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12/20/2022 Resolutions 2022-363R E S O L U T I O N 2022-363 WHEREAS, George and Ryder Parks are two of Grand Island's largest and most popular city parks; and WHEREAS, both parks currently have restroom facilities that have been identified as � a priority for improvement and budgeted for replacement this fiscal year; and WHEREAS, the Parks and Recreation Department is recommending replacing the east restroom at Ryder Park and the George Park restroom with a modern precast concrete building; and WHEREAS, the Sourcewell Cooperative Buying Group ("Sourcewell") has in place a supplier contract with CXT, Inc. of Dallas, Texas under Sourcewell Contract #081721-CXT ("CXT Contract") for precast concrete restroom buildings that meet the requirements for the City's use at Ryder Park and George Park; and WHEREAS, pursuant to Grand Island City Code §27-63, the City's Purchasing Agent has determined that Sourcewell has procured the CXT Contract using policies and procedures that meet or exceed the City's procurement requirements; and WHEREAS, the cost of each restroom building under the CXT Contract is $247,955.00 and the total for two (2) restroom buildings is $495,910.00; and WHEREAS, the purchase of the two precast concrete restroom buildings will be funded through the Food & Beverage Tax. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase agreements for the acquisition of two modern precast concrete restroom buildings from CXT, Inc., of Dallas, Texas under Sourcewell Contract #081721 in the total amount of $495,910.00, attached hereto and incorporated herein as Exhibits A and B, are hereby approved. BE IT FURTHER RESOLVED, that the Mayor and designee are, and shall be, authorized to execute all contracts and agreements necessary to effect such purchases. Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2022. � ` Rog . Steele, Mayor Attest: K c�.rz, �(� r.� RaNae Edwards, City Clerk / Approved as to Form � December 19, 2022 tt City Attorney Docu5ign En�elope 10: 58150002-1826-04SQ-S905.6B29684CP757 081721-CXT Sou rcevu�l I �i►- Solicitation N�mber: RFP 081721 CONTRAC7 This Contract is between SaurceuveH, 20212th S#reet Northeast, P.�. Bax z�.9, Stapfes, MN 56�79 j5ourceweflJ and CXT Ir�corparated, 6Q6 N. Pines Road, Suite 202� Spokane Valtey, WA 99Zd6 tSupp�ierj. Saurceweii is a State af Minnesota local gavernrrtent unit and service caoperative created under the ]aws of the S#ate Qf Minnesota {Minnesota Statutes Section 123A.21) that offers cooper�ti�e procurement svltrtions to go�ernr�rent entities. Participafiian is apen to eligibls federal, state/pro�ince, anc� municipal gpvernmental entities, higher education, K-1Z educati�n� nonprofit, #ribal gavernment, and other publie entities located in the United 5tates and Canada. 5ourcewel! issued a public sofici#ation fvr Restraom and Shower Faciiity Soiutions �rom whieh Supptier was awarded a cantract. 5upplier desires to contract with Saurcewel{ to provide equipment, products, ar services to Sourcewell and the entities that access Sourcewel!'s cooperative purchasing car�tracts (�ertitipating fn�ities). 1. 1'ERM OF CONTRACT A. E�FECiIVE DATE. This Contract is effective �pon #he date of the fina! signature below. B. ExP�RATION DATE AiVD EXi'ENS�ON. This Can�ract expires Oeiober 15, 2a25, unfess it is cancelle� sooner pursuant #o Articfe 22. This Contract may be extended ane additional year upon the request of Sourcewell and written agreement by Suppiier. C. SliitVIVA1 OFTERMS. Notwithstanding �nyexpiration artermination ofthis Con#ract, all payment ob(igations incurred prior to expiration or termination wifl survive, as wifl the following: Artic(es 1,1 through 7.4 survi�e the expiration ar cancellation of this Contract. AI! other rights wiF! cease upon expiratian or termination of this Contract. 2. EQUIPMEN% PFiODUCFS, OR SERVICES A. EQUIPM£NT, P�t�DtJCTS, OR 5ERVIC£S. 5u�splierwiil pravide tk�e fc{uipmen#, Praducts, �r Services as stated in its Ptaposal submitted under the Solicita#ion Nurr�ber listed abo�e. Rev. 3/2fl21 DocuSign Envelope fD: 58180002-1826-44t0-99D5-5B29684CF757 as� �rz �-cxT �upplier's �quipment, Products, or Services Proposal �Proposal} is attached and incorporated into this Centraet. A1f Equiprnent and Products provided under ti�is Cantract must be new and the turrent model. 5upplier may offer close-aut or refurbished E�uiprnent ar Praducts if #hey are c�early indicated in Supplie�''s produci and pricing iist. Uniess agreed to by ihe �articipaiing Entities in advance, Equipment vr Products must be delivered as operatidnaf to the Participat�ng EntEty's site. This Cantract offers an indefinite quantity of sales, and while substantial vafume is anticipated, sales and sales valur�e are nat guaranteed. 8. WARRARfTY. Supplier warrants that al{ Equipment, Froducts, and Services furnished are free #rom liens and encumbrances, and are free fram defects 'rn design, rnaterials, and workmanship. ln addition, 5upplier warrants the EquiprrEent, �raducts, and 5ervices are suitable far and wilt perform in accardance with #he c�rdinary use far which they are intended. Supplier's dealers and distributors must agree to assist �he ParticEpating Entity in reaching a resolutian in any t[ispute over warranfiy terms with ihe rr�anufacturer. Any manufaciurer's warrartty that extends beyond the expiratian of the Supp[ier's warranty wif I be passed on ta the �artic9pating Enti#y. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Centrac# term, 5upplier must provide to Sourcewell a current means to validate or authentieate 5u.ppliers aut�orized dea[ers, distributors, or resellers rela#i�e to t�e Equipmen#� Proiiucts, and 5er�ices a�ered under this Contract, which wiil be incorporated inta this Contract by reference. !# is #he Supplier's r�spons(bility Co ensure Sourcewell recefves the most current infarmatiort. 3. PRfCING AEI Equipment, Praducts, n�- Sen►ices uncfer this Cvntract will be priced a# ar beit�w the price stated in Supplier's Propasal. When providing pricing quotes to Participaiing Entities, aEl p�Ecing quoted must reflect a Participat9n� Enti#y's totaf cost of atquisi�ion. This means that the quated cast is for deEivered Eq�ipment, Products, and Services that are aperationai for their intended purp�se, and ir�c[udes al! costs #o #he Participating Entity's requested delivery location. Regardfess of the payment method c�osen by the Participating Enti#y, the total cost associaied with any purchase option oi t�e Equiprnent, Products, or Services must always be disdosed in the pricing quote ta the appiicable Participating En#iEy at the time of purchase. A. SHIPPING ANa SHfPPING CO5T5. AI� dellvered Equipment and Prvducts must be praperiy packaged. Damaged Equipment and Praducts may �e rejected. If the damage is not readily apparent at the time of de{i�ery, 5upplier musi perrr�it the Equipment and Products to be Rev. 3/2D2i � DocuSlgn Envelape ID: 581500D2�1826-44tQ-99D5-5629fi84CF767 08172I-CXT �etumed within a reasonable time at no cost to Sourcewe[E or its Par�icipating Entities. ?articipa�ing En#ities reser�►e the right to inspeet the Equipment and Produc�s at a reasonable time after de[iveFy where circumstances or cond�#ions prevent effective +nspection of the Equipment and Products at the time of delivery. In tF�e event af the deli�ery of nanconforming �quipment and Product5, ihe Participating Entity wifl notify the Supplier as soon as possihle and the Supplier will replace nanconforrning Equipment and Pr�ducts with confarming Equipmen# and Praducts thai are acceptable to the Participating Entity. Suppfier rrsus� arrange for and pay for the return shipment an Equipment and Praducts #hat arrive irt a defecti�e or inoperable condition. Sourcewelf may declare the Sup�lier in breach of this Contract if the Suppiier inCentionaNy deFivers substandard ar inferiar Equiprnent or Products. B. SALES TAX. Each Participating Entity is respansible for supplying the Supplie� with �alid tax- exemptian certificetian(5). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICIPfG. At any #ime during this Cantract, Supplier may affer a specific selection �f Equipment, Products, or Ser�ices at rfiscvunts greater than thase [is�ed in the Contract. When Supplier determines it will offer Hat lisf PrEcing, i# must be submitted electronically to SourGewefl in a line-iterr► format. Equipment, Products, or Services may be added or removed fram the Hot tist at any tFme Chraugh a 5ourcewell Pri�e and Produ�c Change F�rm as defined in Article 4 belvw. Hat List program and pricing may also �e used ta discount and iiq�aida#e ctase-aut and discon#inued Eguipmen# and Products as lang as those close-out and discontinued items are cteariy identified as such. Current ardering process and administrative fees apply. Hot List Pricing must be published and made available ta aH Participating Entities. 4. PR��UCT AND PRICING CWANGE REQUE5T5 Supplier may requesi �quiprr�ent. Product, or 5ervice changes, additions, or deletians at any time. Aif requests must be made in writing by submitting a signed Sourcewefl Price and Froduct Change Request Farm Ca the assigned 5os�rcewe[1 Supplier pe�elopment Adrninistrator. This appraved form is availai�le from the assigned 5ourcewe115upplier Develapment Admi�istrator. At a rnini►num, the request must: • Ident�fy the applicable Saurcewrefl contract number, • Clearfy specify ihe requested change; • Provide sufficient detail to jusiify the requested c�a�ge; Rev. 3/2021 DocuSign EnveJ�e ID: 5816D002-1626-443 U-99D5-6829684C�757 081721-CXT • Endividually list all �quipment, Prnducts, or Servlces affected by the rEq�ested ct�ange, afvng with �he requested change (e.g., addiiion, deletion, price change); and • Include a cam�lete restaternent of pricing documentatiun in Micrasoft Excel with the effective da#e o# the rnodified pricing, or product additian or deletion. The new pricing restatement must incfude all Equipment, Praducts, and Services offered, even for those i#ems where pricing remains unchanged. A#ul�y executed Svurcewell Price and Product Change Request Form wilf become an ame�dment to this Contract and will be incorporated by reference. 5. PAIiTtCIPATIQN, CDN7RACT ACCE55, AND PARTICIPATING ENi'ITY REQUIREMENi5 A. PARTICI�ATIQN. SaurceweEl's tooperative contracts are a�ai�able and open to public and nonprofit entities across the United States and Canada; such as federal, state/pra�ince, municipak, K-1� and higher education, tribal government, and other pub[ic entities. 1'he benefits o€ this Contract should. be available to a�l Participating Entlties that can iegally access the �quiprnent, Products, or Services under this Contract. A Par#icipati�g Entity's autharity ta access this Contract is determined thraugh its c�operative purchasing, interlocal, ar joint powers laws. Any entity accessing benefits at this Cantract wiil be considered a Service Member o� Sourcewell during such time af access. Sup�lier understancfs that a�artici�ating Entity's use of this Contrac# is at the Participating Entity's sole conven�ence and Participating Entit;es reser�e the right to obtain like Equipment, Products, or 5ervices fram any other source. Supplier is responsible �o� famfllariz9ng its sales and service fartes with Saurcewel! cantract use eligibility requirements and documentation and will encvurage potential participating entities to }oin Sourcewelt. Sourcewell re5erves the righ# to add and remove Part{cipating Entities tr� its roster durin� the term of this Contract. B. PUBUC FACILITIES. Supplier's employees may be required to perform worfc at governmer�t� owned facilities, inc[uding schoals. Supplier's emplayees and agen#s must conduct themseE�es in a prafessional manner whiie on fihe premises, and in accardance with �articipating En#ifiy poficies and procedure5, and al! applicabie iaws. 6. PART[C1PAilNG EN31TY US� ANp RURtHA51NG A. ORDERS AND PAYMENT. Ta access the contracted Ec{uipment, Fraducts, �r Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends t� acces5 this Cantract; howe�er, order flow and proce�ure will be develaped jointly between Saurcewei! and Supplier. Typically, a Participating Entity wili issue an order direct(y fio Supplier vr its authorized subsidiary, distributa�, dealer, or reseller. If a Participatir�g Entity issues a purchase ord�r, it may use its own #orms, but the pur.�hase vrder sho�ld c[early note the appiicable Saurcevuell �g�. �/zoa�. a DocuSign Envelope t#7: 58�BOOfl2-1826-44�4Q-99D5-6B29684CF767 agt7z � -cxT contract number, AI1 Participating Ent9ty orders under this Contract m�5t i�e issued prior to expiration or canceliaiian af this Cantract; however, Suppiier perfarmance, Participating Entity }�ayment obligatians, anc� any applicable warranty periocis or other Suppiier or Parttcipating Entity obligations may extend beyond the term of thFs Cor�tract. Supp[ier's acceptable forms af payment are included in i#s attached Praposal. Partici�ating Enti#ies will be sofely responsibfe tor payment ancf Sourcewell will have no Aability far any unpaid invoice of any Participating Entity. B. ADUf�i4NALTERMS AND CONDITIONSJPARTICIPATfNG Ai71?fIVDI�M. Additional terms and Eondi#ions tv a purchase order, ar ather required transacCion documentat9on, may be negotiated betvueen a Partieipating Entity and 5upplier, suci� as job or industry-specific requirements, legal requirerr�ents (e.�., affirrnative action or immigration status requirernentsj� or specl#ic lacal poJicy requirements. 5ome Participating Entities may rec�uire the use c�f a Participating Addendum; the terms of which wilf be negotiated dii-ectly between the Participating E�tity and ths Supp{ier. Any negvtiated additianal term5 ar�d �onditions must never be less favorable #o #he Rart+cipating Entity than wha# is contained in this Contrac#. C. SPECEALI�EE} S�RVtCE REQUiREM��lT5. In the e�ent that the Participating En�ity requires service ar spetialized perfvrmance requirements not add�essed in this Cont�act {such as e- cammerce speci�catior�s, specialized deii�ery requirerr�ents, nr other specificatians and requsrernents), the Participaii�g Entity and the 5upplier may enter into a separate, standalone agreement, apart fram this Contract. SourcevuelE, in�luding its agents and employees, wili not be rr�ade a party ta a claim far breach of such agfeement. D. TfRMINATIdN {7F ORDERS. Participating �ntities may terminate an order, in whole or in part, immediately upon no#iee to Suppiier in the e�ent of any Q# the �'�I�owing e�ents: 1. The Participating En#ity fails.to reeeive funding or appropriatinn from its ga�erning bady at levels sufficient �o pay for the equipment, products, or services ta be purchased; ar 2. �ederal, state; or pravincial laws or regulatinns prohibit the purchase vr change the Participating En#ity's requirements. E. GOVER�ftNG LAW A�ED VENUE. The governing law and venue far any action relafed ta a Participating Entiiy's order wiif be determined by the Parti�ipafiing Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. 5upplfer w9(I assign an Accoun# Representative to Sourcewell �'or this Contract and must pr4vide promp� notice ta Soureewell if tha# �erson is charrged. The Account Representative will be respon5ible for: K��. �/2oz� DocuSig� Envelope ID: 58i6�U62-7828�410-99135-6B29684CF757 081721-CXT I �� • Maintenance and management afithis Can#rac#; • Timely respanse to all Sourcewefl and Participating Entity inquiries; and • Business review5 to So�rrcewe�l and Aarticipating Entities., if applicable. B. BU5INESS REV[EW5. Supplter must perForrn a minimum of ar�e business re�iew with Sourcewe�l per eontract year. The bus�ness re�iew will caver sales to Part�cipating �niities, pricing and caniract terms, administrati�e fees, sales data reports, su�ply issues, customer issues, and any other necessary inf�rmation. S. REPDRT QN CQN7[tACT SAt£5 ACTIVIN AND ADMINISTRAT�VE �E� PAYM�NT A. CONTRACT SALES ACTIVITY REPOftT. Each calendar quarter, 5c�pplier mus# provide a con#ract saEes activity report �Reportj �o the 5ourcewell Supplier �evelapment Administratar assigned ta this Contract. Reports are due no later than 45 days after the end of each calenciar quarter. A Report must be provided regardless o# �fi�e nctmber 4r amount of sa�es during that qu�rter {i.e., if there are na sales, 5up�lier must submit a report indicating nv sal+�s were made}. The Reporr must contain the fa(lowing �ie�ds; • Participating Entity Name (e.g., City of Staples Highway Departmentj; • Participatir�g Enti#y Physical Street Address; • Participating Enti#y City; • Par#icipat[ng Entity 5tate/Pro�ince; • Participa#i ng Entity Zip/Pvstal Code; • Partitipating En#ity Canta�t Narrie; • Participating �ntity Contact Emai� Address; • Participa#ing Entity Contact i'elephone Number; i 5ourcewell Assigned Entity/Participating Entity Number; • Item Purehased Desc�iption; • Item Purchased Price; + 5aurceweit Administrative Fee Applied; a►�d •[?ate Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMlNiSTRATIVE FEE. ln eonsidera#ion for the support and services �Srovided by 5ourtewell, the Suppiier wikl pay an adminisCrative fee to Sourcewell an all Equipment, Produc�s, and Services provided ta Partitipati�g �ntit�es. The Administrati�e Fee must be inciuded in, and nc�t acided to, the pricing. 5upplier may not charge Participating �niiiies more tl�an the contracted price to offset the Administrati�e Fee. The Supplier w911 su6rnit paymen# to Saurcewell for the percentage of administrative fee stated in the Proposai multipfied by ihe tatal sales of all Equipment. Products, ar�d 5ervices purchased Re�. 3/2(;21 bpGUSigr� Envelope 1D: 5B16D602-182$-4470-9905�SBZ9$84CF757 as��2i-cxT by Participaiing Entities under this Cantract during each calendar quarfier. Payments shaufd note the Supplier's name anc� Sourcewelf-assignecf contract number in the memv; and muSt be r�ail�d to the adrfress above "Attn: Accaunts �teceiva�[e" or remitted electron'rcally to Sourcewelf's banking institutfnn per SourcewelYs Finance department instructians. Payments must be received ne later than 45 calendar days after ih� en� of each calendar quarter. Supplier agrees to caoperate with Sourcewel! in audiiing transactions under this Contract to ensure that the administrati�e fee is paid on all items purchased under this Contract, fn tkte event the Supplier is delinquent in any undispuiecf adminis#rative fees, Sourcewell reserves the right ta cancel this Cantract and reject any proposaE submitted by the Supplier in any subsequent solicitatia�. ln #he event this Caniract is cancelled by either party prior t� the Cantract's expiration date, the administrative fee payment will be due np more t�an 30 days fram the cancef�ation date. 9. AUTH�RIZ�D REPltESENTA3IVE Saurcewell's Authorized Representative is its Chief Procurement Officer. Supplier`s Authorized Representative is the person named in the Supplier'� Propflsaf, !f Suppiier's Au#horized Representati�e ehanges at any tirne during this Contract, Supplter must promptly natify Sourc�well in writing. 10. AUDIT, ASSIGNMENT, AMENOMENTS,1�UQfVER, AND C�NTRACT COMPLETE A. AtlDIT. Pur.suant ta Minnesoia 5ta#utes Section 7.6C.05, subdiv�sian 5, the boaks, records, documents, and accounting proCedures and practices rele�ant to this Agreement are s�bject to examfnation by Sourcewell or the Minnesota State Auditor for a minimum af six years from the end af this Cantract. This clause extends to Part9cipating E�#i#ies as it relates to busine5s canducted by that Participaiing Entity under this Contract. 8. A551GNMENT. Nei�her par#y may assign ar o#herwise transfer its righ#s or v�iiga#ions under thi5 Contract without the prior writ�en consent of the other party ant� a fully executed assig�ment agreemenL. Such consent wifl not be unreasonabfy withhe{d. Any pr�hibited assig�ment will 6e inva�id. C. AMENDMENTS. Any amendment tv this Cantract must be in writing and will not be e�fective �ntil it has been du{y executed by the part€es. � �I D. WAIVER.. Fai[ure by either party to take actinn or assert any right under t�is Contract wikl nvt be deemed a waiver of such right in the event af the cantinuation or repetition of the circurnstanc�s gi�ing rise Efl such right. Any such waiver must 6e in writing and signed by the parties. Re�, 3/Zd21 DflnuSign Erfvelope ID: 583&OOff1-1826-4414-89D5-6B29684GF757 08 [ 721-CXT �_ E. CONTRACT COMP[.�TE. This Contract represents the camplete agreement betwEer� the parties. tVo other �nderstanding regarding #his Con#ract, whether written or aral, tnay be used to bind either party.For any conflict between the attached Praposal ar�d the terms set out in Articles 1-�2 of this Cantract, the terms of Articles 1-22 wi1! govern, �. RELATIONSHiP OF THE PARTI£5. The rela#ionship of the parties i5 ane of �ndependent contractors, each f�ee ta exercise judgmen# and discretion wiCh regard to the conduct a# their respecti�e businesses. This Contract daes not create a par�nership, joint venture, ar any other relationship such as master-servant, or principal-agent. if.1NDEMNITY AND H��� HARMLESS 5upplier must indernnify, defentf, sa�e, an� hald SourceweU a�c! �ts Participating �ntfties, including their agents and employees, harrrtless fram any claims ar causes ofi action, 'rncluding attorneys' fees incurred by Sourcewell or its Participating fntities, arising aut af any act or omissiQn in the performance of ihis Car�tract by t�e 5upplier or its agents ar employees; this inde�nnification includes injury or death to persan(sj or praperty alleged to have �een caused by sorne defect in fihe Equipment, Products, or 5ervices under this Cor�tract t� the extent the Equipment, Praduct, or 5ervice has been used accarding to its specifications. SourceweiPs respansibility wiEl be go�erned by the State of M+nnesata's T�rt Liabifity Act �Minnesota 5tatutes.Chapter 466y and other applicable law. 12. GOVERNMENT pATA PRACTICES Supplier and Saurcewelk must campiy with the Minnesota Government aata Practices Ac#, Minneso#a Statu#es Chapter 13, as it applies to all data provided by or }�rovided to 5ourcewell under this Can#ract and as it applies to afl data created, colEected, received, s#ored, used, maintained, ar disseminated t�y the Supplier under tF�is Contrac#. 13. INi�L#.ECiUAL PRAPERTY, PUBLICiTY, MARKETING, AN� �NDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the ter+�n of #his Contract: a. Sourcewel� grants to Supplier a royafty-free, woridwide, nor�-exclusive right and licen�e to use thetrademark(s) provided to S.uppEier by Sourceweil in advertising and prvrnativnal materials #or the purpose o# marketing So�rcewell's refatianship with Supplier. b. Suppli�r �rar�ts to Sourcewell a royalty-free, worldwide, non-exclusi�e right and license to use Supplier's trademarks in advertising and promotional materials far the purpose of marketir�� 5upplier's relatianship with 5ourcewel[. 2. Lrmired Righr of Sulalicense. The right and license granted herein includes a limited right af each party to gr.ant sublicer�ses to their respective s�bsidiaries, clistributors, deaiers, Rev, 3/2021 DoCuSigrt EnveEope !Q: 58160002-182E4410-99D5-8829984CF757 08 i 721-CXT reseliers, marketing representatives, and agents (coilectively "Permitted Sublicensees"j in advertising ar�d prarnotlanal materials for the purpose of marketir�g the Parties' relationship to Farticipating Entities. Any sublicense granted wiil be subject to the terms and conc�itians of this Articte, Each party will he responsible for any breach of �hfs Article by any of their YeS�]eGtive 5Eib1iC2Ct52�5. 3. Use; Quality ControJ. a. Neither party may after the other party's trademarks from the form pravided and mus# camply with remaval reques#s as to spetific uses of its trademarks or logos. b. �ach par�y agrees to use, and ta cause its Permit#ed Sublicensees to use, the other party's trademarks anly in good faith and in a dignified manner consi5tent wi#h such party's use of #he trademarks. EJp�n written notice t� the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach ar the ficen5e wiil be terminated. 4. As applicable, Su�plier a�rees to indemnify and holcf harmEess Soureewelt and its Partit€pating Entities against any a.nd afl suits, claims, judgments, and costs fnstituted or recove�`ed against Sourcewell oC Participating Entitie5 by any person on �ccount c�f the use of any Equi�ment or Produets by 5ourcewefl ar its Par#ici�ating Entities supplied t�y Supplier in violation af �pplicab�e patent or copyri�hC laws. 5. Termination. Upon the terrnination af this CanCract for any reason, each party, including Permitted Subiicensees, wiil have 3U days to remove af1 Trademarks from si�nage, websites, and Che [ike bearing the other party's nante or logo (excepting Soureewelf's pre-prin#ed catalog of suppfiers which may be used unti[ the next printing). 5upplier must return ail marketing and pramotianal rnateriats, inc(uding signage. }�rovided by Saurcevs►ell� or dispose of it according to Sourcewell's written directions. B. PUBI.ICtTY. Any publicity regarding the subject matter of this Cantract must not be reieased without priar written approval from the Autharized Etepresen#atives. Pub[icity incfudes no#ices, informationai pamphlets, press releases, research, reports, signs, and sirr�ilar pub�ic notices prepared by or for the 5upplier indi�idually or jointly with o#hers., or any subcontrac#ors, with respezt to the program, publicatians, or services provided resulting from this Contract. C. MARKETING. Arty direct advertising, marketing, or offers with Participating Entities mus# be approved by Sourcewelf. Send aEl approval requests #o the 5ourcewelf 5uppiier �eveEopment Administra#or assigned ta thfs Contract. D. ENpQRSEMEIVT. The Supplier rnust nat cfaim that So�trcewell endarses its Equipment, Products, or Services. Rev. 3/2021 9 DocuSign Envelopa ID: 5838�Ofl2-t826�441fl-99D5-6B29fi84CF767 OS 1721-CXT � 14. GOVERNIf�fG LAW, JUR15DtCiiON, AN� VENUE The substantive and procedural faws of �he State of Minnesota will gc��ern this Contract. Venue far all legaf praceedings arising o�t of this Cantract, or its breac#�, mus# be in the appropriate state c4urt in Todd County, Minnesota or federal caurt in Fergus �alls, Minnesata. 15. FQRCE MA,iEURE Neitf�er �arty to tf�is Contract will I�e heid respansible for delay or default caused by acts of God ar other conditions that are beyond that party's reasanable control. A party c�efaulting under this prflvision must provide the other party prompt written natice of the defauft. i�. s�v��ae��.rr� If any provision of this Contract is found by a court of competent jurisdiction to be illegal, un�nfarceable, or �aid then bath parties uvi[I be relieved fram all obligations arising from that provision. if the rernain�er ofit�is Car�tract is capable af beirsg performed, it will �ot be affected ay such determination nr finding and mc�st be fuiiy perforrr�ed. 17. PERF�RMANCE, �EFAULT, AND REMEDlES A. PERF�RMANC£. During the term o# this Cantract, the parties wi!! monitar performanee and acfdress unreso[�ed contract isse�es as follows: 1. NoirficatFon. ihe parties must promptly notify each other of any known dispute and work in good faith to reso�ve s�ch dispute within a reasonable periad af time. if neeessary, Sourcewel[ and #he Supptier vuil� joir�tiy de�elap a short briefing document that describes the issue[s), relevant impact, and posiiions of both parties. Z. Escalatron. If parties are unab.fe ta resolue the issue in a timely manner, as 5pecified abave, eifiher Saurceweil or Suppfier may escafa#e the reso(ution o# the issue to a higher level af management. The Suppfier will have 3� calendar days ta cure an outstanding issue. 3. Performance while Dispute rs Pending. Natwithstanding.the �xistence of a dispute, the Supp[ier must continue without deiay to carry out all a# its responsibRliiies under the Contract t�at are nat affected by the dispute. !f the 5uppfier fails to contjnue without delay to per#orrn its responsibifities under the Cantra[t, in the accomplishment of aH undisputed wark, the Supplier wil[ bear any addititrnaf casts incurred by Saurcewell and%or its �articipatir�g Entiiies as a ress�lt of such faiiure ta pr�ceed. B. DEfAULi AND RfMEDIE5. Either of the following constitutes ca�se ta declare this Contract, �r any Participating Entity arder under this Contract, in default: 1. Nonperformance flf cantractual requirements, ar 2. A material breach of any term or conditia.n of this Contract. Rev, 3/2023 10 DocuSign Envelape 1[3: 58180042-1826-4410.99D5-SB2968ACF757 �$1721-CXT The party cfaiming defa�lt must provide written natice o# the defauEt, wiih 30 calendar days to cure the default_ Tme al{owed for cure wi(I not diminish ar eEiminate a.ny IiablH#y for {iquidated or other damag�es. If the defaul# remains afker #he oppart�nity #ar cure, the nan-defaulting party may: • Exercise any remedy provided by law or equity, or • 7erminate the Cantract or any portion thereof, including any vrders issued against the Contract. �.8. iNSURANCE A. �ECIUER�MENT5. At its o�vn expense, Suppiier must maintair� insurance pniicy{iesJ in effec# at all times �u.ring the performance of this Contract with 9nsurance cornpany{ies)ltcensed or autharized to do E�usiness in the State of Minnesota having an "AM BEST" rating of A- or better, with �average and limits o# insurance not less than the folfawing: 1. Warkers' Campensation and Emplayer's Liabiliiy. Warkers' Comper�sat�Qn: As require� by any applicable faw or �egulation. Ernployer's liabitity Insurance: must be pravided in amflun#s not less than listed be[ow: Mir�imum iirnits: $SOO,OOa each acciden# far bodiky injury by accident $500,000 palicy limit for bQdiiy injury by disease $50Q000 each employee far bodily injury by disease 2, Cammercial Genera! Lfa6rlrty lnsurance. Supp.lier wilf maintain Insurance covering its aperations, with coverage on an occurrence basis, and must he suisject to ferms no less broad than the Insurance Services E3fFite {"150"} Cammercia) General Uabi[ity Form CG040I (2001 or newer editionJ, or equivalent. At a rrtini►num, coverage must incic�de liabifity arising from premises, operatians, bodily injury and praperty damage, independent contractars, praducts-compfe�ed operations incfu.ding construction defect, cantractual tiability, blanket cantractuai liability, and personal injury and advertising inj�ry. AU required limits, terrns and canditions af coverage rr�ust be rnaintained during the term of this Contract. Minim�tm Eimits: $1,QOQ,000 each occurrence Bodily injury and Property Damage $1,0�0,OQ0 Persana[ and Advertising Enjury $2,0(}Q�UQO aggregate for Products-Completed operations $2,a0a,Q00 general aggregate 3. Commercia�lAutcimobrle Liabi[ity lnstrrance. During #he term of this Cantract� 5upplier will main�ain insurance caveting ail awned, hired, and non-owned automobiles in limits nf Nability nnt iess than inrfiCated below. The caverage must be subject to terms Rev. 3/2021 11 Docu9ign Envelope !D: 58160UOZ-1$26-441Q•99�5-6BZ$68AC�757 08 T 72I -CXT na Eess �raad than I50 Business Auto Cvverage Form CA 00(}i (201CJ edition or newer), or equi�alent. Minimum Limits: $1,O�,OQO each aceident, tornbined single Eimit 4. UmbreNa lnsurance. Quring the term af this Contract, Supplier will maintain u�nbrella coverage a�er Empfo�er's Eiabifity, Cammercia[ General Liability, and Carnmercial Automobile. Minimurt� timits: $2,OOQ,(}00 5. Neiwork Securlty and Prrvaty Liability lrtsurance. During the terr►� of this Cantratt, Supplier will maintain coverage far netwark security and privacy liability. The cov�rage may he endarsec� on ana#her form of Iiability coverage ar written tin a standalone policy. The insurance mWst cover claims which may arise from fa�fure of Supplier's security resulting in, but not lirnited ta, eomputer attacks, unauthorized access, d�sclosure af not public data — ir�cluding but not fimited to, confidential ar private informativn, #ransrr►ission of a com�uter virus� ar denial of service. Minimum limits: � ��I $�,E�Q,4f}Q pe.r occurrence $�,OOQ,000 annual aggregate Failure of Supplier to maintain Che r�quired insurance w+[I constitute a material bre�ch entitling Sourcewell to immediately #erminate this Cantra�t far defauit. B. CER�"IFICATE5 Q� INSiJRANCE. Prior to cammencing under this Con#ract, 5upptier must furnish ta Sourceweil a certificate of insurance, as evidence of the insurante requireri under this Contract. Prior to expiration af the poEicySies), renewal certifitates must be mailed to Sourcewell, Z021Zth Street Mortheast, P.O. Bax 219, Staples, MN 56A�79 or sent to the Sourcewell 5uppifer Development Adr»inEstrator assigned ta this Contract. The certificates must be signed by a person authorizeri by the insurer{s} to bind caverage on their behalf. �ailure to request certificates of insurance k�y Sourcewell, or failure of Sup�lierto pravide certificate5 of insurance, in na way lfmits or relieves 5upplier af its duties anct responsi�iiities in this Contract. C. ADDI�'IONAl. �NSURED ENDDltSEMENT AND �RIMARY AiVD NON-CC3�ITRlBUTORY INSURAI�CE C�AUSE. Supplier agrees to list Sourcewell and its Participating �ntities, including their ofFicers, agents, and employees, as an additiona! insured under the 5uppfier's cammerciaf general Iiability ir�surance policy with respe�t to (iability arising c�ut of activities, "nperatians." or "work" performed by er on behalfi nf Supplier, and products and completed aperations of Supplier. The policy provision�s) or endarsementtsj must further pro�ide that co�erage is Rev. 3/2021 iz DocuSign Envelvpe lF7: 581fifl�02-1826�410-88fJ5-6628684CF757 08172 i -CXT primary and nv# excess over or eontributory with a�y other vafid, applicable, and coHectible ins�rance ar se[f-insurance in force for the addEtional insureds. I]. WA1V�R OF SUBROGATIDN. Suppiier wai�es and must require (by endprsement or atherwise) a[I its insurers to waive subrogation rights against 5oureewell and other �ddEtionaE insureds for [osses paid under the insurance policies required by this Cantract or other insurance applicable to the 5upplier or its sWbcontractors. The waiver must appfy ta.all deductibles and/ar self-insured retentions applicable to t�e required or any flther insurance maintai�ed bythe Supp[ier ar i�s subcontractars. Wi�ere permitted by iaw, 5uppfier must require similar written express waivers of subrogation ancf insurance ciauses from each of its subcontractar�. E. UM�RELLA/EXCE551EA81LITY/SE�F-IAISURED RETENTI�N. The l�mits required by this Contract can be met by either providing a primary policy or in cvrr3bina#ion with umbreila/excess liability policy(iesJ, Qr self-insured retEntion. 19. CaMPLtANCE A. LAWS A�tD REGULAT101�S. A[I Equipment, Praducts, or 5ervices pravided �nder this Contract must comply fuliy wfth applicabfe federal laws and regulations, and with �he laws in th� statQs and provinces in whi�h the Equipment, Praducts, or Servites are so{d. B. LICENSES. Supplier must maintain a valid and current status on all required federal, sta#e/pro�incial, ar�d Iocal iicenses, bands� and perm;ts required far the operation of the business that the Supplier conducts with Soureewel[ and Partieipating Entities. Z0. BANKRUPTCY, DEBARMENT, DR SUSPEN510N CERTI�ICA7iQN Supplier cert�fies and war�ants that +t is not in bankrup�cy or #h�t it has previously disclo5ed ir� writing ter#ain infprmatiQn tv Sourzewell related ta bankruptcy attions. !f at a�y time during this Contract Supptier declares bankruptry, Suppiier must immediatefy notify Sourcewell in writing. Sup.plier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, cfeclared ineligible, or voluntarily excluded from programs o�erated by the State of Minnesota; the llnited Sta#es federal governmen# or the Canadian government, as app[icable; or any Particip�ting Entity. Supplier tertifies and warran�s that neither it nor its principals have been convicted of a criminal affense related to the 5ubject matter of this Con#ract. 5upplier further warrants that it wil! pravide immediate written notice #0 5aurcewe{l if this certification chang.es at any time. #iev. 3/zfl21 13 oo�ust�n �n►+uope io: sa�saooz-�szs-aa�o-99�5-6829684CF757 U8l 72I -CXT 21. PROVISIOAIS F�R NON-U�VITED STAiES FEDERAL ENTITY PiiOCUREMENTS UNDE#i UN17ED STATES FEDERAL AINARDS �it OTHER AINAR�S Partieipa#ing Entities thai use United States Federal grant or FEMA funds to purchase goods or ser�ices i'rom this ConCract may be subject to addi#ianal requirements incfuding the pracurement stanr�ard3 of the Unif�rm Administrative Requirement.s, Cost Principles ant� Audit Requirements #or F�ederal Awards, � C.�.R. § 20D. Parficipating E�tities may have additional requirements based an spectfic funding saurce terms ar canditions. Within this Artide, af! references to "federaf" shnuld be interpreted ta mean the United States �ederal government. ihe fallawing list anly applies when a Participating Entity accesses Supplier's Equipment, Praducts, ar Services with EJnited States federai fiunds. A. EQUAL EMPi.�YMENT OPP�RiUNITY. Excep# as otherwise provided under 41 C.F.R, § 60, a�l contract5 that meet the definition of "federa�ly assisted cans�ruction contract" in 41 C.F.R. § 60- 1.3 rnust include the equal oppvrtunity claus2 provided under 41 C.F.R. §60-1.4(b), in acCOCdBnCe With ExeCUtiVe i7l�der 1124fi, "Equa! £mployment �ppartunity" (3Q FR 123I9, 12935, 3 C.F.�t. §, 1964-1955 Cornp., �. 339}, as amencied by Executive arder 1�375, "Amendin� Executive Order 17.246 Relating to Equal Empfaymer�t Opportunity," and irnplementing regulations at 41 C.F.R. § fib, "Office of �ederal Contract Compliance Prvgrarns, Equal Employment Oppartunity, Department of Labar." The equal opparcunity clause is incarporated herein by reference. 6. DAVIS-BACON AC'f, AS AMENDE� (4a U.S.C. § 3141-3148}, When required by federal program legislation, all prim� ConstruGtion contraCts in excess of $2,000 awarded by non- federal entities must include a pradision for compliance with the Da�is-B8C4n Att (4� U.5.C. § 37.41-3i44, and 314G-3].48J as supplemented by Department of Labor regulations {29 C.F.R. § 5, "Labor Standards Provis�ons Applicable to Contracts Co�ering Federally Financed and Assisied Construction"). tn accordance with the siatute, cantractors rriust be required to pay wages ta laborers and mechanics at a rate na# less than the prevailing wages speci#ied in a wage determfnation made �ry the Secretary af Labor. In additian, contractor5 must be required to pay wages not kess than once a week. The non-federai entity rnust �lace a cvpy of the current prevailing wage determination issued by #he Department of Labar in each salicitation. The de�ision to award a contract ar subcantract rnust be canditioned upon the acceptance af the wage determinatian. The non-federak entity must report a[I suspected or reported violativns to the #edera! awarding agency. l'he cantracts must also incfude a provisian #ar compliance with the Copelan� "Anti-Kickback" Act (40 U.S.C. § 3145J, as 5upplemented by Department of La�ar regulatians {�9 C.f.R. § 3, "Contractors and 5�bcantractors an Public Buiiding ar �ublic Wark Financed in Who1e or in Part by Laans or Grants from the United 5tates"�. The Act �rovides that each contractor or subrecipient must be prohibited from inducing, by �ny means, any persor� emplayed in #he constructian, completion, or repair of public work. ko give up any qart of the cornpensation ta which he �r she is atherwise entitled. The non-federal entity must report ai1 suspected or reparted violatians to the federaE awarding agency. 5uppiier rnust be in compliancE with a11 a�plicabie Davis-Bacfln Aet provisians. Rev. 3/2021 14 �ncu5ign Enveinpe �D: 581fia0a2-1826-a41p-99�5-fiB29B84CF757 081 ?� l -C�T �. CONTftACi" WORK H�URS ANp SAFETY 5TANl7ARDS ACT (40 U.S.C. § 3701-37Q8). Where appiicable, al! contracts awarded by the nnn-€edera! entity in excess af $100,004 ti�at in�ol�e the empfoyment of inechanie5 nr laborers must include a provisian for campiiance with 4Q U.5.C. §§ 3'102 and 3704, as supplemented by �epartment of Labflr regula#ions (�9 C.F.R. § 5}. Under 40 U.5.C. § 3iC12 of the Act, each cantractar rnust be required to compute the wages of every rr�echan�c and laborer nn the basis o# a s�andard work vueek of 40 hours. Work in excess of the standard work week is permissible pro�Eded that the worker is cam�ensated at a rate of nat less fhan ane and a haff tirnes the hasic rate of pay far all hn�rs warked in excess �f 40 hours i� the wark week. i'he requirements of 40 U.S.C. § 3704 are applicabfe to constructior� work and pra�ide t�at no labarer or mechanic rrtust be required to waric in surroundings or under working co�ditions whi�h are unsanitary, hazardous or dangerous. �hese requirements do not appty to the purchases of supplies or rr�aterials ar articfes ordinarily available dn the open market, ar contracts #or t�ansporCation ortransmissidn of intelli�ence. This pra�isian is hereby ir�corparated by re#erence inta this Contract. Suppiier �ertifies Chat du�ing tfie term o# an awart� for all contrac�.s by SaurceweH resulting from this procurement p�vicess, Supplier must comp�y with applicahle requirements as referenced abo�e. D. RIGH7S T� II�VENTI0N5 MADE EINDER A C�NTRACT �R AGRE�MENT. if the federal award meets the definition nf "funding agreement" under 37 C.F.R. § 401.2{a] and #he recipient or subrecipient wishes ta enter into a caritract with a smail business firm or nflnprafit arganization regarding the substitutior� af parties, assignment or performance af experimen#al, de�e{apmental, or research worlc ur�der that "fiunding agreement," the recipient ar subrecipient m�st eomply with the requirerrrents af 37 C.�.R. § 401, "Rights to Inventions Made by Nonprafit Organizatians and Sm�li Business �irms Under Government Grants, Contracts and Coaperati�e Agreements�" and ar�y irnplementing regufation5 issued by the awarding agency. Suppfier certifies that during the term vf an award for al! contracts by Sourcewell resulEing fram this procure�'tertt process, Supplier must carrtply with appftcable requirements as r�ferenced above. E. CLEAN AIR ACT {42 U.S.C. § 7401-7671Q.] ANO'fHE ���7EitAL WAT�R POLLUI"ION CONi'ROL ACT �33 U.S.C. § iZSI-7.387j. Cor�tracts and subgranfis of amounts in excess af $150,OOD require the non-federal award to agree to comply with all applicable 5tandards, orders or regu{ations issued p�rsuant to the Clean Air AcC (42 U.S.C. § 74D3.- 7671q} and the Fe�eral Water Polluti4ro Control Act as amended (33 U.S.C. § 1Z51-1387). Violations must be reported io the Federal awarding agency and the Regionat Qffice of the En�iranmental Rratection Agency �EPA}. 5upplier certifies that during the #errr� af this Contract will comply with applicable requirerrrents as referenced abo�e. F. DEBARMENiAfVD SUSPENSiON (E?CECUTIVE �RDER� 12549 ANa 12689j. A cantract award {See 7 C.F.R. § 180.2Z0} must not be made to parties tisted on ti�e g�vernrnent wide exclusions in the Syste►n for Avuarci Mar�agement (SAMJ, in accordance with the �MB guidefines at 2 C.F.R. §180 that implement Execu#ive Orders 12549 (3 C.F.R. § 7.986 Camp., p. 189) and 12689 t3 C.F.R. § 1989 Comp., p. 235y, "Debarment and Suspensiort." SAM Exclusions contains the names Rev,3/2U21 1S DoaiSign Envelope Ip: 58960002-1828�a10-99R5-6629684CF757 ' I � 0$i72f-CXT of parties debarred, suspended, or Qtherwise excluded by agencies, as well as parties declared ineligible under s�atutory or reguiatory author�ty ather than Executive Order 1254.9. 5upplier certi�ies that r�either it nor its principals are presently debarred, susgended, proposec� for debarrnent, declared ineligihle, or vvfu�rtarily excluded #rom participation by any federa! department or agency. G. BYRD ANTi-LOBBYtNG AMfNDMENT, A5 AMENOEb �31 U.5.C. § 1352}. Suppiiers must fife any required certificat€ons. Supplie�s must not have used federal apprapriated f�ands to pay any person or organization far inflwencing or attempting ta influence an officer or empfoyee of any agency, a member af Congress, officer ar employee c�f Cangress, or an employee of a member of Congress in �vnnection witk� obt�ining any federal contract, grant, or a�y other award cavered by 31 U.S.C. § 1352. St�ppliers must disclase any kobbying with nan-fede�ai funds that takes piace in connection with obtaining any federal award. Sueh disclosures are forw�rded ftom #ier to tier up #o the non-federai award. Suppliers musi file �I! certifications and disclosures required by, and otherwise compty with, the Byrd Anti-Lok�bying Amendment (31 U.S.C. § �.352j. H. RECORD RETElV�I{3N REQUiREMENTS. 7a the extent applicable, 5upp[ier must comply with the record retention requirements detaile� in 2 C.F.R. § 2�.333. The 5u�plier further cer�ifies that iC will retain a{I ret�rds as required by 2 C.F.R. § ZOD.333 for a period of 3 years after grantees or subgrantees subrnit final expenditure reports ar quarter�y or annua[ #inancia[ reparts, as applicabie, and aU other pending matters are closed. 1. ENERGY POL[CY AND C�NSERVATION ACT COMPLIANCE. To the exten# appiicable, Supplier must comply wiih the mandatary standards and policies relating ta energy efficiency which are c4ntained in the s#ate energy conservat€on plan issue� irt tompliance with #he Energy Policy a�d Conservation Act. 1. BUY AMfRtCAPi PROVISlON5 COMPLEANCE. To the exten# applicab{e, 5upp[ier must camply with a�l appli�abfe provisions o� the Buy American Att. Purchases made in a�torda�ce with the Buy Ameriean Act must follow tFte appiicable pracurement rufes calling for free ancE open COY1'1j7@#t�1fli1. K. ACCESS TO RECQRDS �2 C.F.R. § 2aa.335J. Suppiier.agrees #hat �uly authorized representa#i�es of a federat agency must have actess ta any books, documents, paper5 and records of Suppiier that are directly pertinent to Supplier's discharge of its rrbligatior�s under this C�ntract �or the purpase af making audits, examinaCians, excerpts, and transcriptians. 7he right also includes timely and reasonable access #o Supplier's personnel far the purpose of interview and discuss�on relating to suth documents. l.. PROCElREMENT OF RECOVERED MATERIALS {2 C.F.R. §�00.32�j. A�on-federal eniity th�t is a state agency or agency of a ppiiticat suhdi�ision of a state and its cantrac#ors must comply with Section 6002 of the 5ofid Waste DiSposal Act, as amended by the Resaurce Conservation Rev. 312021 1b �oa�Sign Envelcpe ID: 58't80002w1828-4414-99U5-6629684GF757 U817� 1-CXT and Reca�ery Act. ihe requirements of Sectian G002 include procuring only items designated in guidelir�es a# the Environmenta! Protec#ivn Agency (EPAJ at 40 C.F.R. § 247 that contain the highest percentage of recovered materiais praEt+cab[e, evnsistent with maintaining a satisfactory level af corr3petitian, where the purchase price af the i#em exceeds $1a,0(30 or the value of the quantity acquired during t�e preceding fiscai year exceeded $10,DOo; proturing solid waste rnanagement services in a manr�er that maximizes energy and resaurce recovery; and estabiishing an affirmative procurement program for procurement of recavered materiafs Identified In the fPA guideiines. M. F£D�RA�. SEAl�S}, LQGQS, ANQ FLAGS. The 5upplier nat use the s�al(sj, [flgos, crests, or reprodt�ctions of #lags or likenesses of Federa! agency off9cials without specific pre-apprv�ai, I�. NO OBLIGATION 8Y FE�ERAL GaVERNMENT. The U.S. federal go�ernment is not a partyto this Contract or any purchase by an Participatirtg Entity and is not subject ta any obiigations or Iiabilities #a the Participating Entity, Supptier, or any ather parCy pertalr�ing to any matter resulting from the Contract or any purchase by an autharized user. O. PROGRAM FRAUD ANd FAL5E OR FRAUDULEf�T STATEMENTS OR REIA'�ED ACi"S. The Cvntractor acknowfedges that 31 U.S.C. 38 �Administrati�e Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to thi$ Contrac# or any purchase by a Participating Entity. P. FEDERA� DEBT. The Supplier certifies that it is non-delinquer�t in its repayment af ar�y federal debt. �xamples of releVant debt Include delin�uent payroll and other taxes, audit disallawance, ar�d benefit overpayrnents. Q. CONFLICTS �F 1NTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Partieipating EntlCy as so�n as possi�le i# thi5 Cantract or any aspect related Co the antitipated work under this Cqntract raises an attuaf or patentFal conflict of interest (as destribed in 2 C.�.R. Part 20�). Ti�e Suppli.er mc�st explain the actual ar patentiaf canflic# in writing in suf�i.cient detaif sa that the U.S. 0#fice af General Services, Saurcewela, and Participating Entity are abke �a assess the act�af nr paCential confliet; and provide any add€tipnaE infarrnation as necessary or requested. R. ll.5. EXECUT'tVE ORDfR 13�24. The Supplier, and Ets subcontractc�rs, must comply with U.S. �xecutive Order 13�24 and U.S. Laws thai prohibit transactians wi#h and pro�ision o# resaurces and support to individuals and organixations associatec[ wlth terrarism. 5. PROHlBITION ON CERTAfkV TELECaMMI�N[CATIONS AND V1DE0 SURV�Ii.�.ANCE SERVECES {3it EQUIPM ENT. T� the extent ap�licable, SWppEier certifies that during the term af this Cantract it will compfy with applica�[e requirements of 2 C.F.R. §�Q0.216. Rea. 3/24z1 17 �ocuSign Enve(ope ID: 589fi0002-S82fi-4410•99t7�fi629684CF757 081721-CXT T. DOMESTIG PREFERENCES FOR PROCUREMENTS. To the extent app[icable, Supptier certifies t�at during the term of #his Cflntract wiH corrply with applicable requirements af 2 C.F.R. § 2�d.322. zz. caNCEua�io�v Sourcewell or Supplier may cancel this C�ntract at any time, with or without cause, upon 5Q days' written n�tice to the other par�y. However, Sourcewell may cancel this CQntract immediateiy upan discovery af a material defett in any ter#i#ication made in Supplier's Praposal. Cancellatian of this Contract does nQt relieve either par#y of financial, product, or service o6ligations incurred or accrued prior to cancellation. �i� Sourcewell oar�,sn.d �y: . ��YL�� B NtiW �� $\i CAF�2A7 D064bD... 1 Jererr�y 5chwartz Title: Chief Procuremen# Officer Date: 10/13/2021 ] 1�44 PM CAT Approved; oocasigiredby: . �tr^+.^'�. WAAM�[L �y, 7E4268FB/7A64CC.. Chad Coauetie Ti#[e: Execuiive Directar/CEO Date: ia/�.�/zaz�. I i: as PM CDT Rev. 3/20�1 CXT Incorporated OocuBigrrod by: [��yyj � B,/; 5�8-0A26DD55E4� Gary Burger Title: Director of Cvmmercial O�erations 1Q/13/20Z1 I 1:�4 PM CDT Date: 28 � ��.: CanVeMM081727•CXT --, u CXT' Precast Concrete Products manufactures restroorr�, shawer and concession buildings in multiple designs, textures ar►d colors. The roof and walls are fabricated with high strength precast concrete to meet all Iocal building codes and textured to match local archftectura! details. All CXT buildings are designed to meet A,DA, and to withstand heavy snow, high wi�d and category E seismic loads. All concrete construction also makes the buildings easy to main#ain and withstand #he 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 restro�ms. 1. ORDERWG ADDRESS(ES): CXT Precast Concrete Praducts, b06 N. Fines Road, Suite 202, Spokane Valbey, WA 99206 2. ORDERING PROCEDURES: Fax 509-928-8270 3. PAYMENT ADDRfSS(ESj: Remittinq by check: CXT, Int., PO Box 643343, Pittsburgh, PA 15264-3343 Remitting by ACH or wire tra»sfer: Beneficiary: CXT, Inc. Beneficiary Bank: PNC Bank, Pittsburgh, PA A�count;1019282233 ABA/Routing:0a300009G Emsil remittance detaiis to AR�ibfosteccam 4. WARRAN'fY PR4VISIONS: CXT provfdes a one (1) year warranty. The warranty is valid onlywhen contrete is used wf�in the speeified Ioadings. Furthermore, said warranty includes only the related material rrecessary for the canstruction and fab�icatian of said concrete components. All other non-concrete components will carry a one {t) year wa�ranty. GXT warrants that all gaods sold pursuant hereto wiA, when delivered, conform to specifications set forth above. Goods shaU be deemed atcepted and meeting specifications unless n�tice ider►tifying the nature of any non-conformity is provided to tXT in writing wikhin the spedfied warranty. CX7; 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 specifltally understood that CXT's obligation hereunder is for credit, repairor replacement only, FO.B. CXT's manufacturing pla�ts, and does not include shipping, handling, installation or other incidenta� or consequential costs unless othervvise agreed to in wrRing by �XT. This warranty shall not appiy to: 1. Any goods which have been repair�ed or alter�d without C�(T's expre3s rwltten consen�, in such a way as in the reason�blp judgment of CXT, to adversely affect the stability or reUabllky thereof; 2. To any goods whith have been subject to misuse, negligence, acts vf God or accidents; or 3. To any goods which have not been installed to manufacturer's specifications and guidelines, improperly malntalned, or used outside of the specificatlons for which such goods were designed. 5. TERMS AND CONDIT10N5 OF iNSTALLATtON (IF APPUCABLE): All prices subject to the"Conditions of Sale" listed on the CXT quotation form. Custome�s are responsible for marking exact location building is to bQ 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 tfl install and other equipment to perform the corrtract requirements. Customer shall provide notice in writing vf low bridges, roadway width or grade, unimproved roads or any �ther passible obstacles to access. CXT reserves the right to charge the customer for additional costs incurred for special equipment required �o perform �ielivery and installatlon. Customers witl negotlate installation on a projeet- by-project basis, which shall be priced as separate llne items. For more information regarding installatian and truck turning radius guidelines please see our website at t�;/lw or�.com, In the event dalivery of the building/s ordered is/are not completed w3ihin 3U clays of the agreed to schedule through no fault of CXT, an invotce for th�e full caMract value iexcluding shipping and installation tostsj will be submitted for payment Delivery and installation charges will be invoiced at the time of delivery and instaAation, Should the delivery and installation costs Increase due to changes i� the detivery period, this increase will be added to the price originally quoted, and wili be subject to the contrac# payment terms. In the event that the delivery is delayed mere than 90 days after the agreed to schedule and through no fault of CXT, then in additlon to the remedies above, a storage fee af t-�h96 of contrad price per month or any part of any month will be charged. ""Custome� is responsible for all lacal permlts and fees. 6, DELNERY CHARGE: All prices E0.6. origin prepaid and added to invoic�. CXT op+erates three {3) manufaduring plants in the United States and wIA tleliver ftom #he Glosest location nn our carriers. 7. PAYMEN7 TERMS: Payment t9 CXT by the purchas�r shaA be made net 30 days after submission of the irtvoke to the pur�haser on appr�ved uedit. Interest at a rate equal to kMe lower of (i) the highest rate permitted by law; or (ii)1.5% per month will be charged rr+on#hly on all unpaid invaiGes be�inninq with the 35th day tincludes fivg (5) day grace periodl from 4he date of th� inv4ice. Under no Gircumstance can re;entian be taken. If CX'f initiates legal proceeding to colle�t any unpaid amount, purchaser shall be liable for all of �?tT's cosis, expenses and attarneys'fees and costs of any appeal. 8. LIMITATION OF REMEDIES: In the event of arry breach of any obligations he�eunder; breach of any war�enty regarding the goods, or any negligent act or omission of any party, the parties agree to su6mit all claims to binding arbitratlon. Any settlement reached shall include aU reasonable costs induding attomey fees. In no event shall CXT be sub)ect to or liabte for any in�idental or consequen#ial damages. Withqut 1lmitatlon on the foregoing, in no event shall CX7 be liable for damages in excess of the p�rchase price of the goods herein offered. 9. DELIVERY INFORMATION: All prices F.O.B, origin prepaid and added to involce. CXT aperates three t3) manufacturing plants in the llnited States and will deliver from the closest location an our car�iers. Use thQ information below ta determine the origfn: • F.O.B. 6701 E. Flamingo Avenue, Building 300, Nampa, ID 83587 applles to: AK, CA, HI, I�, MT, ND, NV, OR, SD, U7, WA, WY. • F.p.6. 901 North Highway 77, Hillsbpro, TX 76645 applies to AR, AZ, C0. IA, KS, LA, MN, MO, MS, NE, NM, QK,TX. • EO.B. 3b2 Wavedy Road, WilUamstown, WV 2b1$3 applies to AL, CT, DE, FL, GA, IL, IN, KY, MA, MD, ME, MI, NC, NW, N1, NY, OH, PA, PR, RI, SC, TN, Y10., vr, v�n, wv • Prices ejcclude all federal/state/local taxes. Tax will be charged where applicable if customer is unable tA provide proof of ex�mption. r� o�mno�a Taos with chase restroom building. Standard features include simulated barnwoad texture walis, simulated cedar shake tentured roof, � ��, ��= vitreous china fi�ures, 30-gallon water heater, � •�.: 4� interior and exterior lights, off loaded, and set i. 4_ � -.—.,,. upatsite. R- �� � : Taos 20' x 26' S 743,955A0 143,955.00 Final Connection to Utilities Optional Wall Texture •�no�� ��� Optional RoofTexture xrtlon) Insulation and Heaters Q SpNt Face Block ($4,000) �StruckTrowel (54,000) ❑ Delta Rib Stainless Steel Water Claset (each) Stainless Steel lavatory {each� Stainless Steel Urinal (each) Electric Hand Dryers (each) Electronic Flush Valves (each) Electronic Lavatory Fauceu teath) Eledronic Urinal Valve (each) Exteriar Mounted ADA Orinking Fo�tain w/Cane Skirt Optional Door Closure (each) Skylight in Rest�oom (each) Marine Grade Skylfght in Restroorn (each) Marine Package for Extra CorrosionResistance (per sectwon) Ttle Floor in Restroom (per sectton) Fiberglass Entry and C hase Daors and Frames 2K Anti-Gratfiki Coating (per sectbn) Timed Electric Lock 5ystem t2 dows - dces not include chase doo� Exterbr fro�proof Hose Bib wkh 9ox {each) Paper Towel Dispenser {each) Toilet Seat Cover Dispenser (each) Sanitery Napkln Dispossl {each) Baby Changing Statlon (esth) CXTWastebasket(each) Custom Optfons: Estimated monthly payment on 3 year kase ;4,983.90 4ty: 5 QtY: 4 qty: � qz�: 2 Qty; 5 4�Y: 4 Qty; 1 Qcy: 1 4ty: 2 Qty 4 Qty: 4 �r: a S 7,000.00 [� �Stone (S5,500) Aeset Wal S 4,0(lO.OQ S 19,500.U0 ( S 1,540.00 C s 1,�00.00 C 5 1,4{10.00 [� 3 700.00 [ 5 750.00 C s 7so.o0 C 5 1,7D0.00 [ S 4,500.00 [ s a50.00 [ s g�o.00 [ S 2,450.OA [ S 4,7U0.00 � 5 B4Oob.00 C S 1,Qo0.00 C S 3,500.00 [ Q�y; 2 S 800.p0 � Qty: 1 S 500.00 � Rty: 2 5 200.00 C cny: 5 S 100.OQ � Ctty: 3 S 75.QU [ �v: 2 S 675.OQ [ Qty: 2 5 150.00 [ 3 I Texture � � ] � � a ] � � � ] � � � � � � � � 7 � � � Total Gust of Selected Accessonies from Atce�sorfes PricQ List: S S Engineering and State Fecs: S Estimated One-Way Transportation Costs to Site (quote): S Estimated Ta�c: $ Total [ost per Unit Rlaced at Job Site: I S This price quote fs good for 6Q days hom date bdaw and is accurzte � ��Ctept this quote. Please protess this order. and complete. � '��' It$ #� 'C4. Digitallysigned � � by Rich Edwards Qate: 2022,10.24 �War�S 17:19:01 -Ob'OQ' C%TSalesR�presentaNve i Date '' . 7,Op0.00 o.ao 39,A00.00 7,500.00 4,400.00 1,400.00 O.QO 0.00 a.oa 0.00 4,500.00 900.00 o.00 Q.00 0.00 0.00 Q.00 7,000.00 1,�00,00 5Q0.44 404.OQ o,00 Q,DO Q.OU O,flO 73,800.00 3,000.00 Z7,aoo.00 za7,s55.aa � Company Name Custamar Qate Exterior Calor Options: (For single color mark an X or for two tone combinations use W= WoUs / R= Rva f) Amber Rose Toasted Almond Sun Bronze Sand Beige Pu�bio Gold Granite Rock Rich Earth Lilberty Tan Oatmeal Buff Goiden Beige W Natural Honey Cappuccino Cream Georgia Brick Charcoal Grey Berry Mauve Buckskin Mocha Carmel 5aisa Red Coca Milk Westem Wheat Hunter GreQn Sag+e Green Rosewaod Malibu Taupe Java Brown Raven Black Nuss Brc�wn R Evergreen Special roof color Special wall color Special trim color # # � (Sage green, hunter and evergreen colars are not availob(e in colored ihrough concrete.) Rock Color Optians: � Basalt � Mountain Biend � Natural Grey � Romana Roof Texture Options: � Cedar Shake � Ribbed Metal Wall Texture Options� (Fcr single tex#ure mprk an X or for dF{�erent top and bottom tex�tures use T� Top / B�,�oitvm,) Barnwood T Horizontal Lap Napa Valley Rock Split Face Block Bc�ar�! & Batt RivQr Rock Can only 6e used as bottom te�ure. Siucco/Skip Trowel gri�k B Flagstone (fextures not included in CXT's quoie are addittonal cost.) Door Qpener Options: �✓ Non-locking ADA Handle ❑ Pull Nandle/Push Plate � Privacy ADA Latch Deadbolt Options: ❑ CXT Supplied ❑Customer Supplied: Type & Part Number � Accessible Signage Options: ✓❑ Men OWomen ❑ Unisex Paper Holder Qptions: ❑ 2-Roll Stainless Steel Q 3-Roll Stainless Steel Notes: � ��. Conires4M05%721,GXi� { !�� �I CXT° Precast Concrete Products manufactures restroom, shower and concession buildMgs in multipie designs, textures and colors. The roof arx� walls are fabricated with high strength precast concrete to meet al! local building codes and textured to match local architectural details. All CXT buildings are designed to meet A.O.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-#o- use, including plumbing and electrical where applicable. With thousands of satisfied customers nationwide, CXT is the leader in prefabricated concrete restrooms. 1. ORDERING ADDRE55(ES): CXT Precast Concrete Products, 606 N. Pines Road, Suite 202, Spokane Valley, WA 99206 2. ORDERING PROCEDURES: Fax 509-928-8270 3. PAYMENTADDRESS{E5): Remitting by check: CXT, Inc., PO Box 543343, Pittsburgh, PA 152G4-3343 Remitting by ACH or wire transfer. Beneficiary: CXT, Inc. Beneficiary Bank PNC Bank, Pittsburgh, PA Account:1019262233 ABA/Routing:04300009fi Email remittance details t� AR�Ibfoster.com 4. WARRANTY PR4VISIQNS: CX7 provides a one (1) year warranty. The warranty is valid onlywhen concrete is used wlthin the specified loadings. Furthennore, said warranty indudes only the related material necessary for the constructian and fabricatio� of said coocrete compo�ents. All other nnn-concrete components wfll carry a one �1j year warranty. CXT warrants that a!I goods sold pursuaM hereto will, when delivered, con#orm to specifications set forth above. Goods shall be deemed accepted and meetlng specifications unless noiice identifying the nature of any non-conformity is provided ta CXT in writing varithin the specified warranty. CXI; at its optlon, will repalr ar replace #�e goods or issue credit for the custamer pravidad CXT is first given the opportunity ta ins�ct such goads. It Is spetifically understood that GXT's obligation hereunder is for credit, repair or replacemerrt only, f.O.B. CXT's manufacturing plants, and does no# include shfpping, handling, installation or 4ther incidentsi or consequentlal costs unless otherwise agreed to in writ�g by CXT. This warranty shall not apply to: 1. Any goods which have been repaired ar 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 APPLItABIE): 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 atcessible to normal highway trucks and suflficient area for the crane to install and otfier �qulpment to perform the contract requirements. Customer shall provide notice in writing of low bridges, roadway wfdth or grade, unimproved roads or a�y ather possEble obstacles to access. C7(T reserves the right to charge the customer for additional costs incurred for special equfpment required ta perform delivery and insta�lation. Customers wNl negotiate installatipn on a project- by-project basis, which shall be priced as separate line items. For more information regarding installation and truck turning radlus guldeNnes please see our website at http;(�www,cxeinc,com. In the event delive�y 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 cantract value (excluding shipping a�d installation costs) will be submitted for payment. Delivery and instaflation charges will be invoiced at the time of delivery and installation. Should the delivery and instaliation costs increase due to changes in the delivery period, this increase wiN be added to the price originally quoted, and wili be subject to the contract payment terms. 1� the 2vQnt #hat the dellvery is delayed m�arQ than 90 days after the agreed to sche�iule and through no fauft of CXT, then in addition to the remedies above, a storage fee of 1-Y�96 0� coMract prite per month or any pari of any month wili be Gharged. '"`Customer Is responsible for all local permits and fees. 6. DEUVERY CHARGE; All pNces F.O.B, origin prepaid �nd added to Invpice. CXT operates three i3) manufacturing plants in the United States and wlll deliver from the closest lacation on our car�iers. 7. PAYM�NT TERMS: Paymentto CXT by the purchaser shdll be made net 30 days ahe� submiSsion of the involce to the purchaser on approved credit. Interest at a rate equal to the lower nf {i) the highest rate permitted by law; or (ii) 7 5� per month wifl be chatged montl�ly on all unpaid invoices beginning with the 35th day (includes five (5y daygrace period) horn the date of the invoice. Under no circumstance can retention be taken. If CXT initiates legal praceeding to collect any unpaid amount, purchaser shaU be (iable for all of CXT's costs, expenses and attorneys' fees and costs of any appeal. 8. IiMITATION OF REMEDtES: in the everrt of any breach ofany obtigations hereunder; breach of any warranty re�arding the goods, or any negligent act or omission of arry party, the panties agrQe to wbmit all claims to binding arbitrotlon. A� settlement reached shall Include al) reasonable costs including attorney fees. In no event shall �XT be subJect to or liabie for any fnciderrtal or consequential damag�s.'4A+ithout aimitation on th� foregoing, in no eve� shall CKT be liable for damages in excess of the purchase price o#the goods herein offered. 9, DELIVERY INFORMAT10N: Ali prkes F.O.B. origin prepaid and added to invoice. �XT operates thr�e {3) manufacturing plants in the United States and will deNver from the dosest location un our carriers. Use the information below to determine the origin: • F.O,B. fi701 E. Flamingo Avenue, Building 300, Nampa, ID 83b$7 applles to:AK,CA,HI,ID,MT,ND,NV,QR,SD,UT,WA,WY. • F.O.B. 901 North Highway 77, Hillsborp,TX 76645 applies to AR, AZ, CO, IA, K5, LA, MN, M0, MS, NE, NM, OK, TX. • 60.6. 362 Waverly Road, Wllliamstown, WV 26183 applies to AL, CT, OE, fL, GA, IL, IN, KY, MA, MD, ME, MI, NC, NH, NJ, NY, UH, PA, PR, RI, SC, TPI, VA, VT, WI, WV. • Prices exclude aU federa{/stateliocal taxes. Tax wil! b� charged where applicable if custom�r is unable to provide proof of exemption. Rev.07/?t/2021 Taos with chase restroam building. Standard featu�es include simulated barnwoai te�cture walls, simulated cedar shake textured roof, vitreous cfiina fixtures, 30-gailon water heater, intetior and exterior lights, off loaded, and set up at site. :, Taos 20' x�6' S 143,955.00 143,955.00 Final Connection to Utilitles Optional Wall Texture-�.��. SP� Optional RaofTexture secdon) lnsulation a�d Heaters �SplitFaceBlak ($4AOUy �StruckTrowel (54,000) ❑ Delta Rib Stalnless Steel Water Cbset (each) Stainless SteelLavatory(eachj Stainless Steel Urinal(each) EleCtric Ha� Dryets {e8th) Electronic Flush Valves (eachj Electronic Lavatory Fauceu (each) Electronic Urinal Valve (each) Exterior Mounted ADA Drfnking F�ntein w/Cane Skirt Optional Daor Closure (each) Sirylight in Restroom teach) Marine Grade Skyliqht in Restroom {each) Marine Paekage for Extra torrosion Resist8nce (per section) Tile Floar in Restrpom (per section) Fiberglass Entry�nd Chase Doors and Frames 2K Anti-Gtafbti Coating (pQr sedfon) Timed Electr7c Lock System (2 doors - does not include chase door) Eacterior Frostproof Hose 8ib with Bpx �each) Paper Towel Dispenser (each) Talet Seat Cover Dispenser {each) Sanitary Napkin Disposal {each) Baby Changing Station (each) CXT Wastebasket teach) Custom Options: Eslimated inomhly paymenr on S year lease 54,9$3,9Q S 7,OOOAO [ �Stone ($5,500) ReaetWa S 4,000,00 5 19,500.00 L Qry: 5 S 1,soo.o4 G QLY: 4 $ 1,100,00 � aty: � 5 �,400.00 [ Qty. 2 S 700.00 [ Qry: S 5 750.(10 [ QxY� 4 S 750.00 � c�v: , s �.700.0o C axr� � s a,soQ.00 L, �ty:2 s a�Q.00 G Qty 4 S 950.00 C Qcy: 4 S 2.460.U0 [ S 4.70Q.00 � S 6.00Q,00 C �� 3 S 1,400.00 � � 3,5QQ,Q0 [ Q�: z s aaa.00 G Qc,�: � s �oa.00 � C�tY: 2 S 200.Q0 � Qtv: s s �ao.00 C �Y: 3 5 75.Q0 [ t�ty: 2 S 575.00 [ Qry: 2 S 150.00 [ � II Texture ] � � � � a � 7 ] � 7 � � � � � 7 7 � ] � � � Total Cost of Selerted Accessories from Accessories P►ice List: S $ Engineering and 5kate Fees: $ Estimatzd One-V✓ayTransportatiqn Cpsts to Site (qwote): 3 Estimatea Tax: 5 Tcrtal Cost per UnR Plac�ed at aob Site: , S This price quote is g4ad for 60 days from date below, and is accurate and complete. I C4. Digltally signed � � by Rich Edwards dwards �ate.2o2z,,o.z4 17:19:01 -05'00' CXTSaIeaRepresentative # Oate ''! 7,000.40 0.00 39.000.00 7,500.00 4,A00.00 �,aoo.00 o.ao 0.00 0.00 o.00 4,500.00 soo.00 0.04 OAO 0.00 0.00 Q.OQ 7,DOO.QO �,200.00 50a,OQ aoo.oa a.oa 0.00 0,00 0,00 73,SOO.QO a,000.00 27,200,00 �a�,s�s.00 � � accept this quote. Plea� process thfs order. Sltg #'2 Gompany Name Customer Oate �xterior C�lor Op#ians: {Far single calor mark an X or for two tone carrbinations use W= Wafls / R= Rao f) Amber Rose �oasted Almond Sun Bronze Sand Beige Pueblo Gald Granite Rock Rich Earth Liberty Tan �atr�teal Buf€ Golden 8eige W Natural Honey Cappuccina Cream Georgia Brick CharcQal Grey Berry Mauve Buckskirt Mocha Carmel Salsa Red Coca Milk Western Wheat Hunter Green Sage Green Rosewood Malibu Taupe Java 8rown Raven Black Nuss Brown R ��ergreen Special roof color # Sp.ecial waf� color # Specia! trim cofor # (Sage green, hunter and evergreen cafors are not avaifa6le in co[ored through concrete.} Rotk Color Options: � Basalt aMouniain BEend � NaturaI Grey � Romana Raof Texture Options: � Cedar Si�ake � Ribbed Metal Wall Texture C3ptions: (�or singte texture mark en X�r for defferent top and botta►rr fe�d�ures use T= ToA / B= 8ottam.) Barnw�ad T Fiorizontal �ap Napa VaAey Rack Sp1it Face Block Board & Batt River RQck Can onty6e used 5tucco/Ski Trowel asbottomtexture. E� Brick B Flagstone {Texrures nc�t inc[uded in CXT`s quoie are odd�tionat cost.} boor Opener ��#ions: � Non-locking ADA Handle ❑ Pull Handle/Push Plate � Pri�acy ADA I.atch �eadbolt Options: ❑ CxT Supplied � Customer Supplied: Type & Part Number Accessihle Signage Op#ions: � ���, o,����� Q ��;S�x paper Hoider Options: ❑ 2-Roll Stainless Steel Q 3-Rol! 5tainless Steei Nates: