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Home My WebLink AboutContract 58526-A1CSC No. 58526-Al FIRST AMENDMENT OF FORT WORTH CITY SECRETARY CONTRACT NO. 58526 A COOPERATIVE PURCHASE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CXT INCORPORATED This FIRST AMENDMENT OF FORT WORTH CITY SECRETARY CONTRACT NUMBER 58526 ("First Amendment") is made between the CITY OF FORT WORTH ("City"), a home - rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and CXT INCORPORATED ("Vendor"), a Delaware corporation, acting by and through its duly authorized representative. City and Vendor are referred to herein individually as a ("Party") and collectively as the ("Parties"). WHEREAS, on December 1, 2022, the City and Vendor entered into a Cooperative Purchase Agreement for the purchase of portable modular buildings, the same being Fort Worth City Secretary Contract ("CSC") No. 58526 ("Agreement"); WHEREAS, it is the collective desire of the Parties to amend the Agreement to provide an updated quote from the Vendor; and NOW THEREFORE, the City and Vendor agree to amend the Agreement as follows: I. City and Vendor hereby agree to amend the Agreement, to provide an update quote from the Vendor, as set forth in Exhibit A-1 attached hereto and incorporated herein by reference. II. 1. All other terms and conditions of the Agreement remain in full force and effect except as specially set forth in this First Amendment. 2. All terms of this First Amendment that are capitalized but not defined have the meanings assigned to them in the Agreement. (Signature page follows) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment of CSC No. 58526 Page 1 of 2 IN WITNESS WH REOF, the Parties hereto have executed this First Amendment in multiples. City: By: op*� Name: Jesica McEachern Title: Assistant City Manager Date: Feb 28, 2023 Vendor: ggbof''f- n Yeg& 1" By: Robert C. Vea is, Jr (Feb 10, 2023 11:00 MST) Name: Robert Veals Title: South Central Territory Sales Manager Date: Feb 10, 2023 FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: By: Name Title: Dave Lewis Acting Director Park & Recreation Department Approved as to Form and Legality By: Name Title: ALL Nice Arias (Feb 8, 2023 16:30 CST) Nico Arias Assistant City Attorney Contract Authorization: M&C: N/A Form 1295: N/A Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name: Craig Fox Title: City Forester Park & Recreation Department City Secretary: By: Name: Jannette S. Goodall Title: City Secretary oovopp v FORTo09d° p�8 `.I° duo=d ,o *� aa>i nBX 45�ga OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment of CSC No. 58526 Page 2 of 2 Quote #--RCV FtWrth 1.10.23 F-4,v L 'Aki id Exhibit A-1 ' TIPS CONTRACT # AWARDED VENDOR 1-t-t#21020201 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 PAYMENT ADDRESS(ES): Remitting by check: CXT, Inc., PO Box 676208, Dallas, TX 75267-6208 Remitting by ACH or wire transfer: Beneficiary: CXT, Inc. Beneficiary Bank: PNC Bank, Pittsburgh, PA Account:1077766885 ABA/Routing:043000096 Email remittance details to AR@Ibfoster.com 4. WARRANTY PROVISIONS: CXT provides a one (1) year warranty. The warranty is valid onlywhen concrete is used within the specified loadings. Furthermore, said warranty includes only the related material necessary for the construction and fabrication of said concrete components. All other non -concrete components will carry a one (1) year warranty. CXT warrants that all goods sold pursuant hereto will, when delivered, conform to specifications set forth above. Goods shall be deemed accepted and meeting specifications unless notice identifying the nature of any non -conformity is provided to CXT in writing within the specified warranty. CXT, at its option, will repair or replace the goods or issue credit for the customer provided CXT is first given the opportunity to inspect such goods. It is specifically understood that CXT's obligation hereunder is for credit, repair or replacement only, F.O.B. CXT's manufacturing plants, and does not include shipping, handling, installation or other incidental or consequential costs unless otherwise agreed to in writing by CXT. This warranty shall not apply to: 1. Any goods which have been repaired or altered without CXT's express written consent, in such a way as in the reasonable judgment of CXT, to adversely affect the stability or reliability thereof; 2. To any goods which have been subject to misuse, negligence, acts of God or accidents; or 3. To any goods which have not been installed to manufacturer's specifications and guidelines, improperly maintained, or used outside of the specifications for which such goods were designed. 5. TERMS AND CONDITIONS OF INSTALLATION (IF APPLICABLE): All prices subject to the "Conditions of Sale" listed on the CXT quotation form. Customers are responsible for marking exact location building is to be set; providing clear and level site, free of overhead and/or underground obstructions; and providing site accessible to normal highway trucks and sufficient area for the crane to install and other equipment to perform the contract requirements. Customer shall provide notice in writing of low bridges, roadway width or grade, unimproved roads or any other possible obstacles to access. CXT reserves the right to charge the customer for additional costs incurred for special equipment required to perform delivery and installation. Customers will negotiate installation on a project - by -project basis, which shall be priced as separate line items. For more information regarding installation and truck turning radius guidelines please see our website at 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 1-1h% of contract price per month or any part of any month will be charged. **Customer is responsible for all local permits and fees. 6. DELIVERY CHARGE: All prices F.O.B. origin prepaid and added to invoice. CXT operates three (3) manufacturing plants in the United States and will deliver from the closest location on our carriers. 7. PAYMENT TERMS: Payment to CXT by the purchaser shall be made net 30 days after submission of the invoice to the purchaser on approved credit. Interest at a rate equal to the lower of (i) the highest rate permitted by law; or (ii) 1.5% per month will be charged monthly on all unpaid invoices beginning with the 35th day (includes five (5) day grace period) from the date of the invoice. Under no circumstance can retention be taken. If CXT initiates legal proceeding to collect any unpaid amount, purchaser shall be liable for all of CXT's costs, expenses and attorneys'fees and costs of any appeal. 8. LIMITATION OF REMEDIES: In the event of any breach of any obligations hereunder; breach of any warranty regarding the goods, or any negligent act or omission of any party, the parties agree to submit all claims to binding arbitration. Any settlement reached shall include all reasonable costs including attorney fees. In no event shall CXT be subject to or liable for any incidental or consequential damages. Without limitation on the foregoing, in no event shall CXT be liable for damages in excess of the purchase price of the goods herein offered. 9. DELIVERY INFORMATION: All prices F.O.B. origin prepaid and added to invoice. CXT operates three (3) manufacturing plants in the United States and will deliver from the closest location on our carriers. Use the information below to determine the origin: • F.O.B. 6701 E. Flamingo Avenue, Building 300, Nampa, ID 83687 applies to: AK, CA, HI, ID, MT, ND, NV, OR, SD,LIT WA, WY. • F.O.B. 901 North Highway 77, Hillsboro,TX 76645 applies to AR, AZ, CO, IA, KS, LA, MN, MO, MS, NE, NM, OK,TX. • F.O.B. 362 Waverly Road, Williamstown, WV 26183 applies to AL, CT, DE, FL, GA, IL, IN, KY, MA, MD, ME, MI, NC, NH, NJ, NY, OH, PA, PR, RI, SC, TN, VA, VT, WI, WV. • Prices exclude all federal/state/local taxes. Tax will be charged where applicable if customer is unable to provide proof of exemption. Rev.0511712022 Cortez with chase restroom building. Standard features include simulated barnwood texture walls, simulated cedar shake textured roof, vitreous china fixtures, interior and exterior lights, off loaded and set up at site. Cortez 10' 3" X 17- Commercial Base Rate--$69,542 Savings $6,954.--See details Notes bottom page 3 *Base Price 53955.00 Restroom* 53955.00 Qty: = 0 Shower* 65250.00 Qty: = 0 Family Assist Shower/Restroom Combo* 62955.00 Qty: = 0 Storage 49950.00 Qty: = 0 Concession* 62550.000ty: = 0 *Includes 4-gallon water heater. Added Cost Options: Final Connection to Utilities Total Optional Sections Price Per Unit $ 3500.00 ❑✓ 0 3500 Optional Wall Texture-chooseoneO Split Face Block($4,000) Struck Trowel ($4,000) 0 Stone($5,000) 0 (per dioN Optional Roof Texture-chooseone ❑ Delta Rib $ 4000.00 0 Insulation / Heaters $ 19500.00 ❑ 0 Stainless Steel Water Closet (each) Qty: $ 1500.00 ❑ 0 Stainless Steel Lavatory (each) Qty: $ 1100.00 ❑ 0 Electric Hand Dryer (each) Qty: $ 700.00 ❑ 0 Electronic Flush Valves (each) Qty: $ 750 ❑ 0 Electronic Lavatory Faucets (each) Qty: $ 750.00 ❑ 0 Exterior Mounted ADA Drinking Fountain (each) Qty: $ 4500.00 ❑ 0 Optional Door Closure (each) Qty: $ 450 ❑ 0 Skylight in Restroom (each) Qty: $ 950.00 ❑ 0 Marine Grade Skylight in Restroom (each) Qty: $ 2450.00 ❑ 0 Marine Package for Extra Corrosion Resistance (per section) $ 2450.00 ❑ 0 Fiberglass Entry and Chase Doors and Frames Qty: $ 1000.00 ❑ 0 Tile Floor in Restroom (per section) $ 4500.00 ❑ 0 2K Anti -Graffiti Coating (per section) $ 3500.00 ❑ 0 Timed Electric Lock System (2 doors - does not include chase door) Qty: $ 600.00 ❑ 0 Exterior Frostproof Hose Bib with Box (each) Qty: $ 500 ❑ 0 Paper Towel Dispenser (each) Qty: $ 200.00 ❑ 0 Toilet Seat Cover Dispenser (each) Qty: $ 100 ❑ 0 Sanitary Napkin Disposal (each) Qty: $ 75.00 ❑ 0 Baby Changing Station (each) Qty: $ 675.00 ❑ 0 CXT Wastebasket (each) Qty: $ 150.00 ❑ 0 Total Cost of Selected Accessories from Accessories Price List: $ 3500 Custom Options: Xtra Crane Costs-8hr min (6350), 2023 Price Increase (8,633) $ 14983 Engineering and State Fees: $ 3800 Estimated monthly payment on 5 year lease 1647.95879999! This price quote is good for 60 days from date below, and is accurate and complete. CXT Sales Representative Date Estimated One -Way Transportation Costs to Site (quote): $ 5750 Estimated Tax: $ Total Cost per Unit Placed at Job Site: $ 81988 Disclaimer. Please call to confirm selected sections are compatible. I accept this quote. Please process this order. Company Name Customer AWARDED VENDOR Date Exterior Color Options (For single color mark an X For two-tone combinations use W = Walls and R = Roof.) Amber Rose Liberty Tan Berry Mauve Sage Green Toasted Almond Oatmeal Buff Buckskin Rosewood Sun Bronze Golden Beige Mocha Caramel Malibu Taupe Sand Beige Natural Honey Salsa Red Java Brown Pueblo Gold Cappuccino Cream Coca Milk Raven Black Granite Rock Georgia Brick Western Wheat Nuss Brown Rich Earth Charcoal Grey Hunter Green Evergreen Special roof color # Special wall color # Special trim color # Rock Color Options ❑ Basalt Roof Texture Options ❑✓ Cedar Shake ❑ Mountain Blend ❑ Ribbed Metal ❑ Natural Grey ❑ Romana Wall Texture Options (For single color mark an X. For top and bottom textures use T = Top and B = Bottom.) X Barnwood Split Face Block Stucco/Skip Trowel Horizontal Lap Board & Batt Napa Valley Rock Brick I Flagstone (Textures not included in CXT's quote are additional cost.) Door Opener Options ❑ Non -locking ADA Handle Deadbolt Option ❑✓ CXT supplied Accessible Signage Options ❑✓ Men Toilet Paper Holder Options 2-Roll Stainless Steel ❑✓ Privacy ADA Latch ❑✓ Women ❑✓ 3-Roll Stainless Steel ❑ Pull Handle/Push Plate ❑ Unisex River Rock Notes: 2023 Commercial Base Price--$69,542.00 2022 Base Price--$53,955.00 + $8,633.00 (2023 Price Increase) cxtinc.com _ $62,588.00. $69,542.00 - $62,588.00 = $6,954.00 Savings using TIPS Contract 800.696.5766 0