HomeMy WebLinkAbout29A - PO FOR BUST STOP BENCHESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 16, 2020
TITLE:
AWARD A PURCHASE ORDER IN THE
AMOUNT OF $311,111.23 TO TOLAR
MANUFACTURING FOR BUS STOP
TRASH CONTAINERS AND BENCHES
(GENERAL FUND)
/s/ Kristine Ridge
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to Tolar Manufacturing for 134 bus
benches and 155 trash containers in an amount not to exceed $311,111.23, subject to non -
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Agency is responsible for the acquisition, maintenance, repair, and replacement
of bus stop furniture, including shelters, benches and trash containers. The bus stop furniture
located at stops without shelters was purchased in 2000, and is suffering from metal fatigue. Many
benches have been removed, as they are unrepairable. Given that the City of Santa Ana has one
of the highest ridership's in the County of Orange it is imperative that benches are replaced and
maintained. Staff recommends purchasing replacement bus benches as well as trash containers.
This contract award will provide 134 benches and 134 trash containers for bus stops and 21 trash
containers for Downtown Santa Ana. The FY 2019-20 budget includes funding for replacement of
benches and trash containers that have reached the end of their useful life. It is expected that the
new benches and trash containers will go into service in the fall of 2020.
Due to the unique style of the shelter furniture, this contract will be awarded through an exception
to the Competitive Bidding Process. The City's current bus shelter and furniture manufacturer,
Tolar Manufacturing, was selected to supply the bus benches and trash containers in order for the
furniture to match the distinctive shelter design. The quote submitted from Tolar Manufacturing is
appropriate and responsive to the City's requirements (Exhibit 1).
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 - Community
Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and
equipment).
29A-1
Award Purchase Order for Bus Stop Furniture
June 16, 2020
Page 2
FISCAL IMPACT
Funds for this purchase are available in the following General Fund account:
Accounting
Fund
Accounting Unit, Account
Fiscal Year
Amount
Unit -Account #
Description
Description
Bus Shelter Program,
FY 0
01117621-62300
General Fund
Contract Services
$311,111.23
June
June
Professional
Total:
$311,111.23
1►691IAIIAFLy:1
Exhibit: 1. Bus Furniture Quote
29A-2
EXHIBIT 1
TOLAR
258 Mariah Circle
Corona, CA 92879
(951)808-0081
www.tolarmfg.com
info@tolarmfg.com
Customer:
Project:
Christy Kindig
Bench and trash
Project Manager -Public Works
receptacle pricing -
City of Santa Ana
Revised
20 Civic Center Plaza M-21
Santa Ana, CA 92702
Quote No:
20147PMR1
Date:
05/27/2020
Quote Expires:
30 Days
Sales Contact:
Patrick Merrick
Phone:
951-547-8209
Email:
pmerrickaJolarmfg.com
Lead Time:
12 Weeks
From receipt of signed written order, and all
required approvals.
Terms:
Net 30 Days From Invoice
Terms subject to change. Final terms to be
determined based on credit history & bonding.
Item: I Qty. I Description: Unit Price: Ext. Price:
1
134
6' Steel Strap Bench with back, city branding (Model 37824-111), two seat
$ 980.00
$ 131,320.00
delineators, premium durable baked powder coat finish process with sandblast
and pretreat process, zinc anchors
2
134
32 Gallon steel strap trash receptacle with hard rubber liner, hinged and lockable
$ 990.00
$ 132,660.00
door -lock by others, (Model 32915-111), premium, durable baked powder coat
finish process with sandblast and pretreat process, zinc anchors
5
21
32 Gallon steel strap trash receptacle with hard rubber liner, hinged and lockable
$ 990.00
$ 20,790.00
door -lock by others, (Model 32915-111), premium, durable baked powder coat
finish process with sandblast and pretreat process, zinc anchors
Quote / Order Authorized By:
Sub -Total:
$ 284,770.00
ESTIMATED Freight:
FIRM Freight:
$ -
20 Unit Sets Per Shipment TOLAR Delivery:
CA State Sales Tax
9.25%
$ 26,341.23
Total:
$ 311,111.23
Pricing Notes:
1. Local/State sales and/or use taxes are not induded and are the responsibility of the purchaser, unless specified above.
2. If requested, structural engineering calculations from a licensed engineer in the state of installation are additional cost of $1,200.00 per design/model.
3. Products are shipped knock dawn & unassembled in bulk packaging for unloading and installation by others. Hardware boxed by unit. Installation instructions are
provided.
4. Freight cost is an ESTIMATE ONLY. Freight is invoiced at actual cost without mark up, at time of shipment unless specified above.
5. Client provides unloading at destination, including forklift and labor as necessary.
6. Processing fee of 3%of total charge amount is additional and charged on all credit card payments.
Standard Terms and Conditions
These Tens and Conditions are attached to and incorporated by reference into the Proposal for products or services ("Proposal") provided by Toler Manufacturing Company, Inc.
(W%"ouf'or"us").
Page 1 of 2 29A-3 Initials:
TOLAR
258 Mariah Circle
Corona, CA 92879
(951)808-0081
www.tolarmfg.com
info@tolarmfg.com
Customer:
Project:
Christy Kindig
Bench and trash
Project Manager -Public Works
receptacle pricing -
City of Santa Ana
Revised
20 Civic Center Plaza M-21
Santa Ana, CA 92702
Quote No:
20147PMR1
Date:
05/27/2020
Quote Expires:
30 Days
Sales Contact:
Patrick Merrick
Phone:
951-547-8209
Email:
pmerrick@tolarmfg.com
Lead Time:
12 Weeks
From receipt of signed written order, and all
required approvals.
Terms:
Net 30 Days From Invoice
Terms subject to change. Final terms to be
determined based on credit history & bonding.
Item: I Qty. I Description: Unit Price: Ext. Price:
1. Drawings and Specifications: All drawings and specifications submitted to our clients or potential clients are proprietary in nature and remain our property. They may be viewed,
printed and distributed, without alteration, as reference for sales or for the process of specifying products for use. Detailed shop and erection drawings are provided to allow for field
installation or repair. Sealed and stamped engineering calculations and drawings from an engineer licensed in the state of installation, if required, can be made available for an
additional charge. Customers that provide their own drawing packages will retain ownership and be covered under a separate agreement.
2. Vendor Status: Toler Manufacturing Company, Inc. is a vendor supplier of manufactured products; is not a subcontractor or contractor, and is not subject to retainage or liquidated
damages for any reason.
3. Payment Tens: Payment tens for services rendered or products manufactured by us shall be determined by us based on our determination of the credit worthiness of buyer and
may require a deposit at time of order. Products are invoiced as shipped.
4. Late Payment Penalty: Buyer agrees to pay a charge equal to the lesser of (i) the highest rate allowable by law or (ii) 1.5 % per month (18 % per annum) on the unpaid balance with
respect to any late payments. In addition, buyer will pay all our costs and expenses, including actual attorney's fees, incurred in connection with enforcing the Proposal and/or
collecting any past due payments. In the event buyer fails to make any payment when due, we have the right of setoff, the right to terminate the Proposal and/or to suspend further
deliveries to buyer and the right to recover damages in addition to any other remedies available to us as a matter of law. Buyer has no right to setoff.
5. Cancellation: If an order is cancelled by buyer after receipt of order authorization, and cancellation fee of 10 % of order value may be assessed to the buyer, in addition to an the cost
of materials purchased for the order, which may be invoiced to the buyer at time of cancellation.
6. Delivery, Title and Receipt: Unless otherwise provided in the proposal, all shelters are prefabricated and shipped knockdown and in bulk format (not packaged individually) for ease
of handling and fast on -site installation. Neither buyer nor consignee shall have the right to direct or re -consign the goods to any other destination without our consent. All sales of
products are F.O.B. our plant. Risk of loss of the products shall transfer to buyer upon delivery of the products to the common carrier.
7. Delivery Charges: Unless otherwise provided in the Proposal, buyer shall bear all the costs of transportation, including without limitation loading, unloading, storage, and freight
charge. All delivery quotes allow for an approximate 2-hour unload window for a full truck. If this window is exceeded, additional charges may apply. All price quotes given for delivery
are based on estimates obtained at the time the quote was requested. Actual freight charges may vary.
8. Delivery Dates: Any delivery date(s) or period of delivery provided for in the Proposal is approximate and does not guarantee a particular dates) or period of delivery. Estimated lead
times are provided in the quote. Under no circumstances will we be liable for delay in delivery occasioned in whole or in part, by fire, flood, explosion, casualty, riot, strike, embargo,
transportation delay, breakdown, accident, act of God or the public enemy, government authority, by our inability to secure materials, fuel, supply power or shipping space or any other
circumstances beyond our reasonable control.
9. Delayed Shipment: If buyer delays shipment, we may invoice for products when ready for shipment and, at our option, we may charge reasonable daily storage fees.
10. International Freight: We require the services of freight forwarder for all international shipments. Buyer may select the freight forwarder, subject to our approval. All fees, taxes and
additional charges, in addition to the actual freight costs, are the responsibility of buyer.
11. Returns: Due to the custom nature of our products, we cannot accept returns and we cannot permit cancellations once work has commenced.
12. Manufacturer's Warranty: Our manufacturer's warranty is set forth in a separate document.
13. Limitation of Liability: WE ARE NOT LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO OUR OBLIGATIONS UNDER THE PROPOSAL, INCLUDING LOST PROFITS, LOSS OR USE, LOSS
OF REVENUE OR COST OF CAPITAL. EXCEPT FOR PERSONAL INJURY OR DEATH DUE TO OUR MISCONDUCT, BUYER AGREES THAT THE TOTAL DAMAGES THAT CAN
BE AWARDED IN ANY CLAIM BY BUYER RELATING TO OUR OBLIGATIONS UNDER THE PROPOSAL (WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, SHALL
NOT EXCEED THE TOTAL PAID BY BUYER TO US UNDER THE PROPOSAL. BUYER AGREES THAT THE ABOVE LIMITATIONS ON LIABILITY PROVISIONS SHALL REMAIN
IN FULL FORCE AND EFFECT EVEN IF IT IS FOUND THAT BUYER'S EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Governing Law, Jurisdiction and Venue: The Proposal shall be governed by and construed in accordance with the laws of the State of California without reference to the choice of
law principles thereof. Each party irrevocably submits to the jurisdiction of the Courts of the State of California and the United States District Court for the Central District of California.
15. Amendment: No amendments to these Terms and Conditions can be made unless submitted in writing to us and signed and accepted by our President or his designee.
Page 2 of 2 29A-4 Initials:
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