Res 2024-233 approving the award of a contract to CXT Inc., through the Sourcewell Cooperative Purchasing Program, for a precast concrete fully accessible restroom facility for the Dunbar Park Restroom

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Docusign Envelope ID:4882FD96-A208-44EA-8573-FB7767E265D9 a.:Ac 11k"C"h"axY CONTRACT NUMBER 2025-009 AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND CXT,INC. FOR DUNBAR RESTROOM ENCLOSURE This Agreement ("Agreement") is entered into by and between THE CITY OF SAN MARCOS, a municipality in the State of Texas ("City" or"Owner"), and CXT, Inc., 606 N. Pines Road, Suite 202, Spokane Valley, WA 99206 ("Contractor" or "Firm") and is effective for all purposes as of the date of the last signature to this Agreement("Effective Date"). Background. This agreement provides for the acquisition and delivery of a precast concrete restroom building that will be installed in Dunbar Park. The facility will include two separate singer user, fully ADA accessible restrooms. City and Contractor,the"Parties",agree as follows: 1. Services. Contractor will perform the Services to manufacture and deliver a Cortez— 10'3"X 17' structure with two single user fully accessible flush restrooms ("Services" or "Project") and provide deliverables ("Deliverables")set forth in Exhibit 1,attached and incorporated for all purposes,to the satisfaction of City. 2. Compensation. Contractor's fees for the Services are set forth in Exhibit 1,for One Hundred Nine Thousand, One Hundred Sixty-Eight Dollars($109,168.00). 3. Payments. City will pay to Contractor compensation for performance of the Services within thirty (30) days after receipt of an appropriate invoice and City's approval of Services. Payment will be made in accordance with the Texas Prompt Payment Act, currently codified in Chapter 2251, Texas Government Code. Payment for delivery of Services rendered will not be unreasonably withheld or delayed. If City disapproves any amount submitted for payment by Contractor, City will give Contractor specific reasons for disapproval in writing within a reasonable time. Upon resolution of any disputed charges, Contractor will re-invoice such remaining charges to City. 3.1 Payment(s)will be made by the City upon the completion and acceptance of the work performed under this contract,and submission of an original invoice to the City of San Marcos,Accounts Payable Division, 630 East Hopkins Street, San Marcos, Texas 78666, or c 5RUa s c sarttam��g.� , [X �c y. 3.2 Invoices will include the Contract Number, work description, unit price, quantity, extended price, as applicable. 3.3 Invoices must be submitted to the City no later than sixty(60)days following completion of work/delivery of Services. 4. City's Representative. The City designates the following individual as its representative authorized to act in the City's behalf with respect to this Agreement. The City representative's contact information is: Bert Stratemann, Parks Operations Manager Parks and Recreation Department 630 East Hopkins Street San Marcos, Texas 78666 Telephone: 512-393-8454 Email. IiSNI�rtcn �nn�'�r! �m11rr1s 1.1° uStVaa Rev 11 27 2023 Page I of 7