Pismo Beach City Council
December 17, 2024

G\T Y OF

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.0
Meeting Date: December 17, 2024
TITLE:

Authorization for the Purchase of a New Restroom at Addie Street from the Public Restroom Company
RECOMMENDATION:

1. Adopt a Resolution authorizing the purchase of a new restroom for the Addie Street Parking Lot from the Public Restroom Company in the amount of$693,614; and

2. Authorize staff to advertise for construction bids for the Addie Street Restroom Project.

DISCUSSION:

The Addie Street Restroom project replaces the current restroom with a new larger restroom that incorporates a lifeguard office restroom at the Addie Street Parking Lot. In May 2023, the City entered into a professional services agreement with Eikhof Design Group for engineering design services for the project. Design documents are nearing completion, and a construction bid package is being prepared.

This project, when completed, will provide for new restrooms and additional restrooms, as well as serve as a headquarters for the Pismo Beach Lifeguard Program. The project is fully funded by LBID.

Staff located a restroom under the Public Restroom Company's cooperative government purchasing agreement #081721-PRM (Attachment 2). The City's Purchasing Policy authorizes "piggyback" purchases such as this one upon recommendation of the City Manager. The Public Restroom Company quote is provided as Attachment 1.A.

Conclusion and Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment 1) authorizing the purchase of a new restroom from the Public Restroom Company in the amount of $693,614, and authorize staff to advertise for construction bids for the Addie Street Restroom project.

FISCAL IMPACT:

The fiscal impact of adopting the attached Resolution is $693,614 for purchase and installation of the Addie Street restroom. The project budget includes $1,200,000 for construction of the project in the Capital Projects Fund, supported by the Lodging Business Improvement District Fund.

The estimated project costs are shown in Table 1 below.

Council Agenda 12-17-2024 12.C-1

Table 1. FY 2025 Project Funding
Description Amount
Available Project Budget $1,200,000
Restroom Purchase/Installation $693,614
Budget Surplus / Shortfall $506,386
Once the design of the Addie Restroom project has been completed, the project advertised and construction bids are received, staff will return to Council to award the project.

ATTACHMENTS:

1. Resolution

1.A Exhibit A to Resolution: Public Restroom Company Quote

2. Cooperative Government Purchasing Agreement
Prepared by:

Erin Olsen, Senior Management Analyst
Submitted by: Mike James, Assistant City Manager/Acting Director of Public Works City Manager Approval:

Council Agenda 12-17-2024 12.C-2

Attachment 1
RESOLUTION NO. R-2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA AUTHORIZING THE PURCHASE OF A NEW RESTROOM FOR THE

ADDIE STREET PARKING LOT FROM THE PUBLIC RESTROOM COMPANY IN THE AMOUNT OF $693,614
WHEREAS, the Addie Street Restroom project consists of replacing the current restroom with a new larger restroom that incorporates a lifeguard office restroom at the Addie Street Parking Lot; and
WHEREAS, Eikhof Design Group is preparing design documents and a construction bid package; and
WHEREAS, staff was able to locate a restroom under the Sourcewell and Public Restroom Company's cooperative government purchasing agreement #081721-PRM; and
WHEREAS, the City's Purchasing Policy authorizes "piggyback" purchases such as this one upon recommendation of the City Manager; and
WHEREAS, the City's Capital Project Fund Addie Street Improvements project, supported by the Lodging Business Improvement District Fund, has sufficient budget to support this purchase.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the purchase of a new restroom for the Addie Street Parking Lot from the Public Restroom Company in the amount of $693,614 (cost proposal provided as Exhibit A).

UPON MOTION OF Council Member , seconded by Council Member the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 17tn day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:

Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 12-17-2024 12.C-3

Attachment 1
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on
Erica Inderlied, City Clerk
Council Agenda 12-17-2024 12.C-4

PUBLIC Attachment 1.A

RESTROOM
COMPANY Building Better Places To Go.5N
Price Proposal: Addie Street Restroom — Pismo Beach, CA Date: 11.05.2024
Reference: 11663-11/1/2024-3
Sourcewell: Contract#081721-PRM
Our Offer to Sell:

1. Restroom Building delivered to site @ $ 647,546
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 @ $ 46,068 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 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/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 6' POC locations.
b. The Owner/Contractor is responsible for pulling wire and completing all final tie-ins to the electrical panel from the 6' POC location.
c. The Owner/Contractor is responsible for preparing the pad/foundation. PRC will trench through provided pad/foundation to run utilities to 6' POC locations.

4. Total Cost of building and installation @ $ 693,614 Addie Street Restroom—Pismo Beach, CA 1 11.05.2024 1 Reference# 11663-11/1/2024-3 2587 Business Parkway I Minden, NV 89423 1 www.PublicRestroomCompany.com I p: 888-888-2060 1 f: 888-888-1448 1of9
Council Agenda 12-17-2024 12.C-5

I PUBLIC Attachment 1.A

RESTROOM
COMPANY Building Better Places To Go.5N
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 6' outside the foundation.

Preparation of Building Pad:

Owner/General Contractor is responsible for providing the building subgrade pad or when required footings to frost depth per Public Restroom Company design specifications. PRC will provide detailed drawings for the subgrade building pad, utilities POC's, and if required the footings, attached to this scope of work.

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 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/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. 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/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.

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 Addie Street Restroom—Pismo Beach, CA 1 11.05.2024 1 Reference# 11663-11/1/2024-3 2587 Business Parkway I Minden, NV 89423 1 www.PublicRestroomCompany.com I p: 888-888-2060 1 f: 888-888-1448 2of9
Council Agenda 12-17-2024 12.C-6

I PUBLIC Attachment 1.A

RESTROOM
COMPANY Building Better Places To Go.5N
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 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. 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 6' POC locations.

2. The Owner/Contractor is responsible for pulling the wire and completing the final tie-in to the electrical panel from the 6' POC location.

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,we 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.

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, Addie Street Restroom—Pismo Beach, CA 1 11.05.2024 1 Reference# 11663-11/1/2024-3 2587 Business Parkway I Minden, NV 89423 1 www.PublicRestroomCompany.com I p: 888-888-2060 1 f: 888-888-1448 3of9
Council Agenda 12-17-2024 12.C-7

I PUBLIC Attachment 1.A

RESTROOM
COMPANY Building Better Places To Go.5N
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 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. 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 into code depth excavated trenches and our staff will install the coarse concrete sand to bed the piping per our submitted drawing.

We provide all the buildings under-slab piping including the driven electrical ground rod.The Owner/General Contractor brings utility services to within 6' of the pad and are responsible for final connections at that point.

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 6' from building locations.

Electrical:

PRC provides the electrical conduit to the POC 6'from the building. The Owner/General Contractor pulls the wire and ties it off on the electrical panel.

Addie Street Restroom—Pismo Beach, CA 1 11.05.2024 1 Reference# 11663-11/1/2024-3 2587 Business Parkway I Minden, NV 89423 1 www.PublicRestroomCompany.com I p: 888-888-2060 1 f: 888-888-1448 4of9
Council Agenda 12-17-2024 12.C-8

PUBLIC Attachment 1.A

RESTROOM
COMPANY Building Better Places To Go.`'
Plumbing:

PRC provides the POC up to 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.

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.

Addie Street Restroom—Pismo Beach, CA 1 11.05.2024 1 Reference# 11663-11/1/2024-3 2587 Business Parkway I Minden, NV 89423 1 www.PublicRestroomCompany.com I p: 888-888-2060 1 f: 888-888-1448 5of9
Council Agenda 12-17-2024 12.C-9

PUBLIC Attachment 1.A
111 RESTROOM
COMPANY Building Better Places To Go.`'

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. The building does not include provisions for annual flooding 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 maintain 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 we have offered for sale herein.

Addie Street Restroom—Pismo Beach, CA 1 11.05.2024 1 Reference# 11663-11/1/2024-3 2587 Business Parkway I Minden, NV 89423 1 www.PublicRestroomCompany.com I p: 888-888-2060 1 f: 888-888-1448 6of9
Council Agenda 12-17-2024 12.C-10

I PUBLIC Attachment 1.A

RESTROOM
COMPANY Building Better Places To Go.5N
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 &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 we provide 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.

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.

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 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/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 Addie Street Restroom—Pismo Beach, CA 1 11.05.2024 1 Reference# 11663-11/1/2024-3 2587 Business Parkway I Minden, NV 89423 1 www.PublicRestroomCompany.com I p: 888-888-2060 I f: 888-888-1448 7of9
Council Agenda 12-17-2024 12.C-11

I PUBLIC Attachment 1.A

RESTROOM
COMPANY Building Better Places To Go.5N
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.

Addie Street Restroom—Pismo Beach, CA 1 11.05.2024 1 Reference# 11663-11/1/2024-3 2587 Business Parkway I Minden, NV 89423 1 www.PublicRestroomCompany.com I p: 888-888-2060 1 f: 888-888-1448 8of9
Council Agenda 12-17-2024 12.C-12

I PUBLIC Attachment 1.A

RESTROOM
COMPANY Building Better Places To Go.5N
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
Addie Street Restroom—Pismo Beach, CA 1 11.05.2024 1 Reference# 11663-11/1/2024-3 2587 Business Parkway I Minden, NV 89423 1 www.PublicRestroomCompany.com I p: 888-888-2060 1 f: 888-888-1448 9of9
Council Agenda 12-17-2024 12.C-13

Attachment 2
DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E63OBO5F598 DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E63OBO5F598 081721-PRM 081721-PRM
Sourcewell ` Supplier's Equipment,Products,or Services Proposal(Proposal)is attached and incorporated into this Contract.

Solicitation Number:RFP 081721 All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated CONTRACT in Supplier's product and pricing list.Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site.

This Contract is between Sourcewell,202 12th Street Northeast,P.O.Box 219,Staples,MN This Contract offers an indefinite quantity of sales,and while substantial volume is anticipated, 56479(Sourcewell)and Public Restroom Company,2587 Business Parkway,Minden,NV 89423 sales and sales volume are not guaranteed. (Supplier).

B. WARRANTY.Supplier warrants that all Equipment,Products,and Services furnished are free Sourcewell is a State of Minnesota local government unit and service cooperative created from liens and encumbrances,and are free from defects in design,materials,and workmanship. under the laws of the State of Minnesota(Minnesota Statutes Section 123A.21)that offers In addition,Supplier warrants the Equipment,Products,and Services are suitable for and will cooperative procurement solutions to government entities.Participation is open to eligible perform in accordance with the ordinary use for which they are intended.Supplier's dealers federal,state/province,and municipal governmental entities,higher education,K-12 education, and distributors must agree to assist the Participating Entity in reaching a resolution in any nonprofit,tribal government,and other public entities located in the United States and Canada. dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends Sourcewell issued a public solicitation for Restroom and Shower Facility Solutions from which beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity.

Supplier was awarded a contract.

C. DEALERS,DISTRIBUTORS,AND/OR RESELLERS.Upon Contract execution and throughout Supplier desires to contract with Sourcewell to provide equipment,products,or services to the Contract term,Supplier must provide to Sourcewell a current means to validate or Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts authenticate Supplier's authorized dealers,distributors,or resellers relative to the Equipment, (Participating Entities). Products,and Services offered under this Contract,which will be incorporated into this Contract by reference.It is the Supplier's responsibility to ensure Sourcewell receives the most

1. TERM OF CONTRACT current information.

A. EFFECTIVE DATE.This Contract is effective upon the date of the final signature below. 3. PRICING B. EXPIRATION DATE AND EXTENSION.This Contract expires October 15,2025,unless it is All Equipment,Products,or Services under this Contract will be priced at or below the price cancelled sooner pursuant to Article 22.This Contract may be extended one additional year stated in Supplier's Proposal. upon the request of Sourcewell and written agreement by Supplier.

When providing pricing quotes to Participating Entities,all pricing quoted must reflect a C. SURVIVAL OF TERMS.Notwithstanding any expiration or termination of this Contract,all Participating Entity's total cost of acquisition.This means that the quoted cost is for delivered payment obligations incurred prior to expiration or termination will survive,as will the Equipment,Products,and Services that are operational for their intended purpose,and following:Articles 11 through 14 survive the expiration or cancellation of this Contract.All includes all costs to the Participating Entity's requested delivery location. other rights will cease upon expiration or termination of this Contract.

Regardless of the payment method chosen by the Participating Entity,the total cost associated

2. EQUIPMENT,PRODUCTS,OR SERVICES with any purchase option of the Equipment,Products,or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. EQUIPMENT,PRODUCTS,OR SERVICES.Supplier will provide the Equipment,Products,or Services as stated in its Proposal submitted under the Solicitation Number listed above. A. SHIPPING AND SHIPPING COSTS.All delivered Equipment and Products must be properly packaged.Damaged Equipment and Products may be rejected.If the damage is not readily apparent at the time of delivery,Supplier must permit the Equipment and Products to be Rev.3/2021 1 Rev.3/2021 2
Council Agenda 12-17-2024 12.C-14

Attachment 2
DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E630B05F598 DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E630B05F598 081721-PRM 081721-PRM
returned within a reasonable time at no cost to Sourcewell or its Participating Entities. • Individually list all Equipment,Products,or Services affected by the requested change, Participating Entities reserve the right to inspect the Equipment and Products at a reasonable along with the requested change(e.g.,addition,deletion,price change);and time after delivery where circumstances or conditions prevent effective inspection of the • Include a complete restatement of pricing documentation in Microsoft Excel with the Equipment and Products at the time of delivery.In the event of the delivery of nonconforming effective date of the modified pricing,or product addition or deletion.The new pricing Equipment and Products,the Participating Entity will notify the Supplier as soon as possible and restatement must include all Equipment,Products,and Services offered,even for those the Supplier will replace nonconforming Equipment and Products with conforming Equipment items where pricing remains unchanged. and Products that are acceptable to the Participating Entity.

A fully executed Sourcewell Price and Product Change Request Form will become an Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive amendment to this Contract and will be incorporated by reference. in a defective or inoperable condition.

5. PARTICIPATION,CONTRACT ACCESS,AND PARTICIPATING ENTITY REQUIREMENTS Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. A. PARTICIPATION.Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada;such as federal,state/province, B. SALES TAX.Each Participating Entity is responsible for supplying the Supplier with valid tax- municipal,K-12 and higher education,tribal government,and other public entities. exemption certification(s).When ordering,a Participating Entity must indicate if it is a tax- exempt entity. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment,Products,or Services under this Contract.A Participating Entity's C. HOT LIST PRICING.At anytime during this Contract,Supplier may offer a specific selection authority to access this Contract is determined through its cooperative purchasing,interlocal, of Equipment,Products,or Services at discounts greater than those listed in the Contract. or joint powers laws.Any entity accessing benefits of this Contract will be considered a Service When Supplier determines it will offer Hot List Pricing,it must be submitted electronically to Member of Sourcewell during such time of access.Supplier understands that a Participating Sourcewell in a line-item format.Equipment,Products,or Services may be added or removed Entity's use of this Contract is at the Participating Entity's sole convenience and Participating from the Hot List at anytime through a Sourcewell Price and Product Change Form as defined Entities reserve the right to obtain like Equipment,Products,or Services from any other source. in Article 4 below.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use Hot List program and pricing may also be used to discount and liquidate close-out and eligibility requirements and documentation and will encourage potential participating entities discontinued Equipment and Products as long as those close-out and discontinued items are to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its clearly identified as such.Current ordering process and administrative fees apply.Hot List roster during the term of this Contract.

Pricing must be published and made available to all Participating Entities.

B. PUBLIC FACILITIES.Supplier's employees maybe required to perform work at government-

4. PRODUCT AND PRICING CHANGE REQUESTS owned facilities,including schools.Supplier's employees and agents must conduct themselves in a professional manner while on the premises,and in accordance with Participating Entity Supplier may request Equipment,Product,or Service changes,additions,or deletions at any policies and procedures,and all applicable laws. time.All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator.This 6. PARTICIPATING ENTITY USE AND PURCHASING approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum,the request must: A. ORDERS AND PAYMENT.To access the contracted Equipment,Products,or Services under this Contract,a Participating Entity must clearly indicate to Supplier that it intends to access this • Identify the applicable Sourcewell contract number; Contract;however,order flow and procedure will be developed jointly between Sourcewell and • Clearly specify the requested change; Supplier.Typically,a Participating Entity will issue an order directly to Supplier or its authorized • Provide sufficient detail to justify the requested change; subsidiary,distributor,dealer,or reseller.If a Participating Entity issues a purchase order,it may use its own forms,but the purchase order should clearly note the applicable Sourcewell Rev.3/2021 3 Rev.3/2021 4
Council Agenda 12-17-2024 12.C-15

Attachment 2
DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E630B05F598 DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E630B05F598 081721-PRM 081721-PRM
contract number.All Participating Entity orders under this Contract must be issued prior to • Maintenance and management of this Contract; expiration or cancellation of this Contract;however,Supplier performance,Participating Entity • Timely response to all Sourcewell and Participating Entity inquiries;and payment obligations,and any applicable warranty periods or other Supplier or Participating • Business reviews to Sourcewell and Participating Entities,if applicable.

Entity obligations may extend beyond the term of this Contract.

B. BUSINESS REVIEWS.Supplier must perform a minimum of one business review with Supplier's acceptable forms of payment are included in its attached Proposal. Participating Sourcewell per contract year.The business review will cover sales to Participating Entities, Entities will be solely responsible for payment and Sourcewell will have no liability for any pricing and contract terms,administrative fees,sales data reports,supply issues,customer unpaid invoice of any Participating Entity. issues,and any other necessary information.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM.Additional terms and 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT conditions to a purchase order,or other required transaction documentation,may be negotiated between a Participating Entity and Supplier,such as job or industry-specific A. CONTRACT SALES ACTIVITY REPORT.Each calendar quarter,Supplier must provide a requirements,legal requirements(e.g.,affirmative action or immigration status requirements), contract sales activity report(Report)to the Sourcewell Supplier Development Administrator or specific local policy requirements.Some Participating Entities may require the use of a assigned to this Contract.Reports are due no later than 45 days after the end of each calendar Participating Addendum;the terms of which will be negotiated directly between the quarter.A Report must be provided regardless of the number or amount of sales during that Participating Entity and the Supplier. Any negotiated additional terms and conditions must quarter(i.e.,if there are no sales,Supplier must submit a report indicating no sales were never be less favorable to the Participating Entity than what is contained in this Contract. made).

C. SPECIALIZED SERVICE REQUIREMENTS.In the event that the Participating Entity requires The Report must contain the following fields:
service or specialized performance requirements not addressed in this Contract(such as e- commerce specifications,specialized delivery requirements,or other specifications and •Participating Entity Name(e.g.,City of Staples Highway Department); requirements),the Participating Entity and the Supplier may enter into a separate,standalone •Participating Entity Physical Street Address; agreement,apart from this Contract.Sourcewell,including its agents and employees,will not •Participating Entity City; be made a party to a claim for breach of such agreement. •Participating Entity State/Province; •Participating Entity Zip/Postal Code;
D. TERMINATION OF ORDERS.Participating Entities may terminate an order,in whole or •Participating Entity Contact Name; in part,immediately upon notice to Supplier in the event of any of the following events: •Participating Entity Contact Email Address; •Participating Entity Contact Telephone Number;

1.The Participating Entity fails to receive funding or appropriation from its governing body •Sourcewell Assigned Entity/Participating Entity Number; at levels sufficient to pay for the equipment,products,or services to be purchased;or •Item Purchased Description;

2. Federal,state,or provincial laws or regulations prohibit the purchase or change the •Item Purchased Price;
Participating Entity's requirements. •Sourcewell Administrative Fee Applied;and E. GOVERNING LAW AND VENUE.The governing law and venue for any action related to a •Date Purchase was invoiced/sale was recognized as revenue by Supplier.

Participating Entity's order will be determined by the Participating Entity making the purchase.

B.ADMINISTRATIVE FEE.In consideration for the support and services provided by Sourcewell,

7. CUSTOMER SERVICE the Supplier will pay an administrative fee to Sourcewell on all Equipment,Products,and Services provided to Participating Entities.The Administrative Fee must be included in,and not A. PRIMARY ACCOUNT REPRESENTATIVE.Supplier will assign an Account Representative to added to,the pricing.Supplier may not charge Participating Entities more than the contracted Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is price to offset the Administrative Fee. changed.The Account Representative will be responsible for:

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment,Products,and Services purchased Rev.3/2021 5 Rev.3/2021 6
Council Agenda 12-17-2024 12.C-16

Attachment 2
DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E630B05F598 DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E630B05F598 081721-PRM 081721-PRM
by Participating Entities under this Contract during each calendar quarter.Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo;and must be E. CONTRACT COMPLETE.This Contract represents the complete agreement between the mailed to the address above"Attn:Accounts Receivable"or remitted electronically to parties.No other understanding regarding this Contract,whether written or oral,may be used Sourcewell's banking institution per Sourcewell's Finance department instructions.Payments to bind either party.For any conflict between the attached Proposal and the terms set out in must be received no later than 45 calendar days after the end of each calendar quarter. Articles 1-22 of this Contract,the terms of Articles 1-22 will govern.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to F. RELATIONSHIP OF THE PARTIES.The relationship of the parties is one of independent ensure that the administrative fee is paid on all items purchased under this Contract. contractors,each free to exercise judgment and discretion with regard to the conduct of their respective businesses.This Contract does not create a partnership,joint venture,or any other In the event the Supplier is delinquent in any undisputed administrative fees,Sourcewell relationship such as master-servant,or principal-agent. reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation.In the event this Contract is cancelled by either party prior to the 11.INDEMNITY AND HOLD HARMLESS Contract's expiration date,the administrative fee payment will be due no more than 30 days from the cancellation date. Supplier must indemnify,defend,save,and hold Sourcewell and its Participating Entities, including their agents and employees,harmless from any claims or causes of action,including

9. AUTHORIZED REPRESENTATIVE attorneys'fees incurred by Sourcewell or its Participating Entities,arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees;this Sourcewell's Authorized Representative is its Chief Procurement Officer. indemnification includes injury or death to person(s)or property alleged to have been caused by some defect in the Equipment,Products,or Services under this Contract to the extent the Supplier's Authorized Representative is the person named in the Supplier's Proposal.If Equipment,Product,or Service has been used according to its specifications.Sourcewell's Supplier's Authorized Representative changes at any time during this Contract,Supplier must responsibility will be governed by the State of Minnesota's Tort Liability Act(Minnesota promptly notify Sourcewell in writing. Statutes Chapter 466)and other applicable law.

10.AUDIT,ASSIGNMENT,AMENDMENTS,WAIVER,AND CONTRACT COMPLETE 12.GOVERNMENT DATA PRACTICES A. AUDIT.Pursuant to Minnesota Statutes Section 16C.05,subdivision 5,the books,records, Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, documents,and accounting procedures and practices relevant to this Agreement are subject to Minnesota Statutes Chapter 13,as it applies to all data provided by or provided to Sourcewell examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the under this Contract and as it applies to all data created,collected,received,stored,used, end of this Contract.This clause extends to Participating Entities as it relates to business maintained,or disseminated by the Supplier under this Contract. conducted by that Participating Entity under this Contract.

13.INTELLECTUAL PROPERTY,PUBLICITY,MARKETING,AND ENDORSEMENT B. ASSIGNMENT.Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed A.INTELLECTUAL PROPERTY assignment agreement.Such consent will not be unreasonably withheld.Any prohibited 1. Grant of License.During the term of this Contract:
assignment will be invalid. a. Sourcewell grants to Supplier a royalty-free,worldwide,non-exclusive right and license to use thetrademark(s)provided to Supplier by Sourcewell in advertising and C. AMENDMENTS.Any amendment to this Contract must be in writing and will not be effective promotional materials for the purpose of marketing Sourcewell's relationship with until it has been duly executed by the parties. Supplier. b.Supplier grants to Sourcewell a royalty-free,worldwide,non-exclusive right and D. WAIVER.Failure by either party to take action or assert any right under this Contract will license to use Supplier's trademarks in advertising and promotional materials for the not be deemed a waiver of such right in the event of the continuation or repetition of the purpose of marketing Supplier's relationship with Sourcewell. circumstances giving rise to such right.Any such waiver must be in writing and signed by the 2. Limited Right of Sublicense.The right and license granted herein includes a limited right parties. of each party to grant sublicenses to their respective subsidiaries,distributors,dealers, Rev.3/2021 7 Rev.3/2021 8
Council Agenda 12-17-2024 12.C-17

Attachment 2
DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E630B05F598 DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E630B05F598 081721-PRM 081721-PRM
resellers,marketing representatives,and agents(collectively"Permitted Sublicensees")in 14.GOVERNING LAW,JURISDICTION,AND VENUE advertising and promotional materials for the purpose of marketing the Parties'relationship to Participating Entities.Any sublicense granted will be subject to the terms and conditions The substantive and procedural laws of the State of Minnesota will govern this Contract.Venue of this Article.Each party will be responsible for any breach of this Article by any of their for all legal proceedings arising out of this Contract,or its breach,must be in the appropriate respective sublicensees. state court in Todd County,Minnesota or federal court in Fergus Falls,Minnesota.

3. Use;Quality Control.
a. Neither party may alter the other party's trademarks from the form provided 15.FORCE MAJEURE and must comply with removal requests as to specific uses of its trademarks or logos. Neither party to this Contract will be held responsible for delay or default caused by acts of God b. Each party agrees to use,and to cause its Permitted Sublicensees to use,the or other conditions that are beyond that party's reasonable control.A party defaulting under other party's trademarks only in good faith and in a dignified manner consistent with this provision must provide the other party prompt written notice of the default. such party's use of the trademarks.Upon written notice to the breaching party,the breaching party has 30 days of the date of the written notice to cure the breach or 16.SEVERABILITY the license will be terminated.

4.As applicable,Supplier agrees to indemnify and hold harmless Sourcewell and its If any provision of this Contract is found by a court of competent jurisdiction to be illegal, Participating Entities against any and all suits,claims,judgments,and costs instituted or unenforceable,or void then both parties will be relieved from all obligations arising from that recovered against Sourcewell or Participating Entities by any person on account of the use provision.If the remainder of this Contract is capable of being performed,it will not be affected of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier by such determination or finding and must be fully performed. in violation of applicable patent or copyright laws.

5.Termination.Upon the termination of this Contract for any reason,each party,including 17.PERFORMANCE,DEFAULT,AND REMEDIES Permitted Sublicensees,will have 30 days to remove all Trademarks from signage,websites, and the like bearing the other party's name or logo(excepting Sourcewell's pre-printed A. PERFORMANCE.During the term of this Contract,the parties will monitor performance and catalog of suppliers which may be used until the next printing). Supplier must return all address unresolved contract issues as follows:
marketing and promotional materials,including signage,provided by Sourcewell,or dispose of it according to Sourcewell's written directions. 1. Notification.The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time.If necessary, B. PUBLICITY.Any publicity regarding the subject matter of this Contract must not be released Sourcewell and the Supplier will jointly develop a short briefing document that describes without prior written approval from the Authorized Representatives.Publicity includes notices, the issue(s),relevant impact,and positions of both parties. informational pamphlets,press releases,research,reports,signs,and similar public notices 2. Escalation.If parties are unable to resolve the issue in a timely manner,as specified prepared by or for the Supplier individually or jointly with others,or any subcontractors,with above,either Sourcewell or Supplier may escalate the resolution of the issue to a higher respect to the program,publications,or services provided resulting from this Contract. level of management.The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending.Notwithstanding the existence of a dispute,the C. MARKETING.Any direct advertising,marketing,or offers with Participating Entities must be Supplier must continue without delay to carry out all of its responsibilities under the approved by Sourcewell.Send all approval requests to the Sourcewell Supplier Development Contract that are not affected by the dispute.If the Supplier fails to continue without delay Administrator assigned to this Contract. to perform its responsibilities under the Contract,in the accomplishment of all undisputed work,the Supplier will bear any additional costs incurred by Sourcewell and/or its D. ENDORSEMENT.The Supplier must not claim that Sourcewell endorses its Equipment, Participating Entities as a result of such failure to proceed.

Products,or Services.

B. DEFAULT AND REMEDIES.Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract,in default:

1. Nonperformance of contractual requirements,or

2. A material breach of any term or condition of this Contract.

Rev.3/2021 9 Rev.3/2021 10
Council Agenda 12-17-2024 12.C-18

Attachment 2
DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E630B05F598 DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E630B05F598 081721-PRM 081721-PRM
no less broad than ISO Business Auto Coverage Form CA 0001(2010 edition or newer), The party claiming default must provide written notice of the default,with 30 calendar days to or equivalent. cure the default.Time allowed for cure will not diminish or eliminate any liability for liquidated Minimum Limits:
or other damages.If the default remains after the opportunity for cure,the non-defaulting $1,000,000 each accident,combined single limit party may:

4. Umbrella Insurance.During the term of this Contract,Supplier will maintain • Exercise any remedy provided by law or equity,or umbrella coverage over Employer's Liability,Commercial General Liability,and • Terminate the Contract or any portion thereof,including any orders issued against the Commercial Automobile.

Contract. Minimum Limits:
$2,000,000

18.INSURANCE

5. Network Security and Privacy Liability Insurance.During the term of this Contract, A. REQUIREMENTS.At its own expense,Supplier must maintain insurance policy(ies)in effect Supplier will maintain coverage for network security and privacy liability.The coverage at all times during the performance of this Contract with insurance company(ies)licensed or may be endorsed on another form of liability coverage or written on a standalone authorized to do business in the State of Minnesota having an"AM BEST"rating of A-or better, policy.The insurance must cover claims which may arise from failure of Supplier's with coverage and limits of insurance not less than the following: security resulting in,but not limited to,computer attacks,unauthorized access, disclosure of not public data—including but not limited to,confidential or private

1. Workers'Compensation and Employer's Liability. information,transmission of a computer virus,or denial of service.

Workers'Compensation:As required by any applicable law or regulation. Minimum limits:

Employer's Liability Insurance:must be provided in amounts not less than listed below: $2,000,000 per occurrence Minimum limits: $2,000,000 annual aggregate $500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease Failure of Supplier to maintain the required insurance will constitute a material breach entitling $500,000 each employee for bodily injury by disease Sourcewell to immediately terminate this Contract for default.

2. Commercial General Liability Insurance.Supplier will maintain insurance covering its B.CERTIFICATES OF INSURANCE.Prior to commencing under this Contract,Supplier must operations,with coverage on an occurrence basis,and must be subject to terms no less furnish to Sourcewell a certificate of insurance,as evidence of the insurance required under this broad than the Insurance Services Office("ISO")Commercial General Liability Form Contract.Prior to expiration of the policy(ies),renewal certificates must be mailed to CG0001(2001 or newer edition),or equivalent.At a minimum,coverage must include Sourcewell,202 12th Street Northeast,P.O.Box 219,Staples,MN 56479 or sent to the liability arising from premises,operations,bodily injury and property damage, Sourcewell Supplier Development Administrator assigned to this Contract.The certificates must independent contractors,products-completed operations including construction defect, be signed by a person authorized by the insurer(s)to bind coverage on their behalf. contractual liability,blanket contractual liability,and personal injury and advertising injury.All required limits,terms and conditions of coverage must be maintained during Failure to request certificates of insurance by Sourcewell,or failure of Supplier to provide the term of this Contract. certificates of insurance,in no way limits or relieves Supplier of its duties and responsibilities in Minimum Limits: this Contract.
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY $2,000,000 aggregate for Products-Completed operations INSURANCE CLAUSE.Supplier agrees to list Sourcewell and its Participating Entities,including $2,000,000 general aggregate their officers,agents,and employees,as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities,"operations,"or

3. Commercial Automobile Liability Insurance.During the term of this Contract, "work"performed by or on behalf of Supplier,and products and completed operations of Supplier will maintain insurance covering all owned,hired,and non-owned automobiles Supplier.The policy provision(s)or endorsements)must further provide that coverage is in limits of liability not less than indicated below.The coverage must be subject to terms Rev.3/2021 11 Rev.3/2021 12
Council Agenda 12-17-2024 12.C-19

Attachment 2
DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E630B05F598 DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E630B05F598 081721-PRM 081721-PRM
primary and not excess over or contributory with any other valid,applicable,and collectible 21.PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER insurance or self-insurance in force for the additional insureds. UNITED STATES FEDERAL AWARDS OR OTHER AWARDS D. WAIVER OF SUBROGATION.Supplier waives and must require(by endorsement or Participating Entities that use United States federal grant or FEMA funds to purchase goods or otherwise)all its insurers to waive subrogation rights against Sourcewell and other additional services from this Contract may be subject to additional requirements including the insureds for losses paid under the insurance policies required by this Contract or other procurement standards of the Uniform Administrative Requirements,Cost Principles and Audit insurance applicable to the Supplier or its subcontractors.The waiver must apply to all Requirements for Federal Awards,2 C.F.R.§200.Participating Entities may have additional deductibles and/or self-insured retentions applicable to the required or any other insurance requirements based on specific funding source terms or conditions.Within this Article,all maintained by the Supplier or its subcontractors.Where permitted by law,Supplier must references to"federal"should be interpreted to mean the United States federal government. require similar written express waivers of subrogation and insurance clauses from each of its The following list only applies when a Participating Entity accesses Supplier's Equipment, subcontractors. Products,or Services with United States federal funds.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION.The limits required by this A. EQUAL EMPLOYMENT OPPORTUNITY.Except as otherwise provided under 41 C.F.R.§60,all Contract can be met by either providing a primary policy or in combination with contracts that meet the definition of"federally assisted construction contract'in 41 C.F.R.§60- umbrella/excess liability policy(ies),or self-insured retention. 1.3 must include the equal opportunity clause provided under 41 C.F.R.§60-1.4(b),in accordance with Executive Order 11246,"Equal Employment Opportunity"(30 FR 12319,

19.COMPLIANCE 12935,3 C.F.R.§,1964-1965 Comp.,p.339),as amended by Executive Order 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing A. LAWS AND REGULATIONS.All Equipment,Products,or Services provided under this regulations at 41 C.F.R.§60,"Office of Federal Contract Compliance Programs,Equal Contract must comply fully with applicable federal laws and regulations,and with the laws in Employment Opportunity,Department of Labor."The equal opportunity clause is incorporated the states and provinces in which the Equipment,Products,or Services are sold. herein by reference.

B. LICENSES.Supplier must maintain a valid and current status on all required federal, B. DAVIS-BACON ACT,AS AMENDED(40 U.S.C.§3141-3148).When required by federal state/provincial,and local licenses,bonds,and permits required for the operation of the program legislation,all prime construction contracts in excess of$2,000 awarded by non- business that the Supplier conducts with Sourcewell and Participating Entities. federal entities must include a provision for compliance with the Davis-Bacon Act(40 U.S.C.§ 3141-3144,and 3146-3148)as supplemented by Department of Labor regulations(29 C.F.R.§5,

20.BANKRUPTCY,DEBARMENT,OR SUSPENSION CERTIFICATION "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").In accordance with the statute,contractors must be required to pay wages to Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in laborers and mechanics at a rate not less than the prevailing wages specified in a wage writing certain information to Sourcewell related to bankruptcy actions.If at any time during determination made by the Secretary of Labor.In addition,contractors must be required to pay this Contract Supplier declares bankruptcy,Supplier must immediately notify Sourcewell in wages not less than once a week.The non-federal entity must place a copy of the current writing. prevailing wage determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the Supplier certifies and warrants that neither it nor its principals are presently debarred, wage determination.The non-federal entity must report all suspected or reported violations to suspended,proposed for debarment,declared ineligible,or voluntarily excluded from programs the federal awarding agency.The contracts must also include a provision for compliance with operated by the State of Minnesota;the United States federal government or the Canadian the Copeland"Anti-Kickback"Act(40 U.S.C.§3145),as supplemented by Department of Labor government,as applicable;or any Participating Entity.Supplier certifies and warrants that regulations(29 C.F.R.§3,"Contractors and Subcontractors on Public Building or Public Work neither it nor its principals have been convicted of a criminal offense related to the subject Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that matter of this Contract.Supplier further warrants that it will provide immediate written notice each contractor or subrecipient must be prohibited from inducing,by any means,any person to Sourcewell if this certification changes at any time. employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non-federal entity must report all suspected or reported violations to the federal awarding agency.Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

Rev.3/2021 13 Rev.3/2021 14
Council Agenda 12-17-2024 12.C-20

Attachment 2
DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E630B05F598 DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E630B05F598 081721-PRM 081721-PRM
of parties debarred,suspended,or otherwise excluded by agencies,as well as parties declared C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT(40 U.S.C.§3701-3708).Where ineligible under statutory or regulatory authority other than Executive Order 12549.Supplier applicable,all contracts awarded by the non-federal entity in excess of$100,000 that involve certifies that neither it nor its principals are presently debarred,suspended,proposed for the employment of mechanics or laborers must include a provision for compliance with 40 debarment,declared ineligible,or voluntarily excluded from participation by any federal U.S.C.§§3702 and 3704,as supplemented by Department of Labor regulations(29 C.F.R.§5). department or agency.

Under 40 U.S.C.§3702 of the Act,each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess G. BYRD ANTI-LOBBYING AMENDMENT,AS AMENDED(31 U.S.C.§1352).Suppliers must file of the standard work week is permissible provided that the worker is compensated at a rate of any required certifications.Suppliers must not have used federal appropriated funds to pay any not less than one and a half times the basic rate of pay for all hours worked in excess of 40 person or organization for influencing or attempting to influence an officer or employee of any hours in the work week.The requirements of 40 U.S.C.§3704 are applicable to construction agency,a member of Congress,officer or employee of Congress,or an employee of a member work and provide that no laborer or mechanic must be required to work in surroundings or of Congress in connection with obtaining any federal contract,grant,or any other award under working conditions which are unsanitary,hazardous or dangerous.These requirements covered by 31 U.S.C.§1352.Suppliers must disclose any lobbying with non-federal funds that do not apply to the purchases of supplies or materials or articles ordinarily available on the takes place in connection with obtaining any federal award.Such disclosures are forwarded open market,or contracts for transportation or transmission of intelligence.This provision is from tier to tier up to the non-federal award.Suppliers must file all certifications and hereby incorporated by reference into this Contract.Supplier certifies that during the term of disclosures required by,and otherwise comply with,the Byrd Anti-Lobbying Amendment(31 an award for all contracts by Sourcewell resulting from this procurement process,Supplier must U.S.C.§1352). comply with applicable requirements as referenced above.

H. RECORD RETENTION REQUIREMENTS.To the extent applicable,Supplier must comply with D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT.If the federal award the record retention requirements detailed in 2 C.F.R.§200.333.The Supplier further certifies meets the definition of"funding agreement"under 37 C.F.R.§401.2(a)and the recipient or that it will retain all records as required by 2 C.F.R.§200.333 for a period of 3 years after subrecipient wishes to enter into a contract with a small business firm or nonprofit organization grantees or subgrantees submit final expenditure reports or quarterly or annual financial regarding the substitution of parties,assignment or performance of experimental, reports,as applicable,and all other pending matters are closed. developmental,or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 C.F.R.§401,"Rights to Inventions Made by Nonprofit I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE.To the extent applicable,Supplier Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative must comply with the mandatory standards and policies relating to energy efficiency which are Agreements,"and any implementing regulations issued by the awarding agency.Supplier contained in the state energy conservation plan issued in compliance with the Energy Policy certifies that during the term of an award for all contracts by Sourcewell resulting from this and Conservation Act. procurement process,Supplier must comply with applicable requirements as referenced above.

J. BUY AMERICAN PROVISIONS COMPLIANCE.To the extent applicable,Supplier must comply E. CLEAN AIR ACT(42 U.S.C.§7401-7671Q.)AND THE FEDERAL WATER POLLUTION CONTROL with all applicable provisions of the Buy American Act.Purchases made in accordance with the ACT(33 U.S.C.§1251-1387).Contracts and subgrants of amounts in excess of$150,000 require Buy American Act must follow the applicable procurement rules calling for free and open the non-federal award to agree to comply with all applicable standards,orders or regulations competition. issued pursuant to the Clean Air Act(42 U.S.C.§7401-7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C.§1251-1387).Violations must be reported to the Federal K. ACCESS TO RECORDS(2 C.F.R.§200.336).Supplier agrees that duly authorized awarding agency and the Regional Office of the Environmental Protection Agency(EPA). representatives of a federal agency must have access to any books,documents,papers and Supplier certifies that during the term of this Contract will comply with applicable requirements records of Supplier that are directly pertinent to Supplier's discharge of its obligations under as referenced above. this Contract for the purpose of making audits,examinations,excerpts,and transcriptions.The right also includes timely and reasonable access to Supplier's personnel for the purpose of F. DEBARMENT AND SUSPENSION(EXECUTIVE ORDERS 12549 AND 12689).A contract award interview and discussion relating to such documents. (see 2 C.F.R.§180.220)must not be made to parties listed on the government wide exclusions in the System for Award Management(SAM),in accordance with the OMB guidelines at 2 C.F.R. L. PROCUREMENT OF RECOVERED MATERIALS(2 C.F.R.§200.322).A non-federal entity that is §180 that implement Executive Orders 12549(3 C.F.R.§1986 Comp.,p.189)and 12689(3 a state agency or agency of a political subdivision of a state and its contractors must comply C.F.R.§1989 Comp.,p.235),"Debarment and Suspension."SAM Exclusions contains the names with Section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation Rev.3/2021 15 Rev.3/2021 16
Council Agenda 12-17-2024 12.C-21

Attachment 2
DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E630B05F598 DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E630B05F598 081721-PRM 081721-PRM
and Recovery Act.The requirements of Section 6002 include procuring only items designated in T. DOMESTIC PREFERENCES FOR PROCUREMENTS.To the extent applicable,Supplier certifies guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R.§247 that contain the that during the term of this Contract will comply with applicable requirements of 2 C.F.R.§ highest percentage of recovered materials practicable,consistent with maintaining a 200.322. satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded$10,000;procuring 22.CANCELLATION solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials Sourcewell or Supplier may cancel this Contract at any time,with or without cause,upon 60 identified in the EPA guidelines. days'written notice to the other party.However,Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's M. FEDERAL SEAL(S),LOGOS,AND FLAGS.The Supplier not use the seal(s),logos,crests,or Proposal. Cancellation of this Contract does not relieve either party of financial,product,or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. service obligations incurred or accrued prior to cancellation.

N. NO OBLIGATION BY FEDERAL GOVERNMENT.The U.S.federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or Sourcewell Public Restroom Company liabilities to the Participating Entity,Supplier,or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

Docu51­J bY= oeu81

0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS.The [Yn^l S(.�°tY6 [�1 By: COFO]A111DD8488... By: AB8A1 E3]OBEE4D3...

Contractor acknowledges that 31 U.S.C.38(Administrative Remedies for False Claims and Jeremy Schwartz Katie Sherin Statements)applies to the Supplier's actions pertaining to this Contract or any purchase by a Title:Chief Procurement Officer Title:Chief Operating Officer Participating Entity.
10/13/2021 1 1:42 PM CDT 10/14/2021 1 11:03 AM PDT
P. FEDERAL DEBT.The Supplier certifies that it is non-delinquent in its repayment of any Date: Date:
federal debt. Examples of relevant debt include delinquent payroll and other taxes,audit disallowance,and benefit overpayments.

Q. CONFLICTS OF INTEREST.The Supplier must notify the U.S.Office of General Services, Approved:

Sourcewell,and Participating Entity as soon as possible if this Contract or any aspect related to D sa��w. the anticipated work under this Contract raises an actual or potential conflict of interest(as r+ , P. described in 2 C.F.R.Part 200). The Supplier must explain the actual or potential conflict in By: t,Ea�sBeFellAzAe44 writing in sufficient detail so that the U.S.Office of General Services,Sourcewell,and Chad Coquette Participating Entity are able to assess the actual or potential conflict;and provide any additional Title:Executive Director/CEO information as necessary or requested.
10/14/2021 1 1:03 PM CDT
R. U.S.EXECUTIVE ORDER 13224.The Supplier,and its subcontractors,must comply with U.S. Date:

Executive Order 13224 and U.S.Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT.To the extent applicable,Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R.§200.216.

Rev.3/2021 17 Rev.3/2021 18
Council Agenda 12-17-2024 12.C-22

Attachment 2
DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E63OBO5F598 DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E63OBO5F598 RFP 081721 - Restroom and Shower Facility Solutions Specifications Table 1:Proposer Identity&Authorized Representatives
General Instructions(applies to all Tables)Sourcewell prefers a brief but thorough response to each question.Do not merely attach additional documents to your response without also providing a substantive response.Do not leave answers blank;respond"N/A"if the question does not apply to you(preferably with an explanation).

Vendor Details
Line Question Response'
Company Name: Public Restroom Company time 2587 Business Parkway 1 Proposer Legal Name(one legal entity only): (In the Public Restroom Company Address: vent yr award,will exemte the reeultog contract s'Supplier')
Minden,NV 89423 2 Identify all subsidiary entities of the Proposer whose N/A Contact: Katie Sherin equipment,products,or services are induced in the Proposal.

Email: [email protected] 3 Identify all applicable assumed names or DBA names of N/A Phone: 888-888-2060 120 the Proposer or Proposers subsidiaries in Line 1 or Line 2 above.

Fax: 888-888-1448 4 Proposer Physical Address: 2587 Business Parkway I Minden,NV 89423 HST#: 5 Proposer website address(or addresses): wnw.publicrestroommmpany.mm 6 Proposers Authorized Representative(name,title, N/A-Public Restroom Company submitting this proposal address,email address&phone)(The representative
must have authority to sign the'Proposers Assurance
Submission Details of Compliance"on behalf of the Proposer and,in the event of award,will be expected to execute the resulting contrast):
7 Proposer's primary contact for this proposal(name,title, Katie Shorn,Chief Operating Officer,2587 Business Parkway,Minden,NV 89423, Created On: Wednesday July 21,2021 19:23:31 address,email address&phone): katiet5 publicrestroomcompany.com,888-888-2060 ext 120 8 Proposers other contacts for this proposal,if any Chad Kaufman,President,2587 Business Parkway,Minden,NV 89423, Submitted On: Tuesday August 17,2021 15:50:48 (name,the,address,email address&phone): chadQ@ublicrestroommmpany—ro,888-888-2060 eA 109 Submitted By: Kristyn Young
Table 2:Company Information and Financial Strength
Email: [email protected]
Transaction#: c147a115-3f11-4f3c-9c67-11633b6d6822 Line Submittal IP Address: 47.44.252.218 ft.

Question Response'
Bid Number:RFP 081721 Vendor Name:Public Restroom Company Bid Number:RFP 081721 Vendor Name:Public Restroom Company Council Agenda 12-17-2024 12.C-23

Attachment 2
DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E63OBO5F598 DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E63OBO5F598 9 Provide a brief history of your tympany,including your Public Restroom Companys founder,Chuck Kaufman,was a public restroom industry front-runner and 15 How is your organization best described:is it a Public Restroom Company(PRC)is a manufacturer of prefabricated restrooms and related park company's cons values,business philosophy,and pioneered the process of off-site constructed pads and recreation prefabricated restrooms,concessions, manufacturer,a dismbutondealerlreseller,or a service buildings.Our company is best described as a design-build-installation firm. industry longevity related to the requested equipment, meeting rooms,offices, provider! Answer whichever question(either a)or b) (a)We are NOT a distribmnoddealenreseller. products or services. scorekeeper booths,and waterless restrooms(vaults)for urban and rml recreation sites. just below)hest applies to your organization. (b)PRC employs are own in-house design staff,national sales force,and project management team His vision was to deliver high-quality prefabricated buildings,specializing in restrooms,to communities a) If your company is best described as a that will serve as the main contacts for all Sourcewell's customers.We also have our fleet field that had minimal operating and capital budgets,but still wanted to have a good looking,easy to disUibulor/dealer/reseller(or triter entity),provide your vehicles and specially-trained installation staff to control the quality of end service during the delivery maintain building.This led him to create standardized floor plans with flexible exterior and roof flushes written authorization to act as a and Installation process.If local union labor is required for installation under a Community Workforce that could blend into local architecture and natural landscapes. distributor/dealedire eller for the manufacturer of the Agreement(CWA),we will still send field staff to help oversee the process and also assist in products proposed in this RFP.If applicable,is your advertising to local labor unions for the project installation.

Today PRC remains a family-owned and managed company by a brother and sister team, dealer network independent or company owned? Charles"Chad"E.Kaufman IV and Catherine"Katie"Kaufman-Sherin.After many years working under b) If your company is beat described as a their late father and company founder,they took control of the business In 2019 and continue the PRC anufactuer or service provider,describe your legacy today.Chuck was was always looking to develop innovative ways to build better restrooms and relationship with your sales and service force and with he did exactly that.Over the years,Chuck and the PRC team introduced new design ideas aimed to your dealer network in delivering the products and help reduce vandalism,continually improved the quality of components installed in each building until services proposed in this RFP.Are these individuals they were the best in the market,and developed a proprietary concrete additive that makes our your employees,or the employees of a third party? buildings'concrete floors and walls water resistant,non-staining,and odor-free.These are only a few 16 If applicable,provide a detailed explanation outlining Licenses for modular construction are specific to the applicable states and their own requirements. of his progressive changes to the standard public radmom building that make our buildings truly the licenses and cartifcarl that are both required to Some states have plan-approval and inspection requirements,while others require local CBO's to standout from the at. be held,and actually held,by your organization certify the construction at a local level.Public Restroom Company(PRC)partners with a national third- PRC's mission is to deliver turnkey buildings to our customer that require little maintenance,hold-up to (inc l ncluding third parties and subcontractors that you use) engineering firm,Rai who under licenses from each State homing a modular program of plan vandalism,and having the final cast of the building below typical site-built construction.This strategy, p of the business contemplated by this RFP. review d inspecim-,provides each state modular building agency engineering certification of along with high-quality and attention to detail,delivers a product unmatched in the industry today. compliance with all ppllcable codes relate to the building.

Critical to PRC's business model is continuing investment in m,wmh and development to find new 17 Provide all"Suspension or Debarment"information that None. solutions.These include vandal-resistance technologies,maintenance-reduction antl efficiency,through has applied to your organization during the past ten technology,increasing public safety,and longevity with a 50-year useful life.When commercially years. vailable restroom components do not stand up to the abuse of our market,PRC invents and fabricates components that will(i.e.PRC Doors).Our first company value is"Quality,"and we stay Table 3"Industry Recognition&Marketplace Success ire m this through our craftsmanship,selection of high-quality components,and quality control through - the entire manufacturing process.This gives us the ability to offer and stand behind the leading warranty in the industry of 20-years structural and 5-yeam parts/fxtures. Line Public Restroom Comparysexpert
mission statement is:to t lead our industry as the premier ttem Quest Response"
designer,builder,and expert on restrooms and related buildings for pants and public 18 Describe any relevant industry awards or past five ea Rest Cint in America's Best Restroom Contest-Selected as a Top 10 Finalist for our Cmycraft spaces. t achieve this goal by fostering o rhumelic of innovation and attention to that your company has received in the past five years Restroom in Mission Viejo,CA.Winner to be um'sannouncedAwar after August m in In"Perm we nt Modular an
detail that make our buildings ,for and mot reliable for the communities we serve. Assembly" Mention from Modular Building Instiy De of Park of Distinction r the"Permanent Modular Our vision is to improve communities by providing the safest,most innovative,and Assembly"category for our protect,CSU Army Depot Park.This particular building was over 3,200 highest quality prefabricated buildings for palls and public spaces. an.ft that inducted restrooms,showers,storage,and a concession.This building was designed, anaged,and sold by PRC and built in our third-party manufacturing facility,Blazer Industries,and Our company values are as follows: co read of 8 modules--one of our largest projects to date.As a company,we were nominated and selected as a finalist for Northern Nevada's Beat Places to Work Award for a medium-sized 1)Quality-We take pride in our effort to provide the highest quality in our products, business and will find out if we won on August 27th, workmanship,and design. 19 What percentage of your sales are to the In the Iasi three years,94%of our sales are to the government sector. 2 Innovation-We focus on innovation day-to-day adapting ideas to create the governmental sector in the past three years y y in a p g new
best solutions for our customers. 20 What percentage of your sales are to the education In the last three years,less than 1%of our sales are to the education sector. sector in the past three years
3)Partnership-We build strong,long-term relationships with employees,vendors,design 21 List any state,provincial,or cooperative purchasing Public Restroom Company wrenfly holds a purchasing contract with the National BuyBoard architects,and customers to provide the best in class products. contracts that you hold.What is the annual sales Purchasing Cooperative.Total Sales Volume since 2014 is$14,707,291. volume for each of these contracts over the past three
4)Teamwork-We strive to develop respectful collaboration across all employees years? together to accomplish our common goals. 22 List any GSA wntrzcts or Standing Offers and Supply None at this time,we are only pursuing the Sourcewell Contract for Restroom&Shower facilities. 5 Integrity We act ethical) II aspects of our business b "doing the right thin for Aranemenis(SOSA)that you hold.What is the griry- y in a pe y" gg" annual sales volume for each of these contracts over r employees and our customers. the past three years? (See Mission,Vision,Values attached in uploaded documents) 10 :at are your company's expectations in the event of In the event of an award,we look forward to providing both optimal service and delivering the highest Table 4:References/Testimonials award? quality,turnkey product to those businesses,cities,and municipalities that use Sourcewell primarily for procurement.We also would promote Sourcewell in the leader's in the a mutually beneficial manner,as we expect that prefabricated restroom category Line Item 23.Supply reference information from three customers who are eligible to be Sourcewell participating entities. this award will only bolster our reputation a s one of
and give us tic ones to new customers.So if we are awarded the contract,on, expectation for
ourselves is to promote Sourcewell by including Sourcewell's logo in our future scheduled advertising Entity Name" Contact Name" Phone Number" efforts(digital,print,etc.)including regional and national tredeshows. We also would dedicate a page City of Murriela,CA Lea Kolek 951-304-7275 ourwebstie specifically to Sourcewell,so the purchasing process is clearly explained to customers and they can understand that our company and products have been vetted and selected by an outside City of Los Angeles,CA Jimmy Newsom 818-756-9294 govemmental agency. City of Richardson,TX Bobby Kinser 972-744-4470 11 Demonstrate your financial strength and stability with Since 2003,PRC has done$197.5M in sales of prefabricated buildings and 78%of that total has City of Jacksonville,FL Daryl Joseph 904-630-3515 eaningful data.This could include such kerns as been In the last ten years alone($155.7M).In Rest,PRC has YTD Sales of$17.8M,which happens Williston Parks 8 Recreation District,ND Darin Krueger 701-774-9773 financial statements,SEC flings,credit and bond to be$1.19M ahead of FY2020 annual sales of$16.6M.Please see additional attachments for ratings,letters of credit,and detailed reference letters. supporting documents for this question.We have included the following documents:2020 Financial Upload supporting documents(as applicable)in the Report,PRCs Dun&Bradstreet report,a letter from our bonding company,and a letter of support document upload section of your response. from our bank. 12 What is your US market share for the solutions that To dale,we have installed over 1,000 buildings under the Public Restroom Company brand since you are proposing? 2002.Public Restroom Company leads the US market for custom prefabricated reslroom and pads buildings.We cumently have buildings in 31 states to date and add more markets each year.It is hard to determine exact market share,as it is unknown how many exact public restrooms are being sold each year and Installed,but we would estimate that PRC owns at least—15%of the current market size or moni
13 What is your Canadian market share for the solutions At this time 0%.We have never sold or installed a building to a Canadian customer due to that you are proposing? regulations around tmckingxhipment size requirements.We are continually looking to figure out a solution for this so w sell to Canada in the near future,as we've had multiple Canadian online inquiries in the past years demonstrating interest for our brand. 14 Has your business ever petitioned for bankruptcy No. protection?If so,explain in detail.

Bid Number:RFP 081721 Vendor Name:Public Restroom Company Bid Number:RFP 081721 Vendor Name:PubliC Restroom Company Council Agenda 12-17-2024 12.C-24

Attachment 2
DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E63OBO5F598 DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E63OBO5F598 Table 5:Top Five Government or Education Customers Table 6:Ability to Sell and Deliver Service Line Item 24.Provide a list of your top five government,education,or non-profit customers(entity name is optional),including entity type,the state or province the Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada,as applicable.Your response should address entity is located in,scope of the project(s),size of transaction(s),and dollar volumes from the past three years. in detail at least the following areas:locations of your network of sales and service providers,the number of workers(full-time equivalents)involved in each sector, whether these workers are your direct employees(or employees of a third parry),and any owl between the sales and service functions.

Entity Name Entity Type' State/Province• Scope of Work` Sae of Transactions' Dollar Volume Pool Three Year Lino Question Res
City of Los Government California-CA Designed and sold(13)prefabricated $451,092 $3,044,078 kern Response Angeles buildings that included restrooms, $141:313 25 Sales force. Public Restroom Company has four(4)full-time direct sales people with designated geographical meeting rooms,office space,splash pad $140,883 territories and behind this sales team is a five(5)person support staff far administrative services and equipment room,and storage.At this $154,969 project management.We look to expand our sales depth with outside rep agencies with the future time(12)have been installed with(1) $134,663 launch of our semi-custom or baseMOD product lines which are currently in development. new c370). in 2021 for future install $121:822 26 Dealer network or other distribution methods. Any outside sales rep agencies will be paid a finders fee(%)for any new projects and/or new $255,191 customers brought to PRC.
$244421 27 Service force. Public Restroom Company has three(3)dedicated installation and warranty field teams.Each are $172:417 comprised of at least(2)people with company vehides,specialty tools,and extensive knowledge in $259,584 plumbing and general construction.These teams are strategically located at the following locations:our $418,691 headquarter in Minden,
$416,370 NV,Southern Cali(omia,and in Central Texas.These professional OSHAcertked, Clark County Government Nevada-NV Designed and sold(10)prefabricated $200802 $2,287,411 specially-trained,staff members will travel across the nation to install and service any warranties for our m buildings,including restroos,storage $148:364 customers. and office.At this time,9 have been $148,364 28 Describe the ordering process.If orders will be The ordenng process is handled 100%by Public Restroom Company,at this time we do not have any installed with(1)new contract in 2021 $168296 handled by distributors,dealers or others,explain the outside distributors or dealers due to the custom nature of our product and it gives us the ability to for future install($194,848). $148:364 respective roles of the Proposer and others. control the quality and level of service to customer.After we received an initial Inquiry from a $194,848 customer,the Salesperson assigned to that statellerntory will follow-up with a call and email to the $295450 potential customer to answer any questions. the customer chooses to move forward,PRC will provide $279:517 design renderings based upon initial discussions and a factory quote with added costs of any upgrades $291,146 and
modifications from the base model price.If accepted,PRC will then provide our proposal contract $412,260 to be signed by the customer and this will include all terns 8 conditions,as well as outline all steps of City of Sacramento Government, California-CA Designed and said(7)prefabricated $112,585 $1,534,329 the building process to the final point of delivery.After the contract is signed,Customer and PRC buildings,including restrooms,storage $144970 Salesperson and/or Project Manager will finalize all color selections and finishes and then these and office.At this time,5 have been $141:406 drawings will be sent to engineering for stale approval to move foram. installed with(2)new contracts in 2021 $157,877 29 Describe in detail the process and procedure of Public Restroom Company prides itself in having excellent customer service.We take care of our for future install(Total$412,914). $229752 your customer service program,if applicable. clients by responding to any questions or issues within 24 hours.Our clients are assisted by $492:702 Include your response-time capabilities and phone/video to help troublesh-L If the Issue requires on-site assistance,we will send our field $255,037 commitments,as well as any incentives that help representatives to the job site to troubleshoot the problem and repair/replace as needed.In the next Valley-Wide Government California-CA Designed and sold(6)prefabricated $374,977 $1.770.516 your providers meet your stated service goals or few months,we will be publishing"How To"videos privately on our PRC YouTube Channel so Recreation 8 buildings,including restrooms,storage $203,425 promises. maintenance tips(ex.winterizing the building)and troubleshooting any restroom fixtures can easily be Park District/ and office.At this time,(3)have been $227031 shared with the customer s requested.

San Jacinto,CA installed with(3)new contracts in 2021 $265:530 30 Describe your ability and willingness to provide your Public Restroom Company currently provides prefabricated restrooms,showers,and other park buildings for future install(Total$867,538). $402,335 products and services to Sourcewell participating to wsbmers nationwide.We are more than willing to provide our full line of products and installation $297,218 entities in the United States. within the United States and look foram to doing so.

City of Garland Govemment Texas-TX Deslgned and sold(6)prefabricated 133,661 93,100 $3,230.956 31 Describe your ability and willingness to provide your We are willing to look Into delivering products to Canada,but al this time haven't sold or delivered any buildings,including restrooms 61,472 products and services to Sourcewell participating buildings to date. on buildings,and storage.At 85,188 entities in Canada. this time,(1)building has been installed 34:367 32 Identify any geographic areas of the United States Kentucky is the only state that we will not be serving due to labor codes that require Kentucky with(5)new contracts in 2021 for future 23,168 or Canada that you Wit NOT be fully serving through plumbers and electricians In our factory during production,which does not work with our torrent install(Total$2,907,788). the proposed contract. business model due to our NV location. 33 Identify any Sourcewell participating entity sectors All sectors will be serviced by Public Restroom Company(PRC)with the exception of Kentucky,as (i.e.,government,education,not-for-proflt)that you explained above. will NOT be fully serving through the proposed
contact.Explain in detail.For example,does your
company have only a regional presence,or do other
cooperative purchasing contracts limit your ability to
promote another contract?
34 Define any specific contract requirements or lour installation and transportation covenants would be affected by awards to Alaska 2stnctions that would apply to our participating and Hawaii,but to date,we have not accepted an order fa w,M in either of these two states. entities in Hawaii and Alaska and in US Territories. However,our concept for a project can be accomplished if a client requests it,but we would more than ' likely have to ship the building via ocean freight and have our trained installation staff complete the installation process.

Bid Number:RFP 081721 Vendor Name:Public Restroom Company Bid Number:RFP 081721 Vendor Name:Public Restroom Company Council Agenda 12-17-2024 12.C-25

Attachment 2
DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E63OBO5F598 DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E63OBO5F598 Table 7:Marketing Plan Table 8:Value-Added Attributes Line Line Item Question Response-
hem Question
39 Describe any product,equipment, We do not charge for any applicable training services.r the time of building installation,our field installation 35 Describe your marketing strategy far promoting a awarded,Public Restroom Company will promote Sourcewell through a variety of methods. Programs the or operator training meets with the owner,maintenance stall,and other individuals b client's o a final of the bugh of the
this ewntact opportunity. Upload a.ion t our by thends-20+trade shows annually and would proudly promote the Soul procurement programs that you offer to Soul operating parameters and troubleshooting that may be helpful in our client's operation of the building.A building representative samples of your marketing option word our booths,through inclusion of a custom m-bonded handout inset into our catalog of products and participating entities. stand details,such m t with all manufacturer cut sheets for each item of equipment is included in the utility chase for the owner upload
s(if applicable)in the document word of mouth whether training is standard or team to easily refer to when and if issues are present. upload section of your response. baAddltlon of linkSourcewell Page underlisite ut Us"/"Procurement"Section on our website with clear optional,who provides training,and any directions and link to Souroewell website costs that apply. c.Email blasts via MailChimp to our extensive client contact database,this would also happen initially if 40 Describe any technological advances that Public Restroom Company is continually making technological advances to our product and our current focus is warded the contract and quarterly as a reminder your proposed products or services offer, Incorporating"smart technology/'into our future builds and retrofitting past PRC buildings and buildings from d.Facebook posts to announce ward other re on manufacturers. e.Co-branded marketing materials for Sales Team to send out to customers with catalogs(see example of BuyBoartl) We are planning to launch at the end of 2021 a mart restroom"package that will involve sensors to track 36 Describe your use of technology and digital In May 2020,we added to our marketing team a Director of Marketing&Planning and under this person is umber of people using a facility,monitoring of plumbing,and tracking any consumables within the restroom. data(e.g.,social media,matadata usage)to (2)additional support roles with the goal of becoming more strategic and improving our overall markefing These sensors will provide real time data to an online dashboard so the customer can efficiently manage one enhance marketing effectiveness. efforts.In December 2020,we hired a third-party digital marketing and website fro,Delegator,to help us multiple locations and have the ability to develop metrics for restrooms as it relates to peak usage.Our improve the$ED of our new website that was launched in the Fall 2020 and also reinstate paid search vent developer and partner has designed and employed systems at large scale airports around the country advertiaements through Google Ads,Bing Ads,and most recently Linkedln Ads.Our paid search ads only and has proven and In the data monitoring industry.
started in April 2021 antl since that time,we've had over 40K impressions with a current 10.5%click-thru rate,which is far beyond the typical average of 2%CTR for most paid search advertisements.We've also A second technology advancement that we are still working on is a"sanitation"package,where there is implemented a service called,Call Rail,that tracks which calls are coming from our paid advertisements and automatic disinfecting system built into the building that deploys when no one is inside.This is sanitizing mist, from this we've seen a total of 65 calls in about 4 months total, but we've had issues with the spray nozzle dripping it the wrong type of water is used.

We also utilize a website,Lead Forensics,that monitors traffic to our website and collects data on each 41 Describe any'green"inifiafives that relate Public Restroom Company offers the following"green"initiatives to reduce overall energy consumption and geographically speaking,most to your company or to your products or eliminate excess waste:
visitor.From this,we are able to determine where visitors are comingfrom hicall kin services,and include a list of the a.LED light fixtures throughout entire building(exterior,interior,and utilfly chase to reduce energy consumption, wournion arch terms,and which companies/industries specifically these visitors are associated with.Since certifying agency for each. operating costs,and building's carbon footprint) last August,we've seen 2,847 unique visits to our site with 85%of those visitors coming to our site b.Dyson Alrblade Hand Dryers(Eliminates paper products needed for hand drying&energy efficient product) organically(without any paid advertising)from either Gocgle or Bing which shows we have a strong brand c.Photocells to control all Exterior Lights(Reduces ce d of manually turning on lights daily,automatically presence.To reach out to the remaining 15%,we have enhanced our digital strategy to have pay-par-dick operates based on ambient light). ads on Google,Bing,and Linkedln as well as several digital placements in national Parks&Recreation d.Statist Ell DHC-E Tankless Water Heaters(Reduces energy costs by not heating water in a tank related outlets(i.e.Recreation Management,Parks&Rec Business)in addition to regional outlets(i.e. continuously) California Parks&Recreation Society(CPRS),Florida Recreation&Park Association(FRPA)).Our reasoning e.Solar Lighting Package(Reduces ongoing energy costs&carbon footprint of building) for focusing on Parks&Recreation publications comes from our digital data that tells us 46%of all site f.Restroom Partition Doors(Made from recycled material) visits are either pan of Government agencies or Recreation&Facilities Services,which is also in line with g.Stainless steel vent screens(Eliminated the need far mechanical fans due to natural/passive air Flow at ourcustomer data.We feel the most productive ways to reach our current audience and grow is through the gable ends of building.) following activities:
-Writing articles and sponsored content in industry trade magazines(see examples in attachments) 42 Identify any third-party issued am-Iabels, None at this time. -Creation of new blog content for website to Improve BED ratings or certifications that your company -Web advenisements(rotating GIF images)on nationailregional Parks&Rec websites has received for the equipment or -Paid Search Advertisements on Google,Bing,and Linkedln products included in your Proposal related -Pasts on PRC Facebook page for all new installations&company updates to energy efficiency or conservation,life- -Print Advertisements in national&regional Park&Rec magazines eyes design(cradle-to-cradle),or other -Email Blast via MailChimp prior to trade shows and regionally with featured projects greeNsustainability factors. -Web Advertisements on weekly E-Newsletters with TX ASLA(Texas America Society of Landscape 43 Describe any Women or Minority None at this time,but Public Restroom Company(PRC)is 50%owned by a woman,Catherine Stern.

Architects)and CPRS Business Entity(WMBE),Small Business Entity(SBE),or veteran owned business
Above is our current marketing efforts,in addition to rode shows,but we plan on expanding even further this certifications that your company or hub next year with the following activities: partners have obtained.Upload documentation of certification(as
-Lunch&Learn Seminars-OR-Virtual Coffee Dates with our Sales Team applicable)in the document upload -Webinars posted to our website section of your response.

We also have plans to expand beyond just Parks&Recreation industry publications and place 44 What unique attributes does your PRC is a design,build,and installation firm of prefabricated estrooms and other park buildings for over 40 advertisements with new publications that are focused on City/Urban Planning and Architecture,such as Next company,your products,or your services years.The founder of PRC was a public restroom industry front-runner and was always looking to develop City.We plan on coordinating this placement with new product launches,such as our"smart restroom" offer to Sourcewell participating entities? inne,afiv,ways to improve quality and vandal resistance,while at the same time building the best looking tracking package. What makes your proposed solutions estmom that was easy to clean and maintain.At PRC,we pride ourselves on value and building trust with our unique in your industry as it applies to customers through delivering the highest quality,aesthetically pleasing building for a fair price.It Is our years of 37 In your view,what is Sourcewell's role in From our perspective,we would love to see Sourcewell clearly display Public Restroom Company as a Sour ll participating entitles? experience in this Industry that allows us to see our customefs problems and fix them before they are an issue promoting centracts arising out of this RFP? prefabricated restroom,show and related park buildings vendor when a prospective customer is searching and guide them through the entire process.Our extensive design library offers Sourcewell's participating entities How will you integrate a Sourcewell-awarded the Sourcewell website.In o sales process,Sourcewell will be mentioned on every initial project callMquiry riety of idea and options,giving them me ability to actual examples and customize their building just contract into your sales process? a purchase method recommendation. how they envision it instead of having to settle for a basic building with limited finishes and options.Our 38 Are your products or services available While the sales process often starts with our website,we do not currently offer online ordering due to the modular construction approach allows customers to expand beyond just a restroom building by adding-on items through an e-procurement ordering process?If clientlatespecifil of our products.When a customer visits our website and fills out a project questionnaire, like storage,showers,concessions,office space,etc.This can uhimalely provide cost savings to the customer so,describe your e-procurement system and their contact Information and project data is automatically Input Into our Sal-force CRM and distributed to the by only having to construct one building instead of multiple buildings.What really sets us apart from similar haw governmental and educational customers appropdale PRC regional salesperson for fallow-up.The actual process of ordering a building is finalized aver businesses is our turnkey process.We don't stop with just design and manufacturing,we then deliver the have used it. the phone confirming details with our sales staff,since they act more like consultants guiding Me client building to the site ready-to-go and install it with our team of experts which eliminates the need for hiring through the process.We feel this is a more effective sales process,as online ordering could result in outside contractors and skilled labor.We strive to make our customers happy from the beginning to and,which mistakes and overlooked building details necessary for a successful build and installation.The only online somns delivering and installing the building to our high standards and eliminating that additional mst of having ordering available Is currently through BuyBoartl and it Is Just an Initial PO for a certain building model.Once e ne else install it.By handling the installation process,we can be confident in the integrity of the building that PO is received by our team a follow-up phone call always takes place prior to finalizing the order to being installed instead of relying on an outside contractor installing a restroom for the first time and possibly ensureo items are overlooked to ensure the highest level of customer satisfaction. making mistakes.

Bid Number:RFP 081721 Vendor Name:Public Restroom Company Bid Number:RFP 081721 Vendor Name:Public Restroom Company Council Agenda 12-17-2024 12.C-26

Attachment 2
DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E63OBO5F598 DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E63OBO5F598 Table Ill Warranty Table 11:Pricing and Delivery Describe in detail your manufacturer warranty program,including conditions and requirements to qualify,claims procedure,and overall structure.You Provide detailed pricing information in the questions that follow below.Keep in mind that reasonable price and product adjustments can be made during the tens of may upload representative samples of your warranty materials(if applicable)in the document upload section of your response in addition to an awarded Contract as described in the RFP,the template Contract,and the Sourcewell Price and Product Change Request Form. responding to the questions below.

Line Question IF Response`
Liae Rem Question Response` Rem
45 Do your warranties cover all products,parts,and labor? Yes,with a five(5)year commitent/fixture and twenty(20)years structural warranty for the 58 Describe your pricing model(e.g.,line-hem discounts or product-category Our pricing structure is based an each model number and our discount of and to building.Our components and fixture warranty exceeds most in this niche industry by 4 yearn, discounts).Provide detailed pricing data(including standard or list Sourcewell participating entities is 5%off MSRP(base price).The pricing sheet most only offer a one(1)year warranty. pridng and the Sourcewell discounted price)on all of the items that you attached to our catalog shows base price for each model listed within 0.Please 46 Do your warranties impose usage restrictions or other PRC's warranty only cover incidents from manufacturer defects and/or design oversight we.Sourcewell to consider as pad of your RFP response.If applicable, see the attached PRC Product catalog,PDF of floor plans,and corresponding limitations that adversely affect coverage? provide a SKU for each item in your proposal.Upload your pricing price sheet with the discounted price listed in the far right column. materials(if applicable)in the document upload section of your response. 47 Do your warranties cover the expense of technicians'travel Yes. 59 Quantify the pricing discount represented by the pricing proposal in this Sourcewell participating entities will receive 5%of MSRP(base price). time and mileage to perform warranty,repairs?
response.For example,ifthe pricing in your response represents a 48 Are there any geographic regions the United States or None. percentage discount from MSRP or list,state the percentage or Canada(as applicable)for which you cannot provide a percentage range. certtletl technician W perform warranty repairs? How will 60 Describe any quantity or volume discounts or rebate programs that you We will offer the following rebate to Sourcewell participating entities for any order Sourcewell participating entities in these regions be provided offer. placed within the four(4)year contrail period:
service for warranty repair?
49 WLll you cover warranty service for hems made by other Yes,we handle these claims with our field warranty teams. Orders$500,000—$999,9999 a 1%rebate anufadurers that are pan of your proposal,or are these Orders between$114-$1.5M a 2%rebate names issues typically passed on to the original Orders over$1.5M+a 3%rebate equipment manufacturer? 61 Propose a method of facilitating"sourced'products or related services, PRC will pass along the true cost of any outside"sourced'services or products 50 What are your proposed exchange and mWm programs and Full replacement with raWm. which may be referred to as'open market"Items or"nonstandard needed to complete the installation and add this to the final price of the delivered policies? options".For example,you may supply such items"at war"or'at cost building.This number varies based upon the crane and freight transportation 51 Describe any service contract options for the items included None. plus a percentage,"or you may supply a quote for each such request companies utilized,but PRC has developed a list of preferred vendors that off the in your proposal. most competitive pricing with high quality service. 62 Identify any element of the WWI cost of acquisition that is NOT included The base prices listed do not include the Installation expenses related to the Table 9B:Performance Standards or Guarantees in the pricing submitted with your response.This includes all additional mine,freight,and any other applicable taxes, charges associated with a purchase that are not directly identified as freight or shipping charges.For example,list costs for items like pre- Describe in detail your performance standards or guarantees,including conditions and requirements to qualify,claims procedure,and overall structure.You may delivery inspection,installation,set up,mandatory training,or initial pecdon.Identify any parties that Impose such costs and their upload representative samples of your performance materials(if applicable)in the document upload section of your response in addition to responding to the relationship to the Proposer. questions below. 63 If freight,delive g ry,or shipping is an additional cast re the Sourcewell Our delivery and installation program is custom for each project dependent on participating entity,describe in detail the complete freight,shipping,and location and final sae of delivered building modules.All freight and crane Line Question Rea delivery program. very due costs will be determined distance upon the completion of the building and will
Rem pones• vary due to(actors such as distance to the final installation location from the 52 Describe any performance standards or guamntees In regards to Service Standards,we make sure that we respond to any online inquiry or call within a factory,in addition to special circumstances.For example,if the building is larger that apply to your services 24-08 hour window 0 received during normal business hours.Inquiries from the weekend would be than a our standard building,it may require pilot cars during transport which can addressed the following Monday.If the assigned salesperson is out of the office,we will have another increase the cost of delivery to site.Typically,we keep that in mind with our sales rep or company representative respond W the customer before that time window expires.For models but customizations and larger modular builds can incur this expense and it initial design services,we typically are able to turnaround a customers design request in 2 weeks or should be noted. less,unless we are experiencing a high volume of new business and we would notify the customer of 64 Specifically describe freight,shipping,and delivery terns or programs We cannot provide this information at this time,as we have not completed a any delays should that situation arse.The Initial design request encompasses 3D renderings and floor available for Alaska,Hawaii,Canada,or any offshore delivery. project in Alaska,Hawaii,Canada,or any offshore location. plans drawings for the customer with any finishes,colors,or special fixtures/wmponenfs that have been 65 Describe any unique distribution and/or delivery methods or options None specified, offered in
your proposal.
53 Describe any service standards or guarantees that Policy:Respond W new customer within hours of initial inquiry apply to your services(policies,metrics,KPIs,etc.) Policy:Deliver 3D renderin act renderings and initial pon plan drawings within 2 weeks of initial request. Table 12:Pricing Offered Polley: Projects are Wm-key by one responsible party,design-fabricatlon-Installation.

Table 10:Payment Terms and Financing Options Line tlem The Prleing ORered In cols Proposal Is:` Comments Line 66 1 b.the same as the Proposer typically offers to GPOl cooperative procurement organizations,or state purchasing departments.

Item Question Response-
54 Describe your payment terms and accepted payment Payment terms are Net 30.PRC's accepted form of payment is either:check or ACH wire transfers. methods?
55 Describe any leasing or financing options available for None at this time. use by educational or governmental entities.
56 Describe any stantland transaction documents that you Our standard transaction documents will start with our catalog of buildings so the customer can determine propose W use in connection with an awarded contract which building and add-one best suits their project Sae and needs.Once they know which building they would (order fors,terms and conditions,sexy level like to move forward with,our Sales Rep will walk them through our document"PRC Summary Spec Sheet" agreements,etc.).Upload a sample of each(as which the PRC Sales Rep will fill-out based upon the customers selections.Once we have that document in applicable)in the document upload section of your hand,we can provide a final price for customizations and upgrades and this will be listed in the"Proposal" response. document.The"Proposal"documents is our standard contract between PRC and each customer,this document will include pricing information and each step of the process explained in detail,in addition to our Terms&Conditions,Warranty Offered,and instructons/requirements for the General Contractor W perform site preparation.All blank template documents will be attached to this bid. 57 Do you swept the P-card procurement and payment Not at this time. process?If so,is there any additional cost to
Sourcewell participating entities for using this process? Bid Number:RFP 081721 Vendor Name:Public Restroom Company Bid Number:RFP 081721 Vendor Name:Public Restroom Company Council Agenda 12-17-2024 12.C-27

Attachment 2
DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E63OBO5F598 DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E63OBO5F598 Table 13:Audit and Administrative Fee Table 1413:Depth and Breadth of Offered Equipment Products and Services Line Indicate below if the listed types or classes of equipment,products,and services are offered within your proposal.Provide additional comments in the text box Rem Question Response'
provided,as necessary.
67 Specifically describe any selfaudit process or program that you plan to employ PRC uses internal pricing costaccoun worksheets which are audited after each to verify compliance with your proposed Contract with Soudo ce roject well.This promise p is installed.Our ding department audits each project based Line Category or Type Offered` Comment.includes ensuring that Sourcewell participating entities obtain the proper pricing, method of purchase which is verified both by contact and our CRM item that the Vendor reports all sales under the Contract each quarter,and that the Salesforce.The quararly reports to Sourcewell will be generated through Vendor remits the proper administrative fee to Sourcewell.Provide sufficient detail the Salesforce CRM. r s 72 Flush,waterless(vault),or composfabl oms r.e toilets and restro Yes Yes,we do titer three(3)model and they can been seen On our ebsile:
to support your ability to report quarterly sales to Sourcew No V-010,V and V-220(listed is size).We do not include our edsss ell as described in the Toilets(Vaults)in our primary catalog as this has become a very small Contract template. portion of our business and is something we do not promote as much, 68 If you are awarded a contract,provide a few examples of internal menca that As stated in the Sourcewell pre-bid webinar,it is estimated that this because our strength lies in creating plumbed restrooms that feature custom will be tracked to measure whether you are having success with the contract. award cc be around$20M annually for restrooms and showers.If this exteriors and expanded with add-ons such as:showers,concessions, contract is awarded to 2-3 vendors,we feel that we could capitalize on at storage,etc. in sales or oa thin estimate for annual sales,which would equate to$3M 73 Showers and changing rooms f.Yes Yes,we offer prefabricated shower buildings that include changing rooms in tl-12 buildings sold dependent on average but r-No the standard floor plans.We offer flexibility in the layout and allow our price.So selling at least 12 buildings via Sourcewell would be a customers to choose multiple shower stalls to accommodate increased benchmark of success for our first year,so we would aim to sell(3) sage or individual,locking units as antwn in our stand aid noon plans. hopebuildings per quarter or more.After that,we would expel sales to Typically,if a shower is requested,it is o%en paired with a restroom each yeully grow by about 5%each year would equate al an minimum additional d building as well.In addition to interior showere(more traditional placement), h year.So by Year 2,we would aim far$4M in sales minimum and we have also built several buildings with exterior showers located in beach so forth. settings and warmer dimates.We also have incorporated outside washing 69 Identify a proposed administrative fee that you will pay to Sourcewell for Our proposed administrative fee to Sourcewell Is 2%of the final contract stations for pats in park locations. facllllating,managing,and promoting the Sourcewell Contract In the event that mount. 74 Combinatlon resiroom,shower, you are awarded a Contract. This fee is typically calculated as a percentage of acts changing room,and ancillary f.Yes We can build both restrooms and showers as standalone buildings,but Vendor's sales under the Contract or as a per-unit fee;it is not a line-item accessory use structures or facilities r-No mare commonly they are combined together as a restrtom/shower add%ion to the Member's cast of goods.(See the RFP and template Contract far combination building.A common addition we have seen with our shower add%tonal details.) buildings is locker rooms and changing rooms,which we can do on a small or large scale.One of our larger,more recent projects located in Glass Valley,CA at Memorial Park Pool induced:Restrooms(6),Showers(12), Table 14A:Depth and Breadth of Offered Equipment Products and Services Locker Area for both Men and Women,Office,Lobby and Multi-Purpose Room(see attached PDF for drawings and floor plan).

Line 75 Equipment,products,accessories and supplies related to F Yes PRC offers all necessary equipment and fixtures needed to outfit a restroom Ill Question Response' the solutions in lines 72-74 above. f No and shower building.Please check our website for full details our offering under'Options"as it is lengthy.We are not in the business off selling 70 Provide a detailed description of the equipment, Public Restroom Company is a design,build,and installation firm for prefabricated mshooms and restroom supplies such as:toilet paper,hand soap,paper towels,or hand products,and services that you are offering in your related park buildings.While PRC started as a restroom company,we have evolved into much more anifzer.We do outfit all our building with fixtures for these supplies,but do proposal. and focus on a larger offering of modular buildings.Other park related buildings include but are not not sell these supplies separately.We will sell replacemerd fixtures when ted to:Showers,Storage,Offices,Multi-Purpose Rooms,Laundry,Concessions,Trash Enclosures, needed,but typically do not have many replacement orders due to the Ticket Booths,Transit Stations,Scorekeeper Booths,Locker Rooms and Lifeguard Stations.Since vandal resistant nature of our penal glade,stainless steel products.

PRC utilizes a modular construction process,the customer can design a building that meets all their 76 Related services-design-build services,site assessment, r•-Yes Everything list in the'Related Services"question is exactly what PRC does, needs by combining different floor plans.For example,a shower building is commonly combined site preparation,customization,delivery,assembly, f No wiM lire exception of site preparation.We will provide the approved site together with a restroom Floor plan to meet both needs.While our catalog displays the base floor plan installation,maintenance or repair,and warranty programs. plans and drawings to the customer,but they will be responsible for hiring a and pricing,the final buildings we deliver to our customers are commonly madifed and upgraded with local,outside contractor to complete the site prep prior to delivery of the different exterior finishes,roof styles and materials,and added extras such as a covered entry or building.After Initial contact with the customer,our first step Is the design. alcove with a drinking fountain and bottle filler.All of our options can be viewed on on our website build services.Once we finalize design plans,we get state approved www.publicrestroomcempany.cem under"Options.' drawings and once those are in hand,we build lire building in one of our 71 Within this RFP category there may be subdoegores For our restroom product line,we have live(5)different subcategories(series)based upon sae,listed manufacturing facilities.We feel customization is one of PRC's strongest of solutions.List subcategory tines that best describe starting with smallest to largest floor plans:Waterless Vault Series,Playground Series,Sports Park selling points and differentiating factors in comparison to others in this your products and services. Series,Stadium Series,and lire Family Series.Our Waledess Vault series are restrooms that are sai niche,prefab resmoom Industry.We give the customer the ability to choose contained and not hooked up to plumbing.Vaults are restrooms you would find in more remote, the appropriate level of vandal resistant construction and fire compliancy, undeveloped locations where access to utilities is not possible.The rest of the reatroom series listed exterior/interionroof finishes,color choices,and any building above are of plumbed restrooms that are hooked up to utilities.For our Speciaty Buildings category, modificatione/addi his(i.e.drinking fountains,covered entry,trellis,moving these are mare custom designed floor plans and we have a large variety of buildings that fall under utility access door,gates vs doors,etc.).Once the building is completed, this category, we get it ready to ship in the factory by shrink wrapping the building prior such as:Kiosks,Ticket Booths,Trash Enclosures,Transit Stations,Tennis/Golf Pro Shops,Laundry to transportation.Once the building has arrived by truck at the site,the Rooms,
Fish Cleaning Stations,Offices,and Scorekeeper Booths.In addition to buildings, r and our spsollized field installation teams will complete the finishing plane ng to launch at the end of 2021a mart restroom"package that will Involve sensors to track installation touches and the building will be hooked up to plumbing and umber of people using a facility,monitoring of plumbing,and tracking any consumables within the ready to go in just a few days.Our field teams also handle any restroon,These sensors will provide real time data to an online dashboard ad the customer can aintenance/repair/wamanty issues upon request. effia ly manage one r multiple locations and have the ability to develop metrics for restrooms as it elates to peak usage.

Bid Number:RFP 081721 Vendor Name:Public Restroom Company Bid Number:RFP 081721 Vendor Name:Public Restroom Company Council Agenda 12-17-2024 12.C-28

Attachment 2
DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E63OBO5F598 DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E63OBO5F598 Table 15:Industry Specific Questions •Pricing-Pricing—Catalog and Price List_Sourcewell 2021.pdf-Monday August 16,2021 19:34:45 •Financial Strength and Stability-PRC Financial Supporting Does_2021.pdf-Monday August 16,2021 18:28:19 Line •Marketing Plan/Samples-PRC Marketing Attachment 2021.pdf-Tuesday August 17,2021 15:47:49 Item Question Response' •WMBE/MBE/SBE or Related Certificates-Certificates.pdf-Monday August 16,2021 18:31:58 77 Describe the installation process for your products Upon receiving approval from the state in which the building is located(this will vary by state),we can •Warranty Information-Waranty.pdf-Monday August 16,2021 18:27:43 and identify how installation is managed in the order then put the building on the factory schedule and the assigned project manager for the project will then •Standard Transaction Document Samples-Proposal_Sourcwell Blank Template.pdf-Monday August 16,2021 18:29:36 process,if applicable. be able to discuss with the customer a feasible date for completion and the customers expected date for .Uoinad Additional Document-2021_Additional Documentation and Gallery.pdf-Tuesday August 17,2021 12:38:43 installation.Prior to that the dales are mostly estimates until me building is in actual production and state approved plans are received.Once PRC has state approved plans,we will provide these plans to the customer so they cen begin the site preparation for the building well in advance of delivery.In the event the building is completed ahead of the client's requested date,it will he shrink wrapped and stored at our
facility unfit the customer is ready for delivery.Upon completion at the factory,the cost for installation and delivery will be added to the final contract price which includes freight and the crane operator.Once the building is ready to be delivered,the PRC field installation team will arrive to the site a day(or two if needed)before delivery to prep the groundwork and plumbing for final connections to the builtling.

Typically on Day 2 or 3,the building arrives to the site by truck and the building will be lifted off the truck with a crane and guided into place with our PRC field installation team.Once the building is set, the field installation team will complete connedions to the plumbing underneath and complete any other finishing touches prior to handing over the keys to the building.The installation process of a single or two- module building is typically completed within 3 days,but larger scale buildings with multiple modules can take up to a week for Installation.Once the building is at and Installed,it Is ready for use. 78 Describe applicable vandalism resistance or To start with,we offer the customer a choice of three(3)different levels of internal framing construction vandalism abatement measures or attributes that is dependent on the building's need for fire resistance and safety:LVR(Low Vandal Resistant),MVR ncorporated in the design or manufacture of your (Medium Vandal Resistant),and HVR(High Vandal Resistant).Steel or Wood is the difference is in products. Internal framing material choice with steel having the highest fire safety rating and cleady the most vandal resistant
option.HVR is constructed of steel internal framing,but MVR has two options of Wood or Steel for Me client to choose from.For all Interior Fixtures,Stainless Steel is the premier choice when it comes to vandal resistance,because it is thicker and heavier,and stainless steel is PRC's standard fixtures that are Induded with each restroom.Public Restioom Company's stainless steel fixtures are prison(penal)grade,316 type,14 gauge(thickness)which is superior to most all other competitor's products and weighs 46%more than the equivalent stock door.Some additional benefits of stainless steel are:it does not fade,highly durable,easy to dean,and proven to be extremely hygienic,and will not dent or rust.For locations that are concerned with vandalism,PRC also offers soap dispenser and Fastaire Wall-Thro Hand Dryer with all the components housed within the locked,utility room versus exposed in the restroom itself.For our standards in multi-occupant matrooms,we do CMU Block Partitions with solid color reinforcetl composition doers as these are the most resilient to vandalism in comparison to other setups.We feel another competitive advantage we have is ur Doors,as we custom fabricate 14 gauge prison-grade stainless steel doors with built-in ribs to help prevent denting.We also add ver ribs a tical t 6"on center,welded to the face of the door to further resist impact.We make our own doors instead of purchase traditional,mass-produced metal doors because we know this item is commonly high-maintenance for park managers due to dents,cost,and greRti if not overbuilt and in making our own,we are able to ensure quality control.Since doors are the main access point for break- er the years we have upgraded our standard hinges,door handles,and locking systems to be among the best.We utilize a continuous hinge for me entire length of the door,our doors handle covers the seam where the lock is so you cannot pry it open,and our Automatic Locking Systems are concealed In the door frame Jam)so they cannot be tampered with and are out of sight.As an upgrade, n also add steel kick plates to the doors to prevent someone from damaging the door while aftempting to kick ft.For the exterior of the building,ff the customer chooses to go with a CMU Block exterior wall which is very common,an anti-graffiti coating win be applied ever the paint or block which helps in the removal of graffiti from the walls.

Table 16:Exceptions to Terms,Conditions,or Specifications Form Line Item 79.NOTICE:To identify any exception,or to request any modification,to the Sourcewell template Contract terms,conditions,or specifications,a Proposer must submit the exception or requested modification on the Exceptions to Terms,Conditions,or Specifications Form immediately below.The contract section,the specific text addressed by the exception or requested modifcetion,and the proposed modifration must be identified in detail.Proposers exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract.

Contract Section Term,condition,or Specification Exception or Proposed Modification Documents
Ensure your submission documents)conforms to the following:

1.Documents in PDF format are preferred.Documents in Word,Excel,or compatible formats may also be provided.

2.Documents should NOT have a security password,as Sourcewell may not be able to open the file.It is your sole responsibility to ensure that the uploaded document(s)are not either defective,corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3.Sourcewell may reject any response where any documents)cannot be opened and viewed by Sourcewell.

4.If you need to upload more than one(1)document for a single item,you should combine the documents into one zipped file.If the zipped file contains more than one(1)document,ensure each document is named,in relation to the submission format item responding to.For example,if responding to the Marketing Plan category save the document as"Marketing Plan."
Bid Number:RFP 081721 Vendor Name:Public Restroom Company Bid Number:RFP 081721 Vendor Name:Public Restroom Company Council Agenda 12-17-2024 12.C-29

Attachment 2
DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E630B05F598 DocuSign Envelope ID:AD47396A-OD8E-414D-9C34-2E630B05F598 Addenda,Terms and Conditions I have reviewed the File Name below addendum and Pages
attachments(If
applicable)
Addendum 1 Restroom and Shower_Facilities_RFP_081721 P 2 Thu August 5 2021 02:29 PM

PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance:

1.The Proposer is submitting this Proposal under its full and complete legal name,and the Proposer legally exists in good standing in the jurisdiction of its residence.

2.The Proposer warrants that the information provided in this Proposal is true,correct,and reliable for purposes of evaluation for contract award.

3.The Proposer,including any person assisting with the creation of this Proposal,has arrived at this Proposal independently and the Proposal has been created without colluding with any other person,company,or parties that have or will submit a proposal under this solicitation;and the Proposal has in all respects been created fairly without any fraud or dishonesty.The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract;and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation.Additionally,if Proposer has worked with a consultant on the Proposal,the consultant(an individual or a company)has not assisted any other entity that has submitted or will submit a proposal for this solicitation.

4.To the best of its knowledge and belief,and except as otherwise disclosed in the Proposal,there are no relevant facts or circumstances which could give rise to an organizational conflict of interest.An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is,or might be,impaired.

5.The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.

6.If awarded a contract,the Proposer will provide to Sourcewell Participating Entities the equipment,products,and services in accordance with the terms, conditions,and scope of a resulting contract.

7.The Proposer possesses,or will possess before delivering any equipment,products,or services,all applicable licenses or certifications necessary to deliver such equipment,products,or services under any resulting contract.

8.The Proposer agrees to deliver equipment,products,and services through valid contracts,purchase orders,or means that are acceptable to Sourcewell Members.Unless otherwise agreed to,the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract.

9.The Proposer will comply with all applicable provisions of federal,state,and local laws,regulations,rules,and orders.

10.The Proposer understands that Sourcewell will reject RFP proposals that are marked"confidential"(or"nonpublic,"etc.),either substantially or in their entirety.

Under Minnesota Statutes Section 13.591,subdivision 4,all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded.At that point,proposals become public data.Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a"trade secret,"and thus nonpublic data under Minnesota's Data Practices Act.

11.Proposer its employees,agents,and subcontractors are not:

1.Included on the"Specially Designated Nationals and Blocked Persons"list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at:hi// www.treasury.gov/ofac/downloads/sdnlist.Ddf;

2.Included on the government-wide exclusions lists in the United States System for Award Management found at:httos://sam.gov/SAM/;or

3.Presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government,as applicable;or any Participating Entity.Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.

P By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit,have the legal authority to submit this Proposal on behalf of the Proposer,and that this electronic acknowledgment has the same legal effect,validity,and enforceability as if I had hand signed the Proposal.This signature will not be denied such legal effect,validity,or enforceability solely because an electronic signature or electronic record was used in its formation. -Katie Sherin,Chief Operating Officer(COO),Public Restroom Company
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission,and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes a No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.

Check the box in the column"I have reviewed this addendum'below to acknowledge each of the addenda.

Bid Number:RFP 081721 Vendor Name:Public Restroom Company Bid Number:RFP 081721 Vendor Name:Public Restroom Company Council Agenda 12-17-2024 12.C-30