HomeMy WebLinkAboutItem 21 - Bus Stop Furniture PurchasePublic Works Agency
www.santa-ana.org/public-works
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 6, 2023
TOPIC: Bus Stop Furniture Purchase
AGENDA TITLE
Award a Purchase Order to Tolar Manufacturing for Advertising and Non -Advertising
Bus Shelters, Bus Benches, and Trash Containers in the Amount of $776,528 (Project
22-6999) (Non -General Fund)
RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to Tolar Manufacturing
for 30 advertising shelters, 18 non -advertising shelters, 58 bus benches, and 67 trash
containers, for a total amount not to exceed $776,528, subject to non -substantive
changes approved by the City Manager and City Attorney.
DISCUSSION
On December 18, 2018, the City Council adopted a resolution authorizing the
submission of grant applications to the Orange County Transportation Authority (OCTA)
Measure M2 Comprehensive Transportation Funding Program Safe Transit Stops
(Project W). Project W provides funding for passenger amenities at 100 of the busiest
bus stops in Orange County, 35 of which are located in Santa Ana.
On September 10, 2020, the Public Works Agency was awarded $1.03 million for 35
bus stop improvements. This contract award will provide 30 advertising shelters, 18
non -advertising shelters, 58 bus benches, and 67 trash containers to be installed
throughout each of the 35 bus stops.
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 bus
benches and trash containers in order to maintain a cohesive look to the current
distinctive shelter design. The quote submitted from Tolar Manufacturing is appropriate
and responsive to the City's requirements (Exhibit 2).
Bus Stop Furniture Purchasing
June 6, 2023
Page 2
FISCAL IMPACT
Funds for this purchase are budgeted and available in the following account:
Fiscal
Accounting Unit
Fund
Accounting Unit,
Year
— Account #
Description
Account Description
Amount
Project No.
03217663-66220
Measure M-
Measure M2 Competitive
2022-23
(22 6999)
Street
Street, Improvements
$776,528
Construction
Other than Buildings
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
I=VUTDTT i
8 1 7 1 6
GENERAL NOTES:
SOLAR MOUNTING BRACKET
1. ALL STRUCTURAL STEEL, UNLESS OTHERWISE NOTED,
USC RAD50-93
SHALL BE ASTM A-36, MINIMUM YIELD STRENGTH 36,000
SOLAR LIGHTING SYSTEM
PSI.
2. ALL STRUCTURAL ALUMINUM MEMBERS, UNLESS
SOLAR MOUNTING BRACKET
OTHERWISE NOTED, SHALL BE OF ALLOY 6063-T5 OR
D GREATER.
3. ALL HOLES TO BE DRILLED OR PUNCHED.
4. STEEL WELDING SHALL CONFORM TO A
ELECTRODES
WELDING SOCIETY STANDARD Dl. 1-10. ELECTRODES
SHALL CONFORM TO AWS 5.1, CUSS E70S-5.
5. ALUMINUM WELDING SHALL CONFORM TO AMERICAN
WELDING SOCIETY STANDARD DI. 2-08. ELECTRODES
SHALL CONFORM TO AWS/SFA 5.10 CLASS ER4043.
6. ALL WELDING TO BE DONE AT TOLAR MANUFACTURING
COMPANY, INC. FACILITY.
7. ALL CORPORATE PROCEDURES, INCLUDING
FABRICATION, MUST BE IN COMPLIANCE WITH TOLAR
DETAIL E
MANUFACTURING CoINCS QUALITY CONTROL MANUAL.
8. MINIMUM 240 HOUR SLAB CURE PRIOR TO ANCHOR
SCALE 1 / 8
INSTALLATION
D--
SC
2" X 2" X 1/4" W.T.
ALUM.TUBE
Cl
PLATE SHOE WELDMENT DETAIL
SCALE 1 / 4
09 X 112"
ALUM. PLATE
POST
(ALUM. EXTRUSION) 01/2" X 4-1/2" HILTI TZ
INNER TUBE STN STL ANCHORS
(2" X 2" X 1/4" W.T.) (4 PER POST)
INSTALLED PER ESR-1917
B 3/8-16 X 3" SFN SFL BUTTON
SOCKET HEAD BOLT
(W/ LOCK WASHERS & HEX NUT)
oiuL ViLVV
21/2" CENTER OF ANCHOR
HOLE TO CENTER OF SHOE
PLATE
SECTION D-D
SCALE 1 / 4
REAR POST
(ALUM. EXTRUSION)
3/8-16 X 3" STN STINUT)
SOCKET H
(W/ LOCK WASHERS & 31/4" MINIMUM
EFFECTIVE
I/2" EMBEDMENT
+ �D
T T--
A 6"' MIN.
L v
x4 REBAR 12' OC, E.W. DETAIL C
W/ 3" BOTTOM & EDGE CLEARANCE SCALE 1 / 8
#14 X 1" TEK
TAMPE
DETAIL F
SCALE 1 / 2
5
TOP VIEW
FRONT ELEVATION
3
5/16" X 1"
7 PER ROO
DETAIL B
SCALE 1 / 4
3LOR: 1/4" FLANGE HEX NUT
RAFFIC BLUE AND HER, STN STL
�NENTS (8 PER ROOF PRESSURE RIB)
ROOF PANEL,
1/8" ALUMINUM
RESSURE RIB (ALUM . EXTRUSION)
WITH RUBBER SEAL
ROOF RIBS
(1/2" ALUM. PLATE)
21/2" ROUND ALUM TUBE SECTION A -A
1/8" ALUM PERF FASCIA SCALE 1 / 8
DETAIL POST/ BEAM EXTRUSION
SCALE 2 / 3
L/\I Il IJi I 1
1
DATE I APPROVED
N STL BUTTON
BOLT
;HERS & HEX NUT)
NT
OTRUSION)
-3/8-16 X 3" STN STL BUTTON
SOCKET HEAD BOLT
(W/ LOCKWASHER & HEX NUT)
FRONT POST
(ALUM. EXTRUSION)
SNAP -IN APPLIED
AFTER INSTALLATION
R Tolar Manufacturing Company, Inc
TOLA
Po 258 Mariah Circle, Corona CA. 92879
rnox ITNON AD SUNSET SHELTER
SANTA ANA, CA 1 OF 1
n 12, 35835-03
1118 �'E 12/19I2M2 NNBY- 3aaia
Dome�35835-03.idw
8 7
GENERAL NOTES:
1. ALL STRUCTURAL STEEL, UNLESS OTHERWISE NOTED, SHALL BE ASTM A-36, MINIMUM
YIELD STRENGTH 36,000 PSI,
2. ALL STRUCTURAL ALUMINUM MEMBERS, UNLESS OTHERWISE NOTED, SHALL BE OF
ALLOY 6063-T5 OR GREATER.
3. ALL HOLES TO BE DRILLED OR PUNCHED.
4. STEEL WELDING SHALL CONFORM TO AMERICAN WELDING SOCIETY STANDARD Di.
D 1-10. ELECTRODES SHALL CONFORM TO AWS 5.1, CLASS E70S-5.
5. ALUMINUM WELDING SHALL CONFORM TO AMERICAN WELDING SOCIETY STANDARD
D1.2-08. ELECTRODES SHALL CONFORM TO AWS/SFA 5.10 CLASS ER4043.
6. ALL WELDING TO BE DONE AT TOLAR MANUFACTURING COMPANY, INC. FACILITY.
7. ALL CORPORATE PROCEDURES, INCLUDING FABRICATION, MUST BE IN COMPLIANCE
WITH TOLAR MANUFACTURING CO. INC'S QUALITY CONTROL MANUAL.
8. THE CONCRETE PAD SIZES SHOWN ARE STANDARD MINIMUM REQUIREMENTS AND
ARE FOR REFERENCE ONLY. THE PAD MAY NEED TO BE REINFORCED OR ENLARGED
DEPENDING ON LOCAL CODES AND LOADING CONDITIONS.
CI
BI
3 1/2" MINIMA
SEE
AI
SIDE VIEW
DETAIL B
SHOE WELDMENT/ ANCHORING
SCALE2"=1'-0"
6
6'-9" MIN
5 4 3
11'-5 3/6"�
32. GAL. STRAP TRASH CAN W/ HINGE DOOR,
MASP LOCK (PADLOCK BY OTHERS),
FIAT LID OPTION WITH TAMPER PROOF SCREWS
3/8" MINIMUM CON(
(SEE NOTE 8.)
------------ --.
ADA 30 X 48
a
2'-311/16"
6'-0" MINIMUM CONCRETE SLAB
(SEE NOTE 8.) `
6.
-----------------
SECTION A -A
FLOOR PLAN
SCALE 1/2"=1'-V'
6 5 L
PANELS,
1/8 THK ALUMINUM (3)
SOLAR SYSFEM
JBING WELDMENT,
ALUMINUM TUBE ENCAPSULATING
IINUM PERE
TRAP BENCH
WITH (2) SEAT DELINEATORS
A
2 1 1
1/2" LOGO PLATE
DECAL BOTH SIDES
TWORK PROVIDED BY
TOMER
SIDE VIEW
01/2" X 4-1/2" HILTI TZ
SIN STL ANCHORS
(4 PER POST)
INSTALLED PER ESR-1917
09" X 1/2" THK. ALUMINUM SHOE FLANGE
DETAIL A
ANi%EfFR-Pao�Rry CF TOURr �_TOLAR MANUFACTURING COMPANY, INC
B'UTHU My TOLAR 259 M.1h Cirtle, C1111 CA.9289
n1Nr C0NSErvT_T=x.. llD cp��x 1Y AD SUNSET SHELTER
TOUR
_ DE
TA
� SANTA ANA, CA
ioiscaee�aN�ciisioTou�RAr9'YAR L pE n. vuuEs " 37884-00
iHATR[uT 0 NOTED — N15I2020 —' NI
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T:\Inventor\SheRem\Ad Custom Dome\31884-00.idw
8 7 6 5 4 3 2 1
GENERAL NOTES: 3 TAKS EVERY 120 DEG 1/4
1/2 EVERY 5 SLAT'
100% 1/4
1. ALL STRUCTURAL STEEL, UNLESS OTHERWISE NOTED, SHALL BE ASTM A-36, MINIMUM STARTING FROM CENTER 3/16 11/2
YIELD STRENGTH 36,000 PSI. WELD BACK SIDE ONLY
2. ALL STRUCTURAL ALUMINUM MEMBERS, UNLESS OTHERWISE NOTED, SHALL BE OF TAB IS RUSH
ALLOY 6063-T5 OR GREATER.
D 3. ALL HOLES TO BE DRILLED OR PUNCHED. WELD TO FRO T 3/16 11/2 D
4. STEEL WELDING SHALL CONFORM TO AMERICAN WELDING SOCIETY STANDARD Di. ONLY
1-10. ELECTRODES SHALL CONFORM TO AWS 5.1, CLASS E70S-5.
5. ALUMINUM WELDING SHALL CONFORM TO AMERICAN WELDING SOCIETY STANDARD a
D1.2-08. ELECTRODES SHALL CONFORM TO AWS/SFA 5.10 CLASS ER4043.
6. ALL WELDING TO BE DONE SOLAR MANUFACTURING COMPANY, INC. FACILITY. A >1 p�
7. ALL CORPORATE PROCEDURES, INCLUDING FABRICATION, MUST BE IN COMPLIANCE "SANTA ANA"
WITH TOLAR MANUFACTURING CO. INC-8 QUALITY CONTROL MANUAL. FONT: TIMES NEW ROMAN 6Q1����N
8. THE CONCRETE PAD SIZES SHOWN ARE STANDARD MINIMUM REQUIREMENTS AND
ARE FOR REFERENCE ONLY. THE PAD MAY NEED TO BE REINFORCED OR ENLARGED
DEPENDING ON LOCAL CODES AND LOADING CONDITIONS.
2
3/16
DD
LEAVE DRAIN GAP— E
11/4 , Av /4
00%
TOP VIEW
SC4lEI"=1'-0"
C ISOMETRIC VIEW C
SGllEI•=1,-0,
72 25 7/8
221/8—211/4— —221/8
SEAT ELINEATOR
0 0 0 0 0 0 0 0 WELDED INTO PLACE 121
ANTA � kN
34 5/16 Iml 34 5/16
24
17
PARTS LIST
REM QTY PART NUMBER DESCRIPTION
2 1 37826-00 6' STEEL STRAP CUSIOM
g 66LO� SIDE VIEW BENCH,TOPPg
SGUEI^=1'-0" 3 1 37827-00 6'SR STRAP CUSTOM
QISTOM
A BENCH, BOTTOM PIPE
FROM VIEW 4 1 27765-00 STRAP BACK BENCH,
SCAIEI^=1'-0^ RIGHT SIDE
8 1 27766-00 STRAP BACK BENCH LEG
WELDMENT, LEFT SIDE
6 1 37825-00 BENCH PLATFORM,
FORMED - SANTA ANA,C A
7 2 27601-00 SEAT DELINEATOR
70
20
SECTION -
SCP1E
A TMiEu�arvuµPROPEMOFTaunra =T%Ar-R MANUFACTURING COMPANY, I- A
SOLAR SMe aM1 Ci le, Comne CA.9289
COUSENTFRD. TGua xiG.O cR� x SANTA MA CUSTOM STRAP BENCH
_DT. aurawa SANTA ANA, CA
LOISCREMCIESTOM"MFG.µENEA DR- OIL pE n ALLSTEEL a37624-01
THATREUT 0 NOTED �� 5I28I2020� RFarr
8 7 6 5 4 3 FTn2vrowc 1
T:\Inventor\Bexhes\37824-00.idw
4
3
2
1
B
A
015" WASTE DISPOSAL OPENING
21/" MIN. EMBEDMENT
FRONT PERSPECTIVE
& ANCHORING DETAIL
TYR
A
V Y5�11
I
I
I
I
A
LATCH (LOCK HOLE) DETAIL
WASTE DISPOSAL OPENING DETAIL
SECTION: A -A
LATCH RAMP DETAIL
SLIGHTLY ANGLED DOWNWARD
(5') FOR EASE OF ACCESS
CONFIGURATION A
2 PLANT 2
CONFIGURATION B - ANCHORS
0
NO ANCHORS
1
1/2" X 3 3/4" SUP-R ANCHORS, ZINC
2
1/2" X 3 3/4" SUP-R ANCHORS, STN STL
3
1/2" X 41/4" SUP-R ANCHORS, ZINC
4
1/2" X 41/4" SUP-R ANCHORS, STN STL
5
1 1/2" X 3 3/4" HILTI TZ ANCHORS, ZINC
6
1/2" X 3 3/4" HILTI TZ ANCHORS, STN STL
7
1/2" X 41/2" HILTI TZ ANCHORS, ZINC
8
1/2" X 41/2" HILTI TZ ANCHORS, STN STL
9
SPECIAL- SPECIFIED ON SALES ORDER
CONFIGURATION C - FINISH
0
NONE
1
STANDARD POWDER COAT
2
STANDARD POWDER COAT WITH CLEAR COAT
3
PREMIUM POWDER COAT
4
PREMIUM POWDER COAT WITH CLEAR COAT
5
TBD
6
1 TBD
7
TBD
8
TBD
9
SPECIAL - SPECIFIED ON SALES ORDER
N1EXAMPLE: 3 18 3 6 u11 1 1 OLA,R. R MANUFACTURING COMPANY, INC
122' DOOR SWING DURABILITYWRHDISTINCTION 258 Mariah Circle, Corona CA. 92879
DESCRIPTION
DRAWING NUMBER CONFIGURATION A 32G. TRASH CAN W/ HINGE DOOR / PADLOCK
TOP PERSPECTIVE T CUSTOMERIVENDOR PG.
& DOOR SWING DETAIL CONFIGURATION B RTA 1 OF 1
SIZE MATL. DWG N0.
CONFIGURATION C B STL. 32915-00
THE DESIGN AND DRAWINGS REMAIN THE INTELLECTUAL PROPERTY OF TOLAR MFG. AND ARE PROTECTED BY LAW. THEY MAY NOT BE ALTERED, REPRODUCED OR USED FOR FABRICATION WITHOUT EXPRESSED WRITTEN CONSENT FROM TOLAR MFG. ALL DOCUMENTS SCALE DATE DRAWN BY'.
TO BE RETURNED TO TOLAR MFG, AT COMPLETION OF WORK. CONTRACTOR TO SITE VERIFY ALL DETAILS AND DIMENSIONS AND REPORT ANY AND ALL DISCREPANCIES TO TOLAR MFG. BEFORE COMMENCING WITH THAT RELATED PORTION OF THE WORK. 2/14/201 H RFarr
4 1 3 2 1
T:\Inventor\ rash Cans\32915-OO.idw
B
A
0011111-111110
,171N
EXCEPTION TO PROCESS REQUEST
Finance and Management Services — Purchasing Division
DEPARTMENT AND VENDOR INFORMATION
Department/Division
Department Contact/Requester
DatelTerm of Agreement
PWA Admin
Christy Kindig
04/05/2023
Vendor Name
Vendor Email & Phone
Vendor Representative
Tolar Manufacturing
pmerrick@tolarmfg.com 951-547-8209
Patrick Merrick
Type of Contract: 8 One-time ❑ Multi -Year
Requisition No.
Amount (including all fees & taxes)
❑ Renewal ❑ Change Order ❑ Increase
$ 776,527.15
Type of Exception (check all that apply);
❑Sole Source ❑Piggyback ❑Aesthetics ❑ Grant dictates vendor awarded ®Other — explain below
El Emergency Purchase — Provide Emergency PO pre -approved and assigned by Buyer:
❑Preservation of life, health, or property
[--]Formal solicitation previously attempted, but yielded no responsive solicitations or lowest, responsible bidder is not being awarded. Please
provide more information below. Provide solicitation number: RFPIIFB #
JUSTIFICATION
Description - Provide a detailed description. Attach additional page(s) ifneeded.
Metal advertising and non -advertising shelters, benches, and trash receptacles to be installed at 35 bus
stops throughout the City as part of OCTA's Measure M2, Project W Safe Transit Stops Program. This
purchase will be paid using grant funds.
Justification for exception to competitive bidding process request:
Explain why this purchase cannot be procured using the City's competitive bidding process or current Purchasing Policies and Procedures. Attach additional
pages) if needed.
The City desires to maintain an established aesthetic standard for the purpose of preserving appearance.
Tolar Manufacturing has manufactured all of the new bus shelter furniture purchased for the City beginning
2021.
CERTIFICATIONS
! certify that:
• Purchase will not be split to circumvent the City's established 1 have verified due diligence has been performed by myself or
Purchasing Policies and Procedures, department staff and can confirm purchasing these
• It is my responsibility to verify vendor's compliance with the City's productslservices in accordance with the City's established
insurance and prevailing wage requirements (DIR) prior to Purchasing Policies and Procedures is not advantageous to the
commencement of any work on City property, City.
APPROVAL
All Public Work Projects:
o >$5,000: Purchasing Manager and Division Manager approvals required a $25,000 — $250,000: City Manager and Executive Director approvals
Non -Public Work Projects: required
o $25,000 — $50,000: City Manager and Executive Director approvals o > $250,000: City Council approval required
required
o >$50,000: City Council approval required
Req tens Name
rusry I�in�D r
Sig t e
Date
�
Division Mead/Manager's Name
Signat
Date
)13 a Da 2_ C>5
Purchasing Manager's Approval
Date
Karla Lopez
05/08/23
Additional approvals required for procurements exceeding $25,000:
Executive Director/Designee's Name
Signature
Date
City Manager's Approval
Date
City of Santa Ana Purchasing Division 10/18/2022
TOLAR
258 Mariah Circle
Corona, CA 92879
(951)808-0081
www,tolarmfg.com
info@tolarmfg.com
Customer:
Project:
Christy Kindig
Project W Santa Ana
City of Santa Ana
Bus Shelters
20 Civic Center Plaza
Santa Ana, CA 92702
Quote No:
21513PMR1
Date:
12/14/2022
Quote Expires:
30 Days
Sales Contact:
Patrick Merrick
Phone:
951-547-8209
Email:
pmerrick@tolarmfg.com
Lead Time:
16 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: t�C. Descriation: Unit Price: Ext. Price,
1
30
12' Tolar Signature Sunset Transit Advertising Shelter (37884-00) featuring:
$ 8,160,00
$ 244,800.00
Sunset series extrusion, radius roof, 118" aluminum roof panels secured with
gasketed pressure ribs, perforated aluminum branding element with location
plaque (street names by others), City logo disc with logo (2) on the upstream
end, flat back to back media display kiosk downstream with two side hinged
display doors containing 3116" clear tempered glass, durable baked powder coat
finish color RAL 9004 Signal Black, adjustable leveling shoes with spun
escutcheon shoe covers, stainless steel anchors and all installation hardware -
illumination quoted below -benches and trash receptacles quoted separately
2
30
Tolar USC RAID 170 featuring dusk to dawn solar powered LED illumination
$ 4,450,00
$ 133,500.00
under the shelter roof, 8 hours of illumination in the media display kiosk (after
dusk or 216 split), powder coat finish RAL 9004 Signal Black
3
18
12' Tolar Signature Sunset Transit Non -Advertising Shelter (35835-XX) featuring:
$ 6,660.00
$ 119,880.00
Sunset series extrusion, radius roof, 118" aluminum roof panels secured with
gasketed pressure ribs, perforated aluminum branding element with location
plaque (street names by others), City logo disc with logo (2) on the upstream
end, durable baked powder coat finish color RAL 9004 Signal Black, adjustable
leveling shoes with spun escutcheon shoe covers, stainless steel anchors and all
installation hardware -illumination quoted below -benches and trash receptacles
quoted separately
4
18
Tolar USC RAID 100 featuring dusk to dawn solar powered LED illumination
$ 2,175.00
$ 39,150.00
under the shelter roof, powder coat finish RAL 9004 Signal Black
5
58
6' Steel Strap Bench with back, city branding (Model 37824-111), two seat
$ 1,340.00
$ 77,720.00
delineators, premium durable baked powder coat finish process with sandblast
and pretreat process, zinc anchors
Page 1 of 3 Initials:
TOLAR
258 Mariah Circle
Corona, CA 92879
(951) 808-0081
www.tolarmfg.com
info@tolarmfg.com
Customer:
Project:
Christy Kindig
Project W Santa Ana
City of Santa Ana
Bus Shelters
20 Civic Center Plaza
Santa Ana, CA 92702
Quote No
21513PMR1
Date;
12114/2022
Quote Expires:
30 Days
Sales Contact:
Patrick Merrick
Phone:
951-547-8209
Email:
pmerrick@ tolarmfg.com
Lead Time:
16 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: QQt L. IDescription. Unit Price: Ext. Price:
6
67
32 Gallon steel strap trash receptacle with hard rubber liner, hinged and lockable
$ 1,340.00
$ 89,780.00
door -lock by others, (Model 32915-111), premium, durable baked powder coat
finish process with sandblast and pretreat process, zinc anchors
Signature
Print Name:
Date:
PO No.
Sub -Total:
$
704,830.00
ESTIMATED Freight:
FIRM Freight:
$
-
TOLAR Delivery:
$
5,950.00
CA State Sales Tax 9.25%
$
65,747.15
Total:
$
776,527.15
Pricing Notes:
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 designlmodel.
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.
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 Terms and Conditions are attached to and incorporated by reference into the Proposal for products or services ("Proposal') provided by Tolar Manufacturing Company, Inc.
('Lwe°, "our or "us").
1. Drawings and Specifications: All drawings and specifications submitted to our clients or potential clients are proprietary in nature and remain our property. They maybe 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: 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.
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.
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.
Page 2 of 3 Initials:
258 Mariah Circle
Corona, CA 92879
(951)808-0081
www.tolarmfg.com
info@tolarmfg.com
Customer:
Project:
Christy Kindig
Project W Santa Ana
City of Santa Ana
Bus Shelters
20 Civic Center Plaza
Santa Ana, CA 92702
Quote No:
21513PMR1
Date:
12/14/2022
Quote Expires:
30 Days
Sales Contact:
Patrick Merrick
Phone:
951-547-8209
Email:
pmerrickmf ,com
Lead Time:
16 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 Qt : Descr�I tion: Unit Price: Ext. Price:
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 shalt 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.
S. 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, good, 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 REtATtNG 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 EXCLUSIVF 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 parry 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.
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