HomeMy WebLinkAboutReso 2019-2905 RESOLUTION NO. 2019 - Z1O‘
•
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA,
AUTHORIZING THE PURCHASE OF FIFTEEN (15) BUS
SHELTERS FROM TOLAR MANUFACTURING
COMPANY, INC., IN AN AMOUNT NOT TO EXCEED
EIGHTY-FIVE THOUSAND SEVENTY-FIVE DOLLARS
($85,075.00), ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THE TERMS OF
THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, has City staff has determined the need to replace numerous bus shelters
throughout the City; and
WHEREAS, on February 21, 2008 via' Resolution No. 2008-1227 the City Commission
approved the purchase of bus shelters from Tolar Manufacturing Company, Inc. ("Tolar"); and
WHEREAS, Tolar is the sole source vendor of bus shelter model currently used by the
City; and
WHEREAS, Tolar has provided a quote for the purchase of fifteen (15) bus shelters, in a
total amount not to exceed Eighty-Five Thousand Seventy-Five Dollars ($85,075.00), attached
hereto as Exhibit "A"; and
WHEREAS, the City Commission wishes to approve the purchase of fifteen (15) bus
shelters from Tolar.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Authorization of Purchase. The City Commission hereby authorizes the purchase
of fifteen (15) bus shelters from Tolar Manufacturing Company, Inc., in a total amount not to
exceed Eighty-Five Thousand Seventy-Five Dollars ($85,075.00), attached hereto as Exhibit "A";
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 17th day of January 2019.
-OP11
George H. Scholl, Mayor
R2019 Bus Shelter Purchase from Tolar Page 1 of 2
ATTE^T:
,ff
Car.
Mauricio Betan ur, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Hans 0 ino , City Attorney
Moved by: ( wqcctovJ GOLbMf
Seconded by: Cpmto ICSioNtr—
Vote:
Mayor Scholl - f 'fi (Yes) (No)
Vice Mayor Svechin /(Yes) (No)
Commissioner Goldman ✓ (Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Viscarra — (Yes) (No)
R2019 Bus Shelter Purchase from Tolar Page 2 of 2
258 Mariah Circle Quote_No: 17980
Corona,CA 92879 Date: 12/27118
(951)808 0081 Quote Expires: 30 Days
TOLARwww.tolarmfg.com Sales Contact: Scott Williams
info@tolarmfg.com Phone: 951-547-8230
Email: swilliams@tolarmfg.com
Customer: ; 12 Weeks
Fabricio Volpi Lead Time: From receipt of signed written order,and all
Public Works Superintendent required approvals.
City of Sunny Isles Beach Net 30 Days From Invoice
19160 Collins Ave Terms: Terms subject to change.Final terms to be
Sunny Isles Beach,FL 33160 determined based on credit history&bonding.
Item: Qty: Description: ( Unit Price: Ext.Price:
1 15 Tolar Model 6549-01 —13'Sierra non-advertising transit shelter featuring:low $ 5,245.00 $ 78,675.00
dome roof design with bronze tint twinwall polycarbonate roof panels secured by
gasketed pressure ribs;roof ends enclosed with bronze tint acrylic panels; 3/8"
clear tempered safety glass panels in rear and both end walls; internally
telescoping adjustable leveling shoes for installation,on suitable concrete pad;
finished in Super Durable TCI baked powder coat finish color RAL 9017 Traffic
Black;zinc anchors and all installation hardware and instructions.
Sub-Total: $ 78,675.00
Quote Approved/Order Authorized.By: • ESTIMATED Freight: $ 6,400.00
Signature: FIRM Freight: $ -
Print Name: TOLAR Delivery: $ -
Date: CA State Sales Tax 0.00% $ -
PO No. Total: $ 85,075.00
Pricing Notes:
1.Local and state sales and/or use taxes are not included and are additional,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. 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 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.('we",
"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 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.
Page 1 of 2 Initials:
258 Mariah Circle Quote No: 17980
Corona,CA 92879 ' Date: 12/27/18
(951)808-0081 Quote Expires: 30 Days
TO L A fZ (951)wwwSales Contact: Scott Williams
info@tolarmfg.com Phone: 951-547-8230
} f i Email: swilliams@tolarmfg.com
Customer: 12 Weeks
Fabricio Volpi Lead Time: From receipt of signed written order,and all
Public Works Superintendent required approvals.
City of Sunny Isles Beach Net 30 Days From Invoice
19160 Collins Ave Terms: Terms subject to change.Final terms to be
Sunny Isles Beach, FL 33160 determined based on credit history&bonding.
Item: Qty: Description: E Unit Price: . Ext.Price:
2.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.Invoicing wit include any applicable sales tax.If buyer requests delayed shipment,we may invoice for products
when ready for shipment and,at our option,we may charge reasonable daily storage fees.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 attorneys 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.
3.Delivery,Title and receipt.Unless otherwise provided in the proposal,at shelters are prefabricated and shipped knock-down(K.D.)and in bulk format(not packaged individually)for
ease of handling and fast on-site installation.In most cases,we ship via 52'air ride logistics vans.This process provides additional product protection as it is in transit to buyer.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.
4.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.
5.Delivery Dates:We wit use commercially reasonable efforts to deliver the services and products in accordance with a buyer proposed delivery schedule in order to accommodate
buyer's request.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.Under no
circumstances will we be liable for delay in delivery occasioned in whole or in part,by fire,,Hood,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.
We have the right to extend the delivery period a reasonable length of time after a delay.We have the right to apportion our materials and products among our customers in the manner
we deem equitable.Buyer must accept delivery at the agreed price when the causes of the delay are remedied.
6.International Freight:We require the services of freight forwarder for all international shiipments.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.
7.Returns;Cancellations:Due to the custom nature of our products,we cannot accept returns and we cannot permit cancellations once work or materials have been ordered.
8.Manufacturers Warranty:Our manufacturer's warranty is set forth in a separate document.
9.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.
10.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.
11.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 Initials:
TOLAR
ug fi 4t1L $ 1Iu
January 7, 2019
Genesis Cuevas, MPA •
Purchasing Agent
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Project: Tolar Model 6549-01 13' Sierra Transit Shelter
Dear Genesis:
This letter is to confirm that the Tolar Sierra Series Model 6549-01 Transit Shelter is a sole source product, manufactured,
sold, and distributed exclusively by Tolar Manufacturing Company, Inc.
This product, and all replacement parts and components as designed and specified by Tolar, must be purchased directly by
institutions from Tolar Manufacturing Company, Inc.at the address listed below. There are no agents or dealers authorized
to represent this product and there is no other like item or product available for purchase that would serve the same
purpose or design function, and there is only one price for the above named items or products.
If you desire additional information, please contact me at 951-5474-8230 or swilliams@tolarmfrg.com with any questions
or requests for clarification. Thank you for your interest in our products.
Best,
//(//libt,--1?-
Scott Williams
Business Development Manager
Tolar Manufacturing Company, Inc.
TOLAR MANUFACTURING COMPANY INC.
TRANSIT SHELTERS I STREET FURNITURE I DISPLAYS&DIRECTORIES I TRANSIT SOLAR LIGHTING
258 Mariah Circle,Corona,CA USA 92879-1751 1800-339-6165 1 951-808-0081 I www.tolarmfg.com
s�NNY,s�F • City of Sunny ll es Beach
t fix;
18070 Collins Avenue
Sunny Isles Beach, Fiorida 33160 •
y�. ;f 7 F 4�a. (305)947-0606 City Hall .
rrTr or sVe;dao (305)949-3113 Fax
MEMORANDUM
• -TO: The Honorable Mayor and City Commission
viA: Christopher J.•Russo, City Manager
FROM: Susan Simpson,Assistant City Manager-
• DATE:. 1/17/2019 .
•
RE: • Sole Source Purchase of Bus Shelters •
RECOMMENDATION: . .
• . Itis recommended that the City Commission approve this item. .
-_ .REASONS:
. Fifteen (15) .bus shelters throughout the City are. in need of major. .
rehabilitation. Nine (9) of the fifteen (1.5) are along Collins Avenue'and
will also be'pushed back from their existing locations in order to provide .
• better accessibility along the sidewalk. This will require pouring.new - -
slabs for.these nine:(9)shelters.
Quotes were obtained to do the rehabilitation and it was determined that
replacing tthehelters via a sole source vendor (Toler Manufacturing) is
more cost_effective than rehabilitating the existing.. -
This Resolution will..authorize the purchase of fifteen (15)•bus shelters
. in an amount not to exceed $85,075.00.
FUNDING:SOURCE: •
Shelters will be paid for out of account no. 300-5-5410-465000-99008. -
ATTACHMENTS:
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• Resolution
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