HomeMy WebLinkAboutRomtec; 2021-07-26;Page 1 of 6
ROMTEC
18240 North Bank Rd.
Roseburg, OR 97470
P: 541-496-3541
F: 541-496-0803
E: service@romtec.com
Date
5/14/2021
CMAS Contract #4-20-54-0018B
Poinsettia Park Restroom Project
Customer: City of Carlsbad
Barb Kennedy
799 Pine Avenue, Suite 200
Carlsbad, CA 92008
CA D1R No.: 1000002582
Quantity Building Proposal Description Extended Price
1 2084/2641/3020 Sierra Restroom & Storage Bldg with Pergola - "Building $ 173,247.12
Supply ONLY" per Romtec SSDS dated 11/23/2020 and Romtec Comment
Log Responses through 5/14/2021
CMAS DISCOUNT: Available only to quialified California State and Local 8.31% Entities (Customer is responsible for all State of California incurred fees). $ (14,400.91)
ESTIMATED TAX BASED ON RATE OF: 7.75% $ 12,310.58
Freight to: Carlsbad, CA $ 4,800.00
ROMTEC INC. PURCHASE ORDER TOTAL $ 175,956.79
*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.
*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.
*All prices 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.
*This proposal is effective for 90 days from above date; thereafter all prices are subject to change without notice
*Non-Agency orders must be placed on Romtec Inc. purchase order forms.
*Shipping price is effective for 30 days from above date; thereafter the shipping price is subject to change without notice.
*A payment schedule and terms will be established after the Purchase Order is received. Romtec Inc. will often require 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.
*Romtec Inc. reserves the right to update its purchase order price if, for any reason, the time frame from received of Purchase Order to
subsequent Scope of Supply and Design Submittal Aproval with Notice to Proceed on Production by Romtec Inc.'s Customer exceeds 90
*Design Services include an initial unsealed plan set on 11x17 format and one sealed revision in response to comments (excluding Romtec
Trads and Originals; Romtec Trads and Originals do not include sealed plans. Sealing for these plans 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.
*This proposal includes estimated sales or use tax based on the information available at the time of quoting. All sales are assumed subject
to sales and use tax unless the customer provides Romtec with a resale certificate or proof of exemption. The applicable sales tax is
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.
Custome ( 0
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*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 the Customer & Project Information request as quickly as possible so that payment terms, and
if applicable bonding requirements, can be established. The customer understands that by acceptiing this proposal they are issueing a
Purchase Order for the project detailed above, but that production will not begin and delivery or installation dates cannot be
established until the custo er has granted submittal approval and notice to ceed on proc.iction.
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R • MTEC Proposal Terms & Conditions
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:
Terms of Payment
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.
Credit terms
Upon execution of the Purchase Order agreement, Customer shall provide a completed credit application (subject to
Romtec's approval) and 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 subsequent if in the opinion of Romtec management, new
information or conditions warrant such modification.
Payment terms
To be established by Romtec's accounting department upon receipt of credit application.
Deviation from payment
Time is of the essence with respect to Buyer's payment of the purchase price, and timely payment shall not be delayed or
excused for any reason. Payment agreement between Buyer and other parties, or failure by other parties to pay Buyer or
perform any agreement with Buyer 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 Buyer 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 accoutns 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 affect the warranty period timeframe.
Tax
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. Buyer is responsible for remitting any taxes that are applicable.
Change Orders
All Change Orders must be signed by the Buyer. Prices stated herein are valid for 90 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, after formal
approval, requested or required by Buyer for any reason shall be performed by ROMTEC at Buyer's expense, as follows: (i)
Buyer shall submit a written description of the modifications to ROMTEC; (ii) within 14 days of receipt of Buyer's description,
ROMTEC shall provide to Buyer a written price quote for the modifications requested; (iii) Buyer shall pay the Change Order
Invoice to ROMTEC in accordance with payment terms.
Delay of Project
Should progress of the project be delayed to where ROMTEC cannot produce and deliver six months from the date the
purchase order is signed, Buyer will 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, as well as expenses related to the
authorized purchase or production of items requested. Additionally, Buyer agrees to accept cost increases that may occur
during the time the project is delayed.
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Terms of Delivery
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 Buyer by reason of such delay, when such delay is beyond ROMTEC's control. All goods
are shipped F.O.B. Roseburg, Oregon, which means that the risk of loss or damage to the goods and risk of delays in transit
passes to the Buyer when the goods are duly delivered to the carrier at Roseburg, Oregon. ROMTEC has no control over
arrival time of a shipment, and shall not be responsible for delays in shipments once the goods leave ROMTEC's plant.
a. Procedures for Handling Products. ROMTEC's suggested 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
BUYER.
Description of Products and Warranty
ROMTEC's Scope of Supply & Design Submittal document (provided subsequent to this order) contains & defines ROMTEC's
complete offering of its products and services (as applicable). In addition, Section 4 of the Scope of Supply & Design
Submittal defines ROMTEC's Limited One Year Warranty.
Time of Shipment and Delivery
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 Buyer is ready to deliver the goods to the Buyer, the Buyer agrees to accept the goods at the carrier's
earliest possible delivery date and time.
Store & Invoice
If Buyer delays shipment, regardless of the reason for delay, ROMTEC is permitted to invoice and the Buyer accepts the
obligation to pay ROMTEC under its agreed upon 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 agency/contractor. Further, ROMTEC may at its sole discretion invoice
the Buyer for a minimum of $450 per month for on-site storage. Deliveries that are delayed by the Buyer may be canceled
by ROMTEC and the goods returned to ROMTEC at its discretion. Any costs or difficulties arising from the Buyer's act in
delaying receipt of ROMTEC's shipments are the complete responsibility of the Buyer. The Buyer agrees to pay for the
complete shipping cost if ROMTEC elects to cause the goods to be returned to ROMTEC or delivered to another Buyer.
Cancellation
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 Buyer cancel its purchase order prior, the following
fee schedule will take effect:
1.Cancellation after Purchase Order: 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
In addition, Buyer shall reimburse all expenses related to the authorized purchase or production of items requested prior to
approval of the Scope of Supply & Design Submittal. ROMTEC requires that Buyer indicate approval of its supply offering by
executing the signature page of its Scope of Supply & Design Submittal document and 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, the Buyer is waiving any rights to cancel its purchase order. ROMTEC does not accept returns or
exchanges.
Contract Documents
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).
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Attorney Fees
If Buyer fails to pay any amount when due, and ROMTEC incurs any expenses in pursuit of collection, Buyer agrees to pay
the reasonable attorney fees (whether or not litigation is commenced) and other costs of such collection.
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 at 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.
Controlling Provisions
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 Buyer may give or receive, and the rights of the parties shall
be governed exclusively by the provisions, terms, and conditions hereof.
Binding effect
This Purchase Order agreement shall be effective and in force only when signed by Buyer 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.
Notice
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.
Modification
No modification of this Purchase Order agreement shall be valid unless it is in writing and is signed by all of the parties.
Interpretation
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. This agreement shall not be construed against the drafting party.
Severability
The invalidity of any term or provision of this agreement shall not affect the validity of any other provision.
Waiver
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.
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.
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Force Majeure
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.
Project Information
Job: Poinsettia Park Phase IV
Agency Contract Officer: Chad Kantner
Government Agency: City of Carlsbad
760-434-2860 Telephone:
ROMTEC
18240 NORTH BANK ROAD
ROSEBURG, OR 97470
Phone: 541/496-3541
Fax: 541/496-0803
PRELIMINARY IN FORMATION
Customer/Contractor Information
Company Name: City of Carlsbad Year Established:
799 Pine Ave., ste 200 same Billing Address: Street Address:
City: Carlsbad State: CA zip: 92008 telephone: 760-434-2826 '
Accounts Payable: Barbara Kennedy Telephone: 760-458-2057 barbara.kennedy@cadsbadca.gov
Job Contact Barbara Kennedy 760-458-2057 Telephone:
6600 Hidden Valley Road Job Site Address:
N/A City: Carlsbad State: CA Zip: 92010 Telephone:
Project Prime Contractor
Company Name: Senitica Construction, Inc. Tony Kasbar
12523 Limonite Ave., ste 440- 345 Billing Address: Street Address:
City Mira Loma State: CA zip: 91752 Telephone: 909-486-3239 :
Project Owner
Company Nam City of Carlsbad Year Established:
799 Pine Ave., Ste 200 same Billing Address: Street Address:
City, Carlsbad State CA Telephone:92008 760-434-2826 :
Project Bond Information
Insurance Agency: N/A Address: City: State: Zip:
Agents Name: Telephone:
Bonding Company: Address: City: State: Zip:______ _
Bond No: Underwriter: Telephone: Fax:
Year Established:
Romtec, Inc.
Proposed Payment Schedule:
20% of total contract value due at, or prior to, the customer providing Notice to Proceed on
Production (see note below defining Notice to Proceed on Production) or six (6) months from
receipt of signed contract whichever comes first.
Note: Notice to Proceed on Production is defined as the customer providing Romtec with
signed submittal approval and written notice to proceed on production of the order.
80% of total contract value Due Net 30 from delivery/deliverability of the building package
or six (6) months from receipt of notice to proceed whichever comes first.
Note: Deliverability is the date that Romtec completes the production of specific aspects of
the building package and is ready to deliver the goods to customer per agreement.
Romtec does not accept partial payments or any offsets and/or retainage relative to the
above payment milestones. Payment is not conditional upon Buyer receiving payment from
Owner, and payment will not be withheld from Romtec for any reason beyond Romtec
control. Deviation from agreed upon terms will void credit/payment terms granted, and any
remaining goods or services not yet delivered will be subject to different payment terms.
Please provide Romtec with a copy of the project's payment and performance bond if
applicable. If you have any questions or concerns regarding the payment terms and billing
schedule, please let me know. Otherwise, please sign and return acknowledging that you
understand these payment terms.
1 1 /1 7/2-S/
Cust ier ig 6nature Date
We appreciate your patronage & look forward to working with you on this project.
Respectfully,
Ben Cooper
President
Romtec Companies
PH 541-496-3541
FAX 541-496-0801
Email: bcooper(aromtec.com
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