HomeMy WebLinkAboutReso 143-17 Authorizing Membership with BuyBoard and the Purchase of a Concession Building from the Public Restroom Company RESOLUTION NO. 143 — 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
AUTHORIZING THE CITY OF DUBLIN TO BECOME A MEMBER OF BUYBOARD AND
PURCHASE A CONCESSION BUILDING FROM THE PUBLIC RESTROOM COMPANY FOR THE
EMERALD GLEN RECREATION AND AQUATIC COMPLEX (CIP NO. PK0105)
WHEREAS, the City Council on August 15, 2017, expanded the project scope for the Emerald
Glen Recreation and Aquatic Complex to include a Concessions Building; and
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Dublin does hereby
authorize the City of Dublin to become a member of BuyBoard and authorizes the City Manager to
execute the National Purchasing Cooperative Interlocal Participation Agreement, attached hereto as
Exhibit A.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve
the purchase of a concessions building from the Public Restroom Company for the Emerald Glen
Recreation and Aquatic Complex (CIP No. PK0105).
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the
Agreement for the purchase of the concessions building attached hereto as Exhibit B.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize
the City Manager or his designee to approve the Final Project Contract Change Order based on the
available funds designated for Project No. PK0105.
PASSED, APPROVED AND ADOPTED this 21st day of November 2017, by the following vote:
AYES: Councilmembers Biddle, Goel, Gupta, Hernandez and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
itord
Mayor
ATTEST:
frPZ.
City Clerk
Reso No. 143-17, Adopted 11/21/2017, Item No. 4.7 Page 1 of 1
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NATIONAL PURCHASING COOPERATIVE
INTERLOCAL PARTICIPATION AGREEMENT
This Interlocal Participation Agreement ("Agreement") is made and entered into on the date indicated
below by and between The National Purchasing Cooperative ("Cooperative"), an administrative agency of
cooperating local governments, acting on its own behalf and the behalf of all participating local governments,
and the undersigned local government("Cooperative Member").
I. RECITALS
WHEREAS, the National Purchasing Cooperative was formed on May 26, 2010, pursuant to MD. CODE
Alva., STATE FIN. &PROC. § 13-110 (West 2009), and R.I.GErr.LAws § 16-2-9.2 (2009); and -
WHEREAS, the purpose of this Agreement is to facilitate compliance with state procurement
requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the
governmental purchasing function, and to realize the various potential economies, including administrative cost
savings, for Cooperative Members;
NOW THEREFORE, in consideration of the mutual covenants, promises and obligations contained
herein,the undersigned Cooperative Member and the Cooperative agree as follows.
H. TERMS AND CONDITIONS
1. Adopt Organizational Interlocal Cooperation Agreement. The Cooperative Member by the execution
or acceptance of this Agreement hereby adopts and approves the Organizational Interlocal Agreement
dated May 26, 2010, which agreement is incorporated herein by reference (and is available from the
Cooperative upon request). The Organizational Interlocal Agreement established the Cooperative as an
administrative agency of its collective participants, and Cooperative Member agrees to become a
participant or additional party to that Organizational Interlocal Agreement.
2. Term. The initial term of this Agreement shall commence on the date it is executed by both parties and
shall automatically renew for successive one-year terms unless sooner terminated in accordance with the
provisions of this Agreement. -
3. Termination.
(a) By the Cooperative Member. This Agreement may be terminated by the Cooperative Member
at any time by thirty (30) days prior written notice to the Cooperative, provided any amounts
owed to any vendor have been fully paid.
Page 1 of 6
(Revised by the Cooperative Board of Directors on March 10, 2016).
(b) By the Cooperative. The Cooperative may terminate this Agreement by:
(1) Giving ten (10) days notice by certified mail to the Cooperative Member if the Cooperative
Member breaches this Agreement; or
(2) Giving thirty (30) days notice by certified mail to the Cooperative Member with or without
cause. -
(c) Termination Procedure. If the Cooperative Member terminates its participation under this
Agreement or breaches this Agreement, or if the Cooperative terminates participation of the
Cooperative Member, the Cooperative Member shall bear the full financial responsibility for all
of its purchases made from vendors under or through this Agreement. The Cooperative may seek
the whole amount due, if any, from the terminated Cooperative Member. In addition, the
Cooperative Member agrees it will not be entitled to a distribution which may occur after the
Cooperative Member terminates from the Cooperative.
4. Payments by Cooperative Member. The Cooperative Member will make timely payments to the vendor
for the goods, materials and services received in accordance with the terms and conditions of the bid
invitation, instructions, and all other applicable procurement documents. Payment for goods, materials
and services and inspections and acceptance of goods, materials and services ordered by the procuring
Cooperative Member shall be the exclusive obligation of the procuring Cooperative Member, and not the
Cooperative. Furthermore, the Cooperative Member is solely responsible for negotiating and securing
ancillary agreements from the vendor on such other terms and conditions, including provisions relating to
insurance or bonding, that the Cooperative Member deems necessary or desirable under federal, state or
local law, local policy or rule, or within its business judgment.
5. Payments by Vendors. The parties agree that the Cooperative will require payment from vendors which
are selected to provide goods, materials or services to Cooperative Members. Such payment (hereafter
"Vendor Fees") may be up to two percent (2%) of the purchase price paid by Cooperative Members or a
flat fee amount that may be set from time to time by the Cooperative Board of Directors. Cooperative
Member agrees that these Vendor Fees fairly compensate the Cooperative for the services and functions
performed under this Agreement and that these Vendor Fees enable the Cooperative to pay the
administrative, endorsement, licensing, marketing, and other expenses involved in successfully operating a
program of electronic commerce for the Cooperative Members. Further, Cooperative Member
affirmatively disclaims any rights to such Vendor Fees, acknowledging all such fees are the property of
the Cooperative. Similarly, in no event shall a Cooperative Member be responsible for payment of
Vendor Fees.
6. Distribution. From time to time, and at the sole discretion of the Cooperative Board of Directors, the
Cooperative may issue a distribution to Cooperative Members under a plan developed by the Cooperative
Board of Directors. The Cooperative Member acknowledges that a distribution is never guaranteed and
will depend on the overall financial condition of the Cooperative at the time of the distribution and the
purchases made by the Cooperative Member.
7. Administration. The Cooperative may enter into contracts with others, including non-profit associations,
for the administration, operation and sponsorship of the purchasing program provided by this Agreement.
The Cooperative will provide reports, at least annually, to the Cooperative Member electronically or by
Page 2 of 6
(Revised by the Cooperative Board of Directors on March 10, 2016).
mail. Cooperative Member will report purchase orders generated under this Agreement to the Cooperative
or its designee, in accordance with instructions of the Cooperative.
8. BuyBoard®. Cooperative Member will have a non-exclusive license to use the BuyBoard electronic
purchasing application (BuyBoard) during the term of this Agreement. Cooperative Member
acknowledges and agrees that the BuyBoard electronic application and trade name are owned by the Texas
Association of School Boards, Inc., and that neither the Cooperative nor the Cooperative Member has any
proprietary rights in the BuyBoard electronic application or trade name. The Cooperative Member will
not attempt to resell, rent, or otherwise distribute any part of BuyBoard to any other party; nor will it
attempt to modify the BuyBoard programs on the server or, acquire the programming code. The
Cooperative Member may not attempt to modify, adapt, translate, distribute, reverse engineer, decompile,
or disassemble any component of the application.• The Cooperative Member will use BuyBoard in
accordance with instructions from the Cooperative (or its designee) and will discontinue use upon
termination of participation in the Cooperative. The Cooperative Member will maintain equipment,
software and conduct testing to operate the BuyBoard system at its own expense.
III. GENERAL PROVISIONS
1. Amendment by Notice. The Board may amend this Agreement, provided that prior written notice is sent
to the Cooperative Member at least 60 days prior to the effective date of any change described in such
amendment and provided that the Cooperative Member does not terminate its participation in the
Cooperative before the expiration of said 60 days.
2. Authorization to Participate and Compliance with Local Policies. Each Cooperative Member
represents that its governing body has duly authorized its participation in the Cooperative and that the
Cooperative Member will comply with all state and local laws and policies pertaining to purchasing of
goods and services through its membership in the Cooperative.
3. Bylaws. The Cooperative Member agrees to abide by the Bylaws of the Cooperative, as they may be
amended, and any and all written policies and procedures established by the Cooperative.Notwithstanding
the foregoing, the Cooperative shall provide written notice to the Cooperative Member of any amendment
to the Bylaws of the Cooperative and any written policy or procedure of the Cooperative that is intended to
be binding on the Cooperative Member. The Cooperative shall promptly notify all Cooperative Members
in writing of any Bylaw amendment,policy or procedure change.
4. Cooperation and Access. The Cooperative Member agrees that it will cooperate in compliance with any
reasonable requests for information and/or records made by the Cooperative. The Cooperative reserves the
right to audit the relevant records of any Cooperative Member. Any breach of this provision shall be
considered material and shall make the Agreement subject to termination on ten (10) days written notice to
the Cooperative Member.
5. Coordinator. The Cooperative Member agrees to appoint a program coordinator who shall have express
authority to represent and bind the Cooperative Member, and the Cooperative will not be required to
contact any other individual regarding program matters. Any notice to or any agreements with the
coordinator shall be binding upon the Cooperative Member. The Cooperative Member reserves the right to
change the coordinator as needed by giving written notice to the Cooperative. Such notice is not effective
until actually received by the Cooperative.
Page 3 of 6
(Revised by the Cooperative Board of Directors on March 10, 2016).
6. Current Revenue. The Cooperative Member hereby represents that all payments, fees, and
disbursements required of it hereunder shall be made from current revenues budgeted and available to the
Cooperative Member.
7. Defense and Prosecution of Claims. The Cooperative Member authorizes the Cooperative to regulate the
commencement, defense, intervention, or participation in a judicial, administrative, or other governmental
proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution, or other
appearances of the Cooperative in any litigation, claim or dispute which arises from the services provided
by the Cooperative on behalf of its members, collectively or individually. Neither this provision nor any
other provision in this Agreement will create a legal duty for the Cooperative to provide a defense or
prosecute, a claim; rather, the Cooperative may exercise this right in its sole discretion and to the extent
permitted or authorized by law. The Cooperative Member shall reasonably cooperate and supply any
information necessary or helpful in such prosecution or defense. Subject to specific revocation, the
Cooperative Member hereby designates the Cooperative to act as a class representative on its behalf in
matters arising out of this Agreement.
8. Governance. The Board of Directors (Board)will govern the Cooperative in accordance with the Bylaws.
9. Legal Authority. The Cooperative Member represents to the Cooperative the following:
a) The Cooperative Member has conferred with legal counsel and determined it is duly authorized by
the laws of the jurisdiction in which the Cooperative Member lies to participate in cooperative
purchasing, and specifically,the National Purchasing Cooperative.
b) The Cooperative Member possesses the legal authority to enter into this Agreement and can allow
this Agreement to automatically renew without subsequent action of its governing body.
c) Purchases made under this Agreement will satisfy all procedural procurement requirements that the
Cooperative Member must meet under all applicable local policy, regulation, or state law.
d) All requirements—local or state–for a third party to approve, record or authorize the Agreement
have been met. -
10. Disclaimer. THE COOPERATIVE, ITS ENDORSERS, SPONSORS AND SERVICING
CONTRACTORS, INCLUDING THE NATIONAL SCHOOL BOARDS ASSOCIATION (NSBA) AND
THE TEXAS ASSOCIATION OF SCHOOL BOARDS, INC. (TASB),DO NOT WARRANT THAT THE
OPERATION OR USE OF COOPERATIVE SERVICES WILL BE UNINTERRUPTED OR ERROR
FREE.
THE COOPERATIVE, ITS ENDORSERS, SPONSORS AND SERVICING CONTRACTORS, HEREBY
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY
INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS AGREEMENT, INCLUDING
WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability. Without waiver of the disclaimer or other limitation of liability in this
Agreement,the parties agree that:
(a) Neither party waives any immunity from liability afforded under law;
Page4of6
(Revised by the Cooperative Board of Directors on March 10, 2016).
(b) In regard to any lawsuit or formal adjudication arising out of or relating to this Agreement, neither
party shall be liable to the other under any circumstance for special, incidental, consequential, or
exemplary damages;
(c) The maximum amount of damages recoverable will be limited to the amount of fees which the
Cooperative received as a direct result of the Cooperative Member's purchase activity, w ithin 12
months of when the lawsuit or action was filed; and
(d) In the event of a lawsuit or formal adjudication the prevailing party will be entitled to recover
reasonable attorney's fees.
Without waiver of the disclaimer or other limitation of liability in this Agreement, the parties further agree
to limit the liability of the Cooperative's Endorsers, Sponsors and Servicing Contractors (defined in
Paragraph 11, above) up to the maximum amount each received from or through the Cooperative, as a
direct result of the undersigned Cooperative Member's purchase activity, within 12 months of the filing of
any lawsuit or action.
12. Limitation of Rights. Except as otherwise expressly provided in this Agreement, nothing in this
Agreement is intended to confer upon any person, other than the parties hereto, any benefits, rights, or
remedies under or by reason of this Agreement.
13. Merger/Entirety. This Agreement,together with the Cooperative's Bylaws and Organizational Interlocal
Agreement, represents the complete understanding of the Cooperative and Cooperative Member. To the
extent there exists any conflict between the terms of this Agreement and that of prior agreements, the terms
of this Agreement shall control and take precedence over all prior participation agreements.
14. Notice. Any written notice to the Cooperative may be given by e-mail to NSBA at BuyBoard @nsba.org;
by U.S. mail, postage prepaid, and delivered to the National Purchasing Cooperative, 1680 Duke Street
FL2, Alexandria, VA, 22314; or other mode of delivery typically used in commerce and accessible to the
intended recipient. Notices to Cooperative Member may be given by e-mail to the Cooperative Member's
Coordinator or other e-mail address of record provided by the Cooperative Member; by U.S. mail, postage
prepaid, and delivered to the Cooperative Member's Coordinator or chief executive officer (e.g.,
superintendent, city manager, county judge or mayor); or other mode of delivery typically used in
commerce and accessible to the intended recipient.
15. Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any
reason,the remaining portions shall continue in full force and effect.
16. Signatures/Counterparts. The failure of a party to provide an original, manually executed signature to
the other party will not affect the validity, enforceability or binding effect of this Agreement because
either party may rely upon an electronic or facsimile signature as if it were an original. Furthermore, this
Agreement may be executed in several separate counterparts, each of which shall be an original and all of
which shall constitute one and the same instrument.
17. Authority. By the execution and delivery of this Agreement, each undersigned individual represents that
he or she is authorized to bind the entity that is a party to this Agreement.
Page 5 of 6
(Revised by the Cooperative Board of Directors on March 10,2016).
IN WITNESS WHEREOF, the parties, acting through their duly authorized representatives, accept this
Agreement.
TO BE COMPLETED BY THE NATIONAL PURCHASING COOPERATIVE:
By: Date:
Deputy Associate Executive Director, Member&Leadership Services
National School Boards Association
On behalf of the National Purchasing Cooperative
TO BE COMPLETED BY COOPERATIVE MEMBER: ONLINE AT BUYBOARD.COM VIA
ELECTRONIC SIGNATURE
Page 6 of 6
(Revised by the Cooperative Board of Directors on March 10, 2016).
. . PUBLIC
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Exhibit B
FINAL PROJECT BID: Emerald Glen Park Concession Building, Dublin, CA •
Bid Date: November 14,2017 Project Ref#10289
Contractor License#822966B Dealer License#DL1109895
Manufacturer License#MF1277003 DIR#1000005303
Our Offer to Sell:
1. Wave Concession Building delivered to site @ $373,986
Public Restroom Company herein bids to furnish (building only per plans and specifications,
delivered to site with all costs except installation including applicable taxes excluding
retention.(Retention is not allowed as this is materials or a product fully assembled before
shipment to the site and therefore not subject to retention.) Added to previous quote:
a.) Mapes counter canopy over serving windows; one over dual windows and one over single
serving window @$9,610.
b.) Code compliant grease trap in maintenance closet under pultruded access grating floor
opening cover @$3044.
c.) Allowance for owner in project process modifications @$15,000.
2. Installation:Turnkey Installation of the Building above @ $30,624 with retention allowed.
Public Restroom Company also includes in this two part quotation our turnkey installation
package for this building. Our national factory authorized installation team will:
a. Arrive onsite to confirm and verify the owner provided scope of work in preparation
for installation including access to the site.
b. Verify the building pad size, building corners,finished slab elevation, utility depth and
location, meter size and distance from building, and compaction compliance.
c. Excavate the utility trenches for-placement of our prefabricated underground piping
tree for plumbing and electrical, set the kit in place, provide the water test for
inspection before backfilling, and then place the site adjacent coarse sand you
provide to us alongside the building pad and screed it level for final building
placement. We will need onsite water availability for wetting the sand bed before
building placement to consolidate the pad.
d. Set the building on the site pad.
e. Connect the utility piping stub ups to the building piping stub down building points of
connection for water, sewer, and electrical conduit to the building internal electrical
panel.
3. Owner Final Tie In of Utilities and other site work:
The exterior utility connections for water, sewer and electrical 6' or less from the footprint of
the building are by owner.
Emerald Glen Park Concession Building, Dublin, CA 1 11/8/20171 Reference#:10289-10-25-2017-1
2587 Business Parkway I Minden,NV 89423 I www.PublicRestroomCompany.com I p: 888-888-2060 I f: 888-888-1448
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, 4. Total Cost of building and installation @ $404,610
OWNER SCOPE OF WORK WITH FOOTINGS:
Owner Scope of Work Background:
Owner shall survey the site, establish survey for the building pad and prefabricated building
slab elevation and front corners, excavate for building footings, locate footing sleeves for
electrical, waste, and water, pour the footings DEAD LEVEL ON TOP,furnish nominal 2" coarse
concrete sand base adjacent to subgrade pad, and provide location for utility POC's nominally 6'
' outside the foundation.
Preparation of Building Pad:
Owner is responsible for providing the building subgrade pad and footings to depth per local
code or owner engineer recommendation and Public Restroom Company design specifications.
Subgrade Pad/Foundation Requirements:
1. Owner shall survey the building site and provide a finished slab elevation for the
prefabricated building.The building pad size we require is larger than the final actual
building footprint. Provide building front corner stakes with 10' offsets.
2. Excavate the existing site to the depth of the required footings to local code if required.
3. Furnish coarse concrete sand adjacent to subgrade pad so PRC can cut the utility
trenches, install underground utilities, and screed sand.
Owner verification of site access to allow Building Delivery:
1. You certify to PRC that suitable delivery access to the proposed building site is available.
Suitable access is defined as 14' minimum width, 16' minimum height, and sufficient
turning radius for a crane and 70'tractor-trailer.
2. Our cost is based upon the crane we provide being able to get within 35'from the
building center and for the delivery truck to be no more than 35'from the crane center
picking point.
3. If the path to the building site traverses curbs, underground utilities, landscaping,
sidewalks, or other obstacles that could be damaged, it is the Owner's responsibility for
repair and all costs, if damage occurs.
4. If trench plating is required, it shall be the cost responsibility of the Owner.
5. If unseen obstacles are present when site installation begins, it is the Owner's
responsibility to properly mark them and verbally notify PRC before installation.
Emerald Glen Park Concession Building, Dublin, CA 11/8/20171 Reference#:10289-10-25-2017-1
2587 Business Parkway I Minden,NV 89423 I www.PubticRestroomCompany.com I p: 888-888-2060 I f: 888-888-1448
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Installation Notice and Site Availability:
PRC will provide sufficient notice of delivery of the prefabricated building.The Owner shall
make the site available during the delivery period. During the delivery period, on an improved
site, Owner should stop site watering several days before delivery to minimize the impact on.
the soils for the heavy equipment needed for installation.
Caution: -
If site is not ready for our field crew to perform their installation and if no notice of delay in
readiness from Owner is received, PRC will provide a change order for re-mobilization on a
daily basis until the site is ready for us. Ready means that the site pad is completed, the
corner required survey stakes are in place, the slab elevation stakes are in place, the location
of the front of the building is confirmed on site, and access to the site is available from an
improved roadway. Owner shall sign the change order before we will continue delivery.
Public Restroom Company will "turn-key" set the buildings including the hook up of utilities
inside the building(only)when they are available. PRC will use its own factory trained staff
for the installation.
Utility Connections:
1. The Owner is responsible for flushing all water service lines at least 30 minutes to
remove debris before final connection.
2. The Owner is responsible for the final exterior connections of water, sewer, and
electrical at the exterior of building POC's.
3. PRC provides a POC for water, a POC DWV waste line with a clean out your service
connection, and an electrical schedule 80 PVC sleeve at an exterior POC.
4. PRC provides and connects the interior building utility connections and the Owner or
their subcontractor makes the exterior connections to POC's for services.
Special Conditions, Permits, and Inspection Fees:
Follow any published specifications governing local building procedures for applicable building
permit fees, health department fees, all inspection fees, site concrete testing fees, and
compaction tests, if required by Owner. PRC is responsible for all required State inspections and
final State insignia certification of the building, if applicable.
Jurisdiction for Off-site Work:
Jurisdiction,for permitting and inspection of this building shall be either the State agency who
manages prefabricated building compliance in the state or the local CBO (when the State does
not provide certification.) If the responsibility for building inspection is the local CBO, we will
Emerald Glen Park Concession Building, Dublin, CA 1 11/8/20171 Reference#:10289-10-25-2017-1
2587 Business Parkway I Minden, NV 89423 I www.PublicRestroomCompany.com I p: 888-888-2060 I f: 888-888-1448
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provide a certified plan set, calculations, and a third party engineer inspection report for any
and all closed work the local official cannot see.
PUBLIC RESTROOM COMPANY SCOPE OF WORK:
Our In Plant/Off-Site Construction Scheduling System:
PRC has several off-site manufacturing centers in the United States, strategically located, with
the proper equipment and trained staff to fabricate our custom buildings to our high quality fit
and finish standards. PRC manages quality control in our off-site production facility to comply
with the approved drawings and provides an inspection certification and photos as required.
When proprietary materials, which we have designed and fabricated, are part of the project,
PRC supplies the manufacturing centers with these proprietary PRC components. We then
schedule the in plant construction process to coordinate with your delivery date through our
Operations Division field staff. We guaranty on time at cost delivery weather permitting.
Special Payment and Billing Terms:
We will invoice for our design, engineering, and architectural plans upon our submittal to you. Then,
we invoice on a monthly in plant percentage of completion supported by photographs, State third
party inspection reports, and State certification and expect timely payment at least every 30 days.
In the event of project stoppage, additional fees may be assessed for re-mobilization, storage,
crane costs, etc. Our discounted project costs are based upon timely payments. Delays in
payment could change delivery schedules and project costs.
Delivery and Installation:
Site Inspection:
PRC staff, upon site arrival, will verify the required dimensions of the building pad and the
corner locations/elevation. We will also verify the delivery path from an accessible road or
street and install the underground utilities to the point of connection nominally 6'from the
exterior of the building.
Installation:
PRC will install the building turn-key, except for any exclusion (listed under"Exclusions,"
herein.)
Installation of Utilities under the Prefabricated Building:
We fabricate off-site an underground utilities (water, and DWV piping and fittings)
preassembled plumbing and electrical tree. Our site staff will set the underground tree in the
Emerald Glen Park Concession Building, Dublin, CAI 11/8/20171 Reference#:10289-10-25-2017-1
2587 Business Parkway I Minden,NV 89423 I www.PublicRestroomCompany.com I p: 888-888-2060 I f: 888-888-1448
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excavated trench (excavation by owner to the proper depth per local code) into code depth
excavated trenches and our staff will install the coarse concrete sand to bed the piping per our
submitted drawing.
Your utility POC's start nominally 6'from the building footprint where we pick up the task and
connect your services to the building stub downs. We provide all the under slab piping
(including the driven electrical ground rod or lightning rod, if applicable.)The owner brings
utility services to within 6' of the pad.
Connection of Utilities Post Building Placement:
After placement of the building on the pad by PRC, our field staff will tie in the water and sewer
connection "inside"the building only and terminate at a point of connection (POC) outside the
building clearly marked for each utility service.The Owner is responsible for final utility point of
service connections at the nominal 6'from building locations.
Electrical:
PRC provides the electrical conduit to the POC 6'from the building. The Owner pulls the wire
and ties it off on the electrical panel.
Plumbing:
PRC provides the POC up to 6' from the building footprint and the Owner connects the water to
our stub out location.
Sewer:
Some sites depending on the local jurisdiction will require an outside house trap which Owner-
shall install if needed. PRC will provide you with a sewer point of connection including a clean
out to which Owner will terminate the site sewer service.
Testing of Water,Sewer,and Electrical in Plant and Final Site Utility Connection:
Before the building leaves the manufacturing center, PRC certifies a pressure water piping test,
DWV, and the electrical connections for compliance with code. While the building is fully tested
for leaks at the plant before shipment, road vibration may loosen some plumbing slip fittings
and require tightening once the building services (water) is completed. Owner is responsible
for minor fitting tightening to handle small slip fitting leaks caused by transportation.
Time of Completion:
PRC estimates a 120 day schedule to complete our scope of work from receipt of written notice
to proceed together with signed approved architectural submittals from all authorities required
to approve them. If we receive notice to proceed by 11-15-17 we can deliver end of February
early March.
Emerald Glen Park Concession Building, Dublin, CA 1 11/8/2017 I Reference#:10289-10-25-2017-1
2587 Business Parkway I Minden,NV 89423 I www.PublicRestroomCompany.com I p:888-888-2060 I f: 888-888-1448
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INCLUDED COMPONENTS IN BID:
1. Exterior to follow architecture and finishes on drawings by Dahlin Group.
2. Mapes canopies over serving windows.
3. Coiling window shutters over serving windows.
4. Exterior lighting per Dahlin Group design, LED.
5. Serving window counters at 34" maximum above building interior floor with exterior
sidewalk by others to meet 34" maximum height.
6. Interior tile floors Quarry style in color by Dahlin Group with two part black epoxy grout.
7. Interior tile base shall match floor with same grout.
8. HVAC shall be roof mounted blow down units to code.
9. Roof mounted electrical service box for step down transformer by other to connect to
service panel in mechanical closet below.
10. Roof mounted service line for fiber line to TI closet.
11. Data IT service lines to cash register positions in kitchen serving area.
12. Furnish safe opening in floor of IT room for floor safe per owner specification.
13. Furnish 2-20 amp single duplex outlets and 2 double duplex outlets at locations by Dahlin
Group.
14. Furnish door locks wired for card reader unit to be furnished by owner or others.
15. Exterior doors shall be 14 gauges metal door and jamb painted light color with panic
hardware service and heavy duty door'closer and air curtain with door jamb micro
switch.
16. Serving self-closing windows shall comply with CFSC 216 square inches with tempered
glazing.
17. Stainless serving counters per plan shall be commercial gauges to comply with CFSC.
18. Interior doors shall be vinyl surfaced solid core rehung with hardware per standard CBC
requirements.
19. All plumbing shall be PVC/DWV and water service in PEX or copper per application with
backflow prevention devices for ice maker and Soda dispenser. Floor sinks to code (2)
shall be field installed post setting of building. 3 Compartment stainless code compliant
scullery sink and prep sink shall be commercial grade with drain boards.
20. Interior lighting shall be LED wrap around covered.
21. Hood shall be custom fabricated dual wall with insulation to fire code with built in
makeup air and roof exhaust. Ansul spray system shall be built in with interlock electrical
outlets for all owner furnished high power cooking devices.
22. Electrical distribution panel shall be snap on breakers.
23. Interior wall finish shall be PVC panels for ease of cleaning.
24. Ceiling shall be James Hardie composite fiber cement panels painted two coats of 4 mil
high gloss industrial paint.
25. Water Heater shall be 50 gallon 12 KW heater low boy in mechanical room.
Emerald Glen Park Concession Building, Dublin, CA 1 11/8/20171 Reference#:10289-10-25-2017-1
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26. Mop Sink shall be floor mounted fiber stone with mop holder.
27. Dahlin Group shall review final plan submittals with cut sheets and approve before
construction.
NOT INCLUDED IN BID:
1. All other plan shown food service and restaurant equipment, stainless tables, storage
shelving, lockers, pot racks, storage shelving above equipment, door hardware card reader
lockset, exterior menu sign,transformer,telecommunications equipment including antenna,
internal communication equipment if any, foundation, and final utility connections by others.
Other Exclusions/Exceptions:
1. Access issues for delivery of the building when the owner has not provided a proper
path to the final site.This exclusion covers sites whose access is limited by trees,
inaccessible roadways, overhead power lines at location where crane will lift building,
grade changes, berms, or uneven site grades, or when the path of travel is over
improvements such as sidewalks, all of which are not within the scope of work by PRC.
Any site soils damage or other site improvements if damaged during installation are by
owner.
2. If weather on site causes site delivery issues the delivery may have to be diverted to an
offsite location and the additional costs will be a change order to the bid. Our staff
works with the owner in advance to make sure sound decisions for delivery are made
to avoid this issue. But sometimes owners take risks for weather but this risk is clearly
at the owner's risk not PRC.
3. Any trench plates needed for protection of site soils, sidewalks,or site utilities.
4. Sidewalks outside the building footprint.
5. Survey, excavation, and installation of the building pad and footings, if required, per
our plans previously sent.
6. Soil conditions not suitable for bearing 1500 psf. If no soils testing report is available
before bid,owner must verify site supporting soils at a minimum of 1000 psf are the
least we can place our structures on or owner or engineer of record must design a
foundation system to meet the imposed loads of site placement.
7. Improper water pressure,an undersized meter,or improper water volume flow to the
building may necessitate a change order for the structure to install a 30 gallon pressure
tank to provide the minimum flow rate and pressure. Building water service
chlorination, post installation, is by owner, not PRC.
8. Building permits, a site survey, special inspection fees, minor trash removal,final utility
connections to the onsite water, sewer and electrical are by others and since the
building is fully inspected and tested in plant, minor plumbing leaks (if water is not
available when building site work installation is completed,) is by others.
Emerald Glen Park Concession Building, Dublin, CA 1 11/8/20171 Reference#:10289-10-25-2017-1
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9. Our crane costs,which are included herein, are based on a maximum 35' radius from
the center pin of the crane to center point of the furthest building module roof. If
additional distance requires a larger crane, additional costs may be assessed by the
crane company and a change order will be sent to the owner.
10.The owner shall be responsible for minor shrink wrap trash for building delivery
protection and minor site debris removal or a location for placement on site(nominally
one pickup truck of shipping materials.)
11.Site Traffic Control: If applicable,shall be by Owner not PRC.
Insurance and Prevailing Wage Certification: -
PRC shall comply with the required insurance requirements, wage reports, and safety
requirements for the project, including OSHA regulations.
Special Insurance to protect the Building before acceptance:
As PRC requires payment for each month of off-site construction, and since the building is not
on owner property where their insurance will cover the building, we provide a special policy
that insures the property even when paid for off-site until the building is finally accepted by the
owner. The policy provides the owner as additional insured during this period.
PRC provides the Owner a policy rider to cover the building while it is being built off-site, while
in transit to the job site, during and after it is installed on-site until final acceptance.This special
policy covers the project up to$1,000,000.This exceeds the cost of our scope on this project.
Errors and Omissions Insurance:
Our firm employs licensed architects, engineers, and drafting staff to provide design of our
buildings. Since these buildings are required to meet accessibility standards and building codes
on site, and since we are the designer,we carry Errors and Omissions Insurance (E & 0)to
protect our clients from any errors. The policy covers a limit of up to$2,000,000 per occurrence
and is more clearly explained in the insurance certificates we provide after receipt of a
purchase order.
WARRANTY
PUBLIC RESTROOM COMPANY (Company) herein warrants that all work under this contract will
be free from faulty materials and improper workmanship, except from proper and usual wear,
and agrees to replace or repair, without cost to the Owner, all work found to be improper or
imperfect, upon proper notice to the address stated below. Our Warranty is valid for 5 years
from date of acceptance but shall be extended to 20 years for structural failure.
Our extended warranties shall have no effect on any required Performance and Payment Bonds
who's Surety shall assume no liability to the Company,the Owner, or any third parties should
Emerald Glen Park Concession Building, Dublin, CA 1 11/8/2017 1 Reference#:10289-10-25-2017-1
2587 Business Parkway I Minden, NV 89423 I www.PublicRestroomCompany.com I p: 888-888-2060 I f: 888-888-1448
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the Company fail for any reason to deliver acceptable maintenance warranties beyond the one
year period. The warranty extension is solely between the owner and PRC and not the owner,
bonding company, or architect/engineer of record.
Our warranty is enforceable only if all work performed by Company has been fully paid,
including change orders, if applicable. Company has no responsibility for vandalism, neglect,
abuse, or improper maintenance of the final completed building.
The warranties expressed herein are exclusive, and are in lieu of all other warranties expressed
or implied, including those of merchantability and fitness. There are no warranties which
extend beyond those described on the face of this Warranty. The foregoing shall constitute the
full liability of the Company and be the sole remedy to the Owner.
Term of Offer to Sell and Owner's Acceptance:
This offer is valid for acceptance within 30 days, or when a part of a public bid for the applicable
duration imposed within the Owner's bid documents.Acceptance is by approving our post bid
preliminary notice to begin drawings subject to final owner approval of our submittals and
receipt of a contract or a purchase order/contract.
Special Notice of Possible Project Cost Increases as a Result of Late Payments:
In the event of delayed or late payment, PRC shall have the right to remedies including late
charges, overall project total cost increases, and other damages as allowed by applicable law.
The contract price quoted herein is a discounted price based upon our receipt of progress
payments as invoiced on the agreed billing schedule of PRC. In the event of non-payment, PRC
will provide a 5 day written notice to cure and if payment is still not received,the discounted
price for the payment due may increase,to an undetermined amount,to cover work stoppage,
remobilization, cancellation of materials and subsequent restocking charges, resale of the
contracted building to another party, storage fees, additional crane fees,travel and per diem
costs for field crews, and any other cost applicable to the project, as allowed by law. Interest if
applicable to non-payment will be assessed at the maximum amount allowed by law or 18%
whichever is greater.
Venue for Contract Jurisdiction: -
Public Restroom Company requires all contracts accepted by our firm to hold that the venue for
legal jurisdiction for this contract offer and acceptance shall be Douglas County, Nevada. In the
event of your default, PRC shall be entitled to the full amount due including reasonable
attorney fees, costs, storage, expenses of physical recovery, and statutory interest, as allowed
by law.
Emerald Glen Park Concession Building, Dublin, CA 1 11/8/20171 Reference#:10289-10-25-2017-1
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No modifications to this offer shall be authorized unless confirmed in writing by the President
of PRC.
Offered by: Public Restroom Company by
Charles E. Kaufman, President
This provides conditional acceptance of this preliminary purchase order for this building
subject to acceptance of the submittals,furnished by Public Restroom Company. Once you
accept the preliminary submittals,this shall become a final purchase agreement or at your
discretion the final purchase order or a contract may be substituted with this attached.
Accepted by:
Authorized Signature Date
Printed Name Legal Entity Name and Address
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Emerald Glen Park Concession Building, Dublin, CA 1 11/8/2017 1 Reference#:10289-10-25-2017-1
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