed against the Buyer in any
such action, the Seller shall, at its o�w expenses, satisfy and discharge the same Sella expressly understands and
agrea that any bond required by this contrazt, or othmvise provided by Sella, shall in no way limit the
responsibiliry to indemmfy, keep and save harmlas and defend the Buyer as herein provided.
23. TII�. It �s hereby expressly agrecd and understood that tune �s of the essence for the performance of th�s
comraA, and faJure by contract to meet the tune specificationt of this agreement will cause Seller to be in default
of Ihis agreement.
24. MBE. The C�ty of Lubbock haeby nqtifia all bidders that m regard ro any contract rntered into pursuant �o
�his requat, minority and women business entefprisa will be afforded equal opportuni�ia to submit bids in raponse
lo Ihis invitation and will nat be discriminated against on the grounds of race, color, sex or natural origm in
coreidaation for an award.
25. NON-ARBITRATION The Cityresaves �he right ro exercise any nght or remedy to it by law, contract, equiry, or
othmvise, mcludmg withum limita�ian, the right ro seek any and all forms of relief in a court of competrnt
jurisdiction Fwther, the Cily shall not be subjxt lo any arbrtralion procas pnor to exercising its unrestneted
right to seek judicial remedy. The remedies sd fonh herein are cumulative and not exclusive, and may be exacised
concurrrntly. To �he ex�ent o(any conFlict between �his provision and another provision in, or related to, this document,
Ihis provision shall control.
26. RIGHT TO AUDIT A� any time during the tertn of the contract, or thaeafter, the City, or a duly authorized
audit reprarntative of the City or Ihe Slate of Texac, at its expense and al reaconable Yvnes, resrnes lhe righl to
audit Contractor's recordc and books relevant �o all smica provided to tAe Ciry under this Comract. In the event such
an audit by the C�ry reveals any mors ar overyayments by the City, Contraaor shall refund the City the full amount
of such ovapaymrnts wrthm thirty (30) days of such audit findmgs, or Ihe Qty, at its optioq reserves the right to
deduct such amounts owing the City Gom any payments due Contractor.
27. The Contractor shall not assign or sublet the contract, or any ponion of Ihe con[ract, ���thout wrinrn consenl Gom
the Dvector of Purchuing and Contract Managemrnt.
28. Contraas with Companies Engaged in Business wi�h Iran, Sudan, or Foreign Tertorist Organization Prohibited
Pursuant to Saction 2252J 52 of the Texas Govemment Code, prohibits the Qty 6rom rntering into a contract with a
vendor lhat �s idrntified by The Comptroller az a company kno�m [o have contracts with or provide supplia or smice
with Iran, Sudan or a foreign trnorist organ'vation
29. Texas Govemment Code. Section 2252.908 requ'ves a business em�ry entenng into cenain contraas with a
governmemal rntity or state agrncy �o file with the govemmental rntiry or state agrncy a disclosure of imerested panies
al the tune the businas rntity submits the signed contraa to the govemmenlal rntily or slate agrncy. InstruMions for
completmg Form 1295 are available at: hlm:��.vuw.=i.Eubbock.Ix.usdcnaAmrnlal-
Wi�51(L�SiCPtih mcnis ��9Y, �endo[-inForrtal icm
30. No Boycott of Israel. Pursuant �o Section 2271.002 of the Texas Govemment Code, Respondrnt cenifies that
either (i) it meels an exemption cri�eria unda Sation 2271.002; or (ii) it does not boycon Israel and will not boycott
Israel during �he trnn of the contract resulting Gom this solicitation. Rcspondent shall sta�e any facts that make it
exempt Gom the boycott cenification in i�s Raponse.
31. No Boycon of Enagy Companies. Pursuant to Section 2274 of the Texas Governmrn� Code, Respondrnt
certifies �hat eitha (i) it meas an exemption critaia under Section 2274.002; or (ii) �t does not boycott Energy
Compames and will wt boycon Enagy Companies during the �rnn of the contract resulting Gom this solicitation.
Rapondrnt shall state any facts that make it exempt from the boycott cenification in its Response.
32. No Boycott of a F'vearm Entity or F'veartn Trade Asmciation. Pursuant to Section 2274 of the Texaz
Govemmem Code, Rapondrnt cMifia that either (i) it meets an exemphon criteria under Section 2274.002; or (ii) it
does not boycott a Firearm Entity or Firearm Trade Association and will not boycon a F'vearm Fntity or Firearm
Trede Association during the trnn of the wntraa raulting from this sohcita�ion. Respondent shall state any fac�s that
make it exempt Crom the boycon certification in its Response
33. Contracts with Companies Engaged in Businas with Iran, Sudan, or Fomgn Terrorist Organization Prohibited.
Pursuam to Section 2252.152 of the Texu Govemment Code, proh�bns the Ciry Gom emaing inro a contraa wrth a
vendor that ¢ identified by The Comptroller as a company kno�w to have contracts with or provide supplies or
srnice with Iran, Sudan or a foreign �ertorist organization
34. TEXAS PUBLIC MFORMATION ACT. The roqu'vements of Subchapta 1, Chapta 552, Govemment Code,
may apply to this contraa and the mntraaor or vendor agrea tha� the contraa can be terminated if the contractor or
vendor knowingly or intrntionally fails to comply with a requvement of tha� subchapter.
35 Pursuant to Section 552301(c) of the Texas Govertunent Code, the City of Lubbock hu designated the following
email addras for which public informa�ion requats may be made by an emailed requat: ��r�vkuhbock.sss. Please
send th�s request to this email address for it to be processed
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.
1. ORDERING ADORESS(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 Iocation 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. Site must allow for the crane to be within three feet
of the building location and the truck to be within three feet of the crane.
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
Sourcewell. �
A�varded concracc
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 http://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
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-�/�% 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: All orders are cash in advance. At CXT's discretion,
credit may be given after approval of credit application. Payment to CXT by
the purchaser of any approved credit amount is net 30 days after submission
of invoice to purchaser. 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 (S) day grace
period) from the date of the invoice. Under no circumstance can retention
be taken. If CXT initiates legal proceeding to collect any unpaid amount,
purchaser shall be liable for all of CXT's costs, expenses and attorneys' fees
and costs of any appeal.
8. LIMITATION OF REMEDIES: In the event of any breach of any obligations
hereunder; breach of any warranty regarding the goods, or any negligent
act or omission of any party, the parties agree to submit all claims to binding
arbitration. Any settlement reached shall include all reasonable costs
including attorney fees. In no event shall CXT be subject to or liable for any
incidental or consequential damages. Without limitation on the foregoing,
in no event shall CXT be liable for damages in excess of the purchase price
of the goods herein offered.
9. DELIVERY INFORMATION: All prices F.O.B. origin prepaid and added to
invoice. CXT operates three (3) manufacturing plants in the United States
and will deliverfrom 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, K5, 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.07/24/2023
OPTIONS
Exterior Color(s) (For single color mark an X. For two-tone combinotions use W= Walls and R= Roof.)
Amber Rose Berry Mauve W Buckskin Cappuccino Cream
Charcoal Grey Coca Milk R Evergreen Georgia Brick
Golden Beige Granite Rock Hunter Green Java Brown
LibertyTan Malibu Taupe Mocha Caramel Natural Honey
Nuss Brown Oatmeal Buff Pueblo Gold Raven Black
Rich Earth Rosewood Sage Green Salsa Red
Sand Beige Sun Bronze
Special roof color #
Special trim color #
Toasted Almond
Special wall color #
Western Wheat
StOne Colol'(Mork option with on X.) *lf option is not ovoilable, verify stone option is se%cted on previous poge.
Basalt* Mountain Blend* Natural Grey* Romana*
Roof Textu re *lf option is not ovoilable, verify roof texture option is se%cted on previous poge.
Ribbed Metal*
WOII TtXturt(S) (Forsingle texture mark an X. For top and bottom textures use T= Top and 8= Bottom.)
*If option is not available, verify wall texture option is selected on previous page.
Split Face Block* Horizontal Lap* Board � Batt* Stucco*#
Brick*# Distressed Wood*#
Stone Woll Texture (bottom texture only) *If option is not ovoilable, verify stone option is selected on previous page.
Napa Valley*# River Rock*# Flagstone*# Stacked Rock*#
#Textures not included in CXT's quote are additional cost.
Door Opener
�Non-locking ADA Handle
Deadbolt �
Accessible Signage
❑✓ Men
Toilet Paper Holder
�2-Roll Stainless Steel
Notes:
� Privacy ADA Latch
❑✓ Women
a 3-Roll Stainless Steel
�Pull Handle/Push Plate
❑Unisex
cxtinc.com
800.696.5766
h
os er
CXT� Products
RE: HB 1295
To whom it May Concern:
Please be advised that CXT, Inc (a wholly owned subsidiary of LB Foster) as of June 1999 is exempt under the laws of the
State ofTexas from completing/supplying Form HB 1295.
A completed Form HB 1295 is not required if a contract with a publicly traded business entity (including wholly owned
subsidiaries of the entity). LB Foster is a publicly traded company listed on the NASDAQ under the symbol—FSTR. See
below more info on LB Foster.
Contact me if you have any questions.
l.B. Foster Brands
L.B. Foster� (NASDAQ: FSTR) operates individual business units that specialize in energy, transportation, and construction
infrastructure products and services. These groups manage worldwide customer support from manufacturing, distribution,
and sales facilities located in the United States, Canada, and the United Kingdom.
Parent Brand•
LBFoster
Established in 1902, L.B. Foster Company is a U.S. headquartered company specializing in worldwide transportation and
energy infrastructure industries. L.B. Foster provides a unique combination of capabilities and solutions to meet the
challenges that matter most to our customers. Our innovative technology and new product offerings are defining L.B.
Foster as the solutions leader in rail, energy, and construction markets.
L.B. Foster uses a mix of brand architecture solutions to build and protect its diverse businesses. The Company
operates its worldwide businesses under the corporate brand, L.B. Foster, as well as through several standalone brands,
and brands endorsed by its corporate brand.
Stand Alone Brands:
CXT� Incorporated, a wholly owned subsidiary of L.6. Foster Company, manufacturers concrete ties for freight and
passenger railroads and industrial companies, and concrete restrooms, concession stands, and other protective storage
buildings for national, state, and municipal parks. The products are manufactured in I50 9001: 2015 registered facilities in
Spokane, WA and Hillsboro, TX, as well as through our wholly owned subsidiary, Carr Concrete in Waverly, WV.
Sincerely,
�6o�,t-�' 1/�, . �e6. /S, 20�
Robert C. Veals, Jr.
Sales Manager, South Central Region
CXT, Incorporated
254.404.5147_rvea Is @ I bfoster.com
Changes to Form 1295
Changes to the law requiring certain businesses to file a Form 1295 are in effect for
contracts entered into or amended on or after January 1, 2018. The changes exempt
businesses from filing a Form 1295 for certain types of contracts and replace the
need for a completed Form 1295 to be notarized. Instead, the person filing a 1295
needs to complete an "unsworn declaration."
What type of contracts are exempt from the Form 1295 filing requirement
under the amended law?
The amended law adds to the list of types of contract exempt from the Form 1295
filing requirement. A completed Form 1295 is not required for:
• a sponsored research contract of an institution of higher education;
• an interagency contract of a state agency or an institution of higher education;
� a contract related to health and human services if:
o the value of the contract cannot be determined at the time the contract
is executed; and
o any qualified vendor is eligible for the contract;
• a contract with a publicly traded business entity, including a wholly owned
subsidiary of the business entity;*
• a contract with an electric utility, as that term is defined by Section 31.002,
Utilities Code;* or
• a contract with a gas utility, as that term is defined by Section 121.001,
Utilities Code. *
The newly exempt contract types are marked with an asterisk.
Why do I need to include my date of birth and address when I sign Form 1295?
Was this always the case?
In 2017, the legislature amended the law to require Form 1295 to include an
"unsworn declaration" which includes, among other things, the date of birth and
address of the authorized representative signing the form. The change in the law
applies to contracts entered into, renewed, or amended on or after January l, 2018.
The unsworn declaration, including the date of birth and address of the signatory,
replaces the notary requirement that applied to contracts entered into before January
1, 2018.