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HomeMy WebLinkAboutItem 25 - Bus Stop Furniture Purchase Public Works Agency www.santa-ana.org/pw Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 21, 2022 TOPIC: Bus Stop Furniture Purchase AGENDA TITLE Award a Purchase Order to Tolar Manufacturing in the Amount of $514,764 for Bus Benches, Trash Containers and Advertising Kiosks (General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Tolar Manufacturing for 129 bus benches, 129 trash containers, and 30 advertising kiosks, for a total amount not to exceed $514,764, 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 benches and trash containers 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 counts in the County of Orange, it is imperative that benches are replaced and maintained to accommodate the needs of the community. The City Council approved the initial purchase of replacement furniture in FY 2019-20, and a second purchase in FY 2020-21. In total, the first two phases include the replacement of 293 benches and 314 trash containers. This contract award will provide an additional 129 benches and 129 trash containers, in addition to 30 advertising kiosks, for deployment throughout the City. The installation will first be prioritized based on the condition of the existing furniture at each bus stop, with a focus on replacing furniture that shows metal fatigue. Secondly, furniture in locations where either the bench or trash container are missing will be replaced. Any existing furniture in those locations will be replaced as well. The remaining furniture, if any, will be distributed equally between City wards. Due to the unique style of the shelter furniture (Exhibit 1), 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 additional Award Purchase Order to Tolar Manufacturing June 21, 2022 Page 2 2 7 8 7 bus benches and trash containers in order to match the new furniture to the current distinctive shelter design. The quote submitted from Tolar Manufacturing is appropriate and responsive to the City’s requirements (Exhibit 2). ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds for this purchase are budgeted and available in the following General Fund account: Fiscal Year Accounting Unit – Account # Fund Description Accounting Unit, Account Description Amount 2021-22 01117621-62300 General Fund Bus Shelter Program- Service Enhancement, Contract Services- Professional $514,764 EXHIBIT(S) 1. Bus Stop Furniture Specifications 2. Bus Stop Furniture Quote Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager SPECIFICATIONS EXHIBIT 1 SCALE 2"=1'-0" SCALE 2"=1'-0" SCALE 2"=1'-0" SCALE 2"=1'-0" SCALE 1 / 16 SCALE 1 / 16 SCALE 1 / 16 SCALE 1 / 16 SCALE 1 / 16 SCALE 1" = 1'-0" Quote No: Date: Quote Expires: 30 Days Sales Contact: Phone: Email: Project: Item:Qty:Unit Price:Ext. Price: 130 4,225.00$ 126,750.00$ 2 129 1,340.00$ 172,860.00$ 3 129 1,330.00$ 171,570.00$ 471,180.00$ -$ -$ CA State Sales Tax 9.25% 43,584.15$ 514,764.15$ Pricing Notes: Standard Terms and Conditions Print Name: Date: PO No. 5.Client provides unloading at destination, including forklift and labor as necessary. TOLAR Delivery: Total: 2. Vendor Status: Tolar 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. 6.Processing fee of 3% of total charge amount is additional and charged on all credit card payments. 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. These Terms and Conditions are attached to and incorporated by reference into the Proposal for products or services (“Proposal”) provided by Tolar Manufacturing Company, Inc. (“we”, “our” or “us”). 1.Local/State sales and/or use taxes are not included 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 down & 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. Quote / Order Authorized By: Signature: 3. Payment Terms: Payment terms 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. 16 Weeks From receipt of signed written order, and all required approvals. Terms:Terms subject to change. Final terms to be determined based on credit history & bonding. Net 30 Days From Invoice Patrick Merrick FIRM Freight: 21118PMR 951-547-8209 pmerrick@tolarmfg.com Sub-Total: ESTIMATED Freight: Description: Free Standing two-door semi-v kiosk (42695-00), radius bands with City logo at the top, 110V LED illumination, two side hinged doors with 3/16" clear tempered glass adjustable leveling shoes, durable baked powder coat finish color selected from the standard RAL color options, stainless steel anchors and all installation hardware 6' Steel Strap Bench with back, city branding (Model 37824-111), two seat delineators, premium durable baked powder coat finish process with sandblast and pretreat process, zinc anchors 32 Gallon steel strap trash receptacle with hard rubber liner, hinged and lockable door-lock by others, (Model 32915-111), premium, durable baked powder coat finish process with sandblast and pretreat process, zinc anchors 04/28/22 Lead Time: 258 Mariah Circle Corona, CA 92879 (951) 808-0081 www.tolarmfg.com info@tolarmfg.com Customer: Christy Kindig Project Manager City of Santa Ana-Public Works 20 Civic Center Plaza M-21 Santa Ana, CA 92702 Free Standing Kiosks and street furniture Page 1 of 2 Initials: _____________ EXHIBIT 2 Quote No: Date: Quote Expires: 30 Days Sales Contact: Phone: Email: Project: Item:Qty:Unit Price:Ext. Price: 16 Weeks From receipt of signed written order, and all required approvals. Terms:Terms subject to change. Final terms to be determined based on credit history & bonding. Net 30 Days From Invoice Patrick Merrick 21118PMR 951-547-8209 pmerrick@tolarmfg.com Description: 04/28/22 Lead Time: 258 Mariah Circle Corona, CA 92879 (951) 808-0081 www.tolarmfg.com info@tolarmfg.com Customer: Christy Kindig Project Manager City of Santa Ana-Public Works 20 Civic Center Plaza M-21 Santa Ana, CA 92702 Free Standing Kiosks and street furniture 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. 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. 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. 6. Delivery, Title and Receipt: Unless otherwise provided in the proposal, all shelters are prefabricated and shipped knock-down 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 date(s) 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. 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. Page 2 of 2 Initials: _____________