2023/04/19 Romtec Romtec Audie Murphy Park Purchase Order TotalPage 1 of 5
18240 North Bank Rd.Date
Roseburg, OR 97470 4/19/2023
P: 541-496-3541
F: 541-496-0803
E: service@romtec.com
Customer:
CA DIR# 1000002582 849246
Quantity Extended Price
1 $ 246,216.58
1 $ 112,319.03
9.00%(32,268.21)$
10,680.00$
336,947.40$
Estimated Freight/Packaging to:
*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.
*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.
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.
Menifee, CA
Sourcewell DISCOUNT: Available only to members of Sourcewell.
PROPOSAL/PO #081721-RMT
Audie Murphy Park
City of Menifee
Bryce Howell
29995 Evans Rd
Menifee, CA 92586
Building Proposal Description
Ranger Station "Building Supply ONLY" per Preliminary Romtec Drawings
and Scope of Supply & Services dated 4/19/2023
Ticket Booth "Building Supply ONLY" per Preliminary Romtec Drawings and
Scope of Supply & Services dated 4/19/2023
California CCB#:
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Page 2 of 5
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.
*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.
Attest:
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
City of Menifee
Romtec Inc. Authorized Signature
Romtec Inc. Printed Name
Date
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6/13/2023
Ben Cooper, President
Dayna Lewis, Corporate Controller
6/13/2023
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6/15/2023
Armando G. Villa
Page 3 of 5
Terms of Payment
Credit Terms
Payment Terms
Deviation From Payment
Tax
Change Orders
Delay of Project
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.
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Terms of Delivery
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
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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.
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