FINANCIAL IMPACT
The cost for the purchase of playground unit at Jardin de los Niños Park and at Haster Basin Park is $131,283.89 and $131,023.83 respectively, for a total amount of $262,307.72. It will be funded from the Citywide Park Fee Fund within the current budget. There is no impact to the General Fund.
RECOMMENDATION
It is recommended that the City Council:
Authorize the Finance Director to issue a purchase order to Innovative Playground Company, Inc., in the amount of $262,307.72 for the purchase of new playground equipment at both Jardin de los Niños Park and Haster Basin Park.
By: Janet Pelayo, Deputy Director
ATTACHMENT(S)
1. Cost Estimate Plauyground for Jardin de los Niños Park
2. Cost Estimate for Playground Haster Basin Park
3. Playground Design Jardin de los Niños Park
4. Playground Design Haster Basin Park
ESTIMATE VALID FOR 30 DAYS
Acceptance of estimate: the above prices, specifications and conditions are satisfactory and are hereby accepted. Any alterations or deviations from the above will be accepted only upon written notice and will become an extra charge over and above the estimate period. 50% deposit due with order, unless net 30 terms have been approved.
Innovative Playgrounds Co., Inc.
12407 E. Slauson Ave. Unit D
Whittier, CA 90606
562-693-5200
www.innovplay.com
Estimate
ADDRESS
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
SOURCEWELL ID# 32278
SHIP TO
City of Garden Grove - Jardin de Los Ninos
12611 Keel Ave.
Garden Grove, CA 92843
ESTIMATE # DATE
10777 08/12/2024
TRACKING NO. SALES REP
Jardin de los Ninos Park ALVINO
ACTIVITY DESCRIPTION AMOUNT
PLAY UNIT Supply Burke Play Equipment as Per Drawing #513-188619-3, Includes (1) "Nucleus Intensity Series" Unit for 5-12 Age Group with 5" OD Aluminum Posts, Ara Hex Shade Canopy and (1) "Nucleus Series" Unit for 2-5 Age Group with 5" OD Aluminum Posts, Ara Square Shade Canopy, (1) Burke Single Bay 5" OD Arch Swing w/ Belt Seats and Chains, (3) 6' PVC Traditional Bench w/back, and (2) Welcome/Safety Age Signs.
LIST PRICE: $133,200
SOURCEWELL CUSTOMER DISCOUNT APPLIED ($19,980)
(Burke Sourcewell Contract # 010521-BUR)
113,220.00T
PLAY EQUIPMENT Supply (6) Custom Post Mounted Spinners. (Open Market) 2,857.14T KIT-2 FREE Maintenance Kit (Includes Installation Booklet, Graffiti Remover, Tools and Touch Up Paint). LIST PRICE $250.00
0.00T
FREIGHT Shipping Charge to Garden Grove, CA. Freight Price Valid for 30 Days Only, Due to Fluctuating Fuel Pricing.
Please Requote After 10/07/24.
5,050.00
INCLUDES-1 Pricing includes supply only. 0.00T
EXCLUDES-1 Pricing excludes receiving, unloading and storage of parts, impact attenuation surfacing, installation and any site work/preparation/additional amenities.
0.00T
PAYMENT TERMS:
NET 30 ON PO'S FROM CITIES, SCHOOL DISTRICTS, STATE, OR FEDERAL ENTITIES.
SUBTOTAL 121,127.14
TAX (8.75%) 10,156.75
TOTAL $131,283.89
Accepted By Accepted Date
ESTIMATE VALID FOR 30 DAYS
Acceptance of estimate: the above prices, specifications and conditions are satisfactory and are hereby accepted. Any alterations or deviations from the above will be accepted only upon written notice and will become an extra charge over and above the estimate period. 50% deposit due with order, unless net 30 terms have been approved.
Innovative Playgrounds Co., Inc.
12407 E. Slauson Ave. Unit D
Whittier, CA 90606
562-693-5200
www.innovplay.com
Estimate
ADDRESS
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
SOURCEWELL ID# 32278
SHIP TO
Haster Basin Park
12952 Lampson Ave.
Garden Grove, CA 92840
ESTIMATE # DATE
10521 08/05/2024
TRACKING NO. SALES REP
Haster Basin Park ALVINO
ACTIVITY DESCRIPTION AMOUNT
PLAY UNIT Supply Burke Play Equipment as Per Drawing #513-188617-2, Includes (1) "Level X Extreme Series" Unit for 5-12 Age Group, and (1) "Level X Launch Series" Unit for 2-5 Age Group with 3.5" OD Aluminum Posts, w/ Integrated Shade, (1) Burke Single Bay 5" OD Arch Swing w/ Belt Seats and Chains, (1) EKO Ultimate, (1) Inclusive Volta Spinner, (2) ADA Panel Cluster, (5) 6' Traditional Series Benches w/ Back, and (2) Welcome/Safety Age Signs.
LIST PRICE: $136,280.00
SOURCEWELL CUSTOMER DISCOUNT APPLIED ($20,442.00)
(Burke Sourcewell Contract # 010521-BUR)
115,838.00T
KIT-2 FREE Maintenance Kit (Includes Installation Booklet, Graffiti Remover, Tools and Touch Up Paint). LIST PRICE $250.00
0.00T
FREIGHT Shipping Charge to Garden Grove, CA. Freight Price Valid for 30 Days Only, Due to Fluctuating Fuel Pricing.
Please Requote After 09/04/24.
5,050.00
INCLUDES-1 Pricing includes supply only. 0.00T
EXCLUDES-1 Pricing excludes receiving, unloading and storage of parts, impact attenuation surfacing, installation and any site work/preparation/additional amenities.
0.00T
PAYMENT TERMS:
NET 30 ON PO'S FROM CITIES, SCHOOL DISTRICTS, STATE, OR FEDERAL ENTITIES.
SUBTOTAL 120,888.00
TAX (8.75%) 10,135.83
TOTAL $131,023.83
Accepted By Accepted Date
Item 476/2024
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: John Montanchez
Dept: City Manager Dept: Community Services
Date: 11/26/2024
Subject: Authorization of the issuance of a purchase order to Romtec, Inc. for the design and supply of new restroom structures for Haster Basin Park and West Haven Park. (Cost: $353,724.23)(Action Item)
OBJECTIVE
To request City Council authorization to purchase the design and supply of new restrooms structures from Romtec, Inc. through the Sourcewell competitive bid program, Contract #081721-RMT.
BACKGROUND
In May 2023, City Council approved a Grant Agreement with the Department of Housing and Urban Development (HUD) to receive a $1 million grant from the Community Funding Grant Program that would be utilized for park improvements at three city parks. These park improvements are part of the 5-year Capital Improvement Plan and priorities outlined in the 15-year Parks and Facilities Master Plan. The three city parks include Jardin de los Niños, Haster Basin Park and West Haven Park. For both Haster Basin and West Haven parks improvements include the replacement of the current restroom structures. The HUD funding will be used for installation, concrete, additional construction materials and playground surface for the parks. The restroom structures will be purchased with Citywide Park Fees.
DISCUSSION
Sourcewell solicits, evaluates, and awards contracts to companies through a competitive bid process. As a member of Sourcewell, the City is able to utilize Sourcewell bid awards for equipment purchases. Staff recommends to purchase the design and supply of the restroom structures through this competitive bid program, Contract #081721-RMT for Romtec, Inc. Experience has shown that the City’s buying power is enhanced through joining with other public agencies to purchase this type of equipment.
Item 476/2024
FINANCIAL IMPACT
The cost for the design and supply for both restroom structures at Haster Basin Park and West Haven Park totals $353,724.23. The amount will be funded by the Citywide Park Fee Fund within the current budget. There is no impact to the General Fund.
RECOMMENDATION
It is recommended that the City Council:
Authorize the Finance Director to issue a purchase order to Romtec, Inc., in the amount of $353,724.23, to purchase the design and supply for new restroom structures at both Haster Basin Park and West Haven Park.
By: Janet Pelayo, Deputy Director
ATTACHMENT(S)
1. Cost Estimate and Design for Restroom Structures at Haster Basin Park and West Haven Park
Contents
1. Process – Start to Finish
2. Key Notes
3. Romtec Scope of Materials Supply
4. Delivery, Storage, and Handling
5. Warranty and Limitations
6. Scope of Supply and Services by Others
Preliminary
Scope of
Supply and
Services
Building Supply Only
Project: Garden Grove Parks: Hester Park & Westhaven Park Customer: City of Garden Grove
Location: Garden Grove, CA
Date: 9//2024
Romtec, Inc. | 18240 North Bank Road | Roseburg, OR 97470 | 541-496-3541 | Email: [email protected] | www.romtec.com
Section 1 below is an outline of the scope of products and services that will be included as part of the Romtec building package. Section 2 below is an outline of the scope of work for the installer to complete installation.
Section 1 – Romtec Scope
1.Process – Start to Finish
Below is an outline of Romtec’s process for designing, producing, and delivering the building kit(s). This process may require the customer to release Romtec to begin production prior to receipt of final building permit(s).
A. Romtec Provides a Quote/Proposal
1. Customer will have 30 days to place a purchase order after receipt of the Romtec quote.
2. If the customer has not placed a purchase order within the time above, Romtec reserves the right to update pricing.
3. Romtec’s Quote/Proposal will include Credit Application and Project Information forms.
4. Depending on the nature and complexity of the project, Romtec’s Quote/Proposal may also include a proposed payment schedule. Otherwise, a proposed schedule will be provided in the next step.
B. Customer Provides Signed Purchase Order, Completed Credit Application, and Completed Project Information form
1. Romtec and the customer will finalize the agreed payment schedule.
C. Romtec provides the full Scope of Supply and Design Submittal package (SSDS)
1. Romtec provides the SSDS in Romtec’s standard electronic submittal format.
2. The SSDS will include the building plan view and elevation drawings, product data sheets, and further details of the Romtec building. The SSDS supersedes this preliminary scope letter.
D. Customer reviews and comments on the SSDS
1. At this time, the SSDS should also be provided for review and comment by any other relevant entities, such as an end owner, installer, electrician, utility company, etc.
2. The SSDS 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.
3. Customer will have 45 days from purchase order date to approve the SSDS.
E. Customer Approves the SSDS and releases Romtec to begin production
1. The customer approves the SSDS and releases Romtec to begin production by signing the submittal approval and Notice to Proceed on Production (NTP) forms included in the SSDS. Romtec cannot begin production without a signed NTP form.
2. The customer’s approval of the SSDS is approval of the general building layout and relevant products/ materials. Romtec will provide sealed plans only AFTER the SSDS is approved.
3. 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.
F. Romtec provides the Full Sealed Plan Set
1. After the customer has approved the SSDS, Romtec will provide the customer with the Full Sealed Plan Set for review by the local building department (or relevant permitting authority).
2. 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.
3. Romtec’s standard plan size is 11”x17”.
G. The local building department reviews and comments on the Romtec plans
1. Romtec will revise and resubmit the Full Sealed Plan Set per comments from the local building department (or relevant permitting authority).
2. 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.
H. The local building department approves the revised Romtec plans
1. Romtec will provide up to two (2) sets of the final, approved, for-construction plans.
2. Romtec will complete production/manufacturing of the building package per the final approved plans.
I. Romtec delivers the completed building package
1. 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 installer.
2. Romtec’s warranty period begins.
Romtec, Inc. | 18240 North Bank Road | Roseburg, OR 97470 | 541-496-3541 | Email: [email protected] | www.romtec.com
2.Key Notes
A. Romtec is proposing to design and supply the building package defined herein.
3.Romtec Scope of Materials Supply: Westhaven Park
A. Structure
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. Exterior walls will be constructed of split-face, mortar joint, concrete masonry units (concrete blocks).
ii. Block color will be gray.
iii. Exterior block to be finished with exterior anti-graffiti coating. b. Sanitary tile cove base on interior walls.
c. Wire weave gable vents for natural ventilations.
i. Vents are powder coated custom RAL color (color to be selected by owner). d. Restrooms to have custom metal gates
i. Gates to be powder coated custom RAL color (color to be selected by owner). ii. Gates to have Pull handle with deadbolt locks.
e. Doors, frames and hardware
i. Doors/frames are powder coated custom RAL color (color to be selected by owner).
ii. Stainless steel, ball bearing hinges.
iii. Heavy duty door closers.
iv. Grade 2, lever lock with latch guard.
f. Roofing materials
i. Glulam beams
ii. 2x6 tongue and groove decking.
iii. 15”x46” deck mount, sky lights.
iv. 3’ cantilever roof extension for covered entrance to the restrooms. v. Roofing will be Fabral, 26-gauge, Horizon 16 standing seam roof panels.
Note: Roofing color shall be selected by the owner from the manufacturers standard color chart.
B. Plumbing Fixtures and Accessories
1. The following items relative to the fixtures will be supplied by Romtec:
a. Floor mount, stainless steel toilets with manual lever dual flush, flush valves. b. Wall mount, stainless steel urinals with manual lever flush valves. c. Wall mount, stainless steel sinks with single push button faucets. d. Wall mount, stainless steel grab bars.
e. Wall mount, stainless steel 3-roll toilet paper dispensers. f. Wall mount, stainless steel paper towel dispensers.
g. Wall mount, stainless steel automatic soap dispensers. h. CMU block restroom partitions with phenolic doors.
C. Electrical Fixtures
1. The following electrical fixtures will be supplied by Romtec:
a. Exterior lighting
i. Wall cylinder, LED downlight fixtures.
ii. Lights controlled by photocell.
b. Interior lighting
i. 48” ceiling mount LED vapor tight light fixtures.
ii. Light controlled by motion sensor.
c. Thru-wall, FastAire hand dryer.
d. Main breaker panel sized for the building components. i. 200 amp, single-phase, rain tight.
Romtec, Inc. | 18240 North Bank Road | Roseburg, OR 97470 | 541-496-3541 | Email: [email protected] | www.romtec.com
4.Romtec Scope of Materials Supply: Hester Park
A. Structure
3. Romtec’s proposal includes the specific color selections noted below. Deviation from these may result in a price increase.
4. The following building package structural items will be supplied by Romtec. a. Concrete Masonry Units - CMU
i. Exterior walls will be constructed of split-face, mortar joint, concrete masonry units (concrete blocks).
ii. Block color will be gray.
iii. Exterior block to be finished with exterior anti-graffiti coating. b. Sanitary tile cove base on interior walls.
c. Wire weave gable vents for natural ventilations.
i. Vents are powder coated custom RAL color (color to be selected by owner). d. Restrooms to have custom metal gates
i. Gates to be powder coated custom RAL color (color to be selected by owner). ii. Gates to have Pull handle with deadbolt locks.
e. Doors, frames and hardware
i. Doors/frames are powder coated custom RAL color (color to be selected by owner).
ii. Stainless steel, ball bearing hinges.
iii. Heavy duty door closers.
iv. Grade 2, lever lock with latch guard.
f. Roofing materials
i. Glulam beams
ii. 2x6 tongue and groove decking.
iii. 15”x46” deck mount, sky lights.
iv. 3’ cantilever roof extension for covered entrance to the restrooms. v. Roofing will be Fabral, 26-gauge, Horizon 16 standing seam roof panels.
Note: Roofing color shall be selected by the owner from the manufacturers standard color chart.
B. Plumbing Fixtures and Accessories
2. The following items relative to the fixtures will be supplied by Romtec:
a. Floor mount, stainless steel toilets with manual lever dual flush, flush valves. b. Wall mount, stainless steel urinals with manual lever flush valves. c. Wall mount, stainless steel sinks with single push button faucets. d. Wall mount, stainless steel grab bars.
e. Wall mount, stainless steel 3-roll toilet paper dispensers. f. Wall mount, stainless steel paper towel dispensers.
g. Wall mount, stainless steel automatic soap dispensers. h. CMU block restroom partitions with phenolic doors.
C. Electrical Fixtures
2. The following electrical fixtures will be supplied by Romtec:
e. Exterior lighting
iii. Wall cylinder, LED downlight fixtures.
iv. Lights controlled by photocell.
f. Interior lighting
iii. 48” ceiling mount LED vapor tight light fixtures.
iv. Light controlled by motion sensor.
g. Thru-wall, FastAire hand dryer.
h. Main breaker panel sized for the building components. ii. 200 amp, single-phase, rain tight.
5.Delivery, Storage, and Handling
A. Delivery Vehicle Size
1. Romtec’s delivery vehicles are vans or trucks with 53’ trailers, or the largest trailer up to 53’ that is legally allowed to access the job site. Overall dimensions of the delivery vehicles are:
a. 70’ overall length
Romtec, Inc. | 18240 North Bank Road | Roseburg, OR 97470 | 541-496-3541 | Email: [email protected] | www.romtec.com
b. 102” wide
c. 168” high
B. Number of Deliveries
1. 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.
2. Regardless of the number of deliveries, the customer is responsible for all offloading and related costs.
C. Delivery inspection
1. Romtec allows for five (5) business days for the customer to inspect and accept the delivered building package.
2. Any items not specifically rejected after five days are considered accepted.
6.Warranty and Limitations
A. 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 B. Disclaimers
1. 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.
Section 2 – Installer Scope (by others)
7.Scope of Supply and Services by Others
A. Overview
The following section includes an overview of items to be provided by others that are required to complete the installation of the Romtec building package.
1. Items in this section are typically provided by the installer, or, for projects where the installer is separate subcontractor of the general contractor and/or owner, some items are typically provided the contractor.
2. The items below are separated into installer items and contractor items. If the installer and contractor are the same entity, then that entity is responsible for all items in this section.
B. Installer Scope
The installer’s scope will generally consist of foundation/pad construction and building package assembly/construction.
1. Structural
The following structural components will be provided by the installer:
a. All materials, equipment and labor for footings and interior slabs. b. Latex epoxy paint wall finish.
c. Interior sealed concrete floor finish.
d. Caulking.
e. Concrete sealant for CMU block exterior.
f. Masonry (concrete) grout and rebar
g. The installer may be required to notch CMU block for bond beams, cut full blocks to create half blocks and grind blocks for fixture mounting purposes.
Note: Romtec is not responsible for any cost or installation delays associated with this CMU block modification work.
h. Sealant for all exposed wood.
Romtec, Inc. | 18240 North Bank Road | Roseburg, OR 97470 | 541-496-3541 | Email: [email protected] | www.romtec.com
i. Typical fasteners such as nails, staples, and screws, and any other fasteners not included in product packaging.
2. Plumbing
The following plumbing components will be provided by the installer. a. Plumbing rough-in, installation and trim within 10’ of the building footprint will be by the installer.
b. All water and sewer piping and floor drains within the building footprint are provided by the installer.
3. Electrical
The following electrical components will be provided by the installer. a. Electrical rough-in, installation and trim within 10’ of the building footprint will be by the installer.
b. All switches and outlets that are not included with electrical products are provided by the installer.
c. Note that all Romtec building designs include a spare conduit from the main power source to the main breaker panel. All conduits are supplied by the installer.
4. Other materials, equipment, and services
The following materials, equipment, and services are provided by the installer. a. Building package installation
b. All other items within the building footprint indicated on final plans or required by building codes to complete installation of the building package which are not specifically stated as supplied by Romtec or by others.
C. Contractor Scope
The contractor’s scope will generally consist of site preparation and grading, excavation for structures, backfill and/or structural backfill, and any site work or utility work outside the building package footprint.
1. Structural
The following items relative to the structural components will be supplied by the contractor:
a. All materials, equipment and labor for exterior slabs and sidewalks. b. If required, design and supply of gutters and downspouts is by the contractor or others.
Romtec can show basic gutters and downspouts on the plans upon request.
2. Plumbing
The following plumbing components will be provided by the contractor. a. Incoming plumbing utilities to within 10’ of the building exterior will be by the contractor. b. All water and sewer piping, drains, and valves external of the building footprint are provided by the contractor.
3. Electrical
The following electrical components will be provided by the contractor. a. Incoming electrical utilities to with 10’ of the building exterior are provided by the contractor.
b. Electrical meter base and meter are provided by the contractor.
4. Other materials, equipment, and services
The following materials, equipment, and services are provided by the contractor. a. Site grading and/or asphalt
paving
b. Masonry pavers
c. Branch circuit breakers
d. Fire alarm & fire
suppression equipment
e. Gutters and downspouts
f. Lighting equipment not
attached to the building
g. Backflow check valves &
drain valves
h. Freeze protection
i. Landscaping
j. Special inspection services
k. Permits and fees
l. Site plans
m. Geotechnical reports
D. Delivery, Storage, and Handling
1. The installer and/or contractor will be responsible for all equipment and labor required for offloading of the delivered building package onsite. This includes providing appropriate equipment, including but not limited to a forklift with minimum 8,000 lb. capacity and 6 ft. fork extension.
2. Installer or contractor shall comply with all handling instructions/recommendations provided by Romtec.
Romtec, Inc. | 18240 North Bank Road | Roseburg, OR 97470 | 541-496-3541 | Email: [email protected] | www.romtec.com
3. The installer and/or contractor will assume responsibility for adequate protection of delivered materials from weather, damage, and pilferage or all warranties, expressed or implied may be voided.
4. Do not throw away the Operations & Maintenance manuals that are provided by some manufacturers in their product packaging. It is the responsibility of the installer and/or contractor to collect and maintain these manuals until delivered to the owner.
E. Romtec General Exceptions/Exclusions
The following are items that Romtec does not provide as part of its standard products and services.
1. Site visits by Romtec staff are not included in the proposal.
Note: If site visits are required, Romtec will issue a change order.
2. Unless otherwise stated, Romtec is not proposing to meet any Buy America standard for materials.
3. Romtec’s proposed building design is based on the following standard design loads. These standard design loads are typical for many locations. Local design loads specific to this project may require changes to the building design, which may result in a price increase due to increased material costs.
a. Roof Snow Load: 25 psf
b. IBC Seismic Design Category: C
c. Design Wind Speed: 110 mph
d. Allowable Soil Bearing: 1500 psf
e. Occupancy Type: U
f. Type: VB
4. Any site utility sizing shown on the Romtec plans is either based on design criteria provided by others or based on Romtec’s assumption of the appropriate sizing. Site utility sizing must be confirmed by the customer. Romtec is not responsible for determining or confirming site utility sizing.
5. 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.
6. 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.”
7. Any CMU block plan(s) provided by Romtec are only accurate if Romtec supplies the CMU block.
8. 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 customer acceptance of the terms and conditions of the Romtec quote proposal, which may be attached here or provided separately.
WC-1 WC-1 THESE PLAN VIEW AND ELEVATION DRAWINGS ARE A PRELIMINARY ARCHITECTURAL REPRESENTATION OF THE BUILDING. ALL DIMENSIONS, FEATURES AND COMPONENTS SHOWN ON THESE PRELIMINARY DRAWINGS MAY OR MAY NOT BE PART OF THE QUOTE. PLEASE REFER TO THE "SCOPE OF SUPPLY AND SERVICES" LETTER PROVIDED WITH YOUR QUOTE FOR ROMTEC'S PROPOSED SCOPE OF SUPPLY. PRELIMINARY 9/04/2024 2377 B GARDEN GROVE, CALIFORNIA JRM SHEET NO. DRAWN BY: DATE: PROJECT #: PROJECT:
SHEET TITLE: REVISIONS: REV. DATE: BY:
© 2024 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. www.romtec.com (541) 496-3541 FAX (541) 496-0803 JOB CREATED: 4/16/2024 - LAST SAVED BY: jmiller ON 5/14/2024 - LAST PRINTED: 9/4/2024 - LOCATION: O:\Engineering RI\Sales Drawings\Projects\2000 - 2499\2377- Garden Grove, CA\2377b- Westhaven-2061M, CA -240904.dwg
GARDEN GROVE PARKS
WESTHAVEN PARK - RESTROOM
FLOOR PLAN
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1 D FLOOR PLAN SCALE: 1/4" = 1'-0" 14'-8" BUILDING 5'-0" SLAB RIDGE ROOF LINE B
2 WALL TYPE SCHEDULE 8" REINFORCED CONCRETE MASONRY BLOCK WALL WITH MORTAR JOINTS, GROUTED SOLID ALL CELLS RUNNING BOND PATTERN. 6" REINFORCED CONCRETE MASONRY BLOCK WALL WITH MORTAR JOINTS, GROUTED SOLID ALL CELLS RUNNING BOND PATTERN. ROOF LINE 25'-4" BUILDING SYMBOL LEGEND DESCRIPTION AREA/ QUANTITY INTERIOR CEILING LIGHTS 3 EXTERIOR WALL LIGHTS3 CONCRETE WALKS (BY INSTALLER)
TP FD-2 FD-1FD-2TP
GB42 GB18 GB36 SD
PTD PTD SD
GB42 GB18 GB36 HB-2 MECH MEN BP GATE GATE
TP 3" VTR 3" VTR
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A2 SS SS SS SS 4" SEWER TO SANITARY SEWER SYSTEM CONFIRMED BY OWNER UR-1 LV-1 LV-1 WC-1 WOMEN HDHD THESE PLAN VIEW AND ELEVATION DRAWINGS ARE A PRELIMINARY ARCHITECTURAL REPRESENTATION OF THE BUILDING. ALL DIMENSIONS, FEATURES AND COMPONENTS SHOWN ON THESE PRELIMINARY DRAWINGS MAY OR MAY NOT BE PART OF THE QUOTE. PLEASE REFER TO THE "SCOPE OF SUPPLY AND SERVICES" LETTER PROVIDED WITH YOUR QUOTE FOR ROMTEC'S PROPOSED SCOPE OF SUPPLY. PRELIMINARY 9/04/2024 2377 B GARDEN GROVE, CALIFORNIA JRM SHEET NO. DRAWN BY: DATE: PROJECT #: PROJECT:
SHEET TITLE: REVISIONS: REV. DATE: BY:
© 2024 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. www.romtec.com (541) 496-3541 FAX (541) 496-0803 JOB CREATED: 4/16/2024 - LAST SAVED BY: jmiller ON 5/14/2024 - LAST PRINTED: 9/4/2024 - LOCATION: O:\Engineering RI\Sales Drawings\Projects\2000 - 2499\2377- Garden Grove, CA\2377b- Westhaven-2061M, CA -240904.dwg
GARDEN GROVE PARKS
WESTHAVEN PARK - RESTROOM
ELEVATION VEIW 2
B ELEVATION VIEW SCALE: 1/4" = 1'-0"
A ELEVATION VIEW SCALE: 1/4" = 1'-0" 25'-4" 14'-8" 12
5 FG FG FG MEN WOMEN LF-1 LF-1 FG
8'-0" 37 1/2" O.H. 17 1/2" O.H. CONCRETE WALK (BY INSTALLER) 8"X16" CMU SPLIT FACE CONCRETE BLOCK WALL GUTTERS & DOWNSPOUTS, BY OTHERS, TYP 3" VTR W/ VENT BOOT, TYP (2) 8"x16" CMU SPLIT FACE CONCRETE BLOCK WALL 3" VTR W/ VENT BOOT, TYP (2) WALL MOUNT LIGHT, TYP GUTTERS & DOWNSPOUTS, (BY OTHERS), TYP GABLE VENTS, TYP. (6) METAL ROOFING 17 1/2" O.H.
WC-1 ROOF LINE SYMBOL LEGEND DESCRIPTION AREA/ QUANTITY GABLE VENT 6 INTERIOR CEILING LIGHTS6 EXTERIOR WALL LIGHTS3
A
B
C
D
1 FLOOR PLAN SCALE: 3/16" = 1'-0" WALL TYPE SCHEDULE 8" REINFORCED CONCRETE MASONRY BLOCK WALL WITH MORTAR JOINTS, GROUTED SOLID ALL CELLS RUNNING BOND PATTERN. RIDGE 25'-4" BUILDING 23'-4" BUILDING CONCRETE WALK BY INSTALLER 5'-0" SLAB A
2 B
2 FLOOR DRAIN
3 ELECTRICAL OUTLET2
P
P UNDERGROUND ELECTRICAL SERVICE VERIFY REQUIREMENTS FOR TYING INTO SERVICE UTILITY EQUIPMENT BY OTHERS.
W
W
W
W
W
1 1/
2" W
A
T
E
R
PIP
E
W
A
T
E
R
S
E
R
VIC
E
I N
T
O
B U I L
D I N
G SS SS SS SS SS 4" SEWER TO SANITARY SEWER SYSTEM CONFIRMED BY OWNER GATE GATE FD-1 FD-1 FD-1 BP PTD MECH HB-2 3" VTR 3" VTR 3" VTR 3" VTR
TP
GB42 GB18 GB36
TP
TP
GB42 GB18 GB36
TP LV-1 LV-1 LV-1 LV-1 SD SD SD SD MEN WOMEN
TP
TP THESE PLAN VIEW AND ELEVATION DRAWINGS ARE A PRELIMINARY ARCHITECTURAL REPRESENTATION OF THE BUILDING. ALL DIMENSIONS, FEATURES AND COMPONENTS SHOWN ON THESE PRELIMINARY DRAWINGS MAY OR MAY NOT BE PART OF THE QUOTE. PLEASE REFER TO THE "SCOPE OF SUPPLY AND SERVICES" LETTER PROVIDED WITH YOUR QUOTE FOR ROMTEC'S PROPOSED SCOPE OF SUPPLY. PRELIMINARY 4/16/2024 2377 A GARDEN GROVE, CALIFORNIA JRM SHEET NO. DRAWN BY: DATE: PROJECT #: PROJECT:
SHEET TITLE: REVISIONS: REV. DATE: BY:
© 2024 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. www.romtec.com (541) 496-3541 FAX (541) 496-0803 JOB CREATED: 4/16/2024 - LAST SAVED BY: jmiller ON 4/16/2024 - LAST PRINTED: 9/4/2024 - LOCATION: O:\Engineering RI\Sales Drawings\Projects\2000 - 2499\2377- Garden Grove, CA\2377a- Hester-2080M, CA -240904.dwg
GARDEN GROVE PARKS
HESTER PARK - RESTROOM
FLOOR PLAN
1 UR-1 WC-1 WC-1 WC-1 WC-1 WC-1 UR-1 HDHD
PTD
A ELEVATION VIEW SCALE: 1/4" = 1'-0" 23'-4" FG
B ELEVATION VIEW SCALE: 1/4" = 1'-0" 25'-4" 12
5 FG FG MEN WOMEN LF-1 LF-1
8'-0" 17 1/2" O.H. 37 1/2" O.H. METAL ROOFING CONCRETE WALK (BY INSTALLER) 8"X16" CMU SPLIT FACE CONCRETE BLOCK WALL GUTTERS & DOWNSPOUTS, BY OTHERS, TYP 3" VTR W/ VENT BOOT, TYP (4) FG THESE PLAN VIEW AND ELEVATION DRAWINGS ARE A PRELIMINARY ARCHITECTURAL REPRESENTATION OF THE BUILDING. ALL DIMENSIONS, FEATURES AND COMPONENTS SHOWN ON THESE PRELIMINARY DRAWINGS MAY OR MAY NOT BE PART OF THE QUOTE. PLEASE REFER TO THE "SCOPE OF SUPPLY AND SERVICES" LETTER PROVIDED WITH YOUR QUOTE FOR ROMTEC'S PROPOSED SCOPE OF SUPPLY. PRELIMINARY 4/16/2024 2377 A GARDEN GROVE, CALIFORNIA JRM SHEET NO. DRAWN BY: DATE: PROJECT #: PROJECT:
SHEET TITLE: REVISIONS: REV. DATE: BY:
© 2024 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. www.romtec.com (541) 496-3541 FAX (541) 496-0803 JOB CREATED: 4/16/2024 - LAST SAVED BY: jmiller ON 4/16/2024 - LAST PRINTED: 9/4/2024 - LOCATION: O:\Engineering RI\Sales Drawings\Projects\2000 - 2499\2377- Garden Grove, CA\2377a- Hester-2080M, CA -240904.dwg
GARDEN GROVE PARKS
HESTER PARK - RESTROOM
ELEVATION VEIW 2 8"x16" CMU SPLIT FACE CONCRETE BLOCK WALL 3" VTR W/ VENT BOOT, TYP (4) WALL MOUNT LIGHT, TYP GUTTERS & DOWNSPOUTS, (BY OTHERS), TYP GABLE VENTS, TYP. (6) 17 1/2" O.H.
18240 North Bank Rd. Date
Roseburg, OR 97470 9/10/2024
P: 541‐496‐3541
F: 541‐496‐0803
E: [email protected]
Customer:
CA DIR# 1000002582
Quantity Extended Price
1 $ 158,307.75
1 $ 202,230.27
6.00% $ (21,632.29)
$ 14,818.50
$ 353,724.23
*Delivery terms are FOB Roseburg, OR, unless otherwise stated. Freight prepaid and added. Delivery will be in accordance with a mutually agreed timeline as established in the Romtec Inc. Notice to Proceed on Production form.
ROMTEC INC. PURCHASE ORDER TOTAL
*This proposal includes the design and engineering by Romtec Inc. to produce a complete plan set that will meet the architectural and engineering code required in the state where the project is located. 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% 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. *Quote based on standard/average design loads, 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.
Garden Grove, CA
Sourcewell DISCOUNT: Available only to members of Sourcewell.
PROPOSAL/PO #081721‐RMT
Westhaven & Haster Park Restrooms
City of Garden Grove
Janet Pelyo
11222 Acacia Parkway
Garden Grove, CA 92840
Building Proposal Description
Westhaven Park Restroom Design & Supply per Romtec Scope of Supply and Services Document Dated 9‐10‐24
Haster Park Restroom Design & Supply per Romtec Scope of Supply and Services Document Dated 9‐10‐24
Freight/Packaging to:
Customer/Owner Authorized Signature Date Romtec Inc. Authorized Signature Date Customer/Owner Printed Name Romtec Inc. Printed Name
Customer/Owner Company
*By signing below, the customer confirms that the prices, terms, and conditions herein are satisfactory and 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 Project Information Form 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
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.
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.
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.
To be established by Romtec’s accounting department after receipt of Customer's credit application.
Terms of Delivery
Description of Products and Warranty
Terms of Shipment & Delivery
Store & Invoice
Cancellation
Contract Documents
Legal Proceedings
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 FOB 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.
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’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
No modification of this Purchase Order agreement shall be valid unless it is in writing and is signed by all of the parties.
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.
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.
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.
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.
Item 488/2024
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Omar Sandoval
Dept: City Manager Dept: City Attorney
Date: 11/26/2024
Subject: Second reading and Adoption of Ordinance No. 2961 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE AMENDING PROVISIONS OF CHAPTER 11.32 OF TITLE 11 OF THE GARDEN
GROVE MUNICIPAL CODE PERTAINING TO THE REMOVAL AND REPLACEMENT OF CITY TREES. (Action Item)
Attached for second reading is Ordinance No. 2961 recommended for adoption.
ATTACHMENT(S)
1. Ordinance No. 2961
ORDINANCE NO. 2961
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN
GROVE AMENDING PROVISIONS OF CHAPTER 11.32 OF TITLE 11 OF
THE GARDEN GROVE MUNICIPAL CODE PERTAINING TO THE REMOVAL
AND REPLACEMENT OF CITY TREES
CITY ATTORNEY SUMMARY
This Ordinance revises various sections of Chapter 11.32 of the Garden Grove Municipal Code pertaining to the application by property owners to remove City trees on or adjacent to their properties. The revisions remove the requirement for majority neighbor consent and will generally require that property owners wishing to remove City trees on or near their properties agree to replace the tree(s) or pay a fee to enable the City to replace the tree(s) elsewhere in the City.
Applications for removal and replacement of City trees will be reviewed and approved by the City Manager or designee in the case of one tree and the Planning Commission in the case of more than one tree.
Decisions of the City Manager or designee will be appealable to the Administrative Board of Appeals while decisions of the Planning Commission will be final. The fine for failing to replace a tree is increased from $50 to $250 for each tree not planted.
THE CITY COUNCIL OF THE CITY OF GARDEN GROVE HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Subdivisions A and B(1) of Section 11.32.010 of Chapter 11.32 of Title 11 of the Garden Grove Municipal Code is amended to read as follows (deletions shown in strikethrough, additions shown in bold/underline):
A. It is the purpose of this chapter to preserve, protect and promote the health, safety and general welfare of the public by providing for the regulation of trees located on thoroughfares, parks and public areas owned or controlled by the City. These regulations also apply to new developments and alterations to previous developments on private property.
B. It is the intent of this chapter to:
1. Preserve, maintain, and care for trees on public property, while encouraging replanting of City-approved trees.
SECTION 2. The following definition of Section 11.32.020 of Chapter 11.32 of Title 11 of the Garden Grove Municipal Code is amended to read as follows (deletions shown in strikethrough, additions shown in bold/underline):
"Adjacent property owners owner" means the owners owner of property directly adjacent to the parcel on which the subject tree is located. If the tree is located on
Garden Grove City Council
Ordinance No. 2961
4856-2266-8534, v. 1
City-owned property or right-of-way owned in fee, the "adjacent property owners owner" include is the owners owner of property(ies) within 10 feet of closest to the tree as determined by the City Manager and the parcels adjacent thereto.
SECTION 3. Subdivision B of Section 11.32.025 of Chapter 11.32 of Title 11 of the Garden Grove Municipal Code is amended to read as follows (deletions shown in strikethrough, additions shown in bold/underline):
B. The City Manager shall prepare and publish guidelines and specifications for tree planting, tree species selection, care, maintenance, removal and landscape design in a document entitled “Tree Ordinance Guidelines” for reference and use by property owners, developers, consultants and the general public in furtherance of the requirements and intent of this chapter. The Guidelines guidelines shall be reviewed periodically by the Planning Commission.
SECTION 4. Subdivision A(2) of Section 11.32.030 of Chapter 11.32 of Title 11 of the Garden Grove Municipal Code is amended to read as follows (deletions shown in strikethrough, additions shown in bold/underline):
2. It is unsafe and constitutes a hazard to the life, health, safety, or property of the public.
SECTION 5. Subdivisions A, B, C, and L of Section 11.32.040 of Chapter 11.32 of Title 11 of the Garden Grove Municipal Code is amended to read as follows (deletions shown in strikethrough, additions shown in bold/underline):
A. No person shall spray, fertilize, injure, remove, destroy, cut, top, or otherwise severely prune, including the root system, or treat any tree or shrub having all or any portion of its trunk in or upon any public property without first obtaining a written permit from the City, and without complying strictly with the provisions of the permit, and this chapter, and the “Tree Ordinance Guidelines.”.
B. No person shall plant any tree or shrub on any public street right-ofway or public property without first obtaining a permit from the City and without complying strictly with the provisions of the permit, and the provisions of this chapter and the “Tree Ordinance Guidelines.”.
C. No person shall damage, nail, cut, or carve any tree or shrub having all or any portion of its trunk in or upon any public property; attach any object, including, but not limited to, rope, wire, nail, chain or sign to any such tree or shrub, or to the guard or stake intended for the protection of such tree.
Garden Grove City Council
Ordinance No. 2961
4856-2266-8534, v. 1
L. Any tree service person performing tree pruning or removal activities on public property must have an arborist or authorized City employee, as defined in this chapter, present onsite to perform or oversee the work.
SECTION 6. Section 11.32.050 of Chapter 11.32 of Title 11 of the Garden Grove Municipal Code is amended to read as follows (deletions shown in strikethrough, additions shown in bold/underline):
§ 11.32.050. Permit Application and Issuance.
A. No permit shall be issued under this chapter until the application is submitted in compliance with this chapter and the appropriate fee is paid, not less than two weeks in advance of the time the work is to be done, unless otherwise permitted by the City Manager to abate an immediate hazard.
B. The City Manager or Planning Commission shall issue the appropriate permit as provided for herein if, in his or her judgment, the proposed work adheres to specifications contained in this chapter and in the Tree Ordinance Guidelines guidelines.
C. The person receiving the permit shall abide by all conditions stated on the permit and by the standards established in the Tree Ordinance Guidelines guidelines.
D. Any tree permit granted shall contain a definite date of expiration. The work shall be completed in the time allowed on the permit, and only in the manner as therein described.
E. Notice of completion shall be given within five days to the City Manager for inspection.
F. Where a tree permit for removal has been denied, the property owner may appeal the decision to of the City Manager within 10 15 days of the denial to the Administrative Board of Appeals or the decision shall be deemed final. The appeal may be heard by an official or designee not involved in the denial of the permit. The decision of the official or designee shall be final. The Administrative Board of Appeals shall consider the appeal and the decision of the Board in respect thereto shall be final and conclusive. Decisions of the Planning Commission are not appealable and are final and conclusive. Pursuant to Code of Civil Procedure Section 1094.6, any petition for judicial review shall be filed not later than 90 days after the Board or Planning Commission makes its final decision. The provisions of Section 1094.6 shall apply. The Garden Grove City Council
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secretary of the Board or the Planning Commission shall notify the appellant that filing a petition for an administrative writ is subject to the 90-day time limitation set forth in Code of Civil Procedure Section 1094.6.
SECTION 7. Section 11.32.060 of Chapter 11.32 of Title 11 of the Garden Grove Municipal Code is amended to read as follows (deletions shown in strikethrough, additions shown in bold/underline):
§ 11.32.060. Resident Petition for Street Tree Removal and Replacement.
A petition may be presented by citizen action in a given area for the removal and replacement of existing City trees, if in the opinion of the petitioners, the trees are undesirable. The following conditions must be met:
A. The petition must be signed by the adjacent property owners in accordance with the following percentage schedule based upon the number of trees involved:
1. Zero to 15 trees: 75%.
2. 16 to 25 trees: 80%.
3. 26 trees and over: 85%.
An application may be presented by an adjacent property owner for the removal and replacement of existing City trees in compliance with this chapter. Applications for removal and replacement of a single tree shall be made to the City Manager. Applications for removal and replacement of more than one tree shall be made to the Planning Commission. The following conditions must be met:
A. The applicant shall agree to one of the following before the application approval is considered:
1. The applicant agrees to replace the tree(s) with a Cityapproved tree and acknowledges they will care for the establishment of the newly-planted tree(s), or
2. The applicant refuses to replace the tree(s) and pays a fee of
$250 per tree for the City to plant replacement tree(s) elsewhere in the City. The fee may be adjusted by the
City Council by resolution from time to time. The request does not need to include a reason or statement of safety or undesirability.
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B. All costs for removal and mitigation will be borne by the applicant.
Mitigation may include replacement with an approved species, or payment of fees as established by resolution of the City Council.
C. The work is to be performed by contract, under City specifications and administered by the City. The cost will be determined by the City Manager, and would be placed on deposit with the City prior to removal being initiated.
D. It will be the responsibility of the petitioners to collect and deposit the necessary funds with the City to cover the cost of the project. No reapplications will be considered on application denials by the City Manager, Planning Commission or Administrative Board of Appeals for five (5) years after the date of their decision.
E. In that granting requests initiated by petitions The approval of applications is discretionary, and each petition application request will be considered individually, and will be determined on the merits of the individual request. Nothing contained in this chapter shall be construed to enable automatic City approval of any application.
SECTION 8. Subdivisions B(1) and B(5) of Section 11.32.160 of Chapter 11.32 of Title 11 of the Garden Grove Municipal Code is amended to read as follows (deletions shown in strikethrough, additions shown in bold/underline):
1. Failure to plant original or replacement trees in accordance with this chapter shall be subject to a fine of $50.00 $250.00 for each tree not planted. No civil penalty shall be assessed until the person alleged to be in violation has been notified of the violation and given an opportunity within a reasonable time to correct the violation. If the site is not brought into compliance within the time specified in the notice of violation, a civil penalty may be assessed from the date the notice of violation is received. The failure to plant each individual tree shall constitute a separate, daily and continuing violation.
5. Any other action that constitutes a violation of this chapter may subject the violator to a civil penalty of $50.00 $250.00, and each day of continuing violation shall constitute a separate violation. However, the maximum amount of the penalty shall not exceed $1,000.00.
SECTION 9: If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence,
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clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.
SECTION 10: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption.
The foregoing Ordinance was passed by the City Council of the City of Garden Grove on the ___ day of ____________.
ATTEST:
MAYOR
_______________________________
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
I, LIZABETH VASQUEZ, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for first reading and passed to second reading on November 12, 2024, with a vote as follows:
AYES: COUNCIL MEMBERS: (7) BRIETIGAM, O’NEILL, DOVINH, KLOPFENSTEIN,
NGUYEN-PENALOZA, TRAN, JONES
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE