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HomeMy WebLinkAboutE.16 - Staff Report - Veterans Freedom Park Restroom Replacement CONSENT ITEM E-16 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ROBERT DELGADILLO, P.E., DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER DATE: JULY 21, 2025 SUBJECT: AWARD OF CONTRACT TO PUBLIC RESTROOM COMPANY FOR VETERANS FREEDOM PARK RESTOOM REPLACEMENT BACKGROUND: Veterans Freedom Park currently houses Azusa City Hall, the City Library, Barnes House, Durrell House, and a playground area. The park has restrooms that are in very poor condition and need to be replaced. The city is planning to install a turnkey prefabricated restroom building. This action approves the purchase and installation of a new prefabricated restroom building at Veterans Freedom Park from the Public Restroom Company. RECOMMENDATION: Staff recommends the City Council take the following actions: 1)Waive purchasing procedures as authorized under Azusa Municipal Code Section 2-520 – Sole Source Purchases and approve the purchase and installation of a prefabricated restroom building from the Public Restroom Company in an amount of $491,928, plus a contingency for the remaining available project budget of $8,072 for potential change orders, for a total not-to- exceed $500,000; and 2)Authorize the City Manager to execute the Construction Agreement, in a form acceptable to the City Attorney, on behalf of the city. ANALYSIS: Veterans Freedom Parks needs to replace its current restrooms due to significant wear and tear. The new restrooms are designed for high quality, durability, and longevity, accommodating a variety of events. Approved City Council July 21, 2025 Veterans Freedom Park Restroom Replacement July 21, 2025 Page 2 The City’s purchasing procedures allow for the purchase and installation of the new prefabricated restrooms using the cooperative agreement provision outlined in the municipal code. The Public Restroom Company has provided the City with a cooperative agreement through Sourcewell (Contract #081721-PRM), enabling the City to benefit from competitive pricing without incurring the costs associated with standard procurement processes. ENVIRONMENTAL CLEARANCE: This action is exempt from the requirements of the California Environmental Quality Act (CEQA) according to Section 15302, Class 2 (c) – Replacement or Reconstruction of Existing Utility Systems or Facilities, which involve negligible or no expansion of capacity. Staff will file a Notice of Exemption with the Los Angeles County Clerk’s Office. FISCAL IMPACT: The recommended actions award contracts to Public Restroom Company in an amount of $491,928, plus a contingency for the remaining available project budget of $8,072 for potential change orders, for a total not-to-exceed $500,000. The Veterans Freedom Park Restroom Replacement project has been budgeted for $500,000 in the FY 25-26 CIP budget (acct # 13-80-000-661-7120/66626E-7120). Prepared by: Reviewed by: Natalie Reagan Robert Delgadillo, P.E. Management Analyst Director of Public Works/ City Engineer Reviewed and Approved: Sergio Gonzalez City Manager Attachments: 1) The Public Restroom Company Sourcewell Quote 2) The Public Restroom Company Rendering 3) Construction Agreement Veterans Freedom Park – Azusa, CA | 05/28/2025| Reference # 131235/19/2025-2 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 1 of 10 Price Proposal: Veterans Freedom Park - Azusa CA Date: 05/28/2025 Reference: 13123-5/19/2025-2 Sourcewell: Contract # 081721-PRM Our Offer to Sell: 1. Prefabricated Restroom Building delivered to site @ $ 445,320 Public Restroom Company (PRC) 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.) 2. Installation: Turnkey Installation of the Building above @ $ 46,608 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/General Contractor 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 the buildings plumbing and electrical, set the kit in place, provide the water test for inspection before backfilling, and then place the site adjacent coarse sand that Owner/Contractor provided alongside the building pad and screed it level for final building placement. PRC 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. ** Please note: If there is a Community Workforce Agreement or other regulation requiring local labor for installation, Public Restroom Company will not offer this full installation package. The building will be delivered to the site and offset with a crane only. The Owner or General Contractor will be responsible for installation, and a separate price will be issued for the crane and site supervision. Please see “Optional Building Installation Steps – By Others” on page 9.** 3. Owner/General Contractor Final Tie In of Utilities and other site work: a. The Owner/Contractor is responsible for making all final plumbing connections at the POC location approximately 4’-6’ outside of the building footprint. b. The Owner/Contractor is responsible for pulling wire and completing all final tie-ins to the electrical panel from the POC location approximately 4’-6’ outside of the building footprint. c. The Owner/Contractor is responsible for preparing the pad/foundation. PRC will trench through provided pad/foundation to the POC locations provided by the GC between 4’- 6’ outside of the building footprint. 4. Total Cost of Building and Installation @ $ 491,928 Veterans Freedom Park – Azusa, CA | 05/28/2025| Reference # 131235/19/2025-2 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 2 of 10 OWNER/GENERAL CONTRACTOR SCOPE OF WORK WITH/WITHOUT FOOTINGS: Scope of Work Background: Owner/General Contractor shall survey the site, establish survey for the building pad and prefabricated building slab elevation and front corners, excavate for building footings (if required), locate footing sleeves for electrical, waste, and water, pour the footings (if required), furnish sand base adjacent to subgrade pad, and provide location for utility POC’s nominally 4’-6’ outside the building’s subgrade. Preparation of Building Pad: Owner/General Contractor is responsible for providing the building subgrade pad or when required footings to frost depth. Determination of subgrade type is outside of Public Restroom Company’s scope. Pad/Footing specifications are to be provided by the Owner/General Contractor based on site-specific requirements as determined by AHJ and local soil conditions. Final subgrade design must meet or exceed the minimum design criteria provided for reference by Public Restroom Company. Subgrade Pad/Foundation Requirements: 1. Owner/General Contractor shall survey the building site and provide a finished slab elevation for the prefabricated building. The building pad size required 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. 4. If determined that under slab vapor barrier and or insulation is required, Owner/General Contractor shall provide materials and installation. Owner/General Contractor 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. PRC cost is based upon the provided crane being able to get within 35’ of the building’s 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/General Contractor ‘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/General Contractor. 5. If unseen obstacles are present when site installation begins, it is the Owner/General Contractor responsibility to properly mark them and verbally notify PRC before installation. 6. If weather becomes an issue for safety or site installation delays due to weather, Owner/General Contractor or PRC with General Contractor’s confirmation may call-off set. If building set is stopped, relocation of the building modules to an onsite or offsite location may incur additional costs to Owner/General Contractor. Veterans Freedom Park – Azusa, CA | 05/28/2025| Reference # 131235/19/2025-2 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 3 of 10 Installation Notice and Site Availability: PRC will provide sufficient notice of delivery of the prefabricated building. The Owner/General Contractor 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/General Contractor 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/General Contractor shall sign the change order before PRC will continue delivery. Public Restroom Company will turnkey 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. PRC to complete all internal building plumbing connections and connections from the electrical panel to building’s fixtures. The Owner/ Contractor is responsible for making the final plumbing connections at the POC location approximately 4’-6’ outside of the building footprint. 2. The Owner/Contractor is responsible for pulling the wire and completing the final tie-in to the electrical panel from the POC location approximately 4’-6’ outside of the building footprint. 3. The Owner/Contractor is responsible for commissioning the building once final utility connections are made. This includes flushing & testing all water service lines before final startup. 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, PRC will provide a certified plan set, calculations, and a third-party engineer inspection report for any and all closed work the local official cannot see. Veterans Freedom Park – Azusa, CA | 05/28/2025| Reference # 131235/19/2025-2 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 4 of 10 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 PRC proprietary designed and fabricated material are part of the project, PRC supplies the manufacturing centers with these proprietary components. The in-plant construction process is then scheduled to coordinate with your delivery date through our Operations Division field staff. PRC guaranties on time, at cost delivery weather permitting. Special Payment and Progress Billing Terms: Invoicing begins on the 30th of the month following an order and/or the acceptance of the proposal/contract. The first progress billing invoice will be issued for the commencement of design and engineering of architectural plans. This will be 10% of the contracted amount. Once construction begins invoicing will commence monthly based on plant percentage of completion, supported by photographs. 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. PRC 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 turnkey, except for any exclusion (listed under “Exclusions,” herein.) Installation of Utilities under the Prefabricated Building: Off-site, PRC fabricates underground utilities (water, and DWV piping and fittings) preassembled plumbing and electrical tree. Our site staff will set the underground tree into code depth excavated trenches and our staff will install the coarse concrete sand to bed the piping per our submitted drawing. PRC provides all the building’s under-slab piping including the driven electrical ground rod. The Owner/General Contractor brings utility services to between 4’-6’ outside of the building footprint and are responsible for final connections at that point. Veterans Freedom Park – Azusa, CA | 05/28/2025| Reference # 131235/19/2025-2 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 5 of 10 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/General Contractor is responsible for final utility point of service connections at the nominal 4’-6’ from building locations. Electrical: PRC provides the electrical conduit to the POC 4’-6’ from the building. The Owner/General Contractor pulls the wire and ties it off on the electrical panel. Plumbing: PRC provides the POC between 4’- 6’ from the building footprint and the Owner/General Contractor connects the water to our stub out location. Sewer: Some sites depending on the local jurisdiction will require an outside house trap which Owner/General Contractor shall install if needed. PRC will provide you with a sewer point of connection including a clean out to which Owner/General Contractor 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/General Contractor is responsible for minor fitting tightening to handle small slip fitting leaks caused by transportation. Time of Completion: PRC estimates a 240 calendar day schedule to complete our scope of work from receipt of written notice to proceed together with signed approved architectural submittals; including final construction documents and structural calculations from all authorities required to approve them. Exclusions/Exceptions: 1. Access issues for delivery of the building by a clear unobstructed path of travel from an improved roadway to the final installation pad or foundation may cause site delays and extra cost at each 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 disallowing our delivery trailers with only 4” of clearance to grade, 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. On some sites without on-site storage availability for buildings that cannot be set, relocation to a proximal crane yard and later relocated to the site for installation, will incur additional fees at rates that vary depending on local rates. PRC will provide written costs for this additional work by change order. Veterans Freedom Park – Azusa, CA | 05/28/2025| Reference # 131235/19/2025-2 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 6 of 10 2. If weather on site causes site delivery issues, the delivery may have to be diverted to an off-site location and the additional costs will be a change order to the bid. Our staff works with the Owner/General Contractor in advance to make sure sound decisions for delivery are made to avoid this issue. But sometimes Owner/General Contractor take risks for weather, but this risk is clearly at the Owner/General Contractor risk, not PRC. 3. Sidewalks outside the building footprint. 4. Trench plates or matting needed for protection of site soils, sidewalks, hardscaping, or site utilities shall be the responsibility of the Owner/General Contractor. Any site soils damage or other site improvements if damaged during installation shall be the responsibility of the Owner/General Contractor. 5. Not responsible for removing any soil, sand, or other debris as a result of trenching or installation. 6. Survey, location of building corners, finish floor elevation, excavation, and construction of subgrade building pad and footings (if required) per PRC plans. 7. Soil conditions not suitable for bearing a minimum of 1500 PSF with compaction to 90% maximum dry density shall require Owner/General Contractor correction before building placement. If no soils testing report is available before bid, Owner/General Contractor must verify site supporting soils at a minimum of 1500 PSF because that is the least we can place our structures on or Owner/General Contractor or engineer of record must design a foundation system to meet the imposed loads of site placement. 8. Improper water pressure, an undersized meter, or improper water volume flow to the building may necessitate a change order for installation of a building internal diaphragm tank to provide the minimum flow rate and static pressure of up to 60 PSI and a minimum of 40 PSI to properly flush the fixtures. Building water service chlorination, post installation, shall be by Owner/General Contractor. 9. Our bid included crane costs are based on a maximum 35’ radius from the center pin of the crane (10’ back from the rear of the crane) to the building center point of the furthest building module roof. If additional distance requires a larger crane, additional costs will be assessed by change order to the Owner/General Contractor. 10. Bonds, building permits, a site survey, special inspection fees, minor trash removal (nominally one pickup truck of shipping materials), final utility connections to the on-site water, sewer and electrical are by the Owner/General Contractor. 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 the Owner/ General Contractor. 11. Site Traffic Control, if applicable, shall be by Owner/ General Contractor, not PRC. 12. Any equipment installation, site work or special inspections other than described within this proposal, shall be by Owner/General Contractor. 13. Backflow certification if applicable by Owner/ General Contractor. 14. Any Fire Suppression Systems by others, not by PRC. 15. Any future transformers, related shut offs, and disconnects for electrical is by others, not by PRC. 16. If determined that under slab vapor barrier and or insulation is required, Owner/General Contractor shall provide materials and installation. Veterans Freedom Park – Azusa, CA | 05/28/2025| Reference # 131235/19/2025-2 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 7 of 10 17. If required any gutter and downspout materials and installation will be procured and installed by others. 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, PRC maintains a special policy that insures the property even when paid for off-site until the building is finally accepted by the owner. This special policy protects the Owner’s custom ordered materials to be used in the fabrication of the building during this period. PRC provides this Stock Throughput Policy to cover the building materials from supplier to manufacturer, 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 has a $1,000,000 coverage limit. This exceeds the cost of any single building offered for sale herein. 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 PRC is the designer, PRC carries Errors and Omissions Insurance (E & O) 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 provided after receipt of a purchase order. WARRANTY: All work performed by PUBLIC RESTROOM COMPANY (called “Company”) shall be warranted to the Owner to be of good quality, free of faults and defects in material, workmanship, and title for 5 years from last date of installation if building is installed by Company or 1 year if building is installed by Owner or Owner’s agent without on-site supervision by Company. Company warranty on building shell including exterior walls, concrete 8” slab/foundation, and roof system is warranted for 20 years structurally. The Company will repair or replace at their sole option any defects in work upon proper notice to the below stated address below. Owner/General Contractor selected parts and materials that are not PRC approved will not be covered under PRC’s 5 year component warranty. These selections will be covered only by any available manufacturer warranty. Our Company extended warranties shall be Company only and shall have no effect on any required Performance, Payment, or Warranty Bonds where Surety shall assume no liability to the Company, the Owner, or any third parties should 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 general contractor, bonding company, or architect/engineer of record. Veterans Freedom Park – Azusa, CA | 05/28/2025| Reference # 131235/19/2025-2 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 8 of 10 This warranty applies only if all work performed by Company has been fully paid for, including change orders if applicable. Company has no responsibility for any neglect, abuse, or improper handling of building product. 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/General Contractor Acceptance: This offer is valid for acceptance within 90 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/General Contractor 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. Termination: Upon Termination for any reason, Owner/General Contractor shall be liable for the cost of all work performed up to the date of termination. Additionally, Owner/General Contractor shall pay for off-site demolition and disposal of the partially or fully fabricated building as well as any non-returnable materials which were custom-ordered to complete fabrication in PRC’s factory location. Any returned materials are subject to return and restocking fees at the Owner/General Contractor expense. 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. Veterans Freedom Park – Azusa, CA | 05/28/2025| Reference # 131235/19/2025-2 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 9 of 10 Optional Building Installation Steps – By Others: If a Community Workforce Agreement or other labor regulation requires the use of local labor for site work, our trained installation staff will not be able to complete the installation work on site. In these cases, Public Restroom Company shall provide one staff member for supervision of installation work being performed by others for warranty to be valid. Below is a general guide for the installation and may not constitute a full installation process depending on the unique features of the site, building, and utilities needed. 1. Underground Utility Prep: *Reminder - 8” slab arrives with the building* a. Owner/ General Contractor to stringline outside of building slab and mark the utility drop locations per the plumbing drop plan provided with submittal drawings. b. Owner/ General Contractor to trench utility lines to meet the drop locations. c. Owner/ General Contractor to assemble the underground sewer piping, electrical conduit, and install underground water line. d. Trench and install building utilities. e. Slope the sewer to code (minimum 2%). f. Shade pipes with sand while waiting for the underground inspection. g. Pass local building underground inspection. h. Backfill with course mason sand around all the plumbing risers. i. Pad should be laser level 8” below the finish floor elevation. Place course mason sand and screed sand flush using 2x4’s. 2. Building Off-Load and Set: a. Remove plastic shrink wrap. b. Remove steel tie-down plates from building slab and install provided pick plates. c. Remove the electrical conduit from the main panel, clear all block out grates. d. Hook up the rigging and install protection from rigging at the fascia. e. Pick the building slowly, lift the building up 1 inch off the trailer to make sure building is secure. Check the level of the building and adjust with shackles. f. Set the building on the sub-grade at marked location. g. Repeat for any additional building modules. 3. Final Install Steps: a. Make sure the building is level and aligned properly (block joints, cap beam, concrete slab, plumbing, fascia, ridge, etc.) b. Dry in the roof including caulking joints at the fascia. c. Connect all interior plumbing, including clean outs before the exterior sewer POC. d. Connect the 2” electrical conduit to the main panel in the chase, install 10’ ground and connect it to the Ufer ground that is located under the panel. e. Touch up paint, as needed. f. Sweep out all the rooms, wipe all fixtures and doors, etc. g. Install backer rod where the building modules join. h. Install self-leveling caulking on the floor slab joints where the building modules meet. Veterans Freedom Park – Azusa, CA | 05/28/2025| Reference # 131235/19/2025-2 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 10 of 10 No modifications to this offer shall be authorized unless confirmed in writing by the President of Public Restroom Company. Offered by: Public Restroom Company by _________________________________ Charles E. Kaufman IV, 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 Signed _______________________________ _______________________________ Printed Name Legal Entity Name and Address PROJECT REF#: 13123-5/19/2025-2 COPYRIGHT 2025, PUBLIC RESTROOM COMPANY THIS MATERIAL IS THE EXCLUSIVE PROPERTY OF PUBLIC RESTROOM COMPANY AND SHALL NOT BE REPRODUCED, USED OR DISCLOSED TO OTHERS EXCEPT AS AUTHORIZED BY THE WRITTEN PERMISSION OF PUBLIC RESTROOM COMPANY. AZUSA, CALIFORNIA RESTROOM BUILDING 2587 BUSINESS PARKWAY MINDEN NEVADA 89423 P: 888-888-2060 F: 888-888-1448 www.PublicRestroomCompany.com VETERANS FREEDOM PARK FLOOR PLAN SCALE: NOT TO SCALE THIS CONCEPTUAL/ PRELIMINARY DESIGN AND THE 3D RENDERING IS AN ARTISTIC INTERPRETATION OF THE DESIGN. IT IS NOT MEANT TO BE AN EXACT RENDITION OF THE FINISH PRODUCT. SOME ITEMS MAY NOT BE STANDARD AND/OR SUBJECT TO CHANGE DURING PROJECT DEVELOPMENT HD UTILITY CHASE/ STORAGE ELEC. PANEL ACC/ RR #1 2" 12 ' - 8 " ( R O O F O V E R A L L ) 2" 10'-0" 30'-0" ROOF OVERALL 8"8"28'-8" BUILDING OVERALL 8'-8"10'-0" OUTSIDE LAVATORIES BC 12 ' - 4 " ( B U I L D I N G O V E R A L L ) BC DRINKING FOUNTAIN W/ BOTTLE FILLER HD RR #2 ACC/ RR #4 RR #3 EXHAUST FAN ABV. EXHAUST FAN ABV. 1 - 2 - FLOOR PLAN SCALE: 3/16"=1'0" A-1 MAX. PERSON / HOUR:PROJECT #: REVISION # 180 SHEET# START DATE: DRAWN BY: REVISION DATE: DRAWN BY: C O P Y R I G H T 2 0 2 5 P U B L I C R E S T R O O M C O M P A N Y T H I S M A T E R I A L I S T H E E X C L US I V E P R O P E R T Y O F P U B L I C R E S T R O O M C O M P A N Y A N D S H AL L N O T B E RE P R O D U C E D , U S E D , O R D I S C L O S E D T O O T H E R S E X C E P T A S AU TH OR IZ ED B Y T HE WR ITT EN P E R M I S S I O N O F P U B L I C R E S T R O O M C O M P A N Y . ~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE PROJECT: BUILDING TYPE: S PROJECT REF#: 13123-5/19/2025-2 RESTROOM BUILDING VETERANS FREEDOM PARK AZUSA, CA THIS CONCEPTUAL/ PRELIMINARY DESIGN AND THE 3D RENDERING IS AN ARTISTIC INTERPRETATION OF THE DESIGN. IT IS NOT MEANT TO BE AN EXACT RENDITION OF THE FINISH PRODUCT. SOME ITEMS MAY NOT BE STANDARD AND / OR SUBJECT TO CHANGE DURING PROJECT DEVELOPMENT 13123 5/14/2025 EOR 2 RESTROOM BUILDING 5/19/2025 EOR HD T.O. SLAB 0'-0" T.O. WALL 7'-4" 12 3 12 ' - 8 " OUTSIDE LAVATORIES DRINKING FOUNTAIN W/ BOTTLE FILLER HD RESTROOMALL GENDER RESTROOMALL GENDER STATION CHANGING RESTROOMALL GENDER STATION CHANGING TILE WALL VILLA DECRA METAL ROOF STUCCO LIGHT FIXTURE, TYP. RESTROOMALL GENDER SCALLOP WALL FEATURE T.O. SLAB 0'-0" T.O. WALL 7'-4" 12 ' - 8 " VILLA DECRA METAL ROOF STUCCO A-2 ELEVATION 1 SCALE:3/16"=1'-0" ELEVATION 2 SCALE:3/16"=1'-0" MAX. PERSON / HOUR:PROJECT #: REVISION # 180 SHEET# START DATE: DRAWN BY: REVISION DATE: DRAWN BY: C O P Y R I G H T 2 0 2 5 P U B L I C R E S T R O O M C O M P A N Y T H I S M A T E R I A L I S T H E E X C L US I V E P R O P E R T Y O F P U B L I C R E S T R O O M C O M P A N Y A N D S H AL L N O T B E RE P R O D U C E D , U S E D , O R D I S C L O S E D T O O T H E R S E X C E P T A S AU TH OR IZ ED B Y T HE WR ITT EN P E R M I S S I O N O F P U B L I C R E S T R O O M C O M P A N Y . ~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE PROJECT: BUILDING TYPE: S PROJECT REF#: 13123-5/19/2025-2 RESTROOM BUILDING VETERANS FREEDOM PARK AZUSA, CA THIS CONCEPTUAL/ PRELIMINARY DESIGN AND THE 3D RENDERING IS AN ARTISTIC INTERPRETATION OF THE DESIGN. IT IS NOT MEANT TO BE AN EXACT RENDITION OF THE FINISH PRODUCT. SOME ITEMS MAY NOT BE STANDARD AND / OR SUBJECT TO CHANGE DURING PROJECT DEVELOPMENT 13123 5/14/2025 EOR 2 RESTROOM BUILDING 5/19/2025 EOR CONTRACT - 1 - CITY OF AZUSA STANDARD CONTRACT VETERANS FREEDOM PARK RESTROOM REPLACEMENT PROJECT PROJECT NO. 66626E-7120 THIS CONTRACT is made this____day of [JULY, 2025], in the County of Los Angeles, State of California, by and between the City of Azusa, hereinafter called City, an d [Public Restroom Company], hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project: VETERANS FREEDOM PARK RESTROOM REPLACEMENT PROJECT PROJECT NO. 66626E-7120 The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within XX working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of [four hundred ninety-one thousand, nine hundred twenty-eight] ([$491,928]). Payment shall be made as set forth in the General Conditions. ARTICLE 4. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $300 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: CONTRACT - 2 - Notice Inviting Bids Instructions to Bidders Bid Form Contractor’s Certificate Regarding Workers’ Compensation Bid Bond Designation of Subcontractors Information Required of Bidders Non-Collusion Affidavit form Contract Performance Bond Payment Bond General Conditions Special Conditions Technical Specifications Addenda Plans and Drawings Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of the California Labor Code applicable to this Project. ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions. ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at Azusa City Hall or may be obtained online at http//www.dir.ca.gov/dlsr and which must be posted at the job site. ARTICLE 9. DECLARATION OF POLITICAL CONTRIBUTIONS. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the city council within the previous twelve-month period by the Consultant and all of Consultant's employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement. ARTICLE 10. CONFLICT OF INTEREST. In the procurement of supplies, equipment, construction, and services by sub-recipients, the conflict of interest provisions in (State LCA – CONTRACT - 3 - 24 CFR 85.36 and Non-Profit Organizations – 24 CFR 84.4), OMB Circular A-110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub-recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. [PUBLIC RESTROOM COMPANY] ________________________________ Name and Title ________________________________ Signature of Contractor License No. ______________________ CITY OF AZUSA _______________________________ Sergio Gonzalez City Manager ________________________________ Jeffrey Lawrence Cornejo Jr. City Clerk Approved as to Form: ______________________________ Best Best & Krieger LLP City Attorney BONDS - 4 - PERFORMANCE BOND FOR VETERANS FREEDOM PARK RESTROOM REPLACEMENT PROJECT PROJECT NO. 66626E-7120 KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, City of Azusa (hereinafter referred to as “City”) has awarded to [Public Restroom Company], (hereinafter referred to as the “Contractor”) an agreement for Project No. 66626E (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, [Public Restroom Company], the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of [four hundred ninety-one thousand, nine hundred twenty- eight] ([$491,928]), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. BONDS - 5 - The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the CITY, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations 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 Project. BONDS - 6 - IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________________, 2025. _________________________________________ CONTRACTOR/PRINCIPAL _________________________________________ Name By_______________________________________ SURETY: By: ______________________________________ Attorney-In-Fact The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) ___________________________________________ ___________________________________________ ___________________________________________ (Name and Address of Agent or ___________________________________________ Representative for service of process in California, if different ___________________________________________ from above) ___________________________________________ (Telephone number of Surety and ___________________________________________ Agent or Representative for service of process in California BONDS - 7 - STATE OF CALIFORNIA COUNTY OF On before me, (here insert name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________________ (Seal) NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto. BONDS - 8 - PAYMENT BOND FOR VETERANS FREEDOM PARK RESTROOM REPLACEMENT PROJECT PROJECT NO. 66626E-7120 KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Azusa (hereinafter designated as the “City”) has awarded to [Public Restroom Company], hereinafter designated as the “Principal,” a contract for the work described as follows: Project No.66626E (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of [four hundred ninety-one thousand, nine hundred twenty-eight] ([$491,928]) lawful money of the United States of America, 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 if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement BONDS - 9 - herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 2025 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) Principal (Property Name of Contractor) By (Signature of Contractor) (Seal of Surety) Surety By Attorney in Fact (Attached Attorney-In-Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and +surety and a power of Attorney MUST BE ATTACHED.