HomeMy WebLinkAboutR-2026-035 Authorizing Execution of Sales Contract with Custom Container Living for Restroom at Variety KC Inclusive ParkRESOLUTION NO. R-2026-035
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A SALES
CONTRACT WITH CUSTOM CONTAINER LIVING, INC. FOR RESTROOM AT
VARIETY KC INCLUSIVE PARK
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI AS FOLLOWS:
THAT the Board of Aldermen hereby approves the Sales Contract and
Superseding Addendum, copies of which are attached hereto in their substantial form,
with Custom Container Living, Inc. and authorizes the Mayor to execute the same on
behalf of the City; and
FURTHER THAT that the Board of Aldermen hereby invokes Section 135.070(8)
of the Municipal Code and formally waives the competitive bidding procedures otherwise
required, and further finds and declares that entering into a contract with Custom
Container Living, Inc . is in the best interest of the City due to the company's specialized
expertise and its ability to meet the City's required timeframes; and
FURTHER THAT the Mayor, the City Administrator, and other appropriate City
officials are hereby authorized to take any and all actions as may be deemed necessary
or convenient to effectuate the sale and conveyance of the apparatus and to carry out
and comply with the intent of this Resolution and to execute and deliver for and on behalf
of the City all certificates, instruments, agreements and other documents, as may be
necessary or convenient to perform all matters herein authorized.
PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside,
Missouri, the 17th day of March 2026.
/s/ Kathleen L. Rose
Kathleen L. Rose, Mayor
ATTEST:
/s/ Melissa McChesney
Melissa McChesney, City Clerk
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ADDENDUM
1. This addendum is made and entered as of the last date in the signature box below, by and
between the City of Riverside, Missouri ("City") and Custom Container Living, Inc.
("Company").
2. This addendum form is hereby made a part of the Sales Contract by and between the parties
hereto ("Agreement"), modifying and superseding where it is inconsistent. All other terms and
conditions of the Agreement remain unchanged, and this addendum is expressly incorporated
and made a part of the Agreement.
3. Company may not assign or transfer this Agreement without prior written approval of the City.
4. Nothing in this Agreement shall constitute a waiver of the City's sovereign immunity,
official immunity, or any other limitation on liability under Missouri law. The City shall
not provide an indemnity, and any clause requiring the City to indemnify Company is
hereby deleted.
5. Company acknowledges that Section 285.530 RSMo prohibits any business entity or
employer from knowingly employing, hiring for employment, or continuing to employ an
unauthorized alien to perform work within the State of Missouri. Company therefore
covenants that it is not knowingly in violation of subsection 1 of Section 285.530 RSMo,
and that it will not knowingly employ, hire for employment, or continue to employ any
unauthorized aliens to perform Work on the Project, and that its employees are lawfully
eligible to work in the United States .
6. The Company shall furnish the City with a Payment Bond in a form set forth as attached
hereto in an amount at least equal to one hundred percent (100%) of the contract price.
Such bond shall be executed by the Company and a corporate bonding company licensed
to transact such business in the state in which the Work is to be performed and named on
the current list of "Surety Companies Acceptable on Federal Bonds" as published in the
Treasury Department Circular Number 570 and shall have a rating of at least "A-" from
A.M. Best.
7. Time is of the essence with respect to all dates, deadlines, and obligations set forth in this
Agreement. Each party acknowledges that strict compliance with such deadlines is a
material term of this Agreement.
8. City representatives may inspect the work at Company's facility at reasonable times upon
48 hours, notice.
9. Company shall, at its sole cost and expense, procure and maintain the following insurance
coverages, with companies authorized to do business in the State of Missouri and rated not less
than A-VII by A.M. Best:
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a. Commercial General Liability (CGL). Minimum limits of $3,000,000 per occurrence
and $4,000,000 general aggregate, covering bodily injury, personal injury, property
damage, products/completed operations, contractual liability, and
independent contractors.
b. Workers' Compensation and Employer's Liability. Workers' Compensation
coverage in compliance with Missouri law.
c. Builder's Risk/ Installation Floater. Company shall maintain Builder's Risk
insurance (or an Installation Floater) covering the Structure, materials, and
equipment from commencement of fabrication through final acceptance by the
City. Coverage shall be written on an "all-risk" or equivalent special form basis in
an amount equal to at least the full replacement cost of the Structure. The City of
Riverside shall be listed as Loss Payee and Additional Insured. The Policy shall
cover transit, loading and unloading, and on-site storage until the City issues written
notice of final acceptance.
d. Automobile Liability. Combined single limit of $3,000,000 for all owned, hired,
and non-owned vehicles used in delivery or performance of the work.
e. Proof oflnsurance; Conditions Precedent to Payment. Company shall provide the City
with certificates of insurance and copies of Additional Insured and Waiver of
Subrogation endorsements before any work: begins or any payment is made .
f. Subcontractors. Company shall ensure that any subcontractor performing work
under this Agreement maintains insurance meeting the same requirements and shall
obtain Certificates of Insurance verifying such coverage.
I 0. The occurrence of any of the following shall constitute a default by Company under this
Agreement:
a. Failure to meet any milestone or delivery deadline;
b. Failure to correct defective or non-conforming work within the time specified by
the City;
c. Failure to supply adequate labor, materials, or equipment;
d. Failure to comply with applicable laws, codes, permits, or inspection requirements;
e. Failure to maintain required insurance;
f. Misrepresentation of any material fact;
g . Abandonment of the project;.
h. Insolvency, bankruptcy filing, or assignment for the benefit of creditors; or
i. Any other material breach of this Agreement.
Upon the occurrence of any Company default, and after providing written notice and a
reasonable cure period (not to exceed ten (10) days unless otherwise agreed), the City may
pursue any and all legal or equitable remedies available under Missouri law. No act or
failure to act by the City shall constitute a waiver of any default, nor limit the City's right
to enforce the Agreement.
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IN WITNESS WHEREOF , the parties have caused this Agreement to be executed by themselves
or by their authorized representatives.
CUSTOM CONTAINER LIVING, INC.:
By: /s/ Robert Wagoner
Name: Robert Wagoner
Title: President
Dated: 03/25/2026
CITY OF RIVERSIDE, MISSOURI:
By: /s/ Kathleen L. Rose
Kathleen L. Rose, Mayor
ATTEST:
/s/ Melissa McChesney
Melissa Mcchesney, City Clerk
COUNTERSIGNED BY:
CITY PURCHASING AGENT:
By: /s/ Greg Mills
Greg Mills, City Administrator
Dated: March 18, 2026
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Bond No.: 139131906
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS: that Custom Container Living, Inc. a
Corporation, hereinafter called Principal, and The Cincinnati Insurance Company [insert name of
surety], hereinafter called Surety, are held and firmly bound unto the CITY OF RIVERSIDE, MISSOURI
("City"), and unto all persons, firms and corporations who or which may furnish labor, or who furnish
materials to perform as described under the Agreement and Contract Documents more fully described
below and to their successors and assigns in the total aggregate penal sum of One hundred eighty-one
thousand eight hundred sixty-five Dollars ($181,865.00) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the Principal entered into
a certain Agreement with the City, dated the 25th day of March, 2026, for the
manufacture & deliver of a Custom 16' x 20' Bathroom approved by Resolution No. 2026-035;
NOW, THEREFORE, in the event Principal shall pay the prevailing hourly rate of wages for each
craft or type of worker required to execute the Work required by the Contract Documents described in the
Agreement in the locality as determined by the Department of Labor and Industrial Relations of Missouri
or by final judicial determination pursuant to the provisions of Sections 290.010 to 290.340 and 290.550
through 290.580, inclusive, of the Revised Statutes of Missouri, and shall timely pay to the proper parties
all amounts due for material, machinery, equipment and tools, consumed or used in connection with the
construction of such Work, and all insurance premiums, workers' compensation, and all other kinds of
insurance, on such Work, and for all labor performed in such Work whether by Principal, Subcontractor,
or otherwise, then this obligation to be void, otherwise to remain in full force and effect, and the same
may be sued on at the instance of any Subcontractor, material supplier, laborer, mechanic, or other
interested party, in the name of the City of Riverside, to the use of such parties, for any breach of the
considerations hereof.
Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Contract Documents or to the Work to be performed thereunder shall in any wise affect its
obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the Contract Documents or to the Work.
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The Payment Bond above is accepted by the City this 2nd day of April , 2026.
Custom Container Living, Inc.
CONTRACTOR AS PRINCIPAL
By:
(Signature)
Printed Name: Robert Wagoner
Title:
I hereby certify that (1) I have authority to execute this document on
behalf of Surety; (2) Surety has an A.M. Best rating of A- or better; (3)
Surety is named in the current list of Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and Acceptable
Reinsuring Companies: as published in Circular 570 (most current
revision) by the Financial Management Service, Surety Bond Branch,
U.S. Department of the Treasury; and (4) Surety is duly licensed to
issue bonds in the State of Missouri and in the jurisdiction in which the
Project is located.
The Cincinnati Insurance Company
SURETY
By: /s/ Andrea J. Canady
(Signature)
Printed Name: Andrea J. Canaday
Title: Attorney-In-Fact
Date: April 2, 2026
Note:
• Date of Bond must NOT BE PRIOR TO DATE OF AGREEMENT
• if Contractor is a partnership, all partners must execute the Bond.
SURETY POWER OF ATTORNEY MUST BE ATTACHED
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THE CINCINNATI INSURANCE COMPANY
THE CINCINNATI CASUALTY COMPANY
Fairfield, Ohio
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY and THE CINCINNATI CASUALTY
COMPANY, corporations organized under the laws of the State of Ohio, and having their principal offices in the City of Fairfield, Ohio
(herein collectively called the "Companies"), do hereby constitute and appoint
Craig J Seiler , Brenda L Mulkey, Theresa C Johnson, Melissa A Allen, Andrea J Canaday
of OVERLAND PARK, KS
their true and legal Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and
deliver on behalf of the Companies as Surety, any and all bonds, policies, undertakings or other like instruments, as follows:
Twenty Five Million Dollars and 00/100 ($25,000,000.00)
This appointment is made under and by authority of the following resolutions adopted by the Boards of Directors of The Cincinnati
Insurance Company and The Cincinnati Casualty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the President or any Senior Vice President be hereby authorized, and empowered to appoint Attorneys -in -Fact
of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and
may authorize any officer or any such Attomey-in-Fact to affix the corporate seal; and may with or without cause modify or
revoke any such appointment or authority. Any such writings so executed by such Attorneys -in -Fact shall be binding upon the
Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.
RESOLVED, that the signature of the President or any Senior Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Vice -President and the Seal of the
Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified
by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid
and binding on the Company.
IN WITNESS WHEREOF, the Companies have caused these presents to be sealed with their corporate seals, duly attested by their
President or any Senior Vice President this 16th day of March, 2021
STATE OF OHIO
)SS:
COUNTY OF BUTLER )
THE CINCINNATI INSURANCE COMPANY
THE CINCINNATI CASUALTY COMPANY
/s/ Stephen A. Ventre (sp)
On this 16th day of March, 2021 before me came the above -named President or Senior Vice President of The Cincinnati Insurance
Company and The Cincinnati Casualty Company, to me personally known to be the officer described herein, and acknowledged that the
seals affixed to the preceding instrument are the corporate seals of said Companies and the corporate seals and the signature of the
officer were duly affixed and subscribed to said instrument by the authority and direction of said corporations.
/s/ Keith Collett
Keith Collett, Attomey at Law
Notary Public - State of Ohio
My commission has no expiration date.
Section 147.03 O.R.C.
I, the undersigned Secretary or Assistant Vice -President of The Cincinnati Insurance Company and The Cincinnati Casualty Company,
hereby certify that the above is the Original Power of Attorney issued by said Companies, and do hereby further certify that the said
Power of Attorney is still in full force and effect.
Given under my hand and seal of said Companies at Fairfield, Ohio, this 2nd day of April, 2026
BN-1457 (3/21)
SALES CONTRACT
WHEREAS Custom Container Living, Inc (CCL), and City of Riverside (Buyer),
together "The Parties," agree to the following terms:
1. Subject. The subject of this Sales Contract (Agreement) is the manufacture and
delivery of one or more container structures (Structure). The Structure Design shall be as set
forth in Addendum A, which includes characteristics, drawings, the bid, and other relevant
illustrations. The term Structure shall apply to any and all container structures in the Structure
Design.
2. Structure Description. The Structure(s) that is the subject of this Agreement is
generally described as: Custom 16' by 20' bathroom
3. Purchase Price and Payment. Buyer agrees to pay to CCL the Purchase Price
amount of $181,865 over 4 payments. Each payment shall be applied to the purchase price of the
structure(s). The Payment schedule is as follows:
Pmt Amount Milestone Due Date
1 $45,466.25 Due 14 days after signing of contract 14 Days
2 $45,466.25 Due 30 to 45 days prior to start of construction July+/-
3 $45,466.25 Due at the halfway point of construction August+/-
$45,466.25 Due when construction is complete and ready for October+/-
4 delivery
Total $181,865
4. Change Orders. The Parties agree that if changes to the Structure(s) are ordered
by Buyer and accepted by CCL, that a Change Order will be signed by both parties and added as
an addendum to this Agreement. Payment for change orders is due upon signing of the change
order, or as otherwise agreed by the parties. If the change order payment is to be added to the
schedule of payments in Section 3 of this agreement, a new schedule of all payments shall be
included in the change order. Changes to Delivery and Placement shall also be reflected in
Change Orders agreed to by both parties.
5. Delivery. Upon completion, CCL shall deliver the Structure to Buyer. All
standard delivery fees are included in the purchase price. Delivery means transporting the
Structure from CCL to Buyer, including Standard Placement of the Structure without a crane, as
described in Section 13. In the event that Standard Placement is not possible, and additional
equipment is required for Placement of the Structure due to conditions of the delivery site, Buyer
shall pay additional Placement charges. Buyer agrees that CCL has the right to determine
whether delivery is unreasonably risky or dangerous due to conditions of the site itself, weather
related, snow-or ice-covered roads leading to the site or at the site, temperatures that could
prevent a completed delivery (too cold to paint, caulk, apply sealants, etc.) or the site has not
been graded and prepared for the arrival of home. It is highly recommended you watch our
delivery video and ask any questions you have with a CCL team member. If you are still unsure
of a successful delivery it is recommend you request a site visit by a CCL team member (site
visits have an additional cost).
6. The Structure shall be delivered to the following address:
501 NW Teal Rising Way, Riverside, MO 64150
7. Utilities. Buyer is responsible for setting up and connecting all utility services to
each Structure, once it is set. This includes but is not limited to electricity, sewer, water, gas, and
internet.
8. Delays Beyond Control/Force Majeure. The estimated delivery date of the
Structure is set out in Section 3 of this Agreement. Buyer acknowledges that the Structure is
being custom built for Buyer, and that assembly is dependent upon some factors not under the
control of CCL. CCL is not responsible for delays beyond CCL's control caused by (including
but not limited to) delayed delivery of materials, plant shutdowns, staffing shortage, pandemic
restrictions, Covid 19 , acts of God, changes to scope of work, natural disasters, unusually severe
weather, any present or future law or regulation or government authority, war, civil or military
disobedience , riot, terrorism, fire, earthquake, storm, flood, strike, work stoppage, or similar
occurrence. CCL will notify Buyer promptly in writing of any encountered delay of or inability
to perform any obligations set forth under this Agreement and provide a new estimated delivery
date to Buyer.
9. Available Date. CCL will provide written notice via email to Buyer of the date
the Structure is available for delivery (Available Date). That milestone payment as set forth in
Section 3 of this Agreement will be due within 10 days of this notice. Failure to make payment
by this date is a material breach of this Agreement. CCL will then send a second written notice
providing an additional I 0-day period for Buyer to make that milestone payment. If Buyer fails
to make the payment after the lapse of the second notice period, Buyer is in Default of the
Agreement.
10. Delivery Date. The delivery date will be agreed upon by both parties, after the
Available Date notice has been received by Buyer, and after payment has been made by Buyer as
set forth in Section 9. By agreeing to the Delivery Date, Buyer represents that the condition of
the site is safe and ready for Placement. If Buyer is aware of weather or some other temporary
condition that may render Delivery and Placement difficult or dangerous , Buyer shall contact
CCL 72 hours in advance of the Delivery Date in order to reschedule. In the event that CCL
tenders Delivery for Placement, and the site is not safe and ready for any reason, Buyer will bear
any additional costs incurred by CCL. If there are Delays Beyond Control, CCL will contact
Buyer to reschedule the Delivery Date.
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11. Default. Buyer shall be in default under this Agreement if (a) Buyer fails to
follow the payment schedule in Section 3 and does not make payments as outlined and described
in Section 9, (b) CCL advises, in writing, that it requires additional information and Buyer fails
to provide such information within the timeframe specified by CCL, or ( c) Buyer refuses to agree
to pay any Price Increases as further discussed in Section 21 of this Agreement. In the event that
Buyer is found to be in Default of this Agreement, CCL shall have the right to retain Buyer's
deposit. Buyer shall have no further right to the Structure, CCL shall not be obligated to deliver
the Structure to Buyer. Additionally, CCL is entitled to pursue Liquidated Damages as set forth
in Section 25 this Agreement.
12. Early Delivery. If the Structure is available for delivery before the scheduled
date, and the property as identified in Section 6 of this agreement is prepared and safe for
delivery, and CCL desires to deliver, Buyer may accept Early Delivery upon reasonable notice
from CCL. In this event, Buyer agrees to make the payment (as listed above in Section 3,
Payments) in advance so that the associated Structure can be scheduled for Early Delivery.
13. Placement. CCL will transport the Structure to the site located at the address in
Section 6, on the Delivery Date as defined in Section 10. The site is the location where the pad,
foundation or piers have been set by Buyer, and have been made ready by Buyer for Placement.
The purchase price includes Standard Placement, which means: Access to the site with a semi-
truck and trailer (Semi); Roadway and driveway must be dry and solid, covered with compacted
gravel, or a hard surface to prevent Semi from getting stuck; Site entrance or driveway from
roadway must be 35' to 40' wide to allow Semi access by turning down or backing in from
roadway; Easy, safe access to the site from driveway with at least 150' of open clearance with
solid ground at one end of the pad site for semi to get straight with pad for unloading; A pad or
piers provided that they are only elevated 4" or less. If these conditions are not available at the
site for Standard Placement, then additional Placement fees will be charged, and are due upon
Delivery, billed directly to Buyer. Additional Placement fees include the cost of special
equipment (e.g. a crane may be needed if the pad or piers are elevated more than 4") and
additional labor. If labor by CCL employees is required, it will be billed at $90 per hour per
employee, plus any additional travel and living expenses, and billed to Buyer. Any deviation
from Standard Placement will be reflected in a Change Order and attached to this Agreement as
an Addendum. CCL may require Buyer to sign the Change Order prior to unloading the
Structure.
14. Site Prep. Buyer must prep the site for the Structure. CCL will not prepare the
site for the Structure, or grade soil. The Buyer may request that CCL perform a site visit prior to
Delivery for an additional fee. In the event that CCL begins delivery of the Structure, but
delivery cannot proceed because of either site prep, access, or safety issues, Buyer may choose to
either have the Structure unloaded at another site within 3 miles of the Delivery Address in
Section 5, or have CCL return the Structure to its facility. In the event that a second delivery is
scheduled, CCL will charge another delivery fee to redeliver the Structure. The second delivery
fee may be greater than the original delivery fee and is set by CCL. Any change in delivery will
be reflected in a Change Order and attached to this Agreement as an Addendum. Buyer agrees
that CCL has the right to determine whether delivery is unreasonably risky or dangerous due to
conditions of the site itself, the roads leading to the site or any weather conditions.
CCL HAS NOT CONDUCTED A SITE VISIT -A STANDARD DELIVERY WILL APPLY
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15. Permits, Utility Connections, State and Local Ordinances. CCL will use its
best efforts to provide Buyer with guideline information about required (if any) permits, utility
connections, and/or changes necessary for compliance with state or local ordinances. The
information provided by CCL should be used as a guideline only, and Buyer is responsible for
verifying, obtaining, and providing CCL with accurate information about requirements for
relevant permits, utility connections, and compliance with state and local ordinances. CCL does
not guarantee or represent that information provided as a guideline is accurate. Buyer agrees not
to rely on that information. If any changes to architectural plans, engineering plans, container
Structure, or the site are required because of state or local ordinances, codes, zoning, or for any
other reason, Buyer must request a Change Order that will be attached to this Agreement as an
Addendum. Payment for these changes shall be made by Buyer within 7 days of the Change
Order, and change work shall not be performed until Buyer pays for it.
16. Compliance with Applicable Laws and Ordinances. Buyer shall comply with
all applicable laws, including but not limited to state and local laws and ordinances as well as all
applicable industry standards. If an applicable law or ordinance requires a licensed plumber or
electrician to make utility connections to the Structure or any appliances, Buyer shall engage
local licensed professionals at their own expense. In the event that CCL performs any work, it
does not change Buyer's obligation under this section. If Buyer fails to obtain a necessary
permit or notify CCL of any permits needed by their state or local jurisdiction, and as a result
CCL is unable to deliver or place the Structure, then CCL may, at their option, obtain the permit.
If CCL incurs any costs, fines, or forfeitures, Buyer agrees to indemnify CCL, and shall pay that
amount to CCL within 7 days of notice from CCL. Failure to make such payment to CCL shall
be a material breach of this Agreement, and shall place the Buyer in Default.
17. Pre-Delivery Inspection. Upon notice of Available Date, before delivery, Buyer
may Notify CCL if Buyer would like to inspect the Structure before delivery at CCL's facility by
contacting CCL at contact@customcontainerliving.com. Upon inspection by Buyer, any
changes or corrections will be discussed. If Buyer would like to make changes, a Change Order
shall be created if needed. If Buyer advises CCL of any build issues, CCL will perform necessary
corrections. If Buyer fails to request the Pre-Delivery Inspection, it will be waived, and the
Structure will be presumed to be built as Designed and agreed.
18. Post-Delivery Inspection. Upon Delivery and Placement of the Structure, Buyer
will have 2 weeks to inspect the Structure. Buyer will provide CCL with notification in the form
of a list of any and all build defects or issues. CCL agrees to make any necessary repairs within
21 days ( or within a reasonable time if necessary and notice by CCL is given) after the Post-
Delivery Inspection period. CCL is not responsible for damage or defects caused by Buyer's
failure to connect utilities to, or properly maintain the Structure. In the event that there are no
build issues for which repair is necessary, Buyer may provide CCL with notice of that fact. In the
event that Buyer does not provide CCL with any notice within 2 weeks after Placement of the
Structure, the Parties agree that the Structure does not require any repairs.
19. Warranty. Buyer is responsible for all maintenance and upkeep of the
Structure(s). CCL will repair or replace any malfunctioning part or system in the
Structure for 1 year after Delivery and Placement on a permanent foundation unless such
malfunctioning part or system was due to (a) Buyer's failure to properly maintain the
Structure(s) or (b) ordinary use of the Structure(s). During this period CCL will repair
any water leaks, plum bing and electrical system, and other construction issues. CCL does
not warrant that the Structure will float if dropped in water or that the Structure is
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tornado proof. CCL constructs the Structure from an almost new, one-way shipping container.
Shipping containers of this type are constructed to a standard which makes them watertight and
resistant to extremely strong winds. After CCL performs construction, the Structure should retain
these characteristics, however, CCL does not guarantee or represent that your container Structure
will be windproof, hurricane proof, tornado proof, fireproof or floodproof. A shipping container
may have suffered damage from use in the past as a shipping container that we are unaware of,
which may affect the utility or quality of that container's use as a Structure. Buyer acknowledges
that the Structure is made from a repurposed one-way shipping container that might have been
used to transport substances, materials, or chemicals. CCL cannot make any guarantees that the
container is free of any residue of chemicals or substances from fabrication of the shipping
container when it was new or any of the items transported in it during the life of the shipping
container. CCL does not warrant that any specific use or damage to the shipping container has or
has not occurred. During Design, Buyer may choose to have a new floor installed in the
container, for a fee.
20. Appliances and Fixtures. Notwithstanding Section 19, after CCL makes repairs,
if any, the result of the Post-Delivery Inspection, Buyer assumes the risk for repairing any
appliances and fixtures in the Structure. CCL will provide Buyer with warranty information for
these items, including but not limited to refrigerator, oven, hvac, plumbing and electrical
fixtures. Buyer agrees to deal with the manufacturer of these items directly. In any event, the
Warranty outlined in Section 18 does not apply to handyman or contractor repairs or
replacement of minor fixtures under $1,000 per item.
21. Price Increases. The Purchase Price is fixed for completion, Delivery, and
Placement as stated in this Agreement. Due to fluctuations in material, supply, transportation,
elevated labor cost, and fuel costs, CCL reserves the right to pass along unforeseen cost increases
to Buyer, not to exceed 3% of the above contracted price. If such increases occur, CCL will
notify Buyer of the increase, the reason, documentation of the increase, and the amount. The
increases will be reflected in a Change Order and attached to this Agreement as an Addendum.
Refusal of Buyer to agree to pay Price Increases shall be a material breach of this Agreement,
and shall place the Buyer in Default.
22. Risk of Loss. CCL shall maintain appropriate insurance throughout the build and
delivery of the Structure in the case of an unforeseen accident that would cause the Structure to
require repair or replacement. Buyer assumes the risk of loss to the Structure once it has been
permanently affixed to the foundation or piers. Buyer is responsible for verifying with Buyer's
applicable insurer that, upon affixation to the foundation or piers, any damage or loss to the
Structure or damage and/or loss related to the Structure will be covered by Buyer's applicable
insurance. CCL cannot bind Buyer's insurance and Buyer shall provide to CCL adequate proof
of insurance coverage required herein, including but not limited to certificate(s) of insurance or
any additional proof required by CCL to fully protect the interests of CCL. Buyer waives any
claims against CCL due to risk or loss of any kind after the Structure is affixed to the foundation
or piers, even if Buyer's insurance is not yet effective. After the Structure is affixed to the
foundation or piers, to the fullest extent permitted by law, Buyer agrees to defend, hold harmless
and to indemnify CCL for loss or damage to the Structure, loss or damage to property and/or any
injury or death to any person caused by and/or related, in any way, to the Structure or related, in
any way and in whole or in part, to Buyer's negligent acts and/or omissions regardless of any
negligence on the part of CCL
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23. Limitation of Liability. Notwithstanding any other provision of this Agreement
and to the fullest extent permitted by law, Buyer agrees that the total liability, in the aggregate , of
CCL and CCL's officers, directors, partners, employees, agents, and consultants to Buyer, its
subsidiary and/or affiliated companies, and their respective officers, directors, employees,
agents, and anyone claiming by, through , or under Buyer for any and all injuries, claims, losses,
expenses, or damages whatsoever arising out of, resulting from, or in any way related to this
Agreement and any Addenda, from any cause or causes , shall be limited to the proceeds of
CCL's available insurance coverage.
24. Cancellation. Buyer may cancel this Agreement without any penalty within 3
business days of signing this Agreement. Buyer's notice of cancellation must be in writing,
physically delivered to CCL's address within 3 business days of signing this Agreement. Upon
receiving notice of cancellation, CCL shall refund any deposit paid by Buyer within 7 business
days of Buyer's deposit clearing CCL's bank.
At any time , for any reason, if CCL elects to cancel this Agreement, provided that Buyer
has not breached this Agreement, CCL shall immediately provide Buyer with written notice, and
refund any funds paid by Buyer within 7 business days of Buyer's funds clearing CCL's bank.
If Buyer cancels this Agreement more than 3 business days after the date of this
Agreement, or if Buyer is in Default of the Agreement, CCL shall retain Buyer's deposit. CCL is
also entitled to pursue Liquidated Damages as set forth in Section 25.
25. Liquidated Damages. If Buyer is in Default of this Agreement, CCL shall be
entitled to keep the Structure in its existing condition, free from any claim of Buyer. In addition,
Buyer shall pay CCL an amount equal to 10% of the Purchase Price in Section 3 this Agreement.
26. Notice. The Parties ' current contact information for purposes of notice is:
CCL
Custom Container Living, Inc
809 S. Orange St.
Butler, MO 64730
816-885-1344
contact@customcontainerliving.com
Buyer
City of Riverside
2990 NW Vivion Rd
Riverside, MO
27. Governing Law. This Agreement shall be interpreted and governed by Missouri
Law, and exclusive jurisdiction to resolve any disputes shall be in Cass County.
28. Dispute Resolution. CCL and Buyer agree to submit all claims and disputes
arising out of this Agreement to non-binding mediation prior to the initiation of legal
proceedings. This provision shall survive the completion or termination of this Agreement;
however, neither party shall seek mediation of any claim or dispute arising out of this Agreement
beyond the period of time that would bar the initiation of legal proceedings to litigate such claim
or dispute under the applicable law.
Custom Container Living, INC. Sales Contract
Buyer's Initials KLR
Page 6
29. Attorney's Fees. If any term of this Agreement must be litigated to be enforced
the prevailing party will be entitled to an award ofreasonable attorneys' fees from the other
party, along with any costs of suit and discretionary costs required to pursue this matter.
30. Entire Agreement. The Parties agree that this Agreement with the Exhibits and
Addendums are the entire Agreement between the parties. Any modification or Addendum must
be in writing signed by both parties. There shall be no oral modifications.
31. Severability. If any term, condition, or provision of this Agreement is found to be
unenforceable for any reason, the remaining terms, conditions, and provisions of this Agreement
shall be in full force and effect.
32. Counterparts. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
AND WHEREAS The Parties agree by signing below:
/s/ Robert Wagoner 03/25/2026
Robert Wagoner, Managing Member Date
Custom Container Living, INC.
FOR BUYER:
/s/ Kathleen L. Rose 3/17/2026
NAME: Kathleen L. Rose
TITLE: Mayor
Custom Container Living, INC. Sales Contract
Buyer's Initials KLR
Page 7
SAMPLE CHANGE ORDER
WHEREAS Custom Container Living, Inc (CCL), and (Buyer),
together "The Parties," entered into a Sales Contract (Agreement) on / / for fabrication and
installation of the subject Structures;
AND WHEREAS The Parties agree to the following changes to terms of the Agreement:
1.
2.
BASED ON THESE CHANGES, The Parties agree to this Change Order. And by
signing below, this Change Order shall become part of the Agreement between The Parties on
this the day of .
Robert Wagoner, Managing Member Date
Custom Container Living, INC.
FOR BUYER:
NAME: Date
TITLE:
Custom Container Living, INC. Sales Contract
Buyer's Initials KLR
Page 8
ADDENDUM A
Reference Quotation #S2624 7
Custom Container Living, INC. Sales Contract
Buyer's Initials KLR
Page 9
Transforming Spaces One Container at a Time
City of Riverside ATTN: Noel Bennion
2950 NW Vivion Rd.
Riverside MO 64150
United States
Quotation Date
02/18/2026
Description
Custom Build
4 Stall ADA Accessible Restroom
Expiration
03/20/2026
Custom Container Living
809 S. Orange St.
Butler, MO 64730
United States
Quotation# 526247
Salesperson
Bryce Smith
Quantity Unit Price Amount
1.00 Units $ 184,880.00 $ 184,880.00
The bathroom will be constructed within two 20' one trip high cube shipping containers. The container structure will be 16' wide,
20' -6" long, 9'6" tall. Roof will be added on atop container structure.
Exterior
Siding: exterior will be sided with board and batten siding (siding and color chosen by owner) LP products will be used
Roof: will be standing seam metal, single slope (sloped front to back) roof with a 12" sof(it overhang on all sides, soffit and facia
metal will match color of roof metal
Entry Doors: all doors will be steel framed/steel slab commercial doors -total of four 3' single outswing doors, one 2' outswing for
plumbing access
Door Hardware: Will include Sch/age (or similar) mortise L series (or similar) Lockset, HES (or similar) Electric Strike -bathroom
doors will include occupancy indicator lock , chase entrance will have hardware, but no occupancy switch -total of 5 doors
Door Conduit: Conduit will be run and junction boxes placed per plans provided by Convergint -Convergint to finish out
necessary wiring on site -total of 5 doors
General
Hardware: all door hardware to be brushed nickel finish
Interior Lighting: will install 4k LED 6" can lights -2 in each bathroom
Page 1 / 4
Transforming Spaces One Container at a Time
Custom Container Living
809 S. Orange St.
Butler, MO 64730
United States
Quotation# 526247
Exhaust Fans: will install one Braun exhaust fan in each bathroom -total of 4 (ventilation vent) vented to the exterior, fan will be
wired with light)
Heating and Cooling: will install Hyper Heat Mitsubishi mini-split system with an indoor head in each bathroom -total of 4.
Chase will include pass-through vent to condition the air.
Exterior Lights : will install an exterior light beside each bathroom door -total of 4
Emergency Lights: will install wall mounted emergency lights with battery backup in each bathroom above the door -total of 4
Interior
Interior Walls & Ceiling: will be Duramax Panels (selected by owner)
Flooring: flooring to be Sherwin Williams Epoxy coating with decorative color chips -owner to select color
Floor Drains: will install one Zurn 2" floor drain with a 5 3/16" round nickel Bronze Strainer, floor drain tied in to plumbing line
ADA Stalls with Adult Changing Stations -total of 2
Toilet -will install one (1) Gerber or similar porcelain ADA height floor mounted elongated toilet bowl with Sloan (or similar)
automatic hard-wired flush valve, standard plastic open front toilet seat, rear discharge
Sink: will install one ADA wall hung vanity sink (open below), porcelain -white in color
Faucet: will install Moen or similar motion sensor faucet, chrome finish
Soap Dispenser: will install Georgia Pacific Automated Touchless Soap Dispenser in black
Electric Hand Dryer: will install (1) Excel XL-SB 110/120 Xlerator electric hand dryer with stainless steel antimicrobial wall guard
below dryer
ADA Grab Bars: will install (2) ADA compliant grab bars behind and beside toilet
Adult Changing Stations: will install (1) Koala Care KB3000-AHL or Similar Adjustable Height Adult Changing Table
Lighting: will install 2 LED can lights with occupancy sensor switch
ADA Stall with Child Changing Stations -total of 2
Page 2 / 4
Transforming Spaces One Container at a Time
Custom Container Living
809 S. Orange St.
Butler, MO 64730
United States
Quotation# 526247
Toilet -will install one (1) Gerber or similar porcelain ADA height floor mounted elongated toilet bowl with Sloan (or similar)
automatic hard-wired flush valve, standard plastic open front toilet seat, rear discharge
Sink: will install one ADA wall hung vanity sink (open below), porcelain -white in color
Faucet: will install Moen or similar motion sensor faucet, chrome finish
Soap Dispenser: will install Georgia Pacific Automated Touchless Soap Dispenser in black
Electric Hand Dryer: will install (1) Excel XL-SB 110/120 Xlerator electric hand dryer with stainless steel antimicrobial wall guard
below dryer
ADA Grab Bars: will install (2) ADA compliant grab bars behind and beside toilet
Child Changing Station: will install (1) Koala Kare KB300-SS or similar Horizontal Surface Mounted Changing Station
Lighting: will install 2 LED can lights with occupancy sensor switch
Plumbing Chase
Plumbing Chase: will be a minimum of 30" wide and accessible with a 2' commercial door on one side of the structure
Water heater: will install Eco-Smart point-of-use electric water heater, total of 2 to service all four sinks
Equipment
Electrical Panel: will install one 200 amp electrical service panel -exterior panel location, will work with owner on placement
location
Water Fountain: will install one MDF 10485 WMSS or similar drinking fountain and filler on the exterior -will coordinate with
customer to determine location
Includes stamped structural and MEP engineered drawings for restroom. If any other certifications are required, cost will be billed
to customer on final invoice.
Page 3 / 4
Transforming Spaces One Container at a Time
Custom Container Living
809 S. Orange St.
Butler, MO 64730
United States
Quotation# 526247
Double Container Delivery 225.00 Units $9.00 $2,025.00
Delivered to Variety KC Park in Riverside, MO. This includes our standard
drop-off delivery. If any special equipment is required for delivery, total
cost will be the responsibility of the buyer. CCL will weld the bathroom to
embed plates in the foundation. Owner is responsible for connecting
utilities
Payment Bond
CCL to furnish payment bond equal to the amount of the purchase price
Discount
Discount
Subtotal
Tax
Total
1.00 Units $5,460.00 $5,460.00
1.00 Units $ -10,500.00 $-10,500.00
$ 181,865.00
$0.00
$ 181,865.00
Thank you for the opportunity to provide a quote for this project. We could not be more excited about another potential
project with the city of Riverside. Please let me know if you have any questions.
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