Preliminary Scope of Supply and Services
Building Supply and Installation
Project: Dream Homes Park
Location: Cathedral City, California
Date: 11/21/2023
Romtec, Inc. | 18240 North Bank Road | Roseburg, OR 97470 | 541-496-3541 Email: [email protected] | www.romtec.com
OVERVIEW
The following is a detailed scope of products and services that will be included as part of the Romtec building package and installation services. Romtec’s proposal includes the design, supply, and installation of the specified building kits as defined herein (with exclusions noted below).
See Section 3 below for the scope of supply and services supplied by others that are not supplied by Romtec.
KEY ASSUMPTIONS
Romtec’s Installation Quote is based on the following:
1. Building Construction Timeline. Romtec’s estimated installation time is X months. Romtec’s proposal is based on the requirement that the building site(s) be fully prepared and ready for Romtec to begin construction by XX/XX/XXXX. This proposal is also based on the following milestone dates:
a. Purchase Order executed no later than XX/XX/XXXX
b. Any relevant Romtec submittal document(s) approved no later than
XX/XX/XXXX
c. Site preparation and relevant Permits completed and delivered to Romtec for review/approval no later than XX/XX/XXXX
d. Romtec site delivery/mobilization to begin no later than XX/XX/XXXX
Note: Any changes to this schedule caused by others or outside of Romtec’s control will result in price changes.
2. Installation assumes one mobilization. If Romtec is required to demobilize and remobilize for any reason outside of Romtec’s control, it will result in a change order and schedule adjustment.
3. Work Hours are Monday through Saturday 7:00am – 7:00pm.
4. The Romtec Proposal requires a walk through and sign off upon completion of the Installation of the Romtec Building Package. In other words, once Romtec has completed the installation work, the general contractor, owner, and/or their representatives must inspect and confirm the completed installation within a reasonable time.
5. The jobsite is semi-truck accessible.
1. Freight quotes are valid for 30 days only, after which the price is subject to change without notice.
2. Romtec bases its freight quote on the optimal minimum number of deliveries. If the customer elects to increase the number of deliveries, it may result in additional freight charges.
6. Union workers NOT required for Romtec’s Installation Scope.
1. Prevailing Wage required
2. Compliance with Davis Bacon Act required
This scope letter will be superseded by the Romtec Scope of Supply, Design and Installation Submittal to be provided to the customer after receipt of contract.
Romtec, Inc. | 18240 North Bank Road | Roseburg, OR 97470 | 541-496-3541 Email: [email protected] | www.romtec.com
1. Romtec Scope of Supply
1. Engineering Services
Romtec will provide engineering services per the following process outline. Romtec will provide the full Scope of Supply, Design, and Installation Submittal (SSDIS) after receipt of a signed purchase order.
1. Romtec provides the full Scope of Supply, Design, and Installation Submittal package (SSDIS)
a. Romtec provides the SSDIS in Romtec’s standard electronic submittal format. b. The SSDIS will include the building plan view and elevation drawings, product data sheets, and further details of the Romtec building. The SSDIS supersedes this preliminary scope letter.
2. Customer reviews and comments on the SSDIS
a. At this time, the SSDIS should also be provided for review and comment by any other relevant entities, such as an end owner, installer, electrician, utility company, etc. b. The SSDIS typically does not contain final sealed plans and is NOT intended for review by the local building department (or other permitting authority) at this time. c. Customer will have 45 days from purchase order date to approve the SSDIS.
3. Customer Approves the SSDIS and releases Romtec to begin production a. The customer approves the SSDIS and releases Romtec to begin production by signing the Submittal Approval and Notice to Proceed on Production forms included in the SSDIS. Romtec cannot begin production without a signed NTP form. b. The customer’s approval of the SSDIS is approval of the general building layout and relevant products/ materials. Romtec will provide sealed plans only AFTER the SSDIS is approved.
c. Customer will have a maximum of ninety (90) days from the purchase order date to provide NTP. If the 90-day approval deadline is missed, Romtec reserves the right to update pricing at any time.
4. Romtec provides the Full Sealed Plan Set
a. After the customer has approved the SSDIS, Romtec will provide the customer with the Full Sealed Plan Set for review by the local building department (or relevant permitting authority).
b. The Full Sealed Plan Set will include all relevant calculations, and all architectural, mechanical, structural, electrical, and plumbing plan sheets stamped by an architect or engineer licensed in the state where the project is located. c. Romtec’s standard plan size is 11”x17”.
5. The local building department reviews and comments on the Romtec plans a. Romtec will revise and resubmit the Full Sealed Plan Set per comments from the local building department (or relevant permitting authority). b. Romtec includes one revision of the Full Sealed Plan Set in response to building department comments. Any comments that result in revisions of the sealed plans may result in a price increase, especially if they affect items that are already in production.
6. The local building department approves the revised Romtec plans a. Romtec will provide up to two (2) sets of the final, approved, for-construction plans. b. Romtec will complete production/manufacturing of the building package per the final approved plans.
7. Romtec delivers the completed building package and mobilizes for installation a. Romtec will package and palletize the completed building package, and then coordinate with the customer to deliver the package to the jobsite for construction by the Romtec installer.
b. Romtec Installer completes installation.
c. Romtec’s warranty period begins.
Romtec, Inc. | 18240 North Bank Road | Roseburg, OR 97470 | 541-496-3541 Email: [email protected] | www.romtec.com
2. Structure
The Romtec building package has been quoted with the specific product colors noted below.
Changes to these color selections may result in a price increase. Customer to select colors from each manufacturer’s specified color chart for block, roofing, steel finishes, etc.
The following structural items will be supplied by Romtec.
1. Romtec’s proposal includes the specific color selections noted below. Deviation from these may result in a price increase.
2. The following building package structural items will be supplied by Romtec. a. Concrete Masonry Units - CMU
i. Lower (visible) exterior walls will be constructed of 8” precision face stacked bond pattern CMU with 4” precision face stacked bond pattern CMU accent.
ii. Upper exterior walls (behind siding) will be constructed of 8” smooth face stacked bond pattern CMU.
iii. Block color will be gray.
b. Exterior finish in gable ends and above alcove shall be James Hardie Artisan ship lap siding (or equal).
c. Wire weave vents above doors for natural ventilation. i. Vents are powder coated black.
d. Doors, frames and hardware
i. Stainless steel, ball bearing hinges.
ii. Hurricane rated heavy duty door closers.
iii. Doors and frames will be powder coated black.
iv. Restroom doors to have grade 2 lever locks with latch guard. v. Doors to have 18”x18” louvered vents for air intake. vi. Restroom doors to have magnetic locking system.
e. Roofing materials
i. Glulam beams
ii. 2x6 tongue and groove decking.
iii. 6’ roof extension with glulam beams and steel posts for covered entry.
iv. Roofing will be Fabral, 26-gauge, Horizon 16 standing seam roof panels.
Note: Roofing color shall be selected by the owner from the manufacturer’s standard color chart.
3. Restroom and Plumbing Fixtures
The following fixtures will be supplied by Romtec:
1. Floor mount, china toilets with single chrome push flush valves.
2. Wall mount, stainless steel exterior sinks with single chrome push faucets i. Sinks to include automatic, timed shut off valve.
3. Wall mount, stainless steel 2-roll toilet paper dispensers.
4. Wall mount, stainless steel paper towel dispensers.
5. Wall mount, stainless steel automatic soap dispensers.
6. Stainless steel grab bars.
7. Bi-level, non-chilled drinking fountain with bottle filler.
4. Electrical Fixtures
The following electrical fixtures will be supplied by Romtec:
1. Exterior lighting
i. Wall cylinder, LED downlight light fixtures.
ii. Lights controlled by photocell.
2. Interior lighting
i. 48” ceiling mount LED light fixtures.
ii. Restroom lights controlled by motion sensor.
iii. Mechanical room lights controlled by switch (switches by installer).
3. Main breaker panel sized for the building components. i. 100 amp, single-phase, indoor.
Romtec, Inc. | 18240 North Bank Road | Roseburg, OR 97470 | 541-496-3541 Email: [email protected] | www.romtec.com
2. Romtec Fabrication and Installation
The following are included in the fabrication and installation services for all buildings provided by Romtec:
i. Foundation and Under-slab
1. Equipment for excavation of foundation and slab.
2. Installation of forming material for foundation and slab.
3. Installation of Romtec underground utilities, including connection to the site plumbing and electrical utilities within 10’ of the building (plumbing and electrical)
4. Backfill of Romtec underground utilities.
5. Placement of rebar.
6. Pouring of foundation slab.
ii. Masonry Walls
1. Installation of CMU block
2. Placement of door frames, windows, and vents within CMU walls
3. Placement of J-bolts or Glulam Brackets as applicable
iii. Roof Structure
1. Carpenters’ installation of roof framing
2. Installation of roofing underlayment
3. Installation of roofing system
iv. Interior Finish
1. Painting of interior walls
2. Placement of cove base tile
3. Sealing of all exposed wood
v. Rough-In Plumbing/Electrical
1. Installation of drain and vent lines
2. Installation of water lines
3. Installation of main breaker panel(s)
vi. Doors and Hardware
1. Installation of Doors and hardware
vii. Installation of Finish Plumbing and Electrical
1. Installation of plumbing fixtures
2. Installation of electrical fixtures
viii. Installation of all other applicable building kit components and fixtures that are supplied by Romtec (e.g. (if applicable), partitions, dispensers, ADA equipment, mirrors, diaper decks, etc.)
ix. Completion of all applicable building inspections related to Romtec’s installation
x. Demonstration of full function and operation per approved designs and data sheets
3. Owner Responsibilities (By Others)
1. Site Preparation (All Structures)
1. Building Pad
The general contractor will be responsible for preparing the site and building pad prior to Romtec’s arrival for installation work. The building pad must be level and compacted Romtec, Inc. | 18240 North Bank Road | Roseburg, OR 97470 | 541-496-3541 Email: [email protected] | www.romtec.com
to within 6” of the finish floor elevation before Romtec arrives. The pad must be prepared per the requirements of any available geotechnical report.
Note: Any site grading or removal and replacement of fill materials for the building pad must be completed prior to Romtec’s arrival. Romtec’s installation services do not include excavation beyond what is necessary for forming and pouring the concrete footings and slab.
2. Soil Disposal
Romtec is not disposing of any soils from the site.
3. Surveying and Staking
Romtec is not responsible for any site surveying or staking. Any required surveying and staking related to Romtec’s work area must be completed prior to Romtec’s arrival onsite.
2. Utilities (All Structures)
1. Site Utilities
Romtec is excluding the supply and installation of all incoming utilities. Utilities must be in place and available prior to Romtec’s arrival onsite. All utilities must be brought within 10’ of the building pad prior to Romtec’s arrival. If the utilities are not in place and ready to use prior to Romtec’s arrival, there will be additional charges for any required remobilization.
Note: Romtec has assumed that the site utility sizing matches what is shown on the Romtec plans. Any changes to the site utility sizing must be communicated to Romtec as soon as possible.
2. Electrical Transformer(s), Service Meter(s), and Meter Base(s) Romtec is excluding the supply and installation of any required electrical transformer, service meter, and meter base. If required, these items must be supplied and installed by others. If the electrical transformers are required for Romtec to perform installation work, they must be installed and functioning prior to Romtec’s arrival for installation work.
3. Electrical Junction Box
Romtec is excluding the supply of any required external electrical junction box associated with the Romtec building(s). Any required external junction box must be installed and ready for Romtec’s use prior to Romtec’s arrival onsite.
4. Other Electrical
Romtec is excluding the supply and installation of any electrical items not shown on the Romtec supplied panel.
5. Water Line Drain Valves and Sewer Line Back Flow Check Valves Romtec is excluding the supply and installation of any required water line drain valves and/or sewer line backflow check valves.
3. Site Concrete and Landscaping (All Structures)
1. Sidewalks and Sidewalk Approaches
Romtec is excluding the supply and installation of all sidewalks and sidewalk approaches.
2. Landscaping
Romtec is excluding the supply and installation of any landscaping.
Romtec, Inc. | 18240 North Bank Road | Roseburg, OR 97470 | 541-496-3541 Email: [email protected] | www.romtec.com
4. General Exceptions/Exclusions
1. Unless otherwise stated, Romtec is not proposing to meet any Buy America standard for materials.
2. The following items will be supplied by others if applicable:
1. All Permits related to construction
and installation of Romtec Building
2. Bonding (unless otherwise stated)
3. Storm water and/or pollution
prevention plans
4. Erosion control plans
5. Site specific safety plans
6. Site specific protection plans
7. Tree protection plans
8. Site preparation per geotechnical
report
9. Backfill required for all structures
10. Additional licenses except for a City
Business License, if required
11. Special inspection services
12. Removal of excavated
materials
13. Site grading or asphalt paving
14. Booster pumps &/or pressure
reducing valves
15. Backflow check valves
16. Fire alarm & fire suppression
equipment
17. Irrigation Equipment
18. Lighting equipment not
attached to the building
19. Electrical transformer(s),
external electrical junction
box(es), service
meter(s)/meter base(s)
20. Landscaping
21. Plumbing freeze protection
22. Site plans
23. Sidewalks
24. Construction mock-ups
25. Construction fencing
3. To ensure timely delivery of the building package amid ongoing and industry-wide disruptions to shipping, parts/materials availability, and lead times, Romtec reserves the right make equivalent or better substitutions at any time for any components that are not specifically required to match an exact brand/model.
4. Romtec does not provide LEED/Green submittals as a standard service. Romtec can assist in providing documentation for products that may meet LEED/Green standards, but Romtec does not provide or fill out LEED credit forms. Unless specifically included in Romtec’s proposal and quote, Romtec does not supply materials with the intent of meeting LEED standards. Any changes due to LEED or Green building requirements will result in a change order and increased lead times.”
5. All steel fabrication work is performed by qualified fabricators in conformance with engineered drawings. Romtec does not offer third party certification or inspection of steel fabrication work.
Note: Romtec’s scope of work is based on acceptance of the terms and conditions of the Romtec quote proposal, which may be attached here or provided separately.
4. Warranty and Limitations
1. Warranty
1. Please review the Romtec warranty by clicking the link below:
https://romtec.com/wp-content/uploads/2022/03/4.01-Romtec-Warranty-2-28-
22.pdf
2. Disclaimers
1. Stone and mineral products such as tile, stone veneer, and concrete will all show surface cracks over time due to multiple factors, including building settling, wall movement, environmental conditions, and maintenance/upkeep (or lack thereof).
Romtec cannot guarantee that stone products in the building will not eventually crack. Repairing of cracks in stone products is a maintenance issue, not a warranty Romtec, Inc. | 18240 North Bank Road | Roseburg, OR 97470 | 541-496-3541 Email: [email protected] | www.romtec.com
issue. In other words, stone products in the building may eventually crack, and repair of these cracks is not covered under the Romtec warranty.
2. Romtec passes along the manufacturer’s warranty for metal roofing. Most metal roofing manufacturers intend for their roofing to be installed immediately upon delivery from the factory; otherwise, most have special storage requirements to validate their warranty. All project circumstances are different, and because Romtec cannot guarantee that metal roofing is installed within the timeframe allowed from the manufacturer or that the metal roofing will be stored at the jobsite according to the manufacturer’s requirements, Romtec does not include metal roofing in the overall Romtec building warranty.
3. Smooth face CMU block can have a significant variation in color and texture and should never be used as an architectural finish. Smooth face CMU block should always be either painted or have siding covering it. Romtec does not guarantee uniform color or texture of block, nor claim that any aspect of block color or texture will remain stable over time.
©2021 ROMTEC, INC. ALL RIGHTS RESERVED. THESE PLANS AND DRAWINGS MAY NOT BE REPRODUCED, ADAPTED OR FURTHER DISTRIBUTED, AND NO BUILDINGS MAY BE CONSTRUCTED FROM THESE PLANS, WITHOUT THE WRITTEN PERMISSION OF ROMTEC, INC.CATHEDRAL CITY, CALIFORNIADREAM HOME PARK 18240 NORTH BANK ROAD - ROSEBURG, OR 97470(541) 496-3541FAX (541) 496-0803
11/16/231872CATHEDRAL CITY, CALIFORNIADREAM HOME PARKJSDRAWN BY:SHEET NO.
PROJECT#:DATE:PROJECT:SHEET TITLE:
REV. DATE: BYREVISIONS2023 ROMTEC, INC. ALL RIGHTS RESERVED. THESE PLANS AND DRAWINGS MAY NOT BE REPRODUCED, ADAPTED OR FURTHERDISTRIBUTED, AND NO BUILDINGS MAY BE CONSTRUCTED FROM THESE PLANS, WITHOUT THE WRITTEN PERMISSION OF ROMTEC, INC.C PRELIMINARY18240 NORTH BANK ROAD - ROSEBURG, OR 97470(541) 496-3541FAX (541) 496-0803VERDE DESIGN JOB CREATED: 11/28/2023 - LAST SAVED BY: jeschonauer ON 11/28/2023 - LAST PRINTED: 11/28/2023 - LOCATION: O:\Engineering RI\Sales Drawings\Projects\1500 - 1999\1872- Dream Home, CA\1872- Dream Home-2999, CA 231128.dwg01FLOOR PLAN WALL TYPE SCHEDULE8" REINFORCED CONCRETEMASONRY BLOCK WALL WITHMORTAR JOINTS, GROUTED SOLIDALL CELLS RUNNING BOND PATTERN.SYMBOLLEGENDDESCRIPTIONAREA/QUANTITYINTERIOR CEILING LIGHTS6EXTERIOR WALL LIGHTS7 GABLE VENT2THESE PLAN VIEW AND ELEVATION DRAWINGS ARE APRELIMINARY ARCHITECTURAL REPRESENTATION OFTHE BUILDING. ALL DIMENSIONS, FEATURES ANDCOMPONENTS SHOWN ON THESE PRELIMINARYDRAWINGS MAY OR MAY NOT BE PART OF THEQUOTE. PLEASE REFER TO THE "SCOPE OF SUPPLYAND SERVICES" LETTER PROVIDED WITH YOUR QUOTEFOR ROMTEC'S PROPOSED SCOPE OF SUPPLY.
TP LV-1WC-1GB42GB18GB36WC-1FD-2FD-2
LV-1LV-1
DF-1DF-1HB-1
MECH3" VTRFD-1FD-13" VTRADA ALLGENDERWC-1FD-2ADA ALLGENDERTPGB42GB18GB36TPWC-1FD-2TP3" VTR
ALLGENDERALLGENDER
28'-0"
13'-4"
ABCD1FLOOR PLANSCALE: 1/4" = 1'-0"C2
D2
PTD
PTD
SDSDSD
WWW.ROMTEC.COM
11/16/231872CATHEDRAL CITY, CALIFORNIADREAM HOME PARKJSDRAWN BY:SHEET NO.
PROJECT#:DATE:PROJECT:SHEET TITLE:
REV. DATE: BYREVISIONS2023 ROMTEC, INC. ALL RIGHTS RESERVED. THESE PLANS AND DRAWINGS MAY NOT BE REPRODUCED, ADAPTED OR FURTHERDISTRIBUTED, AND NO BUILDINGS MAY BE CONSTRUCTED FROM THESE PLANS, WITHOUT THE WRITTEN PERMISSION OF ROMTEC, INC.C PRELIMINARY18240 NORTH BANK ROAD - ROSEBURG, OR 97470(541) 496-3541FAX (541) 496-0803VERDE DESIGN JOB CREATED: 11/28/2023 - LAST SAVED BY: jeschonauer ON 11/28/2023 - LAST PRINTED: 11/28/2023 - LOCATION: O:\Engineering RI\Sales Drawings\Projects\1500 - 1999\1872- Dream Home, CA\1872- Dream Home-2999, CA 231128.dwg02ELEVATION VIEWCELEVATION VIEWSCALE: 1/4" = 1'-0" DELEVATION VIEWSCALE: 1/4" = 1'-0"
28'-0"
ALL GENDERRESTROOM
LF-1 LF-1
FASCIA30"O.H.STEEL POST, TYP
T&G DECKINGGLULAM BEAMS
12"DF-1DF-1BF-1HB-15'-4"
FRONT VENT, TYP 2
PRECISION FACE 8" x 16" CMUSTACKED BOND PATTERNCONCRETE BLOCK WALLPRECISION FACE 4" x 16" CMUCONCRETE BLOCK ACCENTFG8'-8" FG
ALL GENDERRESTROOM
LF-1
STEEL LINTEL OVERALCOVE, TYP 1
ALL GENDERRESTROOM
13'-4"
8'-8"
DELEVATION VIEWSCALE: 1/4" = 1'-0"
123 GLULAM BEAMS
6'-0"FG
17 1/2"O.H.
PRECISION FACE 8" x 16" CMUSTACKED BOND PATTERNCONCRETE BLOCK WALL GLULAM BEAM, TYP.SHIP LAP SIDINGSTEEL POST, TYP.GLULAM RAFTER, TYP. 6 PRECISION FACE 4" x 16" CMUCONCRETE BLOCK ACCENTLF-1
chicago333-665
LV-1
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LV-1
chicago333-665
LV-1
SHIP LAP SIDING OVERSMOOTH CMU BLOCKSTACKED BOND
GABLE VENT, TYP (2)
FG
ALL GENDERRESTROOM
WWW.ROMTEC.COM
18240 North Bank Rd. Date
Roseburg, OR 97470 11/21/2023
P: 541‐496‐3541
F: 541‐496‐0803
E: [email protected]
Customer:
CA DIR# 1000002582
Quantity Extended Price
1 $ 206,899.33
5.00% (10,344.97)$
236,017.81$
7,489.35$
440,061.52$
*All freight estimates listed above are F.O.B. Roseburg, OR. Freight prepaid and added. Delivery will be in accordance with a mutually agreed upon timeline as stated in the Romtec Inc. Notice to Proceed on Production document.
ROMTEC INC. PURCHASE ORDER TOTAL
*This proposal includes the design & engineering by Romtec Inc. to produce a complete plan set that will meet the architectural and engineering code required in your state. In some cases local code may vary from typical state requirements and may result in a change in price that could not have been anticipated at time of quote. *Romtec charges 2.75% of total contract value for the bonding rate (if required). Unless specifically stated in the above quote, this amount is not included in the total amount shown, and may be applicable at the time of invoice. *Non‐Agency orders must be placed on Romtec Inc. purchase order forms. *Shipping prices are estimates only and are subject to change without notice. *Quote based on standard design averages, including: roof snowload of 25psf, IBC Seismic Design Category: C, Design Wind Speed: 115 MPH, Allowable Soil Bearing: 1500 psf, Occupancy Type: U, Construction: VB. *Unless included with this quote, a payment schedule and terms will be established after the signed Purchase Order is received. Romtec Inc. generally requires a deposit payment upon receipt of the signed Submittal Approval & Notice to Proceed on Production document.
Any deposit amount will be defined with the forthcoming payment schedule. *Due to recent market volatility and inflation rates, the proposal pricing is valid for thirty (30) days from the proposal date. If the Customer has not returned a signed Purchase Order within thirty (30) days of the proposal date, Romtec, Inc. reserves the right to update the price to reflect cost changes. *This pricing is based on the understanding that Romtec, Inc. will be released for production within ninety (90) days. If, for any reason, Romtec, Inc. has not received Submittal Approval and Notice to Proceeed with Production within ninety (90) days of the Purchase Order date, Romtec, Inc. reserves the right to update the Purchase Order price to reflect inflationary cost changes.
*Sales or use Tax is not included in the above price. Sales or use taxes may be required for your project depending on Nexus requirements.
Estimated Freight to: Cathedral City, CA
Sourcewell DISCOUNT: Available only to members of Sourcewell.
Romtec Restroom Instalaltion and Installer Supplied Materials Per Romtec Scope of Supply and Services Document Dated 11‐24‐23
PROPOSAL/PO #081721 ‐RMT
Dream Home Park Restroom
City of Cathedral City
Andres Perez
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Building Proposal Description
Romtec Modified Restroom Building per Romtec Scope of Supply and Services Document Dated 11‐21‐23
Customer/Owner Authorized Signature Date Romtec Inc. Authorized Signature Date Customer/Owner Printed Name Romtec Inc. Printed Name
Customer/Owner Company
*The above prices, Terms & Conditions are satisfactory and are hereby accepted. Romtec Inc. is authorized to begin work on the Scope of Supply and Design Submittal document, which the customer will review prior to approval and Notice to Proceed on Production.
Additionally, the customer will complete and return the Customer & Project Information request as expeditously as possible so that payment terms, and bonding requirements (if applicable) can be established. The customer understands that by accepting this proposal they are issuing a Purchase Order for the project detailed above, but that production will not begin and delivery or installation dates cannot be established until the customer has granted design approval and notice to proceed on production. *Design Services include Romtec providing one(1) initial unsealed plan set on 11x17 format and one (1) sealed revision in response to reviewing authority comments (excluding Romtec Trads and Originals; Romtec Trads and Originals do not include sealed plans. Sealing of plans for Trads and Original models is only available upon request and may result in additional fees). In any additional revisions, if sealing or changing in plan set size are requested or required, an additional design service will be charged. *The pricing defined in this proposal is contingent upon the customer signing this form and agreeing to the Romtec terms and conditions defined in this proposal. Any modifications to the terms and conditions defined herein may result in a price increase. *Romtec's standad insurance coverage document is available upon request. Unless otherwise specifically noted herein, Romtec's standard insurance coverage is accepted by Customer and considered sufficient coverge for all work related to this purchase order. Customer agrees to pay any costs related to additional insurance requirements not specifically noted in this order. *Sales or use Tax is not included in the above price. Sales or use taxes may be required for your project depending on Nexus requirements.
Terms of Payment
Credit Terms
Payment Terms
Deviation From Payment
Tax
Change Orders
Delay of Project
Terms of Delivery
Time is of the essence with respect to Customer’s payment of the purchase price, and timely payment shall not be delayed or excused for any reason. Payment agreement between Customer and other parties, or failure by other parties to pay Customer or perform any agreement with Customer shall not result in delay of payment to ROMTEC. ROMTEC does not accept partial payments, any offsets, and/or retainage against the Purchase Order price. Should Customer not act according to the terms of payment for any reason, the terms granted will be revoked and any remaining goods or services not yet delivered are subject to pre‐payment terms whereby payment, in full, is due 10 days prior to delivery. Any amounts not paid when due shall bear interest at the rate of 15 percent per annum or the highest lawful rate applicable, if such rate is less than 15 percent, from the date payment was due. For accounts that are 15 days or more past due, ROMTEC will withhold all warranty service until the account is fully paid and in good standing. This does not in any way toll the warranty period.
Unless otherwise indicated on the ROMTEC quote or purchase order, any sales, use, consumption, value added or other goods/services based tax imposed by a state; county/local or other agency with jurisdictional authority is excluded from this order. Customer is responsible for remitting any taxes that are applicable.
All Change Orders must be signed by the Customer. Prices stated herein are valid for 30 days from the purchase order date, or two weeks from the purchase order date if unsigned, at which time ROMTEC may adjust its price if cost factors warrant. A change order will apply (charges will vary depending on the circumstances) for the following design/engineering events: (i) incurred costs related to ROMTEC making more than two revisions of plan documents in response to review comments, (ii) incurred costs of “resealing” plan documents, and (iii) incurred costs of changing plan set sizing from the standard 11” x 17” format. Additionally, any modifications (for any reason) to ROMTEC’s Scope of Supply & Design Submittal, prior to formal approval, may result in a price adjustment. Any modification to ROMTEC’s Scope of Supply & Design Submittal requested or required by Customer for any reason after formal submital approval shall be performed by ROMTEC at Customer's expense, as follows: (i) Customer shall submit a written description of the modifications to ROMTEC; (ii) within 14 days of receipt of Customer's description, ROMTEC shall provide to Customer a written price quote for the modifications requested; (iii) Customer shall pay the Change Order Invoice to ROMTEC in accordance with payment terms.
Should progress of the project be delayed so that ROMTEC cannot produce and deliver the goods within six months from the date the purchase order is signed, Customer agrees to reimburse ROMTEC for all design and administrative expenses related to the completion of the Scope of Supply & Design Submittal as compensation for design services rendered. Customer also agrees to immediately pay any expenses related to any Customer authorized procurement or production of items. Additionally, Customer agrees to accept cost increases that may occur during the time the project is delayed.
To be established by Romtec’s accounting department after receipt of Customer's credit application.
Romtec, Inc. (ROMTEC) will provide the scope of supply as listed on the purchase order related hereto in accordance with the following terms and conditions:
Proposal Terms & Conditions
Romtec offers terms upon approved payment bond and credit approval by Romtec’s accounting department (to be determined at the time the Purchase Order is finalized and executed). Payments may be by check or wire transfer, Visa, MasterCard, Discover or American Express (a separate fee will be charged for payments exceeding $20,000 made by credit card and for all COD deliveries). Romtec may agree to accept COD payment by bank certified funds or cashier’s check if a carrier selected by Romtec ships materials.
Upon execution of the Purchase Order agreement, if Customer is not pre‐paying 100% of the contract value, Customer shall provide a completed credit application (subject to Romtec’s approval) and, if applicable, evidence of payment bond securing Customer’s obligation to pay the balance of the purchase price in full. Credit terms are conditional and may be modified subsequently at Romtec's discretion if new information or conditions warrant such modification.
Description of Products and Warranty
Terms of Shipment & Delivery
Store & Invoice
Cancellation
Contract Documents
Legal Proceedings
In addition, Customer shall reimburse all expenses related to any Customer authorized procurement or production of items prior to approval of the Scope of Supply & Design Submittal. ROMTEC requires that Customer indicate approval of its supply offering by executing the approval signature page of the Scope of Supply & Design Submittal document and/or a formal Notice to Proceed on Production. Upon granting ROMTEC approval of its Scope of Supply Design Submittal and Notice to Proceed on Production of the building kit package(s), the Customer is waiving any rights to cancel its purchase order. ROMTEC does not accept returns or exchanges.
Together with this Purchase Order, the following constitute the “Contract Documents” and the entire contract between the parties, either written or oral: (i) ROMTEC’s Scope of Supply & Design Submittal, and (ii) Change Order form (if applicable).
If Customer fails to pay any amount when due, and ROMTEC incurs any expenses in pursuit of collection, Customer agrees to pay the reasonable attorney feesand other costs of such collection, regardless of whether litigation is actually commenced.
ROMTEC will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of goods, or for any damages suffered by the Customer by reason of such delay, when such delay is beyond ROMTEC’s control. Unless otherwise stated herein, all goods are shipped F.O.B. Roseburg, Oregon, and the risk of loss or damage to the goods and risk of delays in transit passes to the Customer when the goods are duly delivered to the carrier in Roseburg, Oregon. ROMTEC has no control over arrival time of a shipment, and ROMTEC shall not be responsible for delays in shipments once the goods leave ROMTEC's plant. ROMTEC's required procedures for handling products are as follows:
(1) All ROMTEC materials, whether palletized or separated from a pallet, must be handled per the instructions detailed in the ROMTEC Scope of Supply & Design Submittal with respect to the specified model of ROMTEC restroom facility or component.
(2) All material received from, but not manufactured by ROMTEC must be handled per the specific handling instructions of the manufacturer
of the material.
(3) PROPER HANDLING EQUIPMENT, ITS SUPPLY AND OPERATION ARE STRICTLY THE RESPONSIBILITY OF THE CUSTOMER.
ROMTEC’s Scope of Supply & Design Submittal document (provided subsequent to this order) contains and defines ROMTEC’s complete offering of its products and services (as applicable). The Scope of Supply & Design Submittal also defines ROMTEC’s Limited One Year Warranty. Warranty terms available prior to the submission of the Scope of Supply & Design Submittal upon request.
Unless otherwise specified on the purchase order, ROMTEC may ship goods pursuant to an order at any time after the goods are completed and ready for shipment. Further, unless payment has been made in advance, if a carrier holding a ROMTEC shipment ordered by a Customer is ready to deliver the goods to the Customer, the Customer agrees to accept the goods at the carrier's earliest possible delivery date and time.
If Customer delays shipment, regardless of the reason for delay, ROMTEC is permitted to invoice and the Customer agrees to pay ROMTEC under the agreed payment terms, using the date the order was ready for shipment as the invoice date (if prepayment or COD terms apply, payment is due within 7 days from the time of delay). Once the order is invoiced, the materials shall become property of the Customer.
Further, ROMTEC may at its sole discretion invoice the Customer for a minimum of $450 per month for on‐site storage. Deliveries that are delayed by the Customer may be canceled by ROMTEC and the goods returned to ROMTEC at ROMTEC's discretion. Any costs or other issues arising from the Customer's act in delaying receipt of ROMTEC’s shipments are the complete responsibility of the Customer. The Customer agrees to pay for the complete shipping cost if ROMTEC elects to allow the goods to be returned to ROMTEC or delivered to another Buyer.
Mutual acceptance of the purchase order indicates notice for ROMTEC to proceed with the provision of design services required in completing its Scope of Supply & Design Submittal. Should Customer cancel its purchase order prior, the following fee schedule will take effect:
1. Cancellation after Purchase Order but prior to Submittal Approval: 30% of total contract value due
2. Cancellation after Purchase Order and Submittal Approval but prior to Notice to Proceed on Production: 75% of total contract value due
3. Cancellation after Purchase Order, Submittal Approval, AND Notice to Proceed on Production: 100% of total contract value due
Controlling Provisions
Binding Effect
Notice
Modification
Interpretation
Severability
Waiver
Force Majeure
Counterparts
This Purchase Order agreement may be executed in multiple counterparts, each of which shall constitute one agreement, even though all parties do not sign the same counterpart.
In any dispute involving the interpretation or enforcement of this agreement or involving issues related to bankruptcy (whether or not such issues relate to the terms of this agreement), the prevailing party shall be entitled to recover from the non‐prevailing party reasonable attorney fees, paralegal fees, costs, disbursements, and other expenses incurred by the prevailing party in the dispute, including those arising before and during any trial, arbitration, bankruptcy, or other proceeding, and in any appeal or review thereof. In addition, the amount recoverable by the prevailing party shall include an amount estimated as the fees, costs, disbursements, and other expenses that will be reasonably incurred in collecting a monetary judgment or award, or otherwise enforcing any order, judgment, award, or decree entered in the proceeding.
This agreement shall be interpreted and enforced according to the laws of the state of Oregon. The parties irrevocably submit and consent to the jurisdiction of the circuit courts of the State of Oregon for Douglas County with respect to litigation regarding any dispute, claim or other matter related to this contract.
The terms and conditions of this Purchase Order shall supersede and control any provisions, terms, and conditions contained on any confirmation order, Purchase Order, or other writing the Customer may give or receive, and the rights of the parties shall be governed exclusively by the provisions, terms, and conditions hereof.
This Purchase Order agreement shall be effective and in force only when signed by Customer and also signed by ROMTEC. ROMTEC must consent to any assignment of this Purchase Order agreement in writing. Subject to any restrictions upon assignment, this Purchase Order agreement shall be binding on and inure to the benefit of the heirs, legal representatives, successors, and assigns of the parties.
All notices required by this Purchase Order agreement shall be in writing addressed to the party to whom the notice is directed at the address of that party set forth in this Purchase Order agreement and shall be deemed to have been given for all purposes upon receipt when personally delivered; one day after being sent, when sent by recognized overnight courier service; two days after deposit in United States mail, postage prepaid, registered or certified mail; or on the date transmitted by facsimile. Any party may designate a different mailing address or a different person for all future notices by notice given in accordance with this paragraph.
No modification of this Purchase Order agreement shall be valid unless it is in writing and is signed by all of the parties.
The paragraph headings are for the convenience of the reader only and are not intended to act as a limitation on the scope or meaning of the paragraphs themselves. All parties agree that they have had sufficient opportunity to negotiate these terms and have them reviewed by their cousel of choice. The parties agree that no legal interpretation of these terms should be construed against the drafting party.
The invalidity of any term or provision of this agreement shall not affect the validity of any other provision.
Waiver of any party of strict performance of any provision of this Purchase Order agreement shall not be a waiver of or prejudice any party’s right to require strict performance of the same provision in the future or of any other provision.
Neither party will be liable for any delay or failure in the performance of any obligation under this Agreement or for any loss or damage (including indirect or consequential damage) to the extent that such nonperformance, delay, loss, or damage results from any contingency that is beyond the control of such party, provided such contingency is not caused by the fault or negligence of such party. A contingency for the purposes of this Agreement includes Acts of God, fires, floods, earthquakes, explosions, storms, wars, hostilities, blockades, public disorders, pandemic or other public health emergency, quarantine restrictions, embargoes, strikes, other labor disturbances or down time, unavailability of electronic communication lines or equipment, and compliance with any law, order or control of, or insistence by any governmental or military authority.